02.14.23 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
February 14, 2023

Minutes of the Richfield City Council meeting held on Tuesday, February 14, 2023, at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah, with Mayor Bryan L. Burrows presiding.

  1. OPENING REMARKS
  2. PLEDGE OF ALLEGIANCE
  3. ROLL CALL
  4. APPOINTMENTS
  5. MINUTES
  6. EXPENDITURES
  7. AUDIT REPORT FOR FISCAL YEAR 2022
  8. ANNEXATION RESOLUTION2023-2 ADOPTED
  9. SEWER LINE FOR MOUNTAIN VALLEY VILLAGE DEVELOPMENT DISCUSSED
  10. SEWER LINE FOR UTAH BEEF PRODUCERS WAS DISCUSSED
  11. PLANNING COMMISSION REPORT
  12. CONTRACT FOR THE FLOOD MITIGATION PROJECT APPROVED
  13. PROPOSAL FOR THE SPRING PROJECT APPROVED
  14. 500 NORTH STREET PROJECT DISCUSSED
  15. COMMUNITY PROJECT FUNDING APPLICATIONS
  16. AIRPORT PROJECT DISCUSSED
    1. OTHER BUSINESS
  17. EXECUTIVE SESSION
  18. RECONVENE & ADJOURN
  19. OPENING REMARKS were offered by Councilmember Street.
  20. PLEDGE OF ALLEGIANCE was led by Councilmember Hansen.
  21. ROLL CALL. Present: Mayor Burrows (Not voting), Brayden Gardner, Todd Gleave, Kip Hansen, Elaine Street, Tanner Thompson, Michele Jolley (Not voting), Tyson Hansen (Not voting).
  22. APPOINTMENTS. Mayor Burrows stated that Zach Leavitt had received approval from his employer and is willing to serve on the Planning Commission. Motion: Appoint Zach Leavitt to the Planning Commission, Action: Approved, Moved by Brayden Gardner, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  23. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on January 24, 2023, and made the following changes. Motion: Approve the meeting minutes for January 24, 2023, Action: Approved, Moved by Tanner Thompson, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  24. EXPENDITURES APPROVED. The Council reviewed the January 2023 Warrant Register. Motion: Approve the warrants for January 2023, Action: Approved, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  25. AUDIT REPORT FOR FISCAL YEAR 2022. Rick Roberts and Gabe Miller presented the Audit Report for the fiscal year ending June 30, 2022. Mr. Roberts noted that on Page 3, the Independent Auditors Report showed they had issued a clean opinion of the City’s financial statements. However, they made a lot of tests and inquiries because they were responsible for determining the funds’ stability.

Mr. Miller noted that on Page 14, the statement of net position shows assets, liabilities, long-term debt, etc. Page 29 shows the City’s ending cash and investments, showing how much the City had in demand deposits and escrow accounts at the end of the fiscal year. Debt schedules on pages 48 and 49 of the financial statement were discussed. This is an excellent summary showing governmental and business-type activity schedules. Mr. Miller explained that the City’s net liability went to zero because the investments in 2021 were excellent, so there was no liability for the City if URS went unfunded.

The compliance section on pages 75 and 76 describes what deficiencies could exist in your internal control environment, such as the segregation of duties. The last report is the Independent Auditors Report on internal control over compliance. It is found on pages 77 through 79. The State of Utah’s Auditor’s Office issues that compliance guide every year as required by the State of Utah Auditor’s Guide.

  1. ANNEXATION RESOLUTION 2023-2 ADOPTED. The Council reviewed a resolution to accept an Annexation Petition filed by Mountain States Contractors, Inc., for property located at approximately 1805 North Main. Trevor Gadd discussed the parcels proposed to be annexed. In addition, Mr. Gadd showed where the existing City boundary is and how the property in the proposed annexation is contiguous. Councilmember Hansen noted a discrepancy in the resolution number shown on the agenda and the resolution itself. The correct resolution number is 2023-2.

Motion: Adopt Resolution 2023-2 accepting the annexation petition filed by Mountain States Contractors, Inc., Action: Adopted, Moved by Brayden Gardner, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. SEWER LINE FOR MOUNTAIN VALLEY VILLAGE DEVELOPMENT DISCUSSED. Daryl Hodgson discussed the potential of the City participating in the cost to run the sewer line on 500 East from 1170 North to approximately 1800 North. He explained they had planned to run the sewer south and connect at about 1010 North, so they are coordinating with IHC on this. In addition, they are looking at another possible scenario of running down 500 East. It would be a longer sewer run, so they wondered about the City participating in this line. It would open the possibility of development to the north.

