01.11.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
January 11, 2022

Minutes of the Richfield City Council meeting held on Tuesday, January 11, 2022,
at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor Bryan Burrows presiding.

  1. OPENING REMARKS
  2. PLEDGE OF ALLEGIANCE
  3. MOMENT OF SILENCE
  4. ROLL CALL
  5. APPOINTMENTS
  6. MINUTES
  7. EXPENDITURES
  8. PLANNING COMMISSION REPORT
  9. SERVICE AGREEMENT WITH RON CLEGG APPROVED
  10. ORDINANCE 2022-1 ADOPTED
  11. ORDINANCE 2022-2 ADOPTED
  12. ORDINANCE 2022-3 ADOPTED
  13. ORDINANCE 2022-4 ADOPTED
  14. ORDINANCE 2022-5 ADOPTED
  15. REQUEST TO SWITCH FUNDING FOR 500 NORTH TO STATE FUNDS APPROVED
  16. RESOLUTION 2022-1 ADOPTED
  17. RESOLUTION 2022-2 ADOPTED
  18. APPLICATION FOR A FIG GRANTS APPROVED
  19. OTHER BUSINESS
  20. MEETING ADJOURNED
  21. OPENING REMARKS were offered by Councilmember Hansen.
  22. PLEDGE OF ALLEGIANCE was led by Councilmember Thompson.
  23. MOMENT OF SILENCE. Mayor Burrows requested a moment of silence in honor of Councilmember Christensen, who passed away over the weekend.
  24. ROLL CALL. Present: Mayor Burrows, Todd Gleave, Kip Hansen, Elaine Street, Tanner Thompson, Michele Jolley, Tyson Hansen. Absent: Kathy Christensen.
  25. APPOINTMENTS. Mayor Burrows recommended that we reappoint Kendrick Thomas and Blaine Breinholt to the Planning Commission. Motion: Reappoint Kendrick Thomas and Blaine Breinholt to the Planning Commission, Action: Approved, Moved by Todd Gleave, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

Mayor Burrows recommended that we reappoint City Officials Police Chief Trent Lloyd, City Administrator/Recorder Michele Jolley, Finance Director Tyson Hansen, and City Treasurer Marlee Christiansen. Motion: reappoint City Officials Police Chief Trent Lloyd, City Administrator/Recorder Michele Jolley, Finance Director Tyson Hansen, and City Treasurer Marlee Christiansen, Action: Approved, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

Mayor Burrows recommended that Councilmember Street serve on the Library Board Motion: Appoint Councilmember Street to the Library Board, Action: Approved, Moved by Todd Gleave, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

Mayor Burrows also recommended that the Council approve Councilmember Gleave as Mayor Pro-tem. Motion: Appoint Councilmember Gleave as Mayor Pro-tem, Action: Approved, Moved by Tanner Thompson, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on December 14, 2021. Motion: Approve the minutes of the meeting held on December 14, 2021, Action: Approved, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. EXPENDITURES APPROVED. The Council reviewed the December 2021 Warrant Register. Motion: Approve the warrants for December 2021, Action: Approved, Moved by Todd Gleave, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  3. PLANNING COMMISSION REPORT. Greg Bean reported on the Planning Commission meeting held on January 5, 2022. They held a public hearing for the rezoning of property located at 2100 South 1600 West from R1-10 to RM-24. A public hearing was held to consider allowing tattoo shops in the downtown zone. Another public hearing was held on a proposed change concerning short-term rentals and a public hearing on a proposed change to metal buildings.

The Planning Commission approved 3 conditional use permits for Air BnBs. Donavon Allen discussed the use of a building at 165 North Main to conduct a health and wellness spa. He will have gym equipment, tanning beds, etc. in there and clients could use the facility 24 hours a day. They reviewed his plan and suggested he would need a conditional use if he plans to move forward with this business.

The Planning Commission discussed the request to rezone the property located at approximately 2100 South and 1600 West. The Planning Commission determined to recommend that the property be rezoned to RM-11 instead of RM-24 because the project being proposed development would easily fit within the requirements of the RM-11 zones. They are wanting to limit the RM-24 developments.

Michael Hayes requested that he be able to conduct a tattoo shop in the downtown zone. They are recommending that the zoning code be amended to permit tattoo shops as a conditional use in the downtown zone.

They have identified some amendments to the zoning code regulating short-term rentals and are recommending that the Council consider making these amendments.

