05.09.23 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
April 11, 2023

Minutes of the Richfield City Council meeting held on Tuesday, April 11, 2023,
at 7:00 pm 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. PUBLIC COMMENTS
6. ARBOR DAY PROCLAMATION ADOPTED
7. YOUTH CITY COUNCIL ANNUAL REPORT
8. PLANNING COMMISSION REPORT
9. PUBLIC HEARING – REZONE 1080 SOUTH COVE VIEW ROAD
10. PUBLIC HEARING – REZONE 264 NORTH 600 EAST
11. PUBLIC HEARING – MOUNTAIN STATE ANNEXATION
12. ANNEXATION ORDINANCE 2023-2 AND NOTICE OF IMPENDING BOUNDARY ACTION ADOPTED
13. ANNUAL REPORT FOR THE GOLF COURSE
14. FENCE APPEAL APPROVED – WAIVER OF IMPROVEMENTS DENIED
15. HENRY BARLOW’S REQUEST FOR CITY PARTICIPATION SEWER LINE WAS DISCUSSED
16. NON-RESIDENT FEE FOR CEMETERY SPACES DISCUSSED
17. PURCHASE OF 2014 INTERNATIONAL APPROVED
18. OTHER BUSINESS
19. MEETING ADJOURNED
20. OPENING REMARKS were offered by Councilmember Hansen.
21. PLEDGE OF ALLEGIANCE was led by Councilmember Gardner.
22. ROLL CALL. Present: Mayor Burrows, Brayden Gardner, Kip Hansen, Elaine Street, Tanner Thompson, Michele Jolley, Tyson Hansen.
23. MINUTES APPROVED. The Council reviewed the meeting minutes held on April 11, 2023. Motion: Approve the meeting minutes for April 11, 2023. Action: Approved, Moved by Tanner Thompson, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson.
24. PUBLIC COMMENTS. No public comments were made.
25. ARBOR DAY PROCLAMATION ADOPTED. The Council reviewed a proclamation that was read by Councilmember Street declaring April 28 as Arbor Day in Richfield. Gabi Bruse, Youth City Council Mayor, talked about the festivities the Youth City Council has planned for kids and families at the City Park from 2:30 to 4:30 pm. Motion: Adopt a Proclamation declaring April 28 as Arbor Day in Richfield, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson.
26. YOUTH CITY COUNCIL ANNUAL REPORT. Erin Thompson, the advisor for the Youth City Council, discussed some things the Youth City Council has done throughout the year. They received a grant from the Central Utah Health Department of $7,300 toward their activities and another grant through the dept of workforce services. It paid for the Youth City Council members to attend a conference at Utah State University.

Gabi Bruse talked about a highway cleanup they performed with the Lions Club. In addition, they participated in Christmas Tree Lane by entering two trees. They also had the opportunity to attend the Local Officials’ Day at the Legislature.

Kianna Byers told the Council about their experience at Local Officials’ Day, where they were given many recommendations and were able to build their own town. Then, in August, they had a fundraiser at the County Fair overseeing the bounce houses, allowing them to help kids have fun and connect as a group.

Liesel Steele reported on the Fall Retreat, where they had a bar-b-que and went to the Sigurd Corn Maze. In November, they held a Turkey Shoot at the Middle School, and as part of the health center grant, they passed out water bottles with drug-free stickers on them. The Youth City Council wanted to put together a youth resilience assembly to help youth bounce back from the trials that happened in their lives. They came up with some attention-getters to get their message to stick with the kids. They divided up into committees, with each having an assignment. One committee was in charge of sharing personal stories. They worked on this for the past three months.

Hadley Terry talked about how they presented the assembly at the Middle School to the Hope Squad and their advisors. She felt that it was very well received because of the hands-on activities they used to teach the theme of resilience. In December, they had a Christmas Social where they played games, watched movies, and had dinner, which helped them grow closer together as a team.

Another member of the Youth City Council talked about the Team Summit at Utah State University and stayed in the dorms for a few days. They learned leadership skills and grew closer together as a Council. For the Fall and Spring Festivals, they participated by teaching line dancing to those in attendance.

Spencer Thomas stated that they held a food drive where they worked with the middle and elementary schools to collect food for the local food bank. They also planned and had an easter egg hunt at Lions Park.

Councilmember Thompson recalled the Youth City Council planning to paint a mural on the water tank. Erin Thompson talked about the challenges they faced. The tank preparation was $42,000, and the mural would have cost an additional $60,000. They had planned for it to cost $50,000 with community participation and some fundraising.

Mayor Burrows asked if all the Youth City Council members were returning next year. Of the current Youth City Council members, five are seniors, and seven have committed to return next year. They are currently taking applications for new members.

