THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD
At the City Council
In and For Said City
Minutes of the Richfield City Council meeting held on Tuesday, August 11, 2020
at 4:30 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. PUBLIC HEARING – NOISE ORDINANCE
5. FARMERS MARKET
6. FIIZ DRINKS
7. COMMUNITY REINVESTMENT AGENCY
8. ORDINANCE 2020-9
9. ORDINANCE 2020-10
10. AIRPORT LEASE AGREEMENT APPROVED
11. SEWER LIFT SYSTEM BID TABLED
12. CAPITAL PROJECT LIST
13. JOINT HIGHWAY FUNDING DISCUSSED
14. OPERATING HOURS FOR PARKS DISCUSSED
15. FIELD USAGE AND RENTAL AGREEMENT
16. PURCHASE OF DUMP TRUCK APPROVED
17. CASH RECIEPTING & DEPOSIT POLICY APPROVED
18. FINANCIAL STATEMENT 2020 REVIEWED
19. RESOLUTION FOR STATE TREASURER
20. OTHER BUSINESS
21. MEETING & ADJOURNED
1. OPENING REMARKS were offered by Tyson Hansen.
2. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.
3. ROLL CALL. Present: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Mayor David Ogden (Not voting), Michele Jolley (Not voting), Tyson Hansen (Not voting).
4. PUBLIC HEARING. Chief Lloyd explained that the proposed amendment to the noise ordinance would include street/parking lot sweeping and snow removal as exempt. He has had some complaints that were not warranted and we already have a provision for the garbage trucks, and he felt that these guys do their work when the parking lots are not in use. Mayor Ogden opened the hearing at 7:01 p.m. The hearing closed at 7:06 p.m.
5. FARMER’S MARKET. Paula Warner discussed an amendment to the City’s policy to allow farmer’s markets in the City Park. She managed a farmer’s market at Wild Land Gardens for 3 years. By having the market here in Richfield, it would generate more business. They did it as a whole event, had live music and hand-made items. Councilmember Nielson attended one and it was very successful, but she is concerned that there was no social distancing and no masks. Another thing that she’s concerned about is she’s had a restaurant and a fast-food business who are concerned because they have to pay for fees while others do not have to and get to have those benefits. Another thing that she brought up was who would clean up after the farmer’s market.
Councilmember Nielson wondered if they would be paying enough in fees to cover the City’s cost. It is a well-used park and there was a concern about whether or not it would take the use away from City’s residents. Ms. Warner stated that each business is responsible to collect and pay sales tax to the State. She indicated that she was wanting to reach out and have more sellers come and participate, so it would be more of an opportunity for everyone.
Councilmember Nielson was still concerned and wanted to wait until we have something in place.
Mayor Ogden thinks this would be a good idea and has no problem with having it in City Park.
Ms. Warner stated that they do not make a profit. The fees are paid to go toward advertising. Each business can make a profit and that is her goal. She said that she could have applications and agreements that the vendors have to adhere to, which could include that they have a liability policy. A lot of times from these types of vendors, it can be tied to the homeowner’s insurance policy or she could require a special event policy, which is affordable. It is not where just anybody can come anytime and set up. She has specific set-up time, operating hours, tear-down time which includes cleanup. She would be very strict about them cleaning up after themselves or they cannot come back.
As for the other businesses in the area, one thing they did very well and successfully was to include the other businesses where they can come and have a booth or they can participate in ways of sponsorship where they can donate things for raffle prizes and it just makes it a lot of fun. She does not want to take business away from anybody. She felt that if it got to be a regular thing on a Monday night, people would come from out of the area which would then include shopping on Main Street in some of the other stores and it might be something where other businesses might consider staying open a little later because they would get business from it.
Councilmember Hansen noted that he has always been a fan of farmer’s markets, but they have mostly been on private property. As for having in the park, he does not think that we would be setting a big precedence on having a commercial venture there. We have personal vendors in the park, so it is not like we have not done anything like that there. He asked Ms. Warner if she was looking at having this there just because there is something already something there that the farmer’s market could kind of hitchhike on to the food truck thing or if she was thinking about potentially having a farmer’s market at that location when the food trucks are not involved.
