08.09.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
August 9, 2022

Minutes of the Richfield City Council meeting held on Tuesday, August 9, 2022,
at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor Bryan L. Burrows presiding.

  1. OPENING REMARKS
  2. PLEDGE OF ALLEGIANCE
  3. ROLL CALL
  4. MINUTES
  5. EXPENDITURES
  6. IMPACT FEE FACILITIES PLAN AND IMPACT FEE ANALYSIS FOR PARKS, POLICE, AND FIRE DISCUSSED
  7. CONDITIONAL USE PERMIT FOR A DAYCARE BUSINESS AT 460 NORTH MAIN STREET APPROVED
  8. NEXT PHASE OF THE CENTRAL UTAH COUNSELING CENTER CAMPUS ON 100 EAST APPROVED
  9. PLANNING COMMISSION REPORT TABLED
  10. REIMBURSEMENT AGREEMENT WITH LARSEN’S ACE HARDWARE PROPERTY ALONG 100 EAST DISCUSSED
  11. 8-PLEX ON 500 WEST BETWEEN 700 AND 800 SOUTH APPROVED
  12. BID FOR IMPROVEMENTS TO THE BIKE PATH AWARDED
  13. PURCHASE OF AN IMPELLER FOR THE SEWER PUMP AT THE TREATMENT PLAT APPROVED
  14. PURCHASE OF A NEW MOWER FOR THE PARKS APPROVED
  15. OTHER BUSINESS
  16. MEETING ADJOURNED
  17. OPENING REMARKS were offered by Mayor Burrows.
  18. PLEDGE OF ALLEGIANCE was led by Councilmember Gardner.
  19. ROLL CALL. Present: Mayor Burrows (Not voting), Brayden Gardner, Todd Gleave, Kip Hansen, Tanner Thompson, Michele Jolley (Not voting), Tyson Hansen (Not voting). Excused: Elaine Street.
  20. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on July 26, 2022. Motion: Approve the minutes of the meeting held on July 26, 2022, Action: Approved, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.
  21. EXPENDITURES APPROVED. The Council reviewed the June and July 2022 Warrant Register. Councilmember Hansen asked about the URS adjustments on the June warrant register. Mr. Hansen explained that each pay period a file is uploaded to URS showing everyone’s retirement payments. The wrong file occasionally gets uploaded based on the dates of the files. When this happens, then we have to make adjustments. Motion: Approve the June and July 2022 warrant registers, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.
  22. IMPACT FEE FACILITIES PLAN AND IMPACT FEE ANALYSIS FOR PARKS, POLICE, AND FIRE DISCUSSED. Cody Deeter reviewed the Impact Fee Analysis that he had prepared to determine how much of an impact fee could be charged for public safety and recreation. He explained how the impact fees are calculated based on demand, level of service, excess capacity, new facilities, and funding.

The parks and recreation impact fee per home would be $3,525.

The fee for the police department is figured differently because of the statute. The level of service for police only considers the square footage of the facilities that are used by the police department. The square footage of future projects can also be considered. The impact fee for the police is $397 per home.

The fee for the fire is also figured differently and is based on residential and commercial growth. Square footage of the facilities of the fire department is considered in the calculations, but only equipment that cost more than $500,000. The impact fee for the fire is $1,020.

Councilmember Hansen asked if there would be an advantage to collecting a single public safety impact fee rather than something that is broken down this specific. Mr. Deeter explained that it can be assessed as a single impact fee, but the portion for police would have to go to the police and the fire would have to go to the fire.

Mr. Deeter stated that the next step is to hold a public hearing with notice being given at least 2 weeks before the meeting. He will provide an Impact Fee Analysis that we make available to the public for review on the website and the public meeting notice website.

Mayor Burrows stated that the impact fees offset general fund revenue, so if we take in an impact fee for fire, then the amount being used from the general fund could be reduced by that amount. As that money is collected, it has to be used for what is collected.

Councilmember Thompson stated that he would be interested in exploring Councilmember Gardner’s thoughts on how this may affect new builds and growth. He thought that it sounds great, but if it hinders growth then he would not be in favor of it.

Councilmember Gardner is concerned about this especially since impact fees already went up this year. He realizes that this is a swap compared to the annexation process before. He loves the idea, but he is concerned that total impact fees are getting quite steep compared to what they were a year ago.

Mr. Hansen stated that an impact fee in Ephraim is $14,754. If we adopt what is being proposed, ours would be $14,503. Mayor Burrows noted that developers are no longer providing water.

Councilmember Gardner wondered about people who are already annexed into the City and have been for years now having to pay a higher impact fee when they already provided water at one point or another. Is there a benefit where they provided water years ago?