8. PLANNING COMMISSION REPORT. Kendrick Thomas reported on the Planning Commission meeting last Wednesday. They had three public hearings, and he reported on the actions taken by the Planning Commission.

Hope and Chase Christensen requested a rezone for the 264 North 600 East property from RM-11 to RM-24. The Planning Commission recommended the zone change. There was also a request to waive curb, gutter, and sidewalk improvements on this property. Mr. Thomas noted that this is a similar request to the one made for Donavan Allen’s development. Some Commission members felt strongly that the improvement should be installed because we want our developments to be complete when they are finished. However, the official recommendation was to be consistent and do what was done for Allen’s development. Another item dealing with the Christensen project was the fencing requirement. The ordinance requires a masonry fence or another material approved for the condition or situation. Mr. Thomas stated they could have had another type of fence that would be a solid fence, but the Planning Commission felt that it needed to be a masonry fence, so that is what was required.

The Planning Commission heard a request to rezone 1080 South Cove View Road for Ryan Hales from Commercial shopping CS to high-density multi-family residential RM-24. It was recommended for Council’s approval.

They discussed RM-24 standards and limiting each project to a maximum of 3 acres and 60 units and recommended the Council adopt these standards. The distance between these developments would be based on the acre. Projects on 1 acre or less to be a distance of ¼ mile or 1,320 feet. Projects on 1 to 2 acres to be a distance of ½ mile or 2,640 feet. Projects on 2 to 3 acres to be a distance of no less than ¾ mile or 3,960.

A conditional use permit was approved for a short-term rental at 482 West 2200 South, owned by Caden Christensen. He also wanted to conduct a mobile repair and equipment rental business at his home, and the Planning Commission approved both with the condition that he has at most four pieces of equipment on the property.

Daphne Duhart was approved for a conditional use permit to conduct a dog grooming business on 830 South Cove View Road.

A conditional use permit for a lawn care business for Brandon Chadwick at 666 East 500 North with the condition that the equipment is stored inside and no employees would park on the street.

9. PUBLIC HEARING – REZONE 1080 SOUTH COVE VIEW ROAD. At 7:38 pm, Mayor Burrows opened a public hearing to receive comments on a request to rezone property located at 1080 South Cove View Road from commercial shopping CS to multi-family RM-11. Hearing no comments, Mayor Burrow closed the hearing at 7:38 pm.
10. PUBLIC HEARING – REZONE 264 NORTH 600 EAST. At 7:38 pm, Mayor Burrows opened a public hearing to receive comments on a request to rezone property located at 264 North 600 East from RM-11 to RM-24. Chase Christensen explained that they were initially going to do a duplex, but given the increase in the cost to build and interest rates, they would like to build a four-plex instead. Hearing no other comments, Mayor Burrows closed the hearing at 7:40 pm.
11. PUBLIC HEARING – MOUNTAIN STATE ANNEXATION. Mayor Burrows opened a public hearing at 7:41 pm to receive comments on a proposed annexation of property at approximately 1805 North Main Street owned by Mountain State Contractors, Inc. Hearing no comments; Mayor Burrows closed the hearing at 7:41 pm.
12. ANNEXATION ORDINANCE 2023-2 AND NOTICE OF IMPENDING BOUNDARY ACTION ADOPTED. The Council discussed an ordinance to annex the property owned by the State Institution of Trust Lands between 500 South and 1000 South and 100 East and 300 East. In addition, they considered the request to zone the property high-density multi-family residential RM-24.

Councilmember Thompson asked how many acres are included in this annexation. It was noted that the annexation consists of 30+ acres. Councilmember Hansen believed that Roberts Rules of Order would allow this to be split into two motions. Motion: Address the annexation and zoning for the property separately, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson.

Councilmember Hansen stated that if the Council does not act on the zoning for this property, it would be zoned the default zone of RR-1 when annexed.

Motion: Adopt Ordinance 2023-2 annexing the property owned by the State Institute and Trust Lands and Notice of Impending Boundary Action, Action: Approved, Moved by Tanner Thompson, Seconded by Brayden Gardner.

Mayor Burrows asked if we annex the property and it is not given the requested zoning, could they opt out of the annexation? He was concerned that they were under the assumption that they were going to be zoned RM-24. During the public hearing, the Council felt it was clear that they did not favor zoning this property RM-24. Councilmember Thompson noted they did say at that meeting that they were open to getting creative as well.

Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson.

Motion: Deny the request to zone the property RM-24 and zone the property as rural residential RR-1 as stated in the Annexation Policy until a request to rezone the property to a more favorable zone, Action: Denied, Moved by Kip Hansen, Seconded by Elaine Street.

Councilmember Thompson likes the concept but wants it to be understood like we are throwing their request back in their face. He would like to have it worded, so the intent is that the Council wants this property to come in neutral so we can have more discussion and come to a consensus of what works best for both parties.

