THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD
COUNTY OF SEVIER
CITY OF RICHFIELD
At the City Council
In and For Said City
November 14, 2017
In and For Said City
November 14, 2017
Minutes of the Richfield City Council meeting held on Tuesday, November 14, 2017 at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor David C. Ogden presiding.
1. OPENING REMARKS
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES APPROVED
5. AUDITED FINANCIAL STATEMENT FOR 2016 ACCEPTED
6. PUBLIC HEARING TO VACATE 700 EAST STREET
7. PLANNING COMMISSION REPORT
8. PLAT FOR STREET DEDICATIONS IN THE R&R SUBDIVISION AND WAIVER FOR SPECIAL IMPROVEMENT APPROVED
9. HANGER AGREEMENT WITH WEST PENN AVIATION APPROVED
10. CANVASS OF THE NOVEMBER 7, 2017 MUNICIPAL GENERAL ELECTION APPROVED
11. 500 EAST WATER LINE PROJECT APPROVED
12. LEASE PURCHASE EQUIPMENT AGREEMENT WITH ZIONS BANK APPROVED
13. AIRPORT EXPANSION PROJECT DISCUSSED
14. POLICE DEPARTMENT REPORT
15. OTHER BUSINESS
16. EXECUTIVE SESSION
17. RECONVENE & ADJOURN
1. OPENING REMARKS were offered by Mike Langston.
2. PLEDGE OF ALLEGIANCE was led by Mayor Ogden.
3. ROLL CALL. Present: Mayor David Ogden, Bryan Burrows, Richard Barnett, Connie Nielson, Matt Creamer, Mike Langston, Michele Jolley. Excused: Kevin Arrington, Kathy Christensen.
Others present: Gabe Miller, Rick Roberts, Brion Terry, Tooter Ogden, and Jeff Albrecht.
4. MINUTES APPROVED. Motion: Approve the minutes of the meeting held October 24, 2017, Action: Approved, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
5. AUDITED FINANCIAL STATEMENT FOR 2016 ACCEPTED. Gabe miller and Rick Roberts were present to discuss the audited financial statement ending June 30, 2017 and the management letter issued. The City was given a clean opinion or an unmodified opinion. Mr. Miller also explained that the City’s total debt decreased by a net amount of 1.022 million dollars during the current year.
Mr. Roberts explained that the law requires them test certain items and report any findings in a management. The City had no compliance findings during this audit.
There were some recommendations that they suggested for changes with cash receipting for the front office and some changes at the swimming pool.
6. PUBLIC HEARING TO VACATE 700 EAST STREET. Mayor Ogden opened a public hearing at 7:35 p.m. to receive comments on a petition to vacate a portion of 700 East Street from 700 North to approximately 850 North. Hearing no comments, Mayor Ogden closed the hearing at 7:36 p.m.
7. PLANNING COMMISSION REPORT. Chairman Brion Terry reported on the Planning Commission meeting held November 1, 2017. Steve’s Steakhouse building was approved and they recommended that the Council consider consent to waiver of special improvement for the sidewalk along the east side of the property. The New Life Recovery rehabilitation center is looking to use some rooms at the south end of the Knights Inn and utilize 8 rooms there for the same purpose until the rooms at the old Topsfield Lodge are ready for use. The Planning Commission was not really in favor of this so they did not make a motion, but there is really no motion to be made because the City Attorney had given them an opinion stating that this could be done if they chose to do it.
They also talked about vacation rentals (VRBO) and they are recommending that the Council consider making changes to the bed and breakfast ordinance that is currently on the books. Those recommendations would include: all parking being off-street including ATV trailers. No signage would be allowed, but a clear address sign on the home was suggested. A business license would be required and not trailer or accessory garage could be used as a guest room.
Councilmember Burrows wondered why we would not allow ATV trailers to be parked on the street when everyone else parks them out there. Mr. Terry stated that this could be required because they are trying to run a business in a residential area and that is the purpose of the conditional use permit.
Councilmember Nielson wondered how we would enforce people not staying in trailer houses as an extra room. Mr. Terry stated that enforcement was a huge concern with other cities.
Councilmember Burrows stated that he could not allowing ATV trailers to be parked across or parked in front of the next house down, but to park in front of the house they are renting to him kills the whole possibility.
Councilmember Barnett thought that we need to consider just how many homes would really participate in this. Where they have to have a business license and annual fire inspections we would have a clear idea as to which homes are participating in this type of business.
Councilmember Nielson wondered if this could become a burden for enforcement. Mr. Terry explained that the conditional use permit would be the enforcement tool.
Mr. Terry also told the Council that 3 commission members’ terms are expiring. Two of them will not be coming back.
