03.09.21 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
March 9, 2021

Minutes of the Richfield City Council meeting held on Tuesday, March 9, 2021
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. ISSUANCE OF BUILDING PERMITS BEFORE IMPROVEMENTS ARE FINISHED APPROVED
  6. DEVELOPMENT OF PROPERTY ON 100 EAST DISCUSSED
  7. PLANNING COMMISSION REPORT
  8. LOT SPLIT FOR PROPERTY AT 410 SOUTH 500 WEST APPROVED
  9. PUBLIC HEARING – REZONE (North of KFC on College Avenue)
  10. PUBLIC HEARING – REZONE (Cove View Road and 1300 South)
  11. PUBLIC HEARING – REZONE (1000 West Center)
  12. PUBLIC HEARING – REZONE (75 W 1300 South)
  13. PUBLIC HEARING – REZONE (1080 South between 900 and 1000 West)
  14. RESOLUTION 2021-4 ADOPTED
  15. SUGGESTIONS FOR USE OF THE PARKS FOR SPECIAL EVENTS REVIEWED
  16. OTHER BUSINESS
  17. RECONVENE & ADJOURN

OPENING REMARKS were offered by Councilmember Burrows.

PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.

ROLL CALL. Present: Mayor Ogden (Not voting), Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley (Not voting), Tyson Hansen (Not voting).

MINUTES APPROVED. The approval of the minutes of the meeting held on November 10, 2020, was tabled until the next meeting.

ISSUANCE OF BUILDING PERMITS BEFORE IMPROVEMENTS ARE FINISHED APPROVED. Dustin Nielson stated that he had hired A&D Jensen to put the improvements in for phase III of the Links Subdivision. The schedule for them to complete the work is roughly 6 months. If he waits 6 months will be into the fall or winter, it would be a year from now before he could sell a home. We are in an unprecedented time. The availability of supplies is limited, construction costs are at an all-time high, and the need for housing is great. He would like to try and benefit people as soon as he can and at a rate that he can afford.

He has purchased a large quantity of lumber and if he can build now, the price of the home would be lower. If he cannot move forward he will have to sell the lumber. His goal is to have homes ready to sell as soon as the development is done and in that 6-months they could have 10+ homes ready to sell. They are only putting themselves at risk and their own money for doing this. They would like to work with the City in any way possible to get the building permits before the improvements are in.

Councilmember Nielson asked if this is the southernmost part of the subdivision. Mr. Nielson stated that it would be all of the remaining lots in that subdivision.

Councilmember Christensen thinks that it would be frustrating to have to develop all of it before homes can be built. Mr. Nielson will not sell a house until the subdivision is completed.

Councilmember Hansen likes to see this type of activity going in the building trades because of what it does for people’s general well-being, just their mental health. He thinks there is some intrinsic value in that in and of itself.

Councilmember Nielson wanted to be sure that we have our basis covered. The Council asked Mr. Robinson what he thought about this. He indicated that the City would be in a good position and he felt that it would be okay to let Mr. Nielson have a building permit before the improvements are in.

Councilmember Burrows hates to see Mr. Nielson lose the best time of the year to build.

Motion: Approve the issuance of building permits for Dustin Nielson in the Links Subdivision before the improvements are in, but they cannot connect to the services and they cannot have an occupancy permit until all of the improvements are finished, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

  1. DEVELOPMENT OF PROPERTY ON 100 EAST DISCUSSED. Jared Jensen is planning to develop his property that is on 100 East. The bridge across the canal was removed and he wanted to know if the City would be putting that back in.

Councilmember Burrows stated that the reason the road was taken out was that the configuration of the road across the canal was not safe. His feeling is that the road would have to be realigned and to do that the City would have to purchase a lot of property.

Mr. Jensen stated that he has looked at putting a bridge to go from his Main Street property across the canal to his 100 East property. He would like to see a cul-de-sac at the end of 100 East because he thought it would help with the graffiti. He would like to keep that area cleaned up. He would like to put in 40 RV stalls on that property. He needs to annex the property and he would like to develop the street. He would need to bring the sewer up the road. He would like to have the City help him bring the sewer through the intersection on 100 East and 800 South.

Councilmember Nielson wanted to know what we would be doing with the bridge and if it needed to be removed.

Mr. Mogan stated that the deck was pulled and a barricade was installed. He noted that they could take the beams out as well.

Councilmember Burrows stated that he would support getting the sewer through the intersection so that Mr. Jensen would be able to bring the sewer up the road to his property. Councilmember Hansen would be on board with that as well. Councilmember Christensen thought we should do that as well.