Councilmember Gardner thought there was something about the zoning for the property being annexed if, by default, it could obtain the zoning of the property that it is most contiguous with. His concern is that if we do nothing, could the property pick up the RM-11 zone that Eagle View Townhomes has? His point is that we want to avoid ending up with an RM-11 zoning because it is contiguous to that zone.

The annexation policy states, “The City should zone all future annexed properties as low-density residential or agricultural upon annexation until a suitable plan for development is approved.”

Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson.

13. ANNUAL REPORT FOR THE GOLF COURSE. Todd Mullen discussed the golf course and revenue over the past three years. He noted that in 2022, even with very little revenue in November and December because of the weather, we still saw an increase in the number and amount of passes, rounds, rentals, and food and beverage sales.

The irrigation system needs to be improved, and some complaints we get from people are that the golf course could be in better shape. So we are working on applying for some grant funding to redo the irrigation system, which needs to be done. It is going to be a big undertaking when we do it. They are going to build some new T-boxes for the ladies.

Golf, in general, has been going well everywhere. COVID was good for golf. Mr. Mullen explained that he is not proposing an increase in fees this year because he does not feel we should increase the prices so much that it is out of bounds for people to play golf. Mayor Burrows stated that we are at the even mark and feels it is a great place to be. He wants to see people be able to play. Mr. Mullen stated that we do need to look at new carts. With the increase in play, our carts take a beating, so he is getting some cart prices. We are looking at replacing our fleet in the next year or two.

We will be hosting the 1A State Championship on May 15, 2023. We had the 3A State Championship here in the Fall. The PGA Juniors are having a tournament here in June, including about 100 kids.

14. FENCE APPEAL APPROVED – WAIVER OF IMPROVEMENTS DENIED. Chase and Hope Christensen requested a waiver of street improvements for the 264 North 600 East property and appealed the Planning Commissions’ requirement for a masonry fence. Chase Christensen would like the City to allow them to delay the installation of the improvements, similar to what the Council did for Donavan Allen. They would also like the Council to allow them to install a composite fence instead of a masonry fence. They will live in one of the units and want them to look nice.

A masonry fence costs $80 a square for the lowest grade cinderblock, totaling $40,000 for just the block. From his research, the cost to install the masonry fence is often as much or more because it is labor intensive. On the other hand, a composite fence is solid, looks nice, has a good durability rating, and the labor cost is drastically less. The materials for a composite fence cost $13,500 to $14,000.

Mayor Burrows stated that two weeks ago, we were going to continue to require the installation of the improvements. He wondered where we were going to be on this going forward. Mayor Burrows was perplexed why the Planning Commission would recommend waiving the improvements. Mr. Thomas stated that the recommendation from the Planning Commission was to be consistent with what we did for Donavan Allen. Mayor Burrows noted that if we are consistent with those requirements for this one, when do we start following the ordinance, or do we need to change the ordinance? We keep jumping from one side of the fence to the other, and bad things can happen when we do this. Mr. Thomas thought it ought to be pretty severe, extenuating circumstances to allow a waiver. The principle is that we want projects to be completed. Councilmember Hansen thought we were talking about something other than a waiver; we were talking about a timeline of when those improvements must be completed. That is a different thing.

Councilmember Thompson stated that we needed to follow the ordinance. The reason Mr. Allen was given an extended timeline was that Mr. Allen thought there was going to be development around him, and if those things happened, then it would change the plans. So, are we going to write a blank check to anyone and say we will give you five years? Councilmember Hansen noted the problem with five years is who will show up and say, ” Okay, it has been five years, so that the improvements will be installed now. It will not happen that way; it will be something that we will have to track.

Councilmember Hansen stated that he does not favor waiving the street improvements. Councilmember Thompson asked why the Council should waive the street improvements. Mr. Christensen said that they are not necessarily dead set on the street improvement action. Their focus is the block fence. They have talked to Jeff Brown, the property owner to the north, and he told them that he would not do anything with the property any time soon. So, if they put the improvements in, it will be a curb and gutter in the middle of the block with nothing on either side. Whites are not going to do anything, either, so getting a timeline on the curb and gutter would be ideal.

Councilmember Hansen would be amenable to approving a different type of fencing. Mr. Christensen was told that the new Six County building was not required to put in a cinderblock fence. They were approved for a different type of fence, and it is a commercial property next to a residential property. Councilmember Hansen suggested that we may be to the point where we need to change our ordinance as we did with the building materials for metal buildings.

Motion: Allow a composite fence instead of a masonry fence and deny the waiver of sidewalk, curb, and gutter, Action: Approve, Moved by Tanner Thompson, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson. Excused: Todd Gleave.

Mayor Burrows addressed Mr. Thomas of the Planning Commission, stating that we need to change the fence ordinance to allow composite fencing.