Kelly Chappell with Ensign Engineering estimated it would cost about $167,500 to run it through the IHC property and $402,000 to run the sewer line down 500 East. They would only put in an 8-inch line. The City has a policy that it will pay the difference if it requires the line to be up-sized for other development from what is needed for their development. Still, Mayor Burrows pointed out that if they connect the line at 1010 North, only their property will benefit from that line. Mr. Chappell stated that the connection at 1010 North would require a 12-inch sewer line because it would connect to an existing 12-inch line.

Councilmember Gardner declared a conflict of interest because he has represented a couple of property owners that these gentlemen are working with to acquire the property. He asked about running the sewer line down 500 East and what other land it would benefit from. Everything east of 500 East would flow east because the elevation is lower than a line on 500 East. Mr. Chappell stated it could benefit the property east of Flying J and the northeast area in their development.

Mr. Hodgson stated that if they connect at 1010 North, they have a little grading to make it work, but it would make a big difference in the overall costs.

  1. SEWER LINE FOR UTAH BEEF PRODUCERS WAS DISCUSSED. Henry Barlow discussed the potential of the City participating in the cost to run the sewer line from 2200 South under I-70 to Cove View Road. He indicated that they have met with UDOT and have some permits to do some test bores. They would like to make it possible for other property owners to connect to the line and participate in the cost.

Mr. Mogan stated that the State code requires a sewer line to be 8 inches. However, the law allows one business to run a 6-inch line if the applicant justifies the need for the diameter and can provide supporting documentation. He noted that the building they are purchasing and the Mountain Land building are on septic systems, but they could connect to this line.

Mr. Barlow stated they are asking for a 6-inch line because UDOT will require them to put the pipe in a steel casing and go fence-to-fence if an 8-inch line is required. However, if they put in a 6-inch line, UDOT will allow them to work inside the fence and would not require the pipe to be cased. Mr. Barlow is working with Carson DeMille on flow rates and surveying this week to make a better plan.

Councilmember Hansen stated that if the City were to participate, it would have to provide additional capacity, but a 6-inch line would limit that. Mr. DeMille noted that they would be able to calculate how much capacity the line would have in addition to what the meat processing plant will need. Mr. Barlow said running a sewer line down Red Hills Drive would be very difficult because there are two big dips. They would have to be a lift station to make that work. Mr. Barlow is still determining if they could connect businesses besides Mountain Land Supply to the sewer line. Mayor Burrows felt more information was needed before the Council could decide the best action. Mr. Barlow thought it would take him $500,000 to connect to the sewer system.
Councilmember Thompson stated that it is hard to participate in this type of project when it benefits only one business. The Council felt that they needed additional information before making a decision. Mr. Barlow said he would discuss this with UDOT and work with Mr. Demille on surveying and checking the flow rates. He will return the information to the City once he has it all.

  1. PLANNING COMMISSION REPORT. Kendrick Thomas gave the Planning Commission report for February 1, 2023. They had one public hearing regarding adding a definition to the use table for Accessory Support Services and allowing the use in the multi-family zones as a C-1 use. They are recommending that the Council amend the zoning code to allow this.

The Planning Commission approved a conditional use permit for a home occupation at 700 E Center for Josie Christensen to provide spray tans and nails.

The Planning Commission approved a P-2 use permit in the downtown zone for a thrift store at 108 North Main called Main Crates. Chris Nielson is the owner.

The Planning Commission approved a building next to Fizz that is nearly 4,000 square feet. However, the plans were revised to show there is adequate parking. According to Mr. Hyatt’s plan, there will be 44 parking spaces where 42 to 43 parking spots are required. Kendrick Thomas thinks the building Mr. Hyatt is proposing is too big for the property, given the required parking spaces.

The Planning Commission reviewed a development review for the Jones and DeMille Engineering addition to their Richfield Office. They have requested a variance to allow a 2 ½ foot setback adjustment for the front setback of the building. That request will go to the variance Officer. Mr. Thomas stated that the basic idea is that Jones and DeMille are building an addition of roughly 5,000 square feet on the south side of the building for more office space. They will also improve 100 West along the West side of their building, including asphalt, sidewalk, curb, and gutter. The project was approved pending the variance request being resolved.

