07.12.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

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

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

1. OPENING REMARKS
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES
5. CENTRA COM COMMUNITY SERVICE PROJECT
6. JOINT APPLICATION WITH SEVIER COUNTY FOR FEDERAL BRIDGE INVESTMENT PROGRAM GRANT FUNDING APPROVED
7. PUBLIC HEARING FOR AMENDMENT TO HOTEL/MOTEL/EXTENDED STAY ORDINANCE
8. PLANNING COMMISSION REPORT
9. PUBLIC HEARING – BLACK/NAY REZONE TO R1-6.
10. SUBDIVISION APPLICATION (LOT SPLIT) APPROVED
11. ANNEXATION RESOLUTION 2022-12 ADOPTED
12. OTHER BUSINESS
13. MEETING ADJOURNED
14. OPENING REMARKS were offered by Councilmember Street.
15. PLEDGE OF ALLEGIANCE was led by Councilmember Gleave.
16. ROLL CALL. Present: Mayor Burrows (Not voting), Brayden Gardner, Todd Gleave, Elain Street, Tanner Thompson, Michele Jolley, Tyson Hansen. Excused: Kip Hansen.
17. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on June 28, 2022. Motion: Approve the minutes of the meeting held on June 28, 2022, 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, Tanner Thompson, Todd Gleave.
18. CENTRA COM COMMUNITY SERVICE PROJECT. Faylyn Catmull of Centra Com explained that her company does a community service project in one of the communities that they serve and this year it is Richfield City where they want to do the project. They would like to do this on the 10th of August from 8 to 9 in the morning because that is the day they will be holding the grand opening for their office in Richfield. We had discussed the painting of the pavilions at Lion’s Park. Mayor Burrows suggested that we check with the Park Department to see if there are any issues with this. It was noted that the Parks and Rec Director, Brady Edwards, suggested this project.

Councilmember Gleave would like to have the Lion’s Club join in since it is their park and asked if Ms. Catmull would care if they helped. Ms. Catmull thought it would be great and noted that they are expecting 25 to 50 people.

She asked if there were any other projects that the City needed to be done. No one had any other suggestions. Mayor Burrows to Ms. Catmull that we appreciate her company doing this. He knows that volunteerism goes a long way in this community and he is grateful for it. There are a lot of things that get done that would not get done without people who are willing to step up.

Ms. Catmull stated that this is something that her company enjoys doing and they find it to be very important. She will work with City staff to work out the details.

6. JOINT APPLICATION WITH SEVIER COUNTY FOR FEDERAL BRIDGE INVESTMENT PROGRAM GRANT FUNDING APPROVED. Micklane Farmer discussed the grant opportunity, which is part of a 1-billion-dollar infrastructure bill. There is a minimum funding amount of a 2.5-million-dollar project for replacement and/or repairs to bridges with 80/20 funding.

Mr. Farmer stated that staff has identified some of the bridges, one being the installation of a new bridge on 100 East 500 South. Other bridges discussed included the one at 650 North Upland Drive, 300 West by the cemetery, and the one on 400 South Annabella Road.

There is a cost to put together this grant because it is a very involved application so the cost would be about $7,000. They will split it between the County and the City based on a percentage of the portion of funding being applied for by each agency.

Mayor Burrows understood that this is an ongoing program. Mr. Farmer stated that if we do not get funded this first time, we will submit for funding again.

Mayor Burrows asked if the funds could be used for property purchase. Mr. Farmer stated that there are no provisions in the grant for right-of-way purchases. It is only for bridge repair and replacement. Mayor Burrows asked if the right-of-way acquisition could be used toward the City’s 20% match. Mr. Farmer did not know the answer but will find up and let the City know.

Councilmember Gardner asked if the acquisition cannot be done, would we want to change priorities on which bridge to do. Mayor Burrows thought this was the most pressing at the moment.

Mr. Farmer stated that he will put some cost estimates together and then the City could look at those and then the City can determine if we want to submit one or all of the bridges, depending upon what the City’s 20% match is.