15. HENRY BARLOW’S REQUEST FOR CITY PARTICIPATION SEWER LINE WAS DISCUSSED. Mr. Barlow stated that they completed a survey on Redhills Drive and found that they could pick up a few other properties that could connect to this sewer line.

Mr. Barlow noted that some of the discussion last time was if a 6-inch line could be installed rather than an 8-inch line. The benefit of a 6-inch line would be that they could work inside the fences on I-70, which would not require the line to be cased. Based on the engineering, a 6-inch line would be more than adequate. It would only be 6-inches under the freeway, and Mr. DeMille explained that with the slope that exists across the freeway, a 6-inch line would carry more than double the capacity of an 8-inch pipe, so it should not be an issue as long as the State and the City buy off on it. Mr. DeMille noted that the manholes would be about 400 feet apart, which is less than the State’s requirement. The City does prefer a span of 250 feet between manholes because it is what our equipment can clean it.

Councilmember Hansen asked if we would have concerns about BOD loads because of the type of business Mr. Barlow will be conducting. He would favor eliminating the septic tank, but he also understands the nature of these types of businesses, and we do not want to cause a wreck in our sewer lagoons.

Mr. Barlow stated that he has had to make some major upgrades to all four utilities: power, gas, sewer, and water. With all these expenses, he is hoping that the City will help with the sewer line. Councilmember Hansen asked how much Mr. Barlow was talking about. Mr. Barlow stated that the cost estimate if he is allowed to install a 6-inch line under I-70, is $600,000. He asked that the City consider paying half of the cost.

Mr. DeMille stated that they have not come up with an equitable way to assign some of the cost to the other properties that could connect to the line. He thought ERCs would be the best way to come up with a cost.

Mayor Burrows asked for the cost estimate for just the line under I-70. Mr. DeMille indicated it would cost $300,000.

Mr. Hansen was asked about the finances and indicated that our sewer fund is unhealthy. He said that there is not $500,000 that is unrestricted in the fund balance. He did not think that this would fit with the sewer lagoon project because we represented that we would be replacing old lines, not installing new ones.

The City could look at creating a reinvestment area to use tax credits to build the sewer line, but the County and the School District would have to agree to allow the taxes to pay for this. Mayor Burrows suggested that the problem is that no more growth can happen out there because it ends just beyond Mr. Barlow’s property.

Other potential funding sources were discussed. Councilmember Gardner did not see how the City could participate in the cost of this project because the funds were not there. He did not believe it would serve a big enough area unless we could find some other revenue or grant.

Mr. Barlow felt that for a business that is going to bring in this kind of people– the support in other cities and counties would be things that they would figure out for the infrastructure. Councilmember Hansen would like to see us dig deeper and see what options are out there. He did not know how much we would be willing to spend to do that. Mayor Burrows does not have a problem looking into this, but we are looking at a building in town now that we put a pretty good amount of money into helping that develop, and it does not have a soul in it.

Mr. DeMille stated that USDA could be an option, but the City would have to be the sponsor.

16. NON-RESIDENT FEE FOR CEMETERY SPACES DISCUSSED. The Council reviewed the current fees for the purchase of spaces by non-residents. The increase in the non-resident fee is being considered because more people are going to the rural areas. After all, the spaces are less expensive than the ones on the Wasatch front. They reviewed what some of the surrounding cities were charging. Because of this, Manti, Mayfield, and Parowan have increased their non-resident fees. After looking at this fee, the Council wondered if there were other cemetery fees that we should look at. Mayor Burrows noted that it had been a while since we increased the cemetery fees. The staff will contact other communities and see what they are charging and bring it back to the Council to discuss.
17. PURCHASE OF 2014 INTERNATIONAL APPROVED. Keith Mogan informed the Council of a 2014 International for the Public Works Department that was available on the government bid website. The Council told Mr. Mogan to keep chasing this and see what he could do.
18. OTHER BUSINESS.Keith Mogan reported on the 500 North project that got underway this week. They had to fix several leaks when the asphalt was removed because the service lines were bad, and the main line will be replaced. As we go forward with future road projects, we need to consider all the water lines that need to be replaced. We have roughly 118,000 linear feet of cast iron pipes in the ground, that would cost us 40 to 50 million dollars to replace. We assume a couple more soft spots on 500 North are leaks too. We may have to drive around on roads that are not great so we can get these water lines fixed.

Mr. DeMille stated that the City is losing a lot of water every year. But unfortunately, we do not know where the leaks are until they surface.

19. MEETING ADJOURNED. At 9:26 pm, Motion: Adjourn, Action: Adjourned, Moved by Tanner Thompson, Seconded by Brayden Gardner.Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson.

PASSED and APPROVED this 9th day of May 2022.