03.22.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
March 22, 2022

Minutes of the Richfield City Council meeting held on Tuesday, March 22, 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 L. Burrows presiding.

1. OPENING REMARKS
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES
5. EXPENDITURES
6. COMMENTS TAKEN ON MOTEL ROOM RENTALS
7. PUBLIC HEARING – ACCESSORY DWELLING UNITS
8. PUBLIC HEARING – BUILDING HEIGHT
9. REQUEST TO PURCHASE PROPERTY DISCUSSED
10. REQUIREMENT OF IMPROVEMENTS ALONG 750 EAST
11. SEVIER COUNTY’S TRANSPORTATION MASTER PLAN
12. 300 SOUTH INTERSECTION DISCUSSED
13. ORDINANCE 2022-14 ADOPTED
14. RESOLUTION 2022-3 ADOPTED
15. COSTS FOR THE 100 EAST PROJECT
16. BID ON THE AIRPORT APRON EXPANSION PROJECT AWARDED
17. RESOLUTION 2022-4 ADOPTED
18. WATER METER FEES AND RESOLUTION 2022-5 ADOPTED
19. WATER METERS DISCUSSED
20. 2022 CIB LIST FOR CAPITAL PROJECTS AMENDED
21. FUNDING FOR MOUNTAIN BIKE TRAILS APPROVED
22. OTHER BUSINESS
23. MEETING ADJOURNED
24. OPENING REMARKS were offered by Councilmember Thompson.
25. PLEDGE OF ALLEGIANCE was led by Brinley Robinson.
26. ROLL CALL. Present: Mayor Burrows, Todd Gleave, Kip Hansen, Elaine Street, Tanner Thompson, Michele Jolley, Tyson Hansen, Brayden Gardner.

Others present: Tucker Boyter, Edward Nielson, Greg Jensen, Laurie Burrows, Keith Warburton, Spencer McDonald, Tonya Vigil, Doreen Ivie, Casey Butcher, Larry Pearson, Troy Poulsen, BMike Workman, Kayla Workman, Gabrielle Burgess, Kyle Turner, Ryan Bybee, Bryn Bybee, Ammon Lucero, Kolar Lucero, Ashlee Mathis, Jessica Waybrant, Debra Waybrant, Treric Mathis, Ashley Best, Jason Best, Roxanne Bobo, Courtney Nowers, Cory McGee, Patrick Broune, Grace Gage, Nate Bryant, Micklane Farmer, Carson DeMille, Chief Lloyd, Keith Mogan.

4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on March 8, 2022. Motion: Approve the minutes of the meeting held on March 8, 2022, 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.
5. EXPENDITURES APPROVED. The Council reviewed the February 2022 Warrant Register. Councilmember Hansen had a question about the two payments of $1,400 each to Baldauf Excavating noting there were 2 different account numbers associated with the payments. Mr. Hansen stated that the total cost of the invoice was split between the water and sewer funds. Councilmember Gardner asked about payment for freight of $102.65 as he thought it seemed high. He wondered if the freight was associated with the items listed. Mr. Hansen stated that it fairly typical for this company. Motion: Approve the Warrants for February 2022, Action: Approved, Moved by Todd Gleave, 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.
6. COMMENTS TAKEN ON MOTEL ROOM RENTALS. Mayor Burrows noted that there was a large crowd at the meeting tonight. We know they are here, but it is not an agenda item. He thought about it and he wanted to give the public a minute for discussion so we can all get on the same page. He does not want it to interfere with the rest of the meeting. Mayor Burrows gave a little history on the property noting that there have been some issues with the business license. As a Council, the issue of long-term rentals in our motels and hotels was discussed. At another meeting, a public hearing was held and the Council changed the ordinance to define what a hotel and a motel were. According to the State Code, anything over 30 days is considered a long-term rental in a motel/hotel. We allowed people to stay there for 90 days. The reason the City did this was so that we could get these rentals compliant. There are roughly 5 motels/hotels in our community that are doing this. Some of them have gone in and remodeled to bring the rooms up to code. When you turn these into long-term living there has to be a stove, fridge, separate sink from the bathroom, and a kitchen area. That was the City’s purpose to try and bring these facilities up to code. We have not enforced this with any of the owners in not allowing that 90-days to go longer. Mayor Burrows stated that it is a protection and liability for the City and the renters. He stated again that the City has not asked any property owner to kick anyone out. He was pretty clear that our intent is not to put people out on the street. We just need to get things so they are proper.
   Mayor Burrows asked the property owner, Keith Warburton, to comment on what had been said. He also stated again that the City does not have the intention of kicking people out on the street and if that is happening, it is not coming from the City. He wanted to be clear about this.

