05.24.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
May 24, 2022

Minutes of the Richfield City Council meeting held on Tuesday, May 24, 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. APPOINTMENTS
5. MINUTES
6. USE OF INFLATABLES ON CITY PROPERTY DISCUSSED
7. ORDINANCE 2022-21 TABLED
8. ORDINANCE 2022-20 TABLED
9. AMENDED MEMORANDUM OF UNDERSTANDING WITH CSS COMPOSITES APPROVED
10. SETTLEMENT AGREEMENT AND RELEASE FOR THE WALMART PAYBACK AGREEMENT APPROVED
11. ANNEXATION ORDINANCE 2022-18 RE-ADOPTED
12. LOT SPLIT/SUBDIVISION FOR TRIPLE J, LLC APPROVED
13. ORDINANCE 2022-7 ANNEXING 1500 SOUTH RE-ADOPTED
14. BID FOR PAINTING AT THE LIBRARY APPROVED
15. PURCHASE OF NEW CHRISTMAS DECORATIONS APPROVED
16. TENTATIVE BUDGET FOR FISCAL YEAR 2022-23 ADOPTED
17. OTHER BUSINESS
18. EXECUTIVE SESSION
19. RECONVENE & ADJOURN
20. OPENING REMARKS were offered by Mayor Burrows.
21. PLEDGE OF ALLEGIANCE was led by Councilmember Thompson.
22. ROLL CALL. Present: Mayor Burrows, Todd Gleave, Kip Hansen, Elaine Street, Tanner Thompson, Michele Jolley, Tyson Hansen, Brayden Gardner.
23. APPOINTMENTS. Mayor Burrows asked the Council to appoint Lacy Echeveria to the library board. Motion: Appoint Lacy Echeveria to the Library Board, Action: Approved, 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.
24. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on May 9, 2022. Motion: Approve the minutes of the meeting held May 9, 2022, Action: Approved, Moved by Brayden Gardner, 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.
25. USE OF INFLATABLES ON CITY PROPERTY DISCUSSED. Erin Thompson discussed the use of inflatables on City property. She stated that there have been a lot of conversations about inflatables and how, in the past few years, children have died on them. Another issue is the damage that they do to our parks. Saratoga Springs allows them, but they require a 2-million-dollar liability policy with them named as an insured. We allow inflatables, but Mr. Edwards wants to require an insurance policy from either the inflatable company or the individual who is using them in the parks. Three cities no longer allow them even with an insurance policy because it was a lot of hassle and the people would just do whatever they wanted, so Smithfield, West Valley City.

Salt Lake County allows them, but they are specific about where they can be located and power along with staking to drums or sandbags provided by the company. Councilmember Thompson asked if our current policy is to require insurance with the City named as an insured.

Councilmember Hansen asked about the inclusion in the policy of rock climbing walls and dunk booths are the same as the inflatables, noting that they are included in the proposed policy also. He read from the policy where it stated that water slides, dunk booths, animal rides, or rock climbing walls are allowed.

Mrs. Thompson stated that the problem with waterslides is the damage caused by their usage, such as broken taps and the large ruts created by vehicles pulling on the lawn where the slide has been. It takes time for the lawn to recover from the damage done by the slides being there.

Councilmember Gleave could see a couple of issues with this. If we pass this, we should not just ask for insurance from the bounce house company because they are going to get sued, the event will get sued and the City will get sued. The insurance that the bounce house company has is not going to cover the event liability. We need to have insurance for both. Mrs. Thompson stated that Mr. Edwards would just prefer not to allow them.

Councilmember Hansen is a little bothered by this. What is the 4th of July without a dunking booth? He understands that we live in a litigious world and things change, but what a shame and to just say we are going to ban them. He is sure that the Utah National Guard has adequate coverage when they bring in rock walls and set them up for recruiting. He does not like all the things we are trying to slip in there.

Councilmember Gleave stated that we are not leaving a whole lot of options for booths to come onto the park. He felt that we need to think about this. He does not think that the insurance requirement is unreasonable. If a bounce house company came on the 4th of July and they put up the bounce houses to charge money, they would have insurance. If he wanted to have a birthday party and wanted to have a bounce house come, he could get a special events policy through my homeowners’ insurance company. People need a little time to make that happen, but it is not unreasonable.