They also reviewed requirements for metal buildings and are recommending that the zoning code be amended to include these amendments. The changes include establishing guidelines for the appearance of metal buildings in the commercial zones along the main thoroughfares of town. Some of those thoroughfares include 300 North, east to the City limits, the connector road out to the freeway on the south end of town. The corridors include 500 feet on either side of the street. They have tried to identify certain materials such as masonry, but stone would be preferred and they want to discourage the use of corrugated metal.

The text in their draft also promotes a variety of materials and appearance and other text that also permits contiguity with the surrounding facades. We used to have a percentage requirement for any material other than a metal façade and they have done away with that and suggested others to be implemented. If people want to use a discouraged material it could still be approved on a case-by-case basis once the developer has provided a 3-D rendering of the façade they propose which will allow the development review committee to make an in-depth review of it.

Councilmember Thompson asked if this change would make it easier for people to develop. In some cases, it may, but we will have to see.

Councilmember Thompson asked about why the Planning Commission is considering discouraging RM-24 developments. Mr. Bean stated that it is supposed to help manage a saturation of units in certain areas of town which he felt would unduly impact those areas. He would like to see the RM-24 units limited to 25% of the existing dwelling units in the City.

Councilmember Thompson wondered If we approve a project and after 10 years it does not develop could we take the approval back and give it to another developer. Mr. Bean stated that if we have an ordinance we are considering we can make that part of the notifications for your meetings and advertise publicly that we have such an ordinance under consideration and the effects may be made retroactive. If we do not do this, then we have no recourse.

Mayor Burrows stated that he has been a little concerned because we have given these approvals and nothing happens. Sometimes he feels like people are just getting every option on their property to be able to see what sticks.

Councilmember Thompson wondered if we could build into our ordinance language that the zoning is approved, assuming it is built within 5 years. Mr. Bean stated that the Planning Commission is wrestling over the time frame right now, as well as some other provisions.

  1. SERVICE AGREEMENT WITH RON CLEGG & RESOLUTION 2022-3 APPROVED. Brady Edwards indicated that he has been working with Ron Clegg Consulting, who has been helping us with the LWCF fund. We are at the point now that he is requiring a contract for his services to take us through the process of phase I. In that packet, phase I consists of $6,350 to get us to that point. There will be a phase II, if we make it through phase I, which we have an extremely high probability of doing. Last year there was approximately 2 million dollars of this grant that was not even applied for. Mr. Clegg gives us above a 90% chance of getting this particular grant.

Mr. Edwards noted that we have a couple of options. We could hire Mr. Clegg to take us through this process and that would allow us to hopefully access more funds. If we choose not to do this and not to go for these funds and try to build the park with existing funds that we have available, we would be stretched pretty thin and will make it difficult to get everything in there that the Council has previously approved.

We need to decide if we want to apply for the grant, and if we do, then we need to hire Mr. Clegg to help us through the process.

Councilmember Thompson asked if we apply for the grant does that mean that we cannot start on the park for a while? Mr. Edwards stated that anything we do before the grant process cannot be included in the grant. We have already purchased the playground equipment, so we cannot include this in the grant. Anything that we put in the grant has to be separate from what we start now.

Mayor Burrows asked what the time frame is for getting the grant. Mr. Edwards stated that it would not fund until the spring of next year, so we would be another year out on the grant. We are proposing to start with what we have, the playground equipment, and whatever else the Council wants to utilize the funds for.

Motion: Approve the service agreement with Ron Clegg to facilitate the grant application to LWCF for construction of the new park, Action: Approved, Moved by Tanner Thompson, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

Motion: Consider adopting Resolution 2022-3 supporting the development of a new City Park, Action: Approved, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. ORDINANCE 2022-1 ADOPTED. The Council reviewed an ordinance to amend Table 31-1 of the Land Use Ordinance defining Reception Hall, Reception Center (converted). Councilmember Street noted an error in the text of the Ordinance. Councilmember Hansen stated that this has narrow parameters stating that former houses of worship can be re-purposed.