Mr. Warburton stated that he was not trying to do anything against the law or the ordinance. He has tried to make it clear that what he is trying to do is follow the ordinance. He is trying to comply with the ordinance and as he understands it a short-term stay has to be 29 days or under. If someone gets to 29 days in one of these facilities then they need to move out.

Mayor Burrows stated that they could stay for 90 days in 180 days if it is an extended stay room. Mr. Warburton argued that the City limited the number of extended-stay rooms that he could have.

Mr. Warburton stated that homelessness is a real issue everywhere. He has done this in a lot of different places. He stated that people pay $750 a month. At a regular motel, they would pay $60 per day. It is almost financially impossible for someone to get back on their feet under those kinds of circumstances. He provides a place where people can come and they have their gas, electric, and utilities included for $750 a month. That gives them a chance to get back on their feet.

Mayor Burrows stated that we have 4 or 5 other facilities like this and we have not had any issues with the others. They have come in and tried to work through this and we are working with them to get these places up to code through the building department. He asked Mr. Warburton why he could not do this.

Spencer McDonald stated that he is the attorney representing Mr. Warburton. He has tried several times to find out what they had to do to get a business license and he never got a response. He followed up on this several times and still did not receive a response. He contacted the City attorney and he said that he had never heard of this. He had not reviewed my emails and he had no idea what this property was. This continued through October. Then the abrupt City Council meeting and the change to the ordinance that made running a business under this business model impossible on one hand and on the other hand there were criminal charges assessed against Mr. Warburton.

Mr. McDonald stated that the absence of communication is a large contributor to what brought us here. We were met with radio silence until October and we have criminal charges and the change of ordinance that nullified the business model. He is hoping that we can set this all aside and see where we need to move forward. Based on the letter, we need to make a pretty substantial division to the housing as it presently sits. His main point he wanted to make was that they are trying really hard for an extended period to contact and figure out what they needed to do and the response was criminal charges and a change to the ordinance.

Mayor Burrows stated that we need to move forward from here. He asked that Mr. Warburton get with Chief Lloyd and Ms. Jolley and come to an agreement on what has to be done for Mr. Warburton to move forward. Mr. Warburton stated yes. Mayor Burrows stated that we have to have the building inspections, etc. done in there and Mr. Warburton agreed to this. He asked that Mr. Warburton allow the people to stay there until we get this resolved and he said that he would.

Chief Lloyd stated that when he started businesses before, he always had a business license before he opened the business. That did not happen. Mr. Warburton just turned the application in and started the business. Mr. Warburton stated that it was a running facility at the time and usually what you do from one property owner to another in the hospitality type of situation is transferred one to the other.

Mayor Burrows allowed comments from some of the residents at Ville 647.

7. PUBLIC HEARING – ACCESSORY DWELLING UNITS. At 7:57 p.m., Mayor Burrows opened a public hearing to receive comments on an amendment to the Zoning Code to allow detached accessory dwelling units in the RR-1 and RR-5 zoning districts. Danielle Peterson spoke and stated that she would like to see this approved. Mayor Burrows closed the hearing at 7:55 p.m.
8. PUBLIC HEARING – BUILDING HEIGHT. At 7:55 p.m., Mayor Burrows opened a public hearing to receive comments on an amendment to the Zoning Code to allow buildings to have a height taller than 35 feet in the RM-11 and RM-24 zones. There was some discussion about what the current ordinance states. Amy Myers stated that they discussed at the Planning commission meeting that the midpoint was 35 feet. This would clarify how the height would be measured. Mayor Burrows closed the hearing at 8:02 p.m.
9. REQUEST TO PURCHASE PROPERTY DISCUSSED. Dave Coe discussed a parcel the City owns. He was going to ask if the City would be interested in selling it, but he has since learned that is part of the Airport protection area. The previous owner had a use agreement with the City. Councilmember Gardner declared a conflict stating that he represents the owner of the property to the north. He stated that the use agreement would allow them to landscape and utilize the property, but they could not build a structure on it. Mr. Coe has another client who is interested in the property south of Big 5 on 800 South. He asked if there would be the possibility of dividing the property and having the east portion zoned for residential. It is across the street on 100 East from the Eagle View housing project. Mayor Burrows stated that the next step would be to go before the Planning Commission. The Council did not see any issues with the proposal and felt that it would be a compatible use in that area.

Mr. Coe asked about the City’s development of an apron for the airport and if it would affect the property he has listed to the north of the airport. He was told that the owner would be asked to give the City an avigation easement which states that they knew the airport was there when they bought and/or developed the property and they are aware that there is going to be noise from the airport.