Ms. Warner felt that they complement each other as far as she is concerned and they kind of go hand in hand. She has done a farmer’s market where they did not have food trucks involved, so she knows it can be done.
Councilmember Hansen noted that traditionally farmer’s markets are held on Saturday morning.
Councilmember Nielson is not against this, she thinks that it sounds fun, but she wants to be sure that we protect the businesses that we have in town that pay rent and taxes. She does not see why anyone would want to go into business and then be harmed in some way by this. She thinks we need to give those people credit for holding a business together and sticking with us throughout the year. She would like to set up some regulations and figure out how we are going to charge for this. We do not want to have yard sales in the park. Councilmember Nielson would like to have a work meeting and figure out what restrictions they should have and do that as quickly as possible.
Councilmember Nielson suggested that we set some temporary guidelines.
Councilmember Burrows was certain that we had done this before so he thinks it would great. He does not have a problem with it. He felt that if the Council sets a policy, Ms. Warner would be in charge so she would police it.
Councilmember Hansen loves farmer’s markets. He cannot recall any that have been held on public property. The other events talked about where we have vendors in the park; they are attached to a public event. They are not a stand-alone which is what he feels is the difference. He is uncomfortable having a farmer’s market in our public park.
Councilmember Burrows felt that allowing them for six weeks would be the best work-study we could have to figure out how it is going to work and what we needed to regulate.
Ms. Warner stated that they could probably find a private property that would allow them to do this, but she does not think that there is a better place than the park. She stated that if they are not able to make this happen, Monroe is ready to let them do it there. One of the reasons she wanted to start it out at Wildland Gardens was to get people there. She is not associated with them anymore, so it only makes sense for Sevier County to have it in Richfield.
Motion: Allow Paula Warner to put a farmer’s market on the City Park for the rest of August and through September to see how it goes.
Councilmember Burrows asked what she was talking about time-wise. Ms. Warner stated that the Food Truck Rally has been scheduled from 5:00 p.m. to 9:00 p.m., but they all sold out so it did not go that late. 5:00 p.m. to 9:00 p.m. is a long time for a market. She would be okay with 5:00 p.m. to 8:00 p.m. and they would need an hour to set up and an hour to tear down. Councilmember Burrows would like to have Ms. Warner come back with some ideas on how it should be handled. Ms. Warner stated that the first thing she would do in addition to working on finding vendors to participate is going to the businesses in town and see how they want to participate.
Motion: Restated the motion to allow Paula Warner to put a farmer’s market on Richfield City Park on Monday evenings for the rest of August until the middle of October without conflicting without other events and that she comes back with information so the Council can decide if we should have an ordinance or not. Councilmember Christensen asked if we are charging for her to use the park. Councilmember Nielson was also wondering that because we are giving up the City Park which is the most used park every Monday. No fee was established. Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion passed (summary: Yea = 4, Nay = 1, Abstain = 0). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen. Nay: Connie Nielson.
6. FIIZ DRINKS. The Council reviewed a plan for a Fiiz Drink building with a drive-up window. This would be located 1200 South 100 West which is the property just north of the car wash that is under construction. Motion: Approve a drive-up window for the business called Fiiz Drinks, Action: Approved, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
7. COMMUNITY REINVESTMENT AGENCY. The Council reviewed an area for a project area for the creation of a Community Reinvestment Agency. Malcolm Nash stated that when an agency is created, a project area is selected, and it is important because it has long-term implications as to how the tax revenues are generated, where they can be used, and how much can be generated. The balancing act is selecting an area where development is likely to take place in the future. You can select a project area and then capture those property tax revenues on a small portion, but you cannot create a project area and then amend it and expand it. We need to pick an area now where there is room for growth and not such a large area that we would not see development there for a long time. The area to the north of I-70 makes sense to include in the project area and some of the property on the south side of I-70.