Motion: Approve a joint application with Sevier County, for funding to replace and repair bridges, Action: Approved, Moved by Brayden Gardner, Seconded by Todd Gleave.

Councilmember Thompson wanted to clarify that the vote is just to consider what the City is going to do, but that we are not committing to any funds at this point. It was noted that we are paying for the application to be prepared. Mayor Burrows also pointed out that partnering with the County would get us to the 2.5-million-dollar threshold to be able to apply. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Tanner Thompson, Todd Gleave.

7. PUBLIC HEARING FOR AMENDMENT TO HOTEL/MOTEL/EXTENDED STAY ORDINANCE. Mayor Burrows opened the hearing at 7:15 p.m. to receive comments on proposed amendments to add clarification to the motel/hotel/extended stay ordinance.

Kylee McClure noted that the amendment only clarifies the notice that the Police Chief has to give for an inspection. References to State law were also included. Councilmember Street stated that there is a change that needed to be made in the ordinance in item 10, the fourth line down. The word, “to” needs to be inserted between the word “person” and “make.” Hearing no further comments, Mayor Burrows closed the hearing at 7:16 p.m.

8. PLANNING COMMISSION REPORT. Chairman Kendrick Thomas was present to report on the Planning Commission meeting held on July 6, 2022.

A conditional use permit was approved at 1830 South Industrial Park Road for a business that manufactures photography props with an office/photo studio. Shad and Chalise Peterson are the owners of the business. A conditional use permit was approved at 75 East 500 North for a short-term rental. This is a basement owned by Seth Robertson. A conditional use permit was approved at 326 North 200 West for a short-term rental. This is also a basement owned by Austin and McKenzie Jorgensen.

They had a general plan discussion where they looked at setbacks and Casitas and guest houses for all these to be used more broadly, but limiting it to lots of 10,000 square feet or more.

They held a public hearing for a lot split for Kirk and Maridon Rappleye at 126 North 500 East, and the Planning Commission recommended this for approval.

They held a public hearing for a subdivision application by TOK Development at 900 West 1180 South. The Planning Commission voted to recommend approval of this subdivision.

They held a public hearing on the motel/hotel/extended stay ordinance and recommended that the Council adopt the amended ordinance.

The Planning Commission held a public hearing on a rezone for Jake Black and Bryan Nay and they recommended approval of an R1-6 zone for this property and doing so would allow up to 38 lots. They felt that this was a compromise between the current R1-10 zone and a request to rezone to RM-11. Mayor Burrows asked what the vote was and Mr. Thomas stated that the vote was unanimous.

They reviewed a development concept for Utah Land Solutions and a proposed annexation of the property in that development that is not currently in the city limits. They did take comments from the public and listened to concerns. They voted to recommend annexation and zone the land as an R1-10 zone.

9. PUBLIC HEARING – BLACK/NAY REZONE TO R1-6. Mayor Burrows stated that we are here to receive comments on a proposed rezone from R1-10 to R1-6. Mayor Burrows opened the hearing at 7:28 p.m.

Keith Waters pointed out that there will still be up to 38 lots when it is set up for 11 lots. This is too many lots in that area. He stated that they do not need or want that many lots in that area. We just need to shut it down once and move on.

