04.12.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
April 12, 2022

Minutes of the Richfield City Council meeting held on Tuesday, April 12, 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.

OPENING REMARKS
PLEDGE OF ALLEGIANCE
ROLL CALL
MINUTES APPROVED
INTRODUCTION OF GREG JENSEN
UPDATED AGREEMENT WITH THE RICHFIELD SENIOR CITIZENS APPROVED
ARBOR DAY PROCLAMATION APPROVED
MIXED-USE FOR ANDREW HERMANN AT 104 NORTH MAIN (“THE VAULT”) APPROVED
CONSENT TO FUTURE IMPROVEMENT DISTRICTS FOR 440 N 600 E APPROVED
CONSENT TO FUTURE IMPROVEMENT DISTRICTS FOR 735 N 750 E TABLED
PLANNING COMMISSION REPORT
PUBLIC HEARING – TRIPLE J ANNEXATION
PUBLIC HEARING – JENSEN ANNEXATION
PUBLIC HEARING – ANNEXATION POLICY
ORDINANCE 2022-15 ADOPTED
ORDINANCE 2022-16 ADOPTED
PEARSON UNITED CONDOMINIUM AND OVER-NIGHT STAY PROJECT APPROVED
ORDINANCE 2022-11 ADOPTED
BID ON THE 100 WEST WATER PROJECT TABLED
RESOLUTION 2022-8 ADOPTED
NAME FOR THE NEW PARK
OTHER BUSINESS
EXECUTIVE SESSION
RECONVENE & ADJOURN

OPENING REMARKS were offered by Kip Hansen.

PLEDGE OF ALLEGIANCE was led by Stan Poulson.

ROLL CALL. Present: Mayor Burrows), Todd Gleave, Kip Hansen, Elaine Street, Michele Jolley, Brayden Gardner. Excused: Tanner Thompson, Tyson Hansen.

MINUTES APPROVED. The Council reviewed the minutes of the meeting held on March 22, 2022, and made the following correction. Councilmember Gardner stated that on page 3 at line 2, the word “said or stated” needed to be inserted following “Mayor Burrows.” Motion: Approve the minutes of the meeting held on March 22, 2022, Action: Approved, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

INTRODUCTION OF GREG JENSEN. Mr. Jensen stated that speaking at the County Convention was a fun opportunity for him. He stated that every community in our County has elected officials and they need to be listened to and heard. He thinks that listening is so important because the elected officials are elected to represent the people in their communities.

UPDATED AGREEMENT WITH THE RICHFIELD SENIOR CITIZENS APPROVED. The Council reviewed the agreement with the Senior Citizens. The Seniors get money from renting the building to help pay for the utilities, internet, and the minor maintenance of the building. Councilmember Gleave asked to who they rented the building. Georgette Harvey stated that they usually rent the building to families and a few other groups. They only have Friday, Saturday, and Sunday to rent the building. Councilmember Gleave would be good with increasing the annual payment to $3,000 since it has been 10 years since any adjustment has been given and the costs have gone up considerably. Councilmember Street and Councilmember Hansen thought that the term of the agreement should be 3 to 5 years instead of 10 years. The Council felt that it should be addressed in 3 years. Motion: Approve the lease agreement with the Richfield Seniors with the items as discussed. Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

ARBOR DAY PROCLAMATION APPROVED. The Council reviewed a proclamation to declare Arbor Day in Richfield on April 29, 2022, with activities that have been planned by the Youth City Council. Councilmember Gleave read the proclamation. Motion: Approve a Proclamation declaring April 29, 2022, as Arbor Day in Richfield, Action: Approved, Moved by Todd Gleave, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

MIXED-USE FOR ANDREW HERMANN AT 104 NORTH MAIN (“THE VAULT”) APPROVED. Mr. Hermann was present to discuss his plans for this building. He is looking at some type of restaurant on the first floor, offices on the 2nd floor and some apartments on the 3rd floor. Motion: comprising a restaurant, office spaces, and apartments, Action: Approve, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

CONSENT TO FUTURE IMPROVEMENT DISTRICTS FOR 440 N 600 E APPROVED. Councilmember Gardner declared a conflict of interest. The Council discussed the two other buildings that have already been built on this property and if we addressed the improvements on 400 North when they were constructed. We did discuss this and granted consent to the future improvement district on this side of the project. The developer did put a sidewalk in and an asphalt shoulder. Motion: Approve a consent to future improvement district for property located at approximately 440 N 600 E allowing improvements to be delayed until surrounding improvements are installed or a special improvement district is created, Action: Approved, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