Motion: Table use of inflatables on City property, Action: Table, 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.

7. ORDINANCE 2022-21 TABLED. The Council reviewed an ordinance to rezone the property owned by Jake Black and Adam Albrecht as RM-11 (multi-family residential). Mr. Black stated that given the comments at the last meeting they had decided to propose a different layout. The lots that back the existing homes are proposed to be single-family homes and additional lots for homes across the street. The upper part of the property will have townhomes on. They still believe that the RM-11 is still the best use for the property because of the flexibility it allows. It would provide a variety and help them work around some of the constraints like the fire code.

The fire code is black and white in terms of 30 units and it does not specify existing conditions or a lot of other things like commercial projects. It only talks about residential which is up for interpretation because there is no way it can account for every scenario.

Mayor Burrows asked about the number of units they could have if the development was multi-family. Mr. Black stated that they could have up to 100 units in this kind of a zone.

Councilmember Hansen talked about phasing and as he looks at this whole project, he felt that it is evident that the road that stops indicates that the original developer’s intent was to have a phase II. Mr. Betar stated that he built the road in front of his house. He said it was a one-lot subdivision. He bought the property from Brooks Poulson who told him that he had to develop it just like Mr. Poulson had to. Mr. Betar put in the utilities and the road.

Councilmember Gleave asked where the road ended before that. Mr. Betar stated that it ended at the end of his neighbor’s lot. Regardless of this, there was still property up there that was owned by the same people and he would still think that they were planning on developing that. That does not really matter because they did not.

Mr. Black explained that the lots which would be utilized for the single-family would have a lot size of 8,000 square feet minimum. This will lower the unit count by almost 30% and it provides a nice buffer between the existing homes and the townhomes. He pointed out that with the new concept they have maintained a looped road system because it was important to the fire marshal to keep the road looped so there is circulation.

They have been working with Brian Nay to make sure that he has access to his piece of land. Mr. Black stated that the Council would still have full control to govern because they would have to come back to the Council for the townhomes because they are a conditional use.

Councilmember Gleave stated that he is concerned because if they make this an RM-11 zone they would still lose some control because they could sell the property and someone could come in and build an apartment complex and we would not have control. Mr. Black stated that the Council would have control because they would have to come in with a subdivision plan to do an apartment complex.

Councilmember Hansen pointed out that this would be a permitted use in this zone. He had a couple of thoughts about this. He likes the general idea of having single-family homes and apartments, but really the issue is, does the Council agree with this proposed land use plan we have that designates this as a higher density area or do we not. If we pass that zone, it has nothing to do with Mr. Black’s project because that is all part of the project review and whoever ends up owning that property has the legal right to develop that within the realm of the RM-11 zone. He wondered about splitting the property into zones because then the Council would still have control.

Mayor Burrows stated that the concept presented shows 61 townhomes and 9 single-family homes or 70 units. It would be 71 units with Brian Nay’s property.

Mr. Betar stated that even with the revised concept plan there are still too many people trying to transit on not enough transportation routes. Also, he does not want the Council to approve a zone before we know what is going to be done with the property. He thinks this is backward. He would like to see them come up with a way to put more single-family homes there than the very strict interpretation of the fire code. He felt that this would be an area for some negotiation and wiggle room.

Councilmember Hansen stated that 300 West was built as a major feeder. There is a built-in bottleneck and that is the bridge. The school has nothing to do with this because we have school zones and this would still be a major collector. You just do not speed in a school and we have crossing guards out at the proper times. The only problem with that designation is the bridge itself. That is not their problem. It is an existing problem and that is something the City is going to have to deal with at some time. He said that the Council just needs to designate what the proper zone is.

Mayor Burrows would like to get the fire code clarified and single-family homes could be built there.

Councilmember Thompson stated that it makes no sense to him that 71 units could be built there if they were multi-family, but we could not build more than 20 single-family homes. Mayor Burrows has tried to delve into this because he thinks that the interpretation of this is not as black and white as it is written. Mr. Black agreed with Mayor Burrows but stated that they could not make the assumption that they would be fine. They went down the route with single-family with the Development Review Committee and there was concern about fire safety with the single point of access. Once they were made aware of this code, there was no way that they could turn a blind eye to it at that point.