Richard Chamberlain said that as a neighbor he was opposed to any change. He hopes that the Council trusts him enough to know that he is being absolutely honest about this. Instead of coming as a member of the neighborhood, he called his friend, David Church. For those who do not know who he is, he was the attorney for the Utah League of Cities and Towns, he taught most of us all about municipal law, and he was probably the attorney for the league for 35 years. He is the expert on municipal law and zoning. He said that he was not sure that the Council knew what they can and cannot do. Mr. Church said that other cities are having problems where you change a zone based on representations by developers and they do not follow through. Up north, they conditionally approve a zone but do not grant the zoning until the subdivision is approved and usually they have a development plan. That development plan can include restrictive covenants and all of that should be in place before you change the zone. These developers are not bound to even follow through with this. They have the right to sell this property to another developer. The concepts, these homes they are showing you, there is nothing in writing that obligates them to build them that way. Even if they do end up developing it, they have not said that every lot will have a home like that. Whatever the Council decides, he trusts them to decide what kind of development ought to go in there that would still be compatible with what is already there. Preserving nice neighborhoods in Richfield is an important element of zoning. He pled with the Council to condition approve a zone change. That would still allow the developer to get financing, but you would not finalize zone change until the subdivision plan is approved. He would recommend that restrictive covenants be imposed to require at least some or most of the homes to be owner-occupied. He said that these types of developments are more dangerous because each one of these homes could be rented. Is the renter going to have an incentive to even water the law? Will a renter have enough pride in the house to replace shrubbery that has died or maintain what the developer put in there? Will a renter even mow the lawn? Will they care about the appearance of their yard? The condominiums are different. We need to control this and protect the nature of the character so that it is a different story. They are probably 90% rented and it is just a different class of people and they don’t care about the appearance. They don’t have any pride in ownership. Renters get by with the lease amount that they can get by with. has a greater likelihood of staying well maintained? That is why the City needs to control this and make sure that whatever you grant that you follow through to the end to try to impose some restrictive covenants that would protect the nature of the character of the neighborhood so there is a greater likelihood of remaining a nice community.

Vanez Butler said she appreciates that they have had some information before the public hearing. She lived in R6 housing, so she is very familiar with what happens in the community. There is only one way in and one way out and she does not feel that one access is safe and she would request that they leave it at R1-10. She asked about the traffic study Mr. Black stated they had done and she thought he said that this would not affect their traffic flow at all. She cannot see that 70 or 80 more cars would not affect their traffic flow. She had a question about the adoption of the fire code because she said she did not know what that was.

Mayor Burrows explained that the City has not adopted the 2018 fire code, but because the State has adopted it, we have no choice but to follow it. There are some appendages to the code and road access is one of them. He understood that the traffic study said the traffic would be affected by one second. Mayor Burrows noted that the study was done on an RM-11 and not an R1-6.

Mr. Black said they had a traffic study and that this would not affect the traffic flow. The study was done on an RM-11 zone and not an R1-6 zone.

Scott Hyatt stated that this is not a life-changing decision and they are here to express their opinions. It is not life-changing but it is life-impacting. He again talked about the one inlet for the property. He tries to swim with the current when it comes to style, but with principle, he wants to stand firm. Until and unless you know what is going to go there, how can you approve it? What if the Council rezones the property and they sell it, and the new developer has a different concept that does fit in that planning, but the City does not agree with the concept. Now is the time to say let’s not go down that road. Let’s wait until we have the development plans and make it conditional. There would be value in getting the property rezoned and then selling it. He mentioned that we have to make sure that we get public input. As constituents, they are here to give their input. It cannot be a practice amongst the Planning Commission or City County to disparage comments and to say that they are behind the times and they need to catch up. The quote he heard was that the City is tired of hearing their whining. Some people are not represented here today because they have told Mr. Hyatt that they have too much at stake in the community as a business owner to make more enemies. That is not right. The City should value this input. It makes the Council’s job easier because if no one shows up, they do not know what the input is from the residents. This is good and this is important, and as elected officials, they should be glad that we have this turnout. If the Council can find development with one inlet and outlet and they decide to approve it, then it is known that the people who voted the Council in are against it for the reasons that have been stated. One reason is that they love this community and the other is safety.

Jerry Larsen lives in the neighborhood. He had not thought about making the zoning conditional and he thought this was critical. He asked that the Council not change the zoning because in his mind it makes no sense to go up through all these nice houses and then you have a bunch of small homes crammed in there.

Max Anderson stated that he heard a politician say that we would not know what we are getting until we vote for it. He is concerned about the safety and he felt there is something haywire about the traffic survey. A Planning Commission member stated that the firm that did the survey was a reputable company, but they should be independent and hired by the City and paid for by the developer.