Motion: Approve Ordinance 2022-1 amending Table 31-1 of the Land Use Ordinance defining Reception Hall, Reception Center (converted) with the noted change to the text, Action: Approved, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. ORDINANCE 2022-2 ADOPTED. The Council reviewed an ordinance to rezone the property owned by RM24, LLC and located at approximately 1200 South 350 West (parcel number 1-7A-23) to RM-24, a high-density, multi-family residential zone. Mayor Burrows explained that this is property adjacent to the property the City has already rezoned as RM-24. They are adding this to the project specifically for a student housing project. Motion: Adopt Ordinance 2022-2 rezoning the property owned by RM-24, LLC to high-density multi-family residential, Action: Approved, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. ORDINANCE 2022-3 ADOPTED. The Council reviewed an ordinance to rezone the property located at approximately 1180 South Cove View Road as RM-11, a multi-family housing zone. Mayor Burrows stated that there are some building code issues that the property owner will have to address. He stated that this is something we are going to have to address because several motels have opted to do this despite violations of the building code. There are some options out there and we are willing to work with them as long as they bring their properties into compliance. Councilmember Hansen felt that this is a 2-step process. With approving a zone change, he does not know what conditions we could put on an existing property that this there. He thought that it would be a development agreement issue to ensure the property would comply with the regulations with the proper zone.

Councilmember Gleave stated that cannot just be turned loose to start renting apartments, they would have to meet the criteria.

Councilmember Hansen stated that a zone change does nothing to change the issues we are dealing with other than it allows that use in that zone.

Councilmember Thompson wondered if this would put us over that 25% threshold that the Planning Commission is looking at. Councilmember Gleave stated that the 25% restriction was for the high-density RM-24 and this is an RM-11 zone.

Motion: Adopt Ordinance 2022-3 rezoning the property at 1180 South Cove View Road as RM-11 zone, multi-family housing zone, Action: Approved, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. ORDINANCE 2022-4 ADOPTED. The Council reviewed an ordinance to amend parking requirements for multi-family residential zones and student housing projects. It was noted that student housing projects would require .7 parking spaces per bed. The other zones would require so many spaces per unit. Motion: Adopt Ordinance 2022-4 amending parking requirements for multi-family housing zones and student housing projects, Action: Approved, Moved by Todd Gleave, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. ORDINANCE 2022-5 ADOPTED. The Council reviewed an ordinance to amend the Transportation Plan of the General Plan designating 100 West south of 1500 South as a minor collector. Mayor Burrows stated that this is the road in front of Jones & DeMille and the new Smith Apartments. It would reduce the width of the road from 66 feet to 60 feet. Motion: Adopt Ordinance 2022-5 amending the Transportation Plan of the General Plan designating 100 West sough of 1500 South as a minor collector, Action: Approved, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  3. REQUEST TO SWITCH FUNDING FOR 500 NORTH TO STATE FUNDS APPROVED. Micklane Farmer discussed a possible change to the funding for the 500 North Street project. This application was funded and that money will become available in July of this year possibly if we go with the route being discussed tonight. He explained that UDOT would allow us to switch these funds to State funds, which would mean that we would not have to go through the federal process. They allow this so that we do not have to go through the Federal process because it costs a lot more money. Davis Bacon wages come into play when you do a Federal project. Right now, UDOT has a lot of money in their pool and they are allowing cities and towns to switch their funds over to the State.

If the project were kept Federal, the estimated cost is 1.506 million dollars. Switching it to State funds, the estimated cost would be 1.274 million dollars. That is a difference of about $231,000. Mr. Farmer stated that these are just shooting from the hip, but we could save $80,000 on engineering, construction without Davis Bacon wages could save $100,000. This is just an option. With the Federal funds, we would not get the money until October, so it would not be advertised until April. Getting these projects out for bid in the past has been difficult with the Federal process where we would have a lot more control when the project is bid with the State funds.

Mayor Burrows asked when this project would be ready to bid. Mr. Farmer stated that it would probably be ready to bid in February next year. They cannot start designing the project until the agreement with UDOT is in place.

If the City decides to go this route, we would submit a letter to UDOT requesting to switch the Federal funds over to State funds. They should have the money available to do this, so we would just need to hear back from them. Motion: Approve switching the Federal funds to State DOT funds for the 500 North project, Action: Approved, Moved by Kip Hansen, Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. RESOLUTION 2022-1 ADOPTED. The Council reviewed a resolution setting fees charged by the City for the upcoming year. Motion: Approve Resolution 2022-1 setting fees charged by the City for the upcoming year, Action: Approved, Moved by Tanner Thompson, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. RESOLUTION 2022-2 ADOPTED. The Council reviewed a resolution establishing civil rights policies required for projects receiving funding through Federal programs. Motion: Adopt Resolution 2022-2 establishing civil rights policies, Action: Approve, Moved by Todd Gleave, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  3. APPLICATIONS FOR FIG GRANTS APPROVED. Councilmember Gleave explained that last year we applied for and received 2 FIG grants for promoting Richfield on “At Your Leisure” and mapping some of the trails on their website. These applications would apply for those funds again for this year for the same purposes. The larger grant is for 3 spots on the TV program where they come and film rides and put it on the “At Your Leisure” program. The other grant is to include 3 more trails on their website. If we decide to do this, we need to choose 3 trails that we want to showcase.