Mr. Black wondered if they could do this with a unit count or a split- zone. Could they have a condition to a development plan with a development agreement that outlines everything from unit types to the number of units, something that is like a compromise between the City and the developer to get to a perfect solution that is not exactly defined in code? They are trying to find a good affordable housing project.

Mayor Burrows discussed the decisions the Council could make, noting that if this rezone is denied, it could not be addressed again for 1 year.

Councilmember Hansen does not want to get into a situation where we are trying to deal with any kind of a conditional use permit because he felt that this is a poor way to do any kind of land use planning. The development agreement would carry some credence in his opinion. He goes back to splitting the property because that would give the Council some control over how that can develop. There is no guarantee that Mr. Black will only be the developer of this property. He felt the Council has two options. If we do not want the whole parcel as a high-density zone, then we do nothing or look at a lot split which would accomplish what Mr. Black is wanting to do with a development agreement. It would cover what the Council’s main concerns are and give Mr. Black the ability to build a higher density on another portion of the property. He felt this would be a reasonable compromise.

Mr. Betar felt that there is a third option which is the developer could develop 20 normal size family homes. He suggested that it would be worth spending some time to really find out what legal liabilities the City would face if it interpreted the Code slightly more lenient to allow the developer to do a 20-lot single-family development there. He thought this would make more sense.

Councilmember Thompson asked Mr. Black if the would still be interested in doing single-family homes if this could be allowed. Mr. Black stated that if they could do R1-6, or if they could have R1-6 on the bottom half and RM-11 on the top half so they could still provide a variety of something like that, they would be open to that.

Mayor Burrows does not think that there is anyone who does not want to see this develop, it just creates a lot of issues with that much traffic. He would love to see just regular homes of similar-type homes go in there.

Councilmember Hansen noted that this is more a project review issue than it is a zoning issue. The Council needs to decide what the appropriate zone is for this property.

Councilmember Gardner is in favor of what Councilmember Hansen suggested. He would like to start with finding out if there are any variances in the fire code that could be worked through. After that, if they are stuck to 11 units, he would like to see a proposal for the lot split with the reduced units. Councilmember Hansen thought it sounded like the developers would be amenable to this. Mr. Albrecht stated that they would be amenable to this because right now they are just guessing to some degree. We do not know what the zone is going to be. They just need a general direction as to what the Council wants to see.

Councilmember Hansen stated that as we talk about the housing crisis, there is more of a middle housing crisis than anywhere else. The majority of the proposed development would do more with middle housing than anything else. The cost of the property is driving what we think in our minds is a traditional family home and we are going to have to adjust the way we think about things going forward. That first starter home in most cases is going to be a twin home or duplex just because the footprint it sits on is so cost-prohibitive. If we are going to allow people to provide these amenities to our community, we have to allow a place for that to happen and anywhere it happens is going to bring impacts. That is why we have adopted an impact fee schedule and why we are looking at adding some additional components to that because it does impact our infrastructure. It impacts policing, transportation, and everywhere within the municipal boundaries that we build homes; we are going to increase the traffic there. That is the reality of it. He would think that anywhere in town where something like this is proposed, we would get people to say that it is a great idea, but do not build it here. That is a hard thing. The traditional way of zoning is that we have to have the sliding from one density to another. He thought that this paradigm is going to have to shift. He likes this general proposal.

Councilmember Gleave asked Mr. Betar what he thought about the lot split idea and he stated that is a bad idea and he wants to explore until it is dead the idea of 20 single-family homes and maybe we zone some of it for smaller single-family homes. Ultimately, what it would boil down to in his opinion is how many cars are going to have to transit in one single spot. He would like to see this property developed. The residents decided to buy there based on the zone.

Mr. Hyatt stated that the whole discussion is that the property was purchased because of what it was zoned to do, yet after they have done this, they decide they need to rezone. He does not believe that is the Council’s responsibility to bail out the developer. He is not opposed to a compromise where there is more access. Having one road in with multiple units is not the right place.