Mr. Black stated that they understood the concern of the mixed zone and the lack of control, but this zone would only allow single-family homes to be built there. They would not be able to put condos and townhomes there. They would have to be single-family homes. Up north, when you go for a zone change, you bring a concept plan, but they have never had a zone change conditional upon the approval of a subdivision plat. He addressed the traffic study that was done by an independent firm and that this is all they do. Mayor Burrows asked if they would be selling the lots and letting people build what they want or if the intention is to have a local home builder build certain style homes. Mr. Black stated that they have not decided on this one way or another.

Councilmember Thompson asked how many lots there would be as it is currently zoned? Mr. Black gave a ballpark figure of 19 or 20. Councilmember Thompson asked how many could be built in an R1-8? Mr. Black thought between 20 and 40.

Adam Albrecht stated that they would not be opposed to entering into a development agreement and they are wanting to work with the City to make these homes affordable. He lives in an R1-6 area and his home is modest and he thought nice. They proposed 230 townhomes behind his neighborhood and the homeowners were opposed, but it ended up passing and it has added value to their neighborhood. They are willing to look at restrictive covenants that require owner-occupied if that is possible.

Deon Kelsey stated that his biggest concern is that we are here to decide on the zoning and once the zone is changed, we lose control. He is opposed and thinks it should be seriously looked at. He hopes that the Council will do the right thing for the City and the right thing for the members of the community

Kendrick Thomas stated that he regrets if there were things said that gave the impression that the Planning Commission did not want the public’s input. He stated that he wrestled with the decision, and if he were voting based on being a resident of that neighborhood, he would have voted against this because he does not want to see that number of houses and lots developed in his neighborhood. When he was asked to serve on the Planning Commission, he was asked to vote on what would be best for the community. Based on what they are seeing, this is something that the City needs. He does not love the location of it. He wishes it could go somewhere it is closer to a road where the traffic impact would not be as great. We do not always get to choose where some of these development opportunities happen.

Maridon Rappleye stated that affordable housing is not available here. She has grandkids that want to come back, but there is no way they can afford a big house on a 10,000 square foot. There is a little home near here that is for sale at $355,000 and it is 900 square feet. Our kids cannot come back here and our grandkids cannot either because there is no affordable housing. She gets that no one wants it in their neighborhood. She wishes something like this would come to her neighborhood and raise a bunch of houses and build some nice houses. And if they are small, that is okay. She lives in a small house and we need to realize that this is needed. Maybe not in this exact spot, but it is needed in Richfield.

Scott Hyatt stated that there are areas where this can be approved, but it is not here. Let’s do this in an area that is already zoned for it and built in this area what it is already zoned for.

Vanez Butler asked why not just put 19 or 20 homes there. Why do they need to put 38 homes there? She does not believe they will be affordable.

Mayor Burrows closed the hearing at 8:12 p.m. Mayor Burrows asked if the Council was ok to put this on the next agenda. The Council was ok with putting this on the next agenda.

10. SUBDIVISION APPLICATION (LOT SPLIT) APPROVED. The Council reviewed a subdivision application filed by Kirk and Maridon Rappleye concerning the property located at 126 North 500 East as recommended by the Planning Commission. (RM-11 zone) Mayor Burrows asked what the frontage was of the lot being created? Councilmember Gleave noted the plat said 75.31 feet. Councilmember Gardner did not see any concerns with this and noted that the Planning Commission recommended it. Motion: Approve the subdivision application filed by Kirk and Maridon Rappleye, Action: Approved, Moved by Brayden Gardner, Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Tanner Thompson, Todd Gleave.
11. ANNEXATION RESOLUTION 2022-12 ADOPTED. The Council reviewed the annexation petition filed by Robert J. Parker, the Waimea Family LTD Partnership, and Mary Lee Harrison for property located north of the hospital and East of Main Street. Councilmember Gardner declared a conflict of interest on this matter because he represents Mr. Parker. Daryl and Ryan Hodgson were present to discuss the annexation. Daryl Hodgson stated that when this annexation came to the Planning Commission they submitted a concept plan to explain the zoning they were asking for. A lot of the comments were surprising to them. When they first came, they sat down and asked what it was that the City needed. In their minds, this property is prime for this type of development because it would not affect any neighborhoods. They are trying to provide medium and high-density residential along with commercial areas. They believed there is a need for this type of housing.