Mr. Thomas stated that there were two annexation requests that the Planning Commission reviewed. The first was the School Trust Lands (SITLA), located east of 100 East, including three parcels of land. The Planning Commission recommended that the Council deny the SITLA annexation.

The second annex request was for Mountain States Contractors, located on the other side of the freeway on the North Interchange. The Planning Commission recommended that the Mountain States annexation be approved.

The Planning Commission discussed provisions for the RM-24 zone and limiting the size from 1 to 3 acres.

The Planning Commission discussed adjustments to the code for allowing storage containers in commercial zones. They would only be permitted in residential zones for construction or a remodel for 90 days if they had a permit. The storage container must be removed within ten days of substantial completion. They would be a C-1 use in a commercial zone. Still, they cannot be kept in the front setback area, designated parking areas, fire access lanes, public right away, landscaping areas, or in a visible place from the property’s primary street. One unit is allowed per acre up to a maximum of 5 storage units.

  1. CONTRACT FOR THE FLOOD MITIGATION PROJECT APPROVED. Jones and DeMille discussed the contract for the flood mitigation project. Motion: Approve the contract with Jones & DeMille for the Flood Mitigation Project, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. PROPOSAL FOR THE SPRING PROJECT APPROVED. Carson DeMille was present to discuss the proposals received. He told the Council what the cost estimates were from those who submitted. A&D Jensen submitted a bid, including the design assist, of $1,339,237. The other proposal received was for $2,238,941 from Condi. That is quite a big difference, but according to Mr. DeMille, it came down to a few items that Condi was really high on. They had a much higher dewatering item. He explained that A&D had a better ranking on their proposal, and their price was better. Mr. DeMille recommended that the City award the design-assist portion of the project to A&D Jensen Contractors. The final design process usually takes up to two months to develop the best value and finalize the plans. Then the City can negotiate the final price.

Mayor Burrows noted that A&D Jensen is using all local subs. Their bid does not include some of the equipment because the City will purchase it due to some supply chain delays. Motion: Award the design-assist portion of the Spring Project to A&D Jensen with a price of $6,100, Action: Approved, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. 500 NORTH STREET PROJECT DISCUSSED. Micklane Farmer explained that we would open bids on Thursday, February 23, and then the Council could award the bid on February 28. The Irrigation on 500 North must be finished by May 1, so we need to get going, and the overall project will have to be completed within 120 days.

Since there are four different funding sources, the Joint Highway Committee, CIB Water Project, CIB Sewer Project, and Richfield City, the project has been divided into four schedules. That will allow better tracking of what each source is paying for. For example, the sewer project will pay for sewer improvements, and the water project will pay for the water improvements. Some upgrades on 100 East from 1100 South to 1000 South (by Mike’s Auto) will be paid for with the sewer funds because the road was used as a haul route when the sewer lagoons were reconstructed, so the roads were damaged by the big trucks. However, the City will have to pay for the concrete work on 100 East because the sewer funds will not pay for that portion of the project.

  1. COMMUNITY PROJECT FUNDING APPLICATIONS APPROVED. Micklane Farmer discussed a $3 million pavement rehabilitation project and a $3 million road improvement project. The Council reviewed a map of each project showing what roads would receive rehabilitation or reconstruction. Mr. Farmer stated that the last road project was completed in 2019. The proposed rehabilitation project will be similar in size and scale to that project.

Mayor Burrows asked about the road in front of Magleby Mortuary because it is shown as one of the roads that will receive a micro seal. He remembered that we needed to go in and repair the waterline there. Mr. Mogan stated that several of the roads shown would have the water and sewer lines replaced before this project. Mayor Burrows asked if the micro surface would include some leveling. Mr. Farmer stated that most intersections would be ripped out and new asphalt installed.

The reconstruction project would include 1080 South and the streets in the northwest part of town around Mountain America Credit Union. All the roads in this neighborhood are in bad shape, and the sidewalks are in even worse shape.

We will move forward to apply for funding to complete both projects.

  1. AIRPORT PROJECT DISCUSSED. The Council reviewed a project to install water lines, sewer, gas lines, and a taxi lane on the east side of the airport for future hangar space development. The cost estimate for this project is $311,856. We currently have just a little over $69,000. In the fund. For this project.