Chief Lloyd stated that from a safety issue, that are a lot of cars on an extremely narrow street. It was noted that developments of a certain number would need to have a traffic study which could shed some light on what would be allowed there.

Councilmember Gardner wanted to clarify that if we table this, they can bring it back if they choose to do a lot split and if we deny it then it is done for a year.

Motion: Table Ordinance 2022-21, Action: Tabled, 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.

8. ORDINANCE 2022-20 TABLED. The Council discussed the rezoning of the property owned by Brian Nay as RM-11 (multi-family residential). Motion: Table the Ordinance 2022-20, Action: Tabled, 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.
9. AMENDED MEMORANDUM OF UNDERSTANDING WITH CSS COMPOSITES APPROVED. The Council reviewed an amended Memorandum of Understanding for the 100 East Street improvement project with CSS Composites. The amendment included some changes to the costs, with Patriot Storage being taken out of the agreement because they are doing their side of 100 East as part of their project and do not need to be included in the memorandum. Councilmember Gardner noted that there is about a $40,000 difference with the new memorandum being that much higher. This is due to the cost increases for additional work in the 1300 South intersection. Councilmember Gardner pointed out that he had miscalculated and the difference is only $6,000. Mr. Hansen stated that the City’s portion increased by $10,000. Motion: Approve the amended Memorandum of Understanding with CSS Composites, Action: Approve, Moved by Elaine Street, 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.
10. SETTLEMENT AGREEMENT AND RELEASE FOR THE WALMART PAYBACK AGREEMENT APPROVED. The Council reviewed the Settlement Agreement. Councilmember Gardner asked if this was the same proposal as previously presented to the Council and it was noted on page 2 of the agreement that it was the same. It states that the City will pay $25,000 to Walmart and the plaintiffs in the case will pay Walmart $40,000 to settle this matter. Motion: Approve the Settlement Agreement and Release for the Walmart Payback Agreement, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
11. ANNEXATION ORDINANCE 2022-18 RE-ADOPTED. The Council reviewed the ordinance to annex the property for Triple J, LLC. An error in the plat delayed the filing of the Annexation and required that the ordinance be readopted. Councilmember Gardner declared a conflict of interest because he sold the property. Motion: Re-adopt Ordinance 2022-18 annexing the property owned by Triple J, LLC, Action: Re-adopted, Moved by Elaine Street, 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.
12. LOT SPLIT/SUBDIVISION FOR TRIPLE J, LLC APPROVED. The Council reviewed a plat to split the lot or subdivide the lot that Triple J, LLC purchased west of Home Depot. Councilmember Gardner declared a conflict of interest. Motion: Approve the lot split/subdivision for Triple J, LLC., Action: Approved, Moved by Todd Gleave, 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 2022-7 ANNEXING 1500 SOUTH RE-ADOPTED. The Council reviewed the ordinance to adopt the property along 1500 South owned by the Richfield Municipal Building Authority, A&D Jensen, and JKL Construction. Motion: Re-adopt Ordinance 2022-7 annexing the 1500 South properties, Action: Re-adopted, Moved by Brayden Gardner, Seconded by Kip Hansen.
14. BID FOR PAINTING AT THE LIBRARY APPROVED. The Council reviewed 2 bids that we received to paint the outside trim at the Library. Mayor Burrows noted that in comparing the 2 bids, they were not apples for apples. White’s bid was $13,933 and Red Rocks’ bid was $37,285. Michelle Olsen stated that she had to have 2 bids. Mayor Burrows explained what he meant stating that one bid prices out painting the concrete stucco and all the trim and the other bid is just painting the wood surfaces. Councilmember Street stated that they are having problems getting businesses to give us bids and then follow through. We have the one business that is willing to do this.

Ms. Olsen stated that just need someone to do this work. Mayor Burrows understood that but again noted that what they have given bids for, is totally different. Red Rock gave a bid to paint everything; the concrete stucco, the wood, the windows, the dormers, and the doors. White’s bid for scrape prep and prime where needed for all exterior painting surfaces.

Councilmember Thompson stated that it looks to him like Whites just think they are painting the trim and they do not realize they are going to be doing the concrete stucco and doors.