Councilmember Burrows was not sure that we would ever want to put the bridge back in, especially where it was located.

Councilmember Hansen stated that until the property is annexed, he does not think that we could make a formal motion, but he is in full agreement with Councilmember Burrows that the City should bring the connection through the intersection and resurfacing that in the neighborhood of $10,000 or so to make that happen. He felt that it would be to everyone’s benefit so he would be supportive of that.

  1. PLANNING COMMISSION REPORT. Rick Robinson reported on the Planning Commission meeting held on March 3, 2020. Public hearings were held on the items that are on the Council’s agenda tonight. He reported on the action items that the Planning Commission voted on. A business called Posh Pets at 385 West 650 South was given conditional use.

Another conditional use permit for a business called Bravo Holding dba VIP Vapors at 1156 So Hwy 118 was approved.

Kento Properties requested a conditional use permit to allow a short-term rental for property located at 595 South 200 West. The Planning Commission approved the request.

Paul Everett requested a lot split for property located at 410 South 500 West and that was recommended to the Council for approval.

A rezone for property located at approximately 350 West between Cove View Road and 1300 South from commercial shopping to high-density multi-family residential (RM-24) was recommended for approval.

A rezone for property located at approximately 1500 South Hwy 118 from multi-family residential RM-11 to high-density multi-family residential RM-24 was recommended for approval.

A rezone for property located at 1080 South between 900 and 1000 West from single-family residential R1-8 to multi-family residential RM-11 was discussed. The Planning Commission received many comments from the residents who live in that neighborhood who were opposed to this rezoning. The Planning Commission recommended the Council rezones this property.

A rezone for property located along College Avenue north of KFC Taco Bell from commercial shopping to high-density multi-family residential RM-24 was recommended for approval. This matter also received a lot of negative comments from the public.

The Planning Commission also considered a request to rezone property located at approximately 1000 West Center from forestry to single-family residential R1-10 The Planning Commission tabled the request pending further information.

The Planning Commission will be holding a zoom meeting with University of Utah students that are updating the general plan.

  1. LOT SPLIT FOR PROPERTY AT 410 SOUTH 500 WEST APPROVED. This property is owned by Paul Everett. The Planning Commission recommended approval. The Council reviewed the request to split the lot which is located at approximately 410 South 500 West by the middle school. Motion: Approve a lot split for property owned by Paul Everett and located at approximately 410 South 500 West, Action: Approved. Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  2. PUBLIC HEARING – REZONE (North of KFC along College Avenue). Mayor Ogden opened a public hearing at 7:47 p.m. to receive comments on a request to rezone property located along College Avenue north of KFC from general commercial (CG) to high-density multi-family residential (RM-24).

Ryan Hackett spoke about developing this site. He indicated that he is excited about becoming this development being a buffer between commercial and residential. He also reiterated that construction costs are increasing. This is a valuable housing option. Traffic was discussed in the Planning Commission. A traffic study will show a small increase in this area and it is mainly when people are going and coming from work. They are proposing 66 units for this property. Councilmember Nielson asked if they were aware of the street that would have to be put in through this property and he indicated that they were planning on installing the road on the south of their development. Mr. Hackett stated that this development is not going to increase traffic that much. Councilmember Hansen stated that it was a good thing that there is a signaled intersection there.

Councilmember Burrows asked how many acres were there. Mr. Hackett stated that there are 3.02 acres. Councilmember Burrows asked about how much open space they would be dedicating. Mr. Hackett noted that with the new regulations, they are required to have 25% open space. With this requirement and the parking regulations, they will be constructing 3-story buildings. Councilmember Burrows asked what kind of housing this would be? Mr. Hackett indicated that it would be affordable housing. Councilmember Nielson asked if this would be subsidized? Mr. Hackett indicated that the rent is based on income and there is an income restriction. The government helps them build quality units and then they can rent them for $500 to $900.

Councilmember Hansen asked where the funding would come from. The money comes from tax credits and they are applying through the Utah Housing Incorporated for those funds.

The question was asked what would happen to the property if the Council rezones it and then they do not get the funding. If they are not successful in April then they will apply for the next round of funding. JJ Lund stated that Richfield needs housing and they will build it either way. They will have a management company that will manage these buildings so that they remain a quality project. They can fast-track this project and have fully finished units within 18 to 24 months.