10. REQUIREMENT OF IMPROVEMENTS ALONG 750 EAST. Tom Bogh had requested that the Council consider waiving the requirement of improvements along 750 East since there are not any curbs, gutter, or sidewalks along that road. Motion: Table the matter until Mr. Bogh or his representative can be at the meeting, Action: Tabled, 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.
11. SEVIER COUNTY’S TRANSPORTATION MASTER PLAN. Micklane Farmer discussed Sevier County’s Transportation Master Plan. He explained that this does not have anything to do with the City’s streets, but only the County streets that come into Richfield. The County is asking the Council to fill out a questionnaire and get it back to him. They will also be asking the Planning Commission to complete a questionnaire as well. When they get all of the comments back from the City Councils and Planning Commissions, they will put them on a GIS map that will be available for the public to make comments on.
12. 300 SOUTH INTERSECTION DISCUSSED. Micklane Farmer discussed the improvements to 300 South in advance of the new stoplight being installed at that intersection. The project will require the City to install a curb, gutter, and asphalt on the portion on the southwest side of 300 South. It would require about 350 feet from the corner to the access to the NAPA parking lot. There is an irrigation box that will need to be reconstructed and raised for asphalt to be installed.

Mr. Farmer mentioned the price of asphalt noting that there could be an increase in that price. The total estimated cost for this project is $50,670. Mr. Hansen asked if this project would happen before June 30. Mr. Farmer hopes that it does not. He indicated that we could put the stipulation in that they will not start before July 4 and have it completed before August. We do need to have it done so they can get the paint striping done.

Mr. Farmer wanted to know if the Council wanted to bid this out now. There was some question about the prices holding if we put it out for bid now. Mr. Farmer stated that the surcharge for fuel could change. Mayor Burrows felt that we should put it out for bid.

Motion: Approve the cost of the 300 South intersection improvements and bid the project out now with the project beginning after July 4, 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.

13. ORDINANCE 2022-14 ADOPTED. The Council reviewed an ordinance adopting all of the required international and national codes and a resolution giving the Sevier County Building Department permission to enforce Richfield’s zoning and building ordinances. Motion: Adopt Ordinance 2022-14 and Resolution 2022-7, Action: Adopted. Moved by Elaine Street, 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.
14. RESOLUTION 2022-3 ADOPTED. The Council reviewed a resolution in support of an application to LWCF for funding to complete the new park. Motion: Adopt Resolution 2022-3, Action: Adopted, 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.
15. COSTS FOR THE 100 EAST PROJECT. The Council reviewed the costs of the improvements to 100 East. The City would pay approximately $340,000. Councilmember Thompson stated that he has been sick about this for a couple of weeks now. He knows that we have talked about getting some of this back at some point. He wondered in what situation we recoup the Ace Hardware portion. Mayor Burrows noted that when then build anything we will.

Mr. Hansen explained that we will have spent all of the Class C money this year. Mayor Burrows stated that we need to put a chip seal or slurry coat on this road next year to ensure the life of the road, but we can only do what we can do. Motion: Approve the costs and improvement for the 100 East project, Action: Approved, Moved by Tanner Thompson, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

16. BID ON THE AIRPORT APRON EXPANSION PROJECT AWARDED. The bid for the Airport apron expansion project came in at $1,449421.50 and the engineer’s estimate was $1,163,490. There was only one bidder on the project and that was Hales Sand and Gravel. The engineer’s opinion is that this is a fair and reasonable proposal. There are 3 schedules on this bid and depending on the availability of FAA Infrastructure Bill funding, we may only be able to fund Schedule I. There are sufficient funds in the UDOT project to award Schedule III. Motion: Approve awarding the bid to Hales Sand and Gravel pending the availability of funding, 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.
17. RESOLUTION 2022-4 ADOPTED. The Council discussed the purchase of mowers for the golf course. The payment is approximately $24,000 to $25,000 a year and we are not paying on the carts anymore, which was more than what this payment will be. The bank requires a resolution for the approval of the lease-purchase agreement. Motion: Adopt Resolution 2022-4 approving the lease-purchase agreement for the mowers at the golf course, Action: Adopted, Moved by Brayden Gardner, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
18. WATER METER FEES AND RESOLUTION 2022-5 ADOPTED. The Council reviewed a resolution to establish fees for water meters and set a policy that the City crew would not install water and sewer connections to eliminate any competition with private contractors. It was discussed that one of the reasons for this policy was that we have a small crew and they do not have time to be installing water and sewer connections. Another reason is that we have not changed as much as a contractor because we do not have the overhead that they would. Motion: Adopt Resolution 2022-5 setting a policy for the installation of water and sewer connections and fees for water meters, Action: Adopted, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
19. PURCHASE OF WATER METERS DISCUSSED. Mayor Burrows explained that the City has been looking at proposals to change our supplier and purchase meters locally. Mr. Mogan has looked at several options, but due to the availability, Mr. Mogan has a recommendation.