Mayor Ogden asked Mr. Nash to explain how the City would benefit from this. Mr. Nash stated that it is an economic development tool, so it helps encourage and incentives growth in those areas. It is also a way to finance infrastructure without the City having to come up with the money initially to do it. Mr. Nash stated that the City could always create another project area.
A major issue in this area is the power. Mayor Ogden stated that if the Council agrees, then we need a motion approving the area. Motion: Approve a project area for the Community Reinvestment Agency, Action: Approved, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
8. ORDINANCE 2020-09. The Council reviewed an ordinance rezoning the property identified as parcel 1-24-14 owned by Cary and Sherri Day from manufacturing to rural residential. Consider. Motion: Adopt Ordinance 2020-09 rezoning the property identified as parcel 1-24-14 owned by Cary and Sherri Day from manufacturing (MD) to rural residential (RR-1), Action: Adopted, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
9. ORDINANCE 2020-10. The Council considered an ordinance amending the specifications for accessory buildings in rural residential zones. Mr. Day addressed the Council and explained that he was not ready to build a house, but he would like to build a barn. To him, he believed that the barn is a necessity.
Councilmember Christensen stated that after the last meeting she was thinking about this. Her best friend lives over in Annabella. She built a garage, and then they were going to build a house. She got the garage all done and decided that she did not want to do a house. They are just living in the garage. Councilmember Christensen thought it would be awful if we let barns of garages be built before the house and then they have them not ever build a house.
Mr. Day stated that the neighbor across the street was able to build their barn first and then they built the house. He is going to move here when he retires. He has thousands of dollars put into his property with the fencing and the well.
Councilmember Burrows asked if Mr. Day was going to put plumbing into this barn. Mr. Day stated that he is not. The barn he is building is costing him $85,000.
The recommendation of the Planning Commission was to only allow this in the rural residential zone. The proposed ordinance also makes it clear that the set back for the barn has to be such that a home could be built in front of it.
Councilmember Hansen is not concerned about Mr. Day but felt that we needed to be concerned about the next guy.
The reason why the Planning Commission recommended that it only be allowed in the rural residential zones is because animals like horses, etc., are allowed in these zones, so it would make sense that they should be able to have a barn to accommodate that use.
Motion: Adopt Ordinance 2020-10 allowing the accessory building to be built in rural residential zones before a home is built, Action: Adopted, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
10. AIRPORT GROUND LEESE AGREEMENT. The Council reviewed an Airport Ground Lease Agreement with Will Robinson for space #24 at the Richfield Airport. Motion: Approval of a ground lease for space #24 at the Airport to Will Robinson for the construction of a hanger, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
11. SEWER LIFT SYSTEM BID. Carson DeMille explained that a bid opening was held on the sewer lift station today. There were five plan holders, but only two submitted bids; A & D Jensen at $679,925 and Jackson Excavation at $404,512.50. The engineer's estimate was about $315,000. When the pre-bid was held, one of the contractors brought up a concern about shoring the excavation. We are right at the threshold of shoring requirements, so A&D Jensen included that in their bid, which was over $200,000 just for that item. Jackson Excavation did not. They planned on laying the excavation back.
Mr. DeMille talked to him again about 5:00 p.m. and he still thinks he could do it that way if the Council wanted to proceed that way. However, Mr. DeMille thought that the bid for the building was still high. In comparison, the last building we did, which is larger and has larger pumps cost approximately $450,000 for the whole project including all the equipment. The current project would be close to one million dollars if we were to go with these bids.
Mr. DeMille, the staff, and the pump manufacturer have been brainstorming all afternoon trying to come up with some alternatives that would maybe be suitable for the City to be able to proceed with this because something must get done down there with all of the development coming in.
The building we had planned was very similar to the one that we just did and it has worked really well, so this one was modeled after that one. In looking at what we have there, the current lift station does not work, but the manhole that sits on the property could possibly be used for the wet well. The manhole is not as big as they hoped it would be, but it would still work.
The difference would be that the pumps will kick on more frequently, but it would still give us the capacity to take on the growth that we are expecting. There will be an increase in power because of the pumps will run more frequently.
The building that we have in the plans now will have to be reworked so that it will sit on top of that manhole.