Mark Hatch stated that he was told to follow the money. He stated that we have way too much of this type of housing. He stated that maybe this should be built in Elsinore it would be beautiful but that’s what we are looking at. Elsinore is what that is. This is one of the top 5 lots for commercial property and we are going to put housing on that. We need apartments but we do not need that kind of apartment. We do not want to Elsinore our town. Councilmember Nielson stated that Mr. Hatch needs to state that he lives in that neighborhood. He wanted to know why we are ghettoing this area.

Ryan Harris lives on 1080 South and stated that one of the neighbors had a transient that walked into their home and made themselves welcome. Also, College Avenue cannot handle all of the traffic on that road every time there is an event at the Sevier Valley Center traffic is backed up for blocks. With residential developments, we only collect about 55% on this type of development where the City could collect 100% of the fair market value on commercial property. Commercial developments will attract people who will come and spend their money here.

JJ Lund stated that the market studies show that Richfield does need this type of housing. They want to develop a top-quality project. There will be single mothers and older people who should be retired but cannot because of the cost of housing. They spend a lot of time doing market studies and Richfield does need this type of housing.

ShonTae Hatch wanted to know what this was going to do to her property values. She stated that her property value already went down with the construction of all the self-help homes in the neighborhood. She also stated that she is not opposed to this type of housing but she is opposed to it at that location.

Councilmember Hansen stated that he has a daughter and her children that live with him because they cannot afford to live anywhere else. We do not adequately serve single moms and older people.

Mario Gonzales stated that he moved back here from Pleasant Grove and he lived in a higher density area. Pleasant Grove did a lot of rezoning for high-density housing and they found out that parking was a problem. They ended up with a lot of people parking on the streets. He does believe that Richfield needs affordable housing. He felt that getting this type of housing could be done without increasing to a higher density.

Mark Hatch stated that we need housing but we cannot have another apartment complex that is subsidized because we are overwhelmed with it. Student housing is what we are getting with this development. We don’t need that in Richfield anymore.

Ryan Hackett stated that this is just rent-restricted which makes the housing affordable. Market rate housing is not affordable in this day and age. You have to get $1,500 rent To be able to build apartments and make a profit. That is not affordable. That’s what it would cost for a mortgage. If you can afford that kind of money, you would live in a house, not an apartment. This kind of housing is for those people who do not have a down payment or have a lower-paying job,

Mayor Ogden stated that he received a statement from Senator Owens noting that housing prices continue to increase at a rate of 12% per year. This has created a shortfall of 53,000 housing units throughout Utah for individuals with average or lower income. Mayor Ogden pointed out that there is a need in our community.

Mike Snow stated that it has been less than a month since the City created this zone and the City needs to come up with a plan as to where they should be allowed based on a study. Dropping high-density housing units right there by single-family homes does not make sense.

Mayor Ogden closed the hearing closed 8:24 p.m.

  1. PUBLIC HEARING – REZONE (Cove View Road and 1300 South). Mayor Ogden opened a public hearing at 8:25 p.m. to receive comments on a request to rezone property located between Cove View Road and 1300 South along 500 West from general commercial (CG) to high-density multi-family residential (RM-24). Hearing no comments Mayor Ogden closed the hearing at 8:25 p.m.
  2. PUBLIC HEARING – REZONE (1000 West Center). Mayor Ogden opened a public hearing at 8:26 p.m. to receive comments on a request to rezone property located at approximately 1000 West Center from forestry (F-1) to single-family residential (R1-10). Mayor Ogden stated that the Planning Commission tabled this matter because they had some questions about engineering and the drainage.

Kelly Crane stated that this public hearing is for the rezoning of this property. This property has been in the City for a long time zoned as forestry and they would like to have it rezoned for single-family residential. It does have some constraints because of the way that the power line runs across the property.

Councilmember Burrows has seen a lot of water on this property so he is concerned that once the subdivision is in, the City would have the responsibility for the roads and he felt that this could be an issue. There has also been a lot of settling on this site. Mr. Crane stated that this would be presented and addressed during the subdivision process. Carson DeMille stated that there is information for this area already and there is a detention basin planned in that area and another one planned for Lind canyon. Mayor Ogden closed the hearing at 8:32 p.m.

  1. PUBLIC HEARING – REZONE (75 W 1300 South). Mayor Ogden opened a public hearing at 8:32 p.m. to receive comments on a request to rezone property located 75 W 1300 South from multi-family residential (RM-11) to high-density multi-family residential (RM-24). Hearing no comments, Mayor Ogden closed the hearing at 8:33 p.m.
  2. PUBLIC HEARING – REZONE (1080 South between 900 and 1000 West). Mayor Ogden opened a public hearing at 8:33 p.m. to receive comments on a request to rezone property located 1080 South between 900 and 1000 West from single-family residential (R1-8) to multi-family residential (RM-11).