8. PLAT FOR STREET DEDICATIONS IN THE R&R SUBDIVISION AND WAIVER FOR SPECIAL IMPROVEMENT APPROVED. When this subdivision was originally approved, the road was not dedicated to the City. The plat before the Council is for the dedication of roads and to readjust the lot lines. The Planning Commission had recommended that the Council consider a waiver for the sidewalk along College Avenue and Lot 1 because the sidewalk will not continue anywhere with other developments because of the configuration of the property. Motion: Approve plat for street dedications in the R&R Subdivision and grant a waiver of improvements for Lot 1 along College Avenue, Action: Approved, Moved by Richard Barnett, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
9. HANGER AGREEMENT WITH WEST PENN AVIATION APPROVED. Adam Robinson asked the Council to consider giving this client a 25-year lease with a 10 year review for Lot 22 at the Richfield Municipal Airport and a 10-year renewal option instead of a 10-year lease. Mr. Robinson explained that the 10-year lease was put in place so that rates could be reviewed at that time. He suggested that we have the City Attorney draft language that would allow us to give them a 25-year lease, but still review the rates in 10 year. Motion: Approve a lease with West Pen Aviation for a 25-year lease condition upon the City Attorney’s approval, Action: Approved, Moved by Bryan Burrows, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
10. CANVASS OF THE NOVEMBER 7, 2017 MUNICIPAL GENERAL ELECTION APPROVED. The Council reviewed the information for the November 7, 2017 election. The report from the County noted that there were thirty ballots received but NOT counted. Eighteen were not signed, and the other twelve had signatures that did not match what was on file. All of these voters were notified either by letter or with a phone call and asked to complete new affidavits. There were 16 provisional ballots received. Six were counted. The other Ten were not counted because the registration form was incomplete. The votes ballots cast were 1548 of the 3,032 registered voters. The total votes were as follows: David Charles Ogden 1,061 votes; Michael Turner 481 votes; Connie B. Nielson 1,083; and Bryan L. Burrows 1,102. Motion: Accept the Canvass of Election for the 2017 Municipal General Election, Action: Approved, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
11. 500 EAST WATER LINE PROJECT APPROVED. The cost for materials was approximately $42,000. The cost to run the pipe through the canal was estimated to cost $10,966.92. Mr. Creamer stated that we are doing the work on this project and we will be recouping the costs for this line once development takes place. Councilmember Burrows asked if we could do a $60,000 project. Mr. Langston state that there would be money in the water fund to do this project. Councilmember Burrows wanted to be sure that we have a payback agreement for this project.
Mayor Ogden wanted to point out the benefit of having this line installed. He stated that if we have a water line break below the hospital, it could potentially leave the hospital without water as well as the businesses to the north of the hospital. This is a safety issue and we know important it is to have lines looped for fire protection. Motion: Approve the 500 East water line project based on the bids from A&D Jensen and Petersons, Action: Approved, Moved by Bryan Burrows, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
12. LEASE PURCHASE EQUIPMENT AGREEMENT WITH ZIONS BANK APPROVED. The agreement, which is a 5-year lease, will allow us to purchase a vacuum excavator machine. The first $18,000 payment will be due in one year from now and we will own it at the end of the lease. Mr. Creamer felt that it will really help efficiencies and result in a lot less problems with digging into other utility lines. The City Attorney has reviewed the lease and signed off on it. Motion: Approve a least purchase agreement with Zion’s Bank for the purchase of a vacuum excavator machine, Action: Approve, Moved by Richard Barnett, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
13. AIRPORT EXPANSION PROJECT DISCUSSED. Mr. Creamer updated the Council on the progress of the airport expansion project. He stated that there are still some few items needing to be completed. The fencing to secure the airport on the east and west sides. We have a parking lot and a new building, but there is a stretch between the two so we are proposing to install a concrete driveway that will serve as a walkway, a driveway and a handicap ramp. The estimated cost is $103,000. The FFA pays 90% of our projects and the State and City split the remaining cost. So the City’s cost would be approximately $5,000.
We currently do not have any money coming to our airport right now, but FAA would allow us to borrow from another airport. We do need confirmation from FAA that they would allow us to do this and pay us back when the money becomes available. We could front the $103,000 if we would get reimbursed for 94% from FAA and the State.
Mr. Creamer would like approval once it is confirmed by FAA that we could get the bid out and then it would come back to the Council to approve and award the bid. Motion: Approve the expense of $103,000 to complete the fencing and driveway at the airport once approval of funding is given by FAA, Action: Approve, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
14. POLICE DEPARTMENT REPORT. Chief Lloyd gave a police department report to the Council. He stated that we have been busier this year than any other year. Tonight, they surpassed last year’s entire case load which was 4114 and right now we are at 4118. Chief Lloyd noted that this is exceptionally odd because usually the years are really close to one another; with a couple of weeks and that has been the norm for about the last 10 years. The County, Salina City, Highway Patrol, etc., have also had a busy year. The change to the drugs laws has really affected us and he thinks this will only get worse. So far this year, they have had 999 arrests. Last year they had 705 arrests. Each arrest takes at least 2 to 3 hours in paper work.