Councilmember Gleave wondered if this is something that we should be thinking let’s do it right the first time while we are doing it. Mr. DeMille stated that the proposal that we put out is the best package. Mr. Mogan stated that if we go this route, we would be looking at buying some additional property out there and relocating the whole building. Mr. DeMille stated that it would be well over a million dollars to do it this way. We will be re-bidding the project.
Motion: Table the award of the bid for the sewer lift system, Action: Tabled, Moved by Bryan Burrows, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
12. CAPITAL PROJECT LIST. The Council reviewed an amended Capital Project list to include the reconstruction and repair of the sewer lagoons on the short-term list. Motion: Amend the City's capital project list to include the sewer lagoons, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
13. JOINT HIGHWAY FUNDING DISCUSSED. Micklane Farmer from Jones & DeMille was present to discuss the Joint Highway funding applications that are going to open up in October. The streets that would qualify for use of those funds are Center Street east of Main Street; 500 North from 400 West to College Avenue; and 400 West. The funding is three years out.
Councilmember Christensen wondered about doing Center Street. Mr. Mogan stated that we would not be able to do as much because we would have to do curb, gutter, sidewalk, sewer, water and the ditch will have to be piped. We would probably only be able to do 3 blocks of Center Street.
Mr. Farmer stated that the funding application is based on a judgment call and if it is a reconstruct we would be more likely to get funded than if it is a mill and fill or a preservation project.
Councilmember Christensen would like to see Center Street done.
Mayor Ogden asked if a decision needed to be made tonight. Mr. Farmer stated that the applications open on October 1, so we have until then to decide. Mr. Farmer is more than willing to put the application together for us. This was just for discussion and will be thought about and discussed again.
He also indicated that another option is to have it switched to State funds. That way we could piggyback on it and make it a bigger project if you have other funds.
14. OPERATING HOURS FOR PARKS DISCUSSED. Chief Lloyd addressed the Council and explained that they have had a lot of issues at the Lion’s Park with vandalism going on at all hours of the night. operating hours for the parks and making the violation an infraction. Chief Lloyd brings up all the vandalism that has been going on at the parks. Councilmember Hansen brought up having the parks being closed at midnight so if anyone is there past then they would want the police officers to remind the kids to go home. A public hearing will be set to discuss an ordinance setting a curfew and the parks.
15. FIELD USAGE AND RENTAL AGREEMENT APPROVED. Sherri Christensen stated that there were some minor changes to the policy since the Council last reviewed it. The wording on the Facilities Reservation Policy and License Agreement changed to say, “Other policies include, but are too limited…” This is where it states that no alcoholic beverages are allowed within City facilities as well as tobacco and vaping products. This wording comes from the City’s Player Code of Conduct. Chief Lloyd stated that it is a State Law.
Ms. Christensen has not found a recreation department in the country that does not have a “no alcohol” at the ballgames or no tobacco policy. She indicated that we do have minors participating in our adult programs, so alcohol and tobacco would not be permitted.
If we do a usage, she would see that being similar to what the Council did with the farmer’s market and if we are not going to charge them a fee, they still need to sign the agreement to use our facilities. The rental would be for other entities to bring in tournaments that we are not sponsoring. Ms. Christensen stated that if know that they are there and they know that we know, then they are better users of the facilities.
Councilmember Christensen wondered if we ought to do what they do at the Fairgrounds and require a deposit and then if the restrooms are horrible of there is stuff all over, then they don’t get their deposit back. Ms. Christensen stated that we have this on the field usage agreement. The difference between the usage and the rental is that we would charge on the rental $50 per day per field and $25 for a 2-hour block.
Councilmember Burrows felt that the bigger issue was just knowing what is going on with scheduling. Ms. Christensen stated that it is coming down to knowing who is in charge. She further stated that if someone is coming into town and bringing a tournament, then they need to be responsible to Richfield City for doing what they are doing. They have to provide us with their insurance.
Mayor Ogden does think that it is important to have this agreement. He does not want it perceived that we do not want people to use our fields. Councilmember Nielson noted that we need to be aware of who is at the parks for organization and maintenance purposes. These usage agreements are more for those organized activities who have got to show some liability.