Trudy Olcott moved here from a big city and she lives at 1800 West 1080 South. She is concerned that there will be more traffic on her street with this proposed development and that will create more noise. She is concerned because her husband has health issues and needs it to be quiet.

Kendrick Thomas stated that they would be building townhomes with 2 -units together so that each unit would have a side yard. There would be 7 of these 2-unit facilities. Councilmember Christensen asked if they would be rented or sold. Mr. Thomas stated they would be sold. They would do a few units now and others in phases. They intend for them to be nice and similar to the ones they built on 200 West.

There is an issue because the property at the end of the street is owned by a different. He suggested that there could be barriers placed at the end of the pavement on 1080 South until the rest of the road is developed. As for this being an appropriate zone, the property across the street to the north is zoned RM-11. The larger parcel is owned by the school district and is not currently in the City.

Councilmember Burrows stated that in the past, he said that we had required the road to go in. There is some question as if we can require that because it would have to go across the property that is owned by someone else.

Mark Hatch stated that if we put all this in now we have screwed that area. He said this was still part of their subdivision and it cannot be built according to the subdivision rules. He asked why we are trying to screw that end of town. It feels like Elsinore in his opinion.

Barry Mangum has a home next to the property being considered for rezoning. Now that he has seen what is being proposed he is not as concerned about it. He does see an increase in traffic which is concerning. He felt that this is a sign of greed. If we put single-family homes in, they would not be able to put as many there so that would not be of benefit to the developer.

Craig Harmon stated that he gets sick of hearing how wonderful these projects will be for us. He has been in Richfield for 44 years and he has not seen it yet and there have been a whole lot of projects in the 44 years. Several of them went to the Planning Commission meeting and he said he was disgusted with how that meeting was handled. It was clear that the approval was going to happen no matter what anybody had to say. They were just allowing the public time to say their piece. Mr. Harmon stated that he was told years ago that1080 South was going to be as wide as the street to the north. That never happened and with all the houses that have been built is a little late for that now. Now more stuff is being jammed in and he does not think the street can handle it. There are some real safety issues. He stated that there were a lot of stories about what this project was going to be. The thing that bothered him at that meeting is that he felt the folks proposing the project were the same folks that were approving the project. Whether it be spot zoning or contract zoning or whatever you want to call it, somebody is doing a favor for someone.

Mr. Thomas stated that at the Planning Commission meeting, he abstained from being involved in voting on this project because he wanted the project to be approved on its merits and have it all above board.

Councilmember Hansen was frustrated because the process has kind of been attacked. The Planning Commission is a recommending body and the Council has voted recently not to accept the recommendation of the Planning Commission. Even this process tonight is just midstream. We get bogged down like we are going through a project review. The public hearings are to deal with things like if this is an appropriate zone in that particular place. Obviously, when someone is requesting this, they have a specific project in mind in most cases and it is fine to reveal what that is and why they are requesting that change. Councilmember Hansen suggested that we need to be careful to deal with what we are supposed to be dealing with. He noted that people who are involved in the type of service as a volunteer on the Planning Commission, often are people that are vested in the community. He appreciates the service of our Planning Commission. They roll up their sleeves and they do their homework.

ShonTae Hatch stated that we have talked about the need for housing in our community and she noted that there is a need for just houses in general. The Indian Springs was built just for homes. She believed that if we left the zone how it is now and finished the road coming down, there would be houses that would be built. Some people want a single-family home. That is what it was originally zoned for.

Ryan Harris stated that he lives on this street and he measured the intersection on the asphalt and it is 38 feet wide. He said the road should be 66 feet wide. In the summer when College Avenue is bogged down, people travel down that road. The proposal would add 14 units, which would be 28 additional vehicles. There is always a speed issue on this road. The road is already narrow. There is a daycare just down the street. In the bylaws of Indian Springs Subdivision, it states that the homes should be single-level building on no less than 8,000 square feet. The maximum number of single-family houses that could be built there is seven. He felt the zoning should remain the same.

Mark Hatch stated that with Jared Jensen the City was willing to pave some road and do some work for him to clean up that side of town. Why not finish this road? That was the original agreement with Mike and the City. Why not finish it and put houses there? We need houses. He said that the City should do what the plan was and have the City step up a little bit right there.

Mayor Ogden closed the hearing at 8:58 p.m.