CONSENT TO FUTURE IMPROVEMENT DISTRICTS FOR 735 N 750 E TABLED. as discussed by Tom Bogh. The Council discussed this property and Councilmember Gardner pointed out that there is a curb and gutter on the corner lot to the north and is in the Ideal Acres subdivision. There is a home on the lot to the north, but there is no curb and gutter in front of that home. He was concerned that if we grant the waiver, would it be forgotten. There is no curb and gutter on the east side of that street either. Councilmember Gleave asked what Mr. Bogh is doing with the property. Mr. Bogh is building a home for a nephew. Councilmember Hansen did not want to kick the can down the road, but he has not had the opportunity to look at this. Motion: Table consent to future improvement districts for property located at approximately 735 N 750 E allowing improvements to be delayed until surrounding improvements are installed or a special improvement district is created, Action: Tabled, Moved by Kip Hansen, Seconded by Elaine Street.

Mr. Bogh asked when the Council would decide on this. Councilmember Gleave felt that Councilmember Hansen is right and he hates to push this out any further, but too often we make decisions because we are pushed a little bit, and if we have a question, it is too bad because there is something we do not know. He would like to take a look at this and get a better idea of what we are looking at. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

Mr. Bogh was frustrated that the Council would approve the one consent and not the other one.

PLANNING COMMISSION REPORT. Josh Peterson was present to represent the Planning Commission. He stated that they had some general plan discussions and also discussed the County’s transportation plan.

They discussed allowing casitas or accessory dwelling units on one-acre and five-acre lots. They would be restricted to family members.

They held a public hearing on the annexation policy relating to the surrender of water shares and a public hearing to discuss the setbacks in residential zones. The Planning Commission had some questions on the sheet that describes the clear view area. They felt they needed to look at this a little more so they could determine what effect changing the setback to 20 feet would have on corner lots and the clear view area.

The Planning Commission recommended that the Council amend the annexation policy for water shares.

They approved a short-term rental at 246 W 800 S. A home occupation was granted for Lana Hansen to operate a photography studio in her home at 1855 Cove View Road.

A business called C & K Country Creations was granted a conditional use permit to operate at 24 W 100 S.

Pearson United presented plans for a condominium and overnight stay project on 100 W between 500 and 600 S. They were approved to operate as mixed-use.

Shad Peterson proposed the construction of a building in the Richfield Business Park for the sale of photography props, an office, and a studio. His plans were approved as a conditional use.

Sinisha Kostich was granted permission to have 2 apartments in the basement of the old church at 100 N and 300 E.

Andrew Hermann was granted a conditional use for a mixed-use including a restaurant/reception hall, offices, and 4 apartments at 104 N Main (formerly known as “The Vault”).

Henry Barlow requested a conditional use permit to operate a meat packing/processing plant at 2200 South Read Hills Dr. The Planning Commission granted a conditional use permit to Mr. Barlow.

PUBLIC HEARING – TRIPLE J ANNEXATION. At 7:47 p.m., Mayor Burrows opened a public hearing to receive comments on a proposed annexation owned by Triple J LLC for property located at approximately 1095 W 1350 S. Mayor Burrows explained that this property is located south of Wingers and west of Home Depot. Hearing no comments, Mayor Burrows closed the hearing at 7:47 p.m.

PUBLIC HEARING – JENSEN ANNEXATION. Mayor Burrows opened a public hearing at 7:48 p.m., to receive comments on a proposed annexation owned by Jared Jensen for property located at approximately 590 S 100 E. Mayor Burrows explained that Mr. Jensen is proposing the construction of an RV Park on this property that is located directly behind the Ville 647.

Someone asked how the property would be accessed. It will be accessed from 800 South and 100 East. Councilmember Gleave understood that Mr. Jensen would have vehicles enter on the north end and exit on the south end.

There was also some discussion about 100 East and that City staff would like to see the bridge over the canal installed that part of the street reopened. It would help with the 4th of July parade because we could lengthen the parade route if we have 100 East to detour traffic around. Councilmember Gleave felt that this would take a lot of pressure off 400 West and College Avenue. Mayor Burrows did speak to the property owner to the north who has a triangular piece of land that would help with the realignment and he would be open to that, but that is as far as the discussion has gone. Mayor Burrows felt that the property owner would be willing to work with the City if we chose to do this in the future. Mayor Burrows closed the hearing at 7:50 p.m.

PUBLIC HEARING – ANNEXATION POLICY. Mayor Burrows opened a public hearing at 7:51 p.m., to receive comments on a proposed amendment to the General Plan Annexation Policy for water shares to annex property. Mayor Burrows noted that the Council has implemented an impact fee to cover the requirement of water for annexation. The hearing closed at 7:51 p.m.