Councilmember Hansen asked Councilmember Gleave what trails he had in mind. Councilmember Gleave stated that we want all of the trails to come out of Richfield for obvious reasons. He wondered about the trail from Richfield to Fillmore, Thompson Basin, or maybe Richfield to Fremont Indian State Park.

Councilmember Thompson wondered about the ride that goes up above Scipio Lake. Councilmember Gleave noted that that ride could loop into Aurora and back to Richfield. Councilmember Thompson stated that the ride could also dead-end above Scipio Lake. Councilmember Gleave said he did that ride on the Jamboree last year and it was a great ride.

Councilmember Gleave felt that we need to decide if we want to continue to do this. If the answer is yes, then we need to pinpoint 3 rides.

Councilmember Hansen stated that we are the “heart of trail country” so this would be consistent with our branding.

Mayor Burrows thought that this was very positive for our area and he would like to see us continue to do this.

The Council decided on the 3 trails, one out above Scipio Lake or the Beehive, one to Fremont Indian State Park, and the other one to Thompson Basin.

Motion: Approve the applications for FIG grants to promote Richfield and include 3 additional trails on the mapping, Action: Approved, Moved by Elaine Street, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. OTHER BUSINESS. Mayor Burrows addressed a letter received from the County about a County-wide increase in landfill fees. This really has nothing to do with the City other than we have to pass it on to our residents. He wondered if we are good on our administrative costs for this. Mr. Hansen said that we are fine in the Refuse fund.

Councilmember Gleave stated that he would like to publicly express his respect for Councilmember Christensen. He has known her for a long time and has worked with her in several different organizations. She has become a really good friend of his. She will be missed.

Councilmember Street noted that Councilmember Christensen left some big shoes to fill and there are some things that she did that need to be carried forward.

Councilmember Christensen’s family has asked people to donate money to a tree fund here at the City office instead of sending flowers. The family does not want the money to be spent on taking out trees or topping them, but they would like it to go to the planting of trees, with an emphasis on planting them at the new park.

Councilmember Gleave remembered the City planting a tree in honor of Mike Langston and he wondered about doing something similar for Councilmember Christensen. The Youth City Council is already planning an event for Arbor Day and they are planning to plant and dedicate a tree to Councilmember Christensen. They are planning to hold our Arbor Day celebration in May.

The Council discussed the procedure for filing Councilmember Christensen’s unexpired term. The law requires this to be done within 30 days of the date the vacancy was created. The date, time, and place of the meeting when the vacancy will be filled requires a 2-week notice. The Council discussed whether to do this in a regular meeting or whether to hold a special meeting for this purpose. The Council decided to hold a special meeting on Thursday, January 27, 2022, at 5:30 p.m. Councilmember Hansen suggested that the individual could be sworn in at the next regular meeting.

Mr. Hansen stated that we have a truck that is just sitting in the yard with a utility bed on it. The truck has a lot of miles and it uses a gallon of antifreeze every 2 days, it goes into limp mode and it needs tires. It is not worth putting any money into it. Someone might buy it for the utility bed. He wondered about selling it and then just keeping an eye out for a used truck for about $5,000, $8,000, or $10,000 that would run and not go into limp mode.

Mayor Burrows asked if the parks need anything and maybe trade one of them down and get something a little newer. The parks have a fairly new Ford truck (2015) and a newer Ford Ranger, but it sits most of the year. Mayor Burrows stated that there is no reason to buy a brand-new truck to use just in the summer. He asked Chief Lloyd if they needed any vehicles. He stated that he would get on the agenda to go over stats for the year and discuss vehicles because the cost has gone up significantly. Councilmember Hansen wondered if it would be a good idea to look at the State bid. Mr. Hansen stated that the State bid is not getting them any cheaper. You might save $1,000.

  1. MEETING ADJOURNED. At 8:59 p.m., Motion: Adjourn, Action: Adjourned, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

PASSED and APPROVED this 25th day of January 2022.