  1. RESOLUTION 2021-4 ADOPTED. The Council reviewed Resolution 2021-4 accepting the annexation petition filed by Robert C. Bleazard for property located 450 East Annabella Road or 495 East 400 South. Councilmember Christensen wondered what had been determined about the fire hydrant. Councilmember Burrows stated that there is one further down the land and it is close enough. There was also a question about the water line being a dead end, but Mr. Mogan verified that there is an 8” water line that goes under the fairgrounds and connects into the line on the Annabella Road. Motion: Adopt Resolution 2021-4 accepting the annexation petition filed by Clark Bleazard for property located 450 East Annabella Road or 495 East 400 South, Action: Adopted, Moved by Kip Hansen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  2. SUGGESTIONS FOR USE OF THE PARKS FOR SPECIAL EVENTS REVIEWED. Paula Warner and Ken Castle were present to discuss farmers’ markets and food truck rallies at the City Park. Councilmember Burrows wanted to clarify that the food trucks could be on 100 East. The only place our ordinance does not allow them is in the UDOT right-of-way.

Sherrie Christensen stated that the purpose of this is to put some policies in place that will protect the City and our property when people use our property. One of the things that are needed for the food truck rally is documentation from the health department that they are approved to do what they are doing. Mr. Castle stated that everyone that participated last year should have sent that in. Mrs. Christensen stated that some did not. The organizer of the event is responsible to provide that information to the City if they are on our property.

Councilmember Gleave stated that he was under the impression from last year that the food trucks have nothing to do with this. They were under their event and they were outside the lines on 100 East and were not using the park. The food trucks should not even have to be here tonight. They can do what they do at any time. They never entered the park.

Mrs. Christensen stated that if they do it at a City facility, which the City Park is, then it becomes our problem. Councilmember Burrows stated that they were not in the Park. They were parked on the street like they could do any day.

Councilmember Nielson stated that the public has the right to be in the City Park. That’s why we have a park. She does not think that we can restrict people from coming to the park. She does not want this to be so restrictive that no one can enjoy the park. The food trucks are not actually in the park. Mrs. Christensen stated that it was an organized event that took place at the park.

Councilmember Burrows stated that they are not on the park they are on the City right-of-way.

Councilmember Gleave wanted to make it clear the distinction between what the food trucks were doing and what the farmers’ market was doing. Councilmember Burrows stated that they were doing it at the same time, but it is not the same.

Councilmember Nielson does get that we need to have an event, but she does not think that we need to be nasty about it. She thinks that we need to approve an event.

Erin Thompson stated that what we are trying to establish is an application process to determine how the City would be involved in the event. Councilmember Burrows read through the information and did not have a problem with the application process, but he did not think that there should be a$50 non-refundable application fee. Mrs. Thompson stated that it would take staff time to go through it and figure out a schedule and process for the event. Councilmember Burrows does not think that this was a good idea.

Paula Warner stated that if the City is going to do this, then they need to make sure that the restrooms are stocked. She stated that there is a hole in one of the restrooms, not one that was done by them, but it is a liability and should be fixed.

Mrs. Christensen stated that it is not about the money. It is about making sure that people have the proper permits and are responsible for what they are doing there. We want people to use the parks.

Councilmember Burrows stated that we were going to pipe the ditch along 400 North because of the liability and he asked where we were with this.

Councilmember Hansen thought that the application should say that the event will agree to hold all necessary permits required and adhere to all State and local requirements.

Mayor Ogden wants to have this for our citizens, so he just wants to make it work. He thinks we can do it, but he does not think that we are quite on the same page yet.

Mrs. Christensen stated that if they are on public property, we need to have the proper documentation. She further stated that if they are in business, they should already have the necessary documentation.

Councilmember Burrows asked if they were all paying sales tax. Mrs. Christensen stated that each food truck would pay their sales tax to their cities.

This will be discussed at the next meeting.

  1. OTHER BUSINESS. Councilmember Burrows wants to be sure that the ditch along the north side of the City Park is taken care of.

Housing Summit at the Fairground this Thursday, from 6:00 p.m. to 8:30 p.m. Councilmember Hansen stated that he was registered.

The Council is holding a special meeting next Wednesday at 6:00 p.m. to meet with the University of Utah Students and Bruce Parker on an update to our general plan.

An RFQ for the supplier for the new park has been decided by the staff. The Council was asked if they wanted the final say. Councilmember Hansen stated that as long as the staff has done its homework, he would be fine with them selecting the supplier.

  1. MEETING ADJOURNED. At 9:47 p.m., Motion: Adjourn, Action: Adjourned, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.