Ryan Hodgson said that the Planning Commission recommended the annexation but suggested the zone be R1-10.

Daryl Hodgson stated that part of the challenge they face in getting the zoning is that some of the property is in the City and some are not.

Motion: Approve Annexation Resolution 2022-12 accepting the petition filed by Robert J. Parker, the Waimea Family LTD Partnership, and Mary Lee Harrison, Action: Approved, Moved by Todd Gleave, Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Tanner Thompson, Todd Gleave.

12. OTHER BUSINESS. Councilmember Gleave thanked everyone who had anything to do with the 4th of July for all of their help.

Councilmember Street checked up on the storage unit. The only things in there that belong to the City are some grills. Everything else in there belongs to the Daughters of the Utah Pioneers and she thought that Woody Farnsworth had made a deal with them to store things there. She does not know where to go from here. The grills used to be used to cook hamburgers for the 4th of July and they are not being used anymore. Kathy Lister is over the Daughters of the Utah Pioneers, and she is gone on a trip. Councilmember Street does know what we do with it or how we handle that. The rent is $600 a year. She wondered if we just keep it there and keep paying the rent for it. She does not know how secure the items would be at the Elks Lodge. Mayor Burrows suggested that we wait until we talk to the Daughters of the Utah Pioneers.

Mr. Hansen and Mr. DeMille are working on the grant application for the pump track that needs to be submitted this week.

Jones and DeMille have a design ready for the sewer project behind the buildings to replace the sewer line. Mr. DeMille wondered if wanted to go ahead and put it out to bid and if the Council was wanting to do anything for the repair of the buildings. Councilmember Gleave thought that we informed them that we were not going to take care of the buildings. Mr. Hansen thought we had stated that the City was not interested in replacing anything that falls off the buildings. Councilmember Gleave felt the business owners understood that the building repairs would be on them. Councilmember Thompson thought the read was that some did, but then others in the room thought we should. Mr. Mogan stated that it is ready to go out for bid so that construction can start in the fall. Mr. DeMille stated that they were unable to get ADA access into any of the buildings. The drainage is going to be out in the parking lot and the sidewalk will have a few areas for ADA access. People will just have to go around to the front of the buildings for access. Mayor Burrows did not think that we wanted to get involved in the façade of the buildings. Councilmember Gleave felt that the purpose of the meeting with the business owners was so they all understood that. Mr. DeMille will move forward with putting the project out for bid.

There was a tree on Main Street and 200 North in the bulb out that was removed because it was dead and another one in the parking lot behind Gary’s shoe that was removed. After all, it was half dead. Mayor Burrows asked if we were going to replace them. The one behind Gary’s Shoes we are not planning to replace and the one on Main Street will be replaced if the Council wants that done. The Council wanted to put a tree back on Main Street. Mr. Hansen suggested we look at the technology that Rocky Mountain Power uses where they inject chemicals into the soil and it stops the tree from growing. He saw a guy at the park that was injecting something into the ground so he stopped at talked to him. He said he was contracted by Rocky Mountain Power because there was a powerline above the tree.

Mr. Mogan reported that this morning they had a water leak on Main Street between 100 North and 200 North that was caused by the trees. As they get bigger the roots wrap around the water lines which is what caused this leak. They had to cut out a lot of the roots to be able to fix the leak. That tree may not survive because they had to cut out some of the large roots.

Mayor Burrows thought the 4th of July was good and he appreciated all of the help. He recognized Commissioner-elect Greg Jensen and thanked him for coming.

13. MEETING ADJOURNED. At 8:32 p.m., 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, Tanner Thompson, Todd Gleave.

PASSED and APPROVED this 26th day of July 2022.