We have been really short-handed this year. We had an officer out since January with hip surgery. Two officers were for National Guard, one the first part of the year until May and another one for 6 weeks. Two officers were out all summer, one with a broken ankle and another one had knee surgery. Another officer had a perforated bowel, but he is back now. We are down one patrol officer now because Mike Thomas retired. We can cover with the officers we have, if we have a full crew.
The police department is still under budget. We have had a lot of overtime, but nearly half of the overtime will be reimbursed back to the City through grants for DUI shifts, seatbelt shifts, and the alcohol money that we get from beer sales. He has tried to utilize these grants in a way that would benefit us. When we are shorthanded, he will have a DUI shift that someone works and that gives us an extra guy out working to help cover. He has not replaced a detective yet, which has helped the budget. Chief Lloyd has been working the cases and has covered shifts and took calls during the summer when we were really shorthanded to try and help mitigate the overtime.
We were just awarded a $6,000 distracted driver grant that will be used like the DUI shifts. He explained that every quarter the State uses impound funds to go out and enforce DUIs. Generally we have gotten between 5 to 10 shifts a quarter and they reimburse the wage of the officer at the time for 5 hours. We have increased this the past quarter. We asked for 15 shifts and they gave us 30 shifts, but he told them that he did not know if we could cover 30 shifts. Tonight, however, we are at 27 DUI shifts and we still have all of December.
When Chief Lloyd took over, they sat down as a department and he offered everyone a clean slate. He thought this has worked so far. During this meeting, the stated that they wanted to out and get DUIs because they felt this was one way they could they were making a difference. Sergeant Scott Hatch set a goal of 100 for the year, which Chief Lloyd thought was above and beyond because the most we have ever had to date was 49. Right now, they have had 121 DUIs.
Councilmember Barnett was curious about the increase in the number of DUIs and what had changed. Chief Lloyd felt that this was created by what he called the perfect storm; a new boss coming in, the step/grade program that went into effect and helped morale, and the other reason is because drugs laws have changed from meth being a felony to a misdemeanor. Councilmember Barnett asked how many of the 121 DUIs were drug related. Chief Lloyd stated that 102 of the DUIs were drugs and 18 were alcohol. Of the 102, 67 were cases involving methamphetamine. The drug task force has a hard time getting people to give them information. They used to go to prison and now they just get 10 days in jail, so they do not give up their sources. They can actually make money by going to jail.
The Council asked if Chief Lloyd was going to replace Officer Thomas. Chief Lloyd stated that he cannot hire anyone because it is hard to find qualified people who will come to work for $16 an hour. If he hires someone that is not certified, he cannot get them in the police academy until June 18. He has gone ahead and reserved two spots for June 18, but that means he will not have anyone to work until October. This is due to the fact that the Highway Patrol is hiring for the Rio Grande project. The Highway Patrol has a recruiter that is going to the local departments and stealing officers because they have the money to do it and we cannot compete.
Chief Lloyd does not know how to keep officers here. They prison just raised their hiring wage to $18.81 per hour and after two years they get a $2 an hour increase. The County is telling their officers that they will be getting a $2 an hour increase. He has tried to give his officers the time off that they request if at all possible. This is something the City is known for and it is really all he can offer.
15. OTHER BUSINESS. Councilmember Burrows stated that there is a piece of sidewalk in front of the City office that needs to be replaced. Mr. Creamer stated that it is on our list to be fixed.
Councilmember Burrows asked about the silhouettes that are on the Centennial Park. Mayor Ogden stated that it cost $4,200. The Hwy 89 is going to pay for half of it and the County said they would pay some so it is not going to cost us a lot. They make a statement to the traveling public that we have a connection to historic trails. The Old Spanish Trail is a national historic trial that came through our valley 1829-1848. We are in Utah Trail country and Mayor Ogden thinks it will be a great addition to our park.
Mr. Creamer reported that the City hosted a Veterans’ Day program and there were probably 300 students and 100 adults. The kids sang and the High School Jazz Band played.
Mr. Creamer updated the Council on the well project. He stated that the well drillers are having problems because there is still too much sand coming in. They are committed to fixing this and providing us with a well that produces 1,000 gallon of water per minute.
16. EXECUTIVE SESSION. At 9:25 p.m., Motion: Adjourn regular session and convene an executive session to discuss the character, professional competence, or physical or mental health of an individual(s), Action: Approved, Moved by Connie Nielson, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen. Discuss
17. RECONVENE & ADJOURN. At 10:16 p.m., Motion: Reconvene and Adjourn, Action: Adjourned, Moved by Bryan Burrows, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 3). Yea: Bryan Burrows, Richard Barnett, Connie Nielson. Excused: Kevin Arrington, Kathy Christensen.
PASSED and APPROVED this 9 day of January, 2018.