08.10.21 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
August 10, 2021

Minutes of the Richfield City Council meeting held on Tuesday, August 10, 2021,
at 5:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor Pro-tem Bryan Burrows presiding.

  1. OPENING REMARKS
  2. PLEDGE OF ALLEGIANCE
  3. ROLL CALL
  4. MINUTES APPROVED
  5. EXPENDITURES APPROVED
  6. PLANNING COMMISSION REPORT
  7. ORDINANCE 2021-14 REZONING PROPERTY AT 500 SOUTH 1100 WEST TABLED
  8. ORDINANCE 2021-15 REZONING PROPERTY AT 645 EAST 200 NORTH ADOPTED
  9. RESOLUTION 2021-11 ADOPTED
  10. RESOLUTION 2021-12 ADOPTING THE BUDGET FOR THE FISCAL YEAR 2021-22 FOR ALL FUNDS ADOPTED
  11. RECESS
  12. RECONVENE
  13. FAA AIRPORT RESCUE GRANT APPROVED
  14. RESOLUTION 2021-10 SETTING DEPOSIT ADOPTED
  15. OTHER BUSINESS
  16. MEETING ADJOURNED
  17. OPENING REMARKS were offered by Councilmember Nielson.
  18. PLEDGE OF ALLEGIANCE was led by Councilmember Hansen.
  19. ROLL CALL. Present: Mayor Pro-tem Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley, Tyson Hansen. Absent: Mayor Ogden.
  20. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on June 22, 2021. Motion: Approve the minutes of the meeting held June 22, 2021, Action: Approved, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  21. EXPENDITURES APPROVED. The Council reviewed the June and July 2021 Warrant Register. Motion: Approve the June and July 2021 Warrant Registers, Action: Approve, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  22. PLANNING COMMISSION REPORT. Kendrick Thomas reported on the Planning Commission meeting held on August 4, 2021. A public hearing was held for property located at 500 West between 700 and 800 South for a rezone from RM-11 to RM-24 which is just a higher density. They later acted on that item and recommended it to the City Council for approval.

A public hearing to receive comments on regulations on short-term rental properties was held. There was some good discussion about short-term rentals. The Planning Commission had formed a committee that investigated some restrictions and limitations that we could place on short-term rentals in the City. The primary purpose is to try and keep them from over-running the City, driving up property prices, and eliminating the availability of long-term rentals. The committee made recommendations to possibly limiting the number of short-term rentals to 5% of all the properties in town. Requiring a business license to do so and we already have a conditional use permit. The City Attorney reviewed the proposal and found that a couple of items should be discussed further. There were a couple of items that he did not feel were legally defensible.

The Planning Commission tabled a transportation master plan update to 100 West changing the designation from a major collector to a minor collector. There were 2 conditional use permits granted for beauty salons. One for Julia Jensen and one for Nicole Jorgensen. Ms. Jensen would not have any employees and Ms. Jorgensen will have one other employee at her home.

A conditional use permit was granted for a bike shop to be operated out of Mario Gonzales’s garage. Preston Harward applied for a short-term rental at 615 West 860 South and that was approved. Another short-term rental for Lance and Mandy Larsen at 396 West 500 North was approved.

Mr. Thomas noted that Morgan Shaver came to discuss the possibility of a short-term rental. He proposed to do one in the downtown area and there are some zoning issues with that.

Sinisha Kostich came to discuss using the old church at 300 East 100 North for banquets, weddings, dance studio, etc. similar to a community center. It is in a residential zone, so it would not be allowed. The Planning Commission is looking to do some kind of an overlay or something that might allow that there.

Daniel Peterson discussed a possible expansion of kennel boarding of dogs in the commercial zone. She is operating a limited dog grooming, kennel there, but the boarding of dogs is prohibited. The general feel of the Planning Commission is that they did not like adjusting the ordinance to allow it.