Councilmember Hansen stated that annexation and development are 2 different issues. We may have been hyper-focused on the water aspect of annexation in the past. That is actually the lessor of some of the impacts that we are dealing with. If we follow the statutes we are dealing with very easily defensible impacts and what that does is shift the financial burden forward instead of dumping it back on those who have already paid their dues. It pushes it forward to those who put more demands on these services. It is the most transparent way to assess some of the costs involved in providing those services as we expand the infrastructure that new development brings. He thinks this is the best way to operate and we probably should have done this quite some time ago.

Councilmember Gardner likes the idea but worries that if we keep adding more and more, the low point is, will growth slow down? We are treading an awful lot on a pretty small budget and we know it and see it. He is in favor but just wants to proceed cautiously.

Mayor Burrows pointed out that we are investing less in public safety than we are in parks per person. He does not mean this negatively, but we hear how we do not do anything recreation-wise, yet we are investing more money in recreation than public safety.

Councilmember Hansen noted that especially based on the impact fee analysis we are investing less in public safety. That is why he asked the question about the proposed funding for a recreation center, but if we adopt this, based on this model, then is that what we are saying we are going to do? Maybe the model needs to be altered if that is not our intent. That was about 30% of the total recreation fee.

Mayor Burrows noted that if we repair the pool we have and add an outdoor facility, that is about where we are at with the proposed impact fee estimating 7 million dollars.

Councilmember Thompson clariid that Councilmember Hansen is saying that we should adjust the recreation impact fee if our intention is not to build a facility. Councilmember Gardner still thinks a facility is important and Mayor Burrows agreed.

Councilmember Hansen wondered what the facility is. Is it finishing the project that we have 65%, to 75% done? Is it kicking it to the curb and starting from scratch? If that is part of the modeling, is that really what we want to model?

Councilmember Thompson stated that this gives us a lot of opportunities to have a 7-million-dollar head start and we have a million dollars set aside already. Councilmember Hansen stated that the model is never going to be perfect. What is that population growth going to be?

Mayor Burrows stated that this analysis is based on 10 years, so if we get the 7 million and put the other one million with it, then we will only be 8 million behind which is what we have done for the past 10 years.

Councilmember Gardner stated that he was in the Commissioners’ meeting where Commissioner Ogden gave a recap on CIB and their funds are quite limited, so banking on CIB funds in the future probably is not the greatest idea. Mayor Burrows felt that any recreation funding from CIB is way in the past.

Mayor Burrows stated that he knows where we have been the past 10 years and we cannot save enough money to make up for what inflation has been on this kind of stuff. The costs we were talking about 10 years have doubled and then some.

Councilmember Thompson was curious about how we felt about someone going against these projections. Mayor Burrows recalled his understanding that we were going to do a facility in phases, but then we ended up shifting gears to fix the spring. He felt that what the analysis is saying is that these impact fees are based on this type of expenditure with the projected growth over the next 10 years.

Councilmember Hansen stated that if we do set the impact fees so high and it inhibits development, then we would be collecting nothing. There is a balance in there. This is a valid concern.

Councilmember Gardner is curious to see how we compare with other communities. He has compared a few, but mostly Washington County, which we are not a drop in the bucket compared to them. He would like to have this information available to share at the public hearing. He thinks that would be helpful.

Mayor Burrows stated that he believed we are going to see a downturn soon. Councilmember Gardner felt that we would be okay for a few years.

  1. CONDITIONAL USE PERMIT FOR A DAYCARE BUSINESS AT 460 NORTH MAIN STREET APPROVED. Jacob Robertson stated that they currently own the parking lot that is right across the street from their existing daycare facility. They have 57 children in their daycare, about 60 on their waiting list and they have people calling every day. They discussed their plans to expand their daycare business to this building, which will allow them to have about 113 more children. They will put a playground in the back and they will have a one-way coming in off from Main Street and exiting onto 500 North.

Tanna Robertson stated that there will be a parking lot for employees at both facilities. Mayor Burrows asked how many employees they have now. They have 12, but when they have the new facility in operation, they will have 24 employees. Planning Commission recommended approval. The State does inspect the facility regularly. Motion: Approve a conditional use permit for 460 North Main for the operation of a daycare, Action: Approved, Moved by Tanner Thompson, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. NEXT PHASE OF THE CENTRAL UTAH COUNSELING CENTER CAMPUS ON 100 EAST BETWEEN 200 AND 300 NORTH APPROVED. Curtis Miner and Richard Anderson were present to discuss their project. They are currently building an addition to their residential facility. Their overall plan is to build a new medical 100 East and a new day treatment building just behind the Maverik. There is a white cinderblock home and a modular home that will be removed for this new building to be built. Councilmember Gleave asked if they own the current building on Main Street and what they are going to do with it. They indicated that they will be selling that building. They have some interest in it right now.