Mr. Mogan explained that the City is currently with Neptune. They supply our meters and the Meter Works program for reading those meters. We reviewed proposals from Peterson Plumbing, which sells Zennar meters, and Mountain Land which sells Census meters. Both systems are good, but the Census program will read the meters that we currently have without having to retrofit anything. However, we get into the issue of supply. All of the meter manufacturers are getting further out on being able to supply meters because of the supply change issues. With this in mind, we would be better off staying with Neptune at this time and revisiting this matter next year.

We have a supply of meters at the shop that will get us by for the next 7 months. We just ordered a couple of larger meters so we could have some bigger meters on hand. Anything that we put in going forward would be compatible with another system. Councilmember Gleave stated that he was in one of the meetings with Petersons and they had mentioned that they changed over Annabella Town, so he reached out to Annabella Town and they said they would do that again because they like the system.

It was mentioned that the cost to change over to the Zennar meters through Petersons would be over a million dollars. We would have to retrofit all of the meters currently in the ground for them to be able to work with their software. We do not have the manpower to accomplish this, so we would have to hire a contractor to do this.

With the Census meters through Mountain Land, this would not be an issue because what we currently have in the ground will read to their software without any alterations. That means that the asset we have in the ground is still useful and viable. Meters would only have to be changed when they are bad.

We will revisit this with all of the companies when we get to the point where the supply chain issues are resolved. Mayor Burrows noted that technology changes rapidly and maybe their proposals will be different. He felt that where we have the inventory and Neptune still has the availability that staying where we are would be the right choice.

20. 2022 CIB LIST FOR CAPITAL PROJECTS AMENDED. The Council reviewed the list of capital projects on the short-term list. Mayor Burrows stated that we have until the end of March to change this list. He also stated that we need to put the repairs and redevelopment of the spring on the short-term list. The rest of the items on the short-term list are good.

Councilmember Gleave wondered if after we met with the College today if the community center would come into play with the College’s plans.

Councilmember Thompson asked what the library project on the medium-term list is for. It is for a new library or an extension to the existing library. The Council was not in favor of adding on to the existing building because it would diminish the historic nature of the building. Motion: Amend the 2022 CIB list for Capital Projects as discussed, Action: Approved, Moved by Elaine Street, 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.

21. FUNDING FOR MOUNTAIN BIKE TRAILS APPROVED. Carson DeMille explained that they are getting ready to go again on the trails. We still have not heard the final match dollar for this part of the project. They have a program set up to fund this, but it is not a done deal yet. It will be May or July before we know. Mr. DeMille does not feel comfortable with construction and spending money that we do not have right now. He wanted to be sure the Council was okay with this because he felt that there still is a small chance that the funding might not come through.

Mr. DeMille stated that we hired them because of where they are working. It is so high up there and they are camping up there and working. It would take 2 hours to run the kids up there so that is difficult to manage with volunteers. The County has participated in the trails all along, we just do not know what they would be willing to cover some of this.

The funds needed would total about $160,000 and we would ask the County if they would cover half of that.

Motion: Approve additional funding that may be needed to complete phase III of the mountain bike trail as long as the County will match half of what is needed up to the $160,000, Action: Approved, Moved by Todd Gleave, 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.

22. OTHER BUSINESS. Adam Robinson reported to the Council that there will be a helicopter stationed here for emergencies beginning September 1 of this year.

Councilmember Thompson is being told that we have a cat problem. He wondered if there is anything that can be done.

Mayor Burrows spent some time out by KFC and the property to the north. Off setting the road would not be as drastic as it appears on the map. He thinks it would be doable. The road is not that far off. He encouraged the Council to go out and take a look at it. Councilmember Thompson wondered if it could just be part of the parking lot as long as it is striped rather than have him put in a whole road. Mayor Burrows wondered if that would give the project enough parking.

Danielle Peterson talked with the Council about rezoning property for kennels. She stated that the Council was favorable of doing this when she was in before. She is looking at renting the building on 400 South Main. She wondered if they would be able to change the zoning to allow here business there. The Council indicated that it would be good to start that process with the Planning Commission.

23. MEETING ADJOURNED. At 9:17 p.m., Motion: Adjourn, Action: Adjourned, Moved by Tanner Thompson, Seconded by Todd Gleave. 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 12th day of April 2022.