Adam Robinson would at least like to see the water line installed so that he could provide water through a hydrant or a frost-free meter just off the new apron area, allowing us to have an air tanker based here.

We do have some bill money, and with last year’s and this year’s, we would have about $220,000 that we could use. We prefer not to use that money on this project, so we could just put the taxiway in for now.

Mayor Burrows asked Mr. Mogan if he thought the City crew could put the water line in. Mr. Mogan stated that if it was staked and they knew exactly where to put it, installing it would take them a couple of weeks. Mayor Burrows noted that we had a few issues on the other side because it was not planned well.

Council Member Thompson asked what the demand was for the new hangar spaces. Mr. Robinson stated that at least three people were interested in the spaces.

Mr. Farmer asked if we thought the sewer would be done later. Mr. Robinson would like to explore whether putting in a septic tank rather than the sewer line would be possible or cheaper. Sewer is only necessary if someone wants to have a bathroom in their hangars. Councilmember Hansen Is not a fan of septic tanks, so he does not want to start down that road if we can find a way around that.

Moving forward to find a plan to put in the power line was discussed, and it was determined that the hangar owners should pay part of the cost of running the power line and not just their service line.

  1. BUSINESS PARK RFP AWARDED. The purpose of the RFP was to choose an engineer for the Economic Development project to design and manage the construction of the roads in the Business Park. We received two proposals; one from Jones and DeMille Engineering and the other from Sunrise Engineering. In addition, a committee reviewed and scored the proposals. Their recommendation was to award the RFP to Jones & DeMille Engineering. Councilmember Hansen noted that the committee members were pretty consistent and felt it was a pure process. They were two good proposals, both with local connections, but at the end of the day and based on the criteria, Jones and DeMille scored the highest. Motion: Award the RFP for the Business Park to Jones & DeMille Engineering, Action: Approved, Moved by Tanner Thompson, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. RFP FOR MAIN STREET POTS AWARDED. The Council reviewed the proposals submitted for the contract to plant the Main Street Pots for the 2023 season. We received three proposals. The proposal from Pets and Stuff was the best, but their bid was way more than the maximum amount set by the RFP. Larson’s added an option to their RFP, stating that for an additional $400, they would provide four days of maintenance, cleaning, and replacement of plants they feel need to be replaced. Motion: Kip Hansen would like to award the contract to Larsen’s Ace Hardware and add the additional $400 for cleaning, maintenance, and replacement to the contract for a total price of $3,300, Action: Approve, Moved by Kip Hansen Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  3. CAPITAL IMPROVEMENT LIST APPROVED. The Council reviewed the capital improvement list for 2023 with the changes discussed at the last meeting. Motion: Approve the Capital Improvement List for 2023, Action: Approved, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  4. OTHER BUSINESS. Houston Holt is starting a new business to shuttle mountain bikes up to the mountain bike trails. It will be called Ride Richfield Mountain Bike Shuttle. Mr. Holt is requesting that he be allowed to put a sign in the parking lot on 300 North up against the fence. The sign would let people know where to meet the shuttle so it would have his business name. They just finished their permit process with the Forest Service, which will be handing out three permits in total. Mr. Holt has partnered with Jorgensen’s Honda for repairs and rentals.

Mayor Burrows suggested that Mr. Holt could build a kiosk so they could place a permanent Mountain Bike Sign there, but other businesses could put their signs there as well. The City would allow a sign designating shuttle parking, and if Mr. Holt buys the sign, he could put that his business donated it.

Councilmembers Tanner Thompson and Kip Hansen would like to have a separate meeting to discuss the housing issues and look at potential ways that we could solve this. Council member Kip Hansen thinks we should have some options to make a deal. Consider including Six County, Paiute Housing Authority, and the School District. Kip Hansen would like to be more proactive about the housing situation. He thinks specific Richfield parcels are suitable for building traditional single-family residents. Mayor Burrows stated that he believes we need to be cautious while going through this process.

Councilmember Kip Hansen would like a public comment section on the agenda after the roll call and give residents a few minutes to bring things to the Council.

  1. MEETING ADJOURNED. At 9:58 p.m., Motion: Adjourn, Action: Adjourned, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

PASSED and APPROVED this 11th day of April 2023.