ORDINANCE 2022-15 ADOPTED. The Council reviewed an ordinance to rezone property owned by Pearson United, located at approximately 100 West between 500 and 600 South as RM-24 (high-density multi-family residential) and CS (commercial shopping). The south portion of the property which would include one building will be zoned commercial so that it can be used for extended-stay through the Quality Inn hotel. Motion: Adopt Ordinance 2022-15 rezoning the property located at 100 West between 500 and 600 South to high-density multi-family residential (RM-24) and the south portion zoned commercial shopping (CS), Action: Adopted, Moved by Todd Gleave, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

ORDINANCE 2022-16 ADOPTED. The Council reviewed an ordinance that would clarify the point of measurement for the height of buildings in the multi-family zones. The amendment states that the height restriction in the RM-11 and RM-24 would be 42 feet measuring to the highest peak of the roof, and there would be a maximum of 3 stories above ground. Motion: Adopt Ordinance 2022-16 amending the height restriction in the RM-11 and RM-24 to 42 feet measuring to the highest peak of the roof, a maximum of 3 stories above ground, Action: Adopt, Moved by Todd Gleave, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

PEARSON UNITED CONDOMINIUM AND OVERNIGHT STAY PROJECT APPROVED. The Council reviewed the proposed project and the Planning Commission recommended that the Council approve a conditional use for the property with the south portion identified for a mixed-use. Motion: Approve a condominium and overnight stay project as a conditional use with the south part of the project being approved as a mixed-use, Action: Approve, Moved by Todd Gleave, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

ORDINANCE 2022-11 ADOPTED. The Council reviewed an ordinance that would establish standards for metal buildings in non-residential zones. The ordinance designates some roads where metal buildings would be required to have some design standards. The preferred finishings would include masonry, decorative wood, stone, or decorative metal panels. The Planning Commission and City Council would approve the finishings as part of the project plan. Other finished could be allowed with a recommendation from the Planning Commission and approval by the City Council. The ordinance also determines when discouraged finishes could be allowed. Motion: Adopt Ordinance 2022-11 establishing standards for metal buildings in non-residential zones, Action: Adopted, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave.
Excused: Tanner Thompson.

BID ON THE 100 WEST WATER PROJECT TABLED. Keith Mogan discussed the project to replace the water line on 100 West from Center Street to 100 South. He stated that we have had 4 leaks on this line in this block just in the past 1 ½ years. The road is not in great shape and if we replace the water line we will need to replace all of the asphalt the whole length from the curb out approximately 15 feet wide. He discussed the two bids for the waterline and stated that the bids did not include the replacement of the asphalt. The estimated cost from Hales Sand and Gravel for the asphalt replacement is $40,000 to $63,000. This is almost double what we paid last year. We would be looking at a total cost for this block of over $120,000. Mr. Mogan recommended that we hold off doing this project until we see what is going to happen with are American Rescue Plan funds.

Councilmember Gardner asked if it would make sense to install a smaller line since there are only 2 users on that line. Mr. Mogan explained that if we replace the line we have to install an 8-inch line which is the minimum size allowed. Motion: Table the award of the bid for the 100 West water line project, Action: Table, Moved by Brayden Gardner, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

RESOLUTION 2022-8 ADOPTED. The Council reviewed the Municipal Wastewater Planning Program Annual Report. Mr. Mogan explained that there is a requirement for it to be accepted by the Council. Motion: Adopt Resolution 2022-8 accepting the Municipal Wastewater Planning Program Annual Report as presented, Action: Adopted, Moved by Elaine Street, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

NAME OF THE NEW PARK. Motion: Approve the name of the new park, as Nielson Warm Springs Park, Action: Approved, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

OTHER BUSINESS. Councilmember Hansen noted that when the water and sewer impact fees were adopted, we discussed going back and looking at a recreation impact fee. Mayor Burrows stated that we are working on a recreation impact fee, as well as a public safety impact fee.

The Council was invited to a Regional Growth Summit sponsored by the Six-County AOG. The meeting is set for the same night as a regular Council meeting, May 10th. The Council decided to cancel their regular meeting and to reschedule the meeting for Monday, May 9th at 7:00 p.m.

The State passed a bill that recognizes Juneteenth as a holiday. It will be observed as a Federal holiday this year. The Council would look at amending the policy to observe this holiday.

At 8:18 p.m., Councilmember Thompson joined the meeting through zoom to hear the discussions in the executive session.

EXECUTIVE SESSION. Motion: Adjourn to convene a closed session to discuss the character, professional competence, or physical or mental health of an individual to serve on the Library Board, the purchase of real property, and a litigation matter. Action: Adjourn, Moved by Brayden Gardner, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

RECONVENE & ADJOURN. Motion: Reconvene and adjourn, Action: Adjourn, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave, Tanner Thompson.

PASSED and APPROVED this 26th day of April 2022.