Councilmember Hansen would like to see this available online in the future.
Brett Butler stated that twice this year, there have been events scheduled. He has gone and prepared the fields and got everything ready and then they did not show up.
Councilmember Nielson thought that this is something that we need to put into effect, but she would like to have a work session where we talk about the parks and our regulations. It is our due diligence to take care of the parks and have some kind of control over them for the safety of our community. For example, we have listened to what the State has done for the COVID, but we have never talked about our take on it. Ms. Christensen stated that we had to do follow the guidelines. Councilmember Nielson that we need to talk about our regulations and how we are going to handle growth in the future.
Motion: Approve a Field Usage Agreement and a Field Rental Agreement, Action: Approve, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
16. PURCHASE OF DUMP TRUCK APPROVED. The dump truck that we have now is not serviceable. This was budgeted for the last fiscal year. Mr. Hansen explained that we wanted to wait and see what was going to happen with our budget and the sales tax revenue. The sales tax is up 8% over last year and the highways, transportation, and recreation taxes are all up. The cost will be around $82,400.
Motion: Approve the purchase of a dump truck for $82,400, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
17. CASH RECEIPTING& DEPOSIT POLICY. The Council discussed a cash receipting and deposit policy. Mr. Hansen stated that this is part of a fraud risk assessment that the State Auditor came out with. They want us to score ourselves on our risk of fraud within the City. This policy is one that we do not currently have in written form and it should be.
Motion: Approve Cash Receipting and Deposit Policy, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
18. FINANCIAL STATEMENT 2020 REVIEWED. The Council reviewed the City's financial statement for the second quarter of 2020. Mr. Hansen noted that revenue is up and over 100% in a lot of areas over last fiscal year. He explained that our capital projects were overspent and maybe a finding in our audit. Budgeting more is brought up but it still looks good. the sales tax looks good so the outlook looks positive.
19. RESOLUTION FOR STATE TREASURER. The Council reviewed a resolution for the State Treasurer. Motion: Approve resolution with State Treasurer to give access for Richfield City affairs to Marlee Hansen, Treasurer; Tyson Hansen, Finance Director; and Michele Jolley, City Manager, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
20. OTHER BUSINESS. Councilmember Nielson explained that there is a new director for Miss Richfield. Brooke Burrows Hales has been the director for the past couple of years and she has done a fantastic job. The new director will be Melissa Udy. The 2019 Miss Richfield did get extra money for her scholarship since we did not have a pageant and she helped us out this year. We did not give out scholarships this year, but Councilmember Nielson had asked for an increase to Macey Madsen’s scholarship since she did help with the Fourth of July, 24th of July, and the County Fair.
Councilmember Burrows stated that we are having some issues with the canal bank just south of 530 South. It is eroding and undermining College Avenue. Mark Jensen, who cleans the canal, stated that one of the biggest problems is that the tunnel that runs under the freeway needs to be cleaned out. Right now, the water is all going through one, which is increasing the velocity. Carson DeMille stated that it might be possible to riprap it. That would probably cost $50,000 to $60,000 if it would work.
Councilmember Burrows indicated that he would like to take the money from the recent property sale and pay off the sales tax revenue bond loan. Mr. Hansen explained that we have visited with Marcus Keller from Zions Public Finance and mentioned this and he cautioned us on paying it off because of the interest rate that is on it is 1.94%, which is really cheap interest. He said that cash is king and with the way things are, he would recommend that we keep our cash. Councilmember Burrows stated that we would still have to take a good chunk of that money to put the road in at the business park.
Councilmember Hansen asked about the CARES act money and if we got all of the applications in that we needed to. It is really restrictive because it has to be used to fund things directly related to the COVID pandemic. It will have to be spent by the end of the year.
21. MEETING ADJOURNED. At 10:00 p.m., Motion: Adjourn, Action: Adjourned, Moved by Kathy Christensen, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson.
22. PASSED and APPROVED this 13 day of October 2020.