Planning Commission recommended approval of this project. Motion: Approve a conditional use to expand the Central Utah Counseling Center Campus on 100 East, Action: Approved, Moved by Tanner Thompson, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. PLANNING COMMISSION REPORT. Motion: Table Planning Commission report, Action: Tabled, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. REIMBURSEMENT AGREEMENT WITH LARSEN’S ACE HARDWARE PROPERTY ALONG 100 EAST DISCUSSED. Mayor Burrows did meet with Larsens. This agreement proposes they pay a total of $273,360.33. That does not give them credit for the property that they had to surrender for the right-of-way. We paid another property owner $50,000 per acre for his property, which would total $13,225. They felt that this should be taken off from the balance and that they should get credit for other items and improvements they had already made. When Tractor Supply came in, they had to put in street improvements on the west side of their building and when the property across the road developed they only had to put in some of the shoulder to the curb.

They also had to remove their fence along 100 East and have to install a new one at their expense. Mayor Burrows stated that we discussed giving them credit for the fencing and that cost would be approximately $40,000.

That would be roughly $93,000 and they have offered to pay $50,000 in cash.

Mayor Burrows asked the Council to think about this. We do not have to act on it right now. Councilmember Gardner did not understand the $93,000. Mayor Burrows stated that they surrendered over $13,000 in property for the right-of-way on 100 East. They have to pay $40,000 for a new fence and some for the old fence they had to take out, and then improvements to the road in front of their building. When the property across the street from them developed, they were told that they would get some money back for the road. That developer only had to put in about an 8-foot wide strip because Larsens had paved most of the road. There was also a section that is wider where it v’s than what we required and so they did that section too and would like that to be considered.

Councilmember Thompson asked why there was no curb and gutter along Larsen’s parking lot. Was that supposed to happen? Mayor Burrows said that Larsens had been developed for a while and he recalled that there was an issue with the grade and not being able to match up with the curb and gutter.

Councilmember Gardner stated that we would only be recouping $.50 on the dollars. Councilmember Gleave pointed out that the only thing we are really gaining at this point is $50,000.

Motion: Table until the next meeting, Action: Tabled, Moved by Brayden Gardner, Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. 8-PLEX ON 500 WEST BETWEEN 700 AND 800 SOUTH APPROVED. The zone for this property was changed from RM-11 to RM-24. There would be 4 units on the bottom and 4 units on the top. Motion: Approve the 8-plex to be built on 500 West between 700 and 800 South, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. BID FOR IMPROVEMENTS TO THE BIKE PATH AWARDED. Keith Mogan explained that we were going to do this last fall, but we were not able to because the temperature has to be about 50 degrees for * days. He received 3 bids. Longhorn Seal Coating with a bid of $19,572; Rasmussen Excavation with a bid of $17,620; and C & M Sealcoating with a bid of $13,300. He recommended that the City accept the bid for $13,300 from C & M Sealcoating, LLC. This will give us quite a few more years of life on the bike path. Mr. Mogan noted that C & M Sealcoating just completed a seal coat on the new bus turn-in at Pahvant Elementary. Motion: Award the bid for a seal coat of the bike path to C & M Sealcoating, LLC with a bid of $13,300, Action: Approved, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave. Mr. Mogan was asked if they had given a time frame for when this would be completed and Mr. Mogan stated that it would be done within the next week or so.
  3. PURCHASE OF AN IMPELLER FOR THE SEWER PUMP AT THE TREATMENT PLAT APPROVED. Keith Mogan explained that we ordered a spare impeller for the inside of the pump because of the lead time. The impeller that they sold us in 2019 was wrong so they will give us a credit of $3,300, so the cost would be $8,221. There is still the possibility that we could get some more money back, but we are not sure. It will cost us $4,921 plus freight. Mayor Burrows asked if this would give us a spare. It will not because we will need to install this within the next 3 to 4 months. Next year we will have to budget $50,000 for another one to have on hand. the current pumps were installed in 2017. Councilmember Gardner asked what the life span is on these. Mr. Mogan stated that it is close to 10 years.

Motion: Approve the purchase of a new impeller for the sewer pumps at the treatment facility, Action: Approved, Moved by Todd Gleave, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. PURCHASE OF A NEW MOWER FOR THE PARKS APPROVED. Tyson Hansen explained that we purchased a Dixie Chopper and we still have a 2019 Hustler. A new Hustler costs $30,000 and we could probably sell it for $15,000. The golf course has the same mower but theirs is a 2013. The golf course is not a huge fan of the Hustler either because of the maintenance issues, but if we are going to purchase a new mower, they would like to keep the 2019 and sell the 2013. We could purchase a new Dixie Chopper for $14,000.

Motion: Approve the purchase of a new Dixie Chopper, Action: Approve, Moved by Todd Gleave, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. OTHER BUSINESS. Tyson Hansen reported that South Salt Lake is raising property tax by 109%. Councilmember Thompson complained about the stray cats again.
  2. MEETING ADJOURNED. At 8:38 p.m., Motion: Adjourn, Action: Adjourned, Moved by Todd Gleave, Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kip Hansen, Tanner Thompson, Todd Gleave.

PASSED and APPROVED this 23rd day of August 2022.