Councilmember Hansen noted that Red Rocks’ bid was good for 10 days and it has been longer than 10 days. Ms. Olsen stated that she received a text message from them stating this bid would still be good.

Mayor Burrows stated that there is enough difference in the bids that he is concerned that they are not bidding to do the same work. He asked Ms. Olsen if she is confident that Whites has bid on all of the areas that need to be painted.

Motion: Approve the low bid from White’s Custom Painting for painting the Library with a bid of $13,933, 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.

15. PURCHASE OF NEW CHRISTMAS DECORATIONS APPROVED. The Council reviewed some new Christmas Decorations for Main Street. Mayor Burrows asked if we need to put new ones up where they are not lit. Mr. Mogan stated that they do not light from 600 South to 1500 South or north of 500 North. Councilmember Thompson asked if they are replacing decorations that are burnt out. They are new ones, so Councilmember Thompson asked if there are newer, cooler, latest, and greatest, but is there anything different.

Mayor Burrows stated that we have had the current decoration for about 28 years. Mr. Mogan stated that we originally looked to purchase 40, but in order to go from 600 South to 500 North, we would need to purchase 48. That would put 2 new ones per block on each side of the street. Motion: Approve the purchase of new Christmas decorations at an estimated cost of $22,109, Action: Approved, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Councilmember Thompson stated that if there is nothing cooler than this, then he will vote yes. Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

16. TENTATIVE BUDGET FOR FISCAL YEAR 2022-23 ADOPTED. The Council reviewed the tentative budget for fiscal year 2022-23. Councilmember Hansen noted that the Council had a good work meeting last week. Motion: Adopt the Tentative Budget for fiscal year 2022-23, Action: Adopted, 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. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
17. OTHER BUSINESS. Councilmember Thompson said that there has to be something about the cats because it is a real problem.

Councilmember Street had an idea for the Council float. She wondered if we wanted to honor Councilmember Kathy Christensen one more time because she was all about the 4th of July. She thought about blowing up a picture of her and putting that on the float. She thought of a saying for it. She asked the Council what they thought; if we should just let it go and do the regular float. Mayor Burrows thought that we maybe should just move on. Councilmember Gardner stated that he is a move-on kind of person, but he may not be the best one to answer this. Councilmember Hansen was kind of leaning this way too. We loved Kathy and she was a great advocate for everything that makes Richfield great and we have done some nice things to honor her legacy. He thinks it is probably time to.

Chief Lloyd thanked the Mayor and Council for the increase in the salaries for this next year. Mr. Mogan also expressed his gratitude for the increase.

Mr. DeMille stated that we have received funds for half of the pump track, and the other half we should receive in July. He was not sure that we would get the rest of the money, but the contractors for the pump track want to get us on their schedule. They have us penciled in for some time in August, but if we do not get the contract in we will lose our place in line and it will be next year before we get it. He suggested that we approve the contract pending the final approval of the funding. Councilmember Gardner wanted to know if it would lock in the materials price and the asphalt price. Mr. DeMille thought that it would. Councilmember Gardner thought that would make sense. Mayor Burrows felt that it would not be a problem as long as we are not obligated if something goes awry. The consensus of the Council was that it would be fine to get a contract in place as long as we can get out of it.

Councilmember Gardner reported that he was up on the mountain bike trails last weekend and he stated that Saturday afternoon was crazy. He could not believe all of the people that were on the trails. Putting a porta-potty at the parking lot at the top of 300 North was discussed. Mr. Mogan stated that it would cost $100 a month to put one there.

Councilmember Gleave said that we should approach the Paiute Trail Committee and see if they would go after a grant to put a restroom there. It would be for ATV use if they put one in. Councilmember Hansen felt that a porta-potty would be a good stop-gap while we are pursuing that.

18. EXECUTIVE SESSION. At 8:43 p.m., Motion: Adjourn to convene an executive session to discuss the sale of real property, Action: Adjourned, 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.
19. RECONVENE & ADJOURN. At 9:08 p.m., Motion: Reconvene and Adjourn, Action: Adjourned, Moved by Tanner Thompson, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave. PASSED and APPROVED this 14th day of June 2022.