Some discussion about changing the zoning code for metal buildings was discussed. Greg Bean is doing some research to determine what other communities are doing. The zoning ordinance requires a certain percentage of the frontage of a metal building to be something other than metal. There have been a couple of instances that it did not make sense to require that either because of where the building was located on the property or where the property is located. There are some things they are looking at recommending for adjusting that. There are different types of metal products now that can be applied to metal buildings.

Councilmember Nielson asked about the collector road on 100 West and wanted some clarification. Mr. Thomas explained that this is the road the Jones & DeMille Engineering is on and there is some development happening there with Smith Meats on the property to the west that is impacting the road. He stated that it makes more sense that it be a minor collector rather than a major collector.

  1. ORDINANCE 2021-14 REZONING PROPERTY AT 500 SOUTH 1100 WEST TABLED. The Council discussed an ordinance to rezone the property located at approximately 500 South 1100 West from multi-family residential (RM-11) to high-density multi-family residential (RM-24). Kacey Nielson was present for the developer and stated that there is a lot of work that would have to be done on the north side of the property, so they are wanting to condense the development onto two-thirds of the property.

Councilmember Nielson talked with Michelle Curtis wondering if they would be able to take count the full acreage (7 acres) for the density but only build on 5 acres.

Councilmember Gleave and Councilmember Burrows both read the zoning ordinance and they felt that it does not say that you have to build on all of the property. Councilmember Gleave thought that they could build on the 5 acres as long as they could meet all of the requirements. Mayor Pro-tem Burrows noted that the difference between the 2 multi-family zones is that the RM-11 would require 21/2 parking spaces per unit and RM-24 would allow 1 ½ parking spaces per unit.

Councilmember Hansen suggested that the undeveloped section could accommodate some additional parking.

Councilmember Gleave would like to see if the RM-11 would work before any decision is made to change the zone. Mayor Pro-tem Burrows noted that the Council has changed the zoning on 3 properties to RM-24 and we have yet to see a building. He does not have the appetite to put another RM-24 in if it is just going to get resold.

Councilmember Hansen stated that he would agree with Councilmember Gleave to table this until they have a definitive answer on whether or not the project would work on this property under the RM-11 zone. Motion: Table the adoption of Ordinance 2021-14 for 2 weeks and have them show what they could do with the RM-11 zone.

Councilmember Nielson would like to see some kind of control there because of the traffic that is already on College Avenue. Action: Tabled, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

  1. ORDINANCE 2021-15 REZONING PROPERTY AT 645 EAST 200 NORTH ADOPTED. The Council reviewed the ordinance to rezone the property located at approximately 645 East 200 North from commercial shopping (CS) to multi-family residential (RM-11). Terry Barney noted that the address they have for the property is 659 East 200 North. Councilmember Gleave looked it up and the County shows the property at 680 East. Motion: Adopt Ordinance 2021-15 rezoning the property at 645 East 200 North, Action: Approved, Moved by Bryan Burrows, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  2. RESOLUTION 2021-11 ADOPTED. The Council reviewed the certified tax rate for the fiscal year 2021-22. Mayor Pro-tem Burrows noted that the rate for the fiscal year will be .001895. He also noted that this would include the additional amount previously discussed. Motion: Adopt Resolution 2021-11 setting the certified tax rate for the fiscal year 2021-22, Action: Approved, Moved by Todd Gleave, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  3. RESOLUTION 2021-12 ADOPTING THE BUDGET FOR THE FISCAL YEAR 2021-22 FOR ALL FUNDS ADOPTED. The Council reviewed the budget. Mayor Pro-tem Burrows stated that this is the temporary budget that we have been working off of. Motion: Adopt Resolution 2021-12 adopting the budget for the fiscal year 2021-22 for all funds, Action: Approved, Moved by Connie Nielson, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  4. RECESS. At 5:18 p.m., Motion: Recess to convene a Municipal Building Authority Meeting, Action: Recessed, Moved by Kathy Christensen, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

Mayor Pro-tem Burrows said aye during this vote and then stated, “Oh, I can’t vote.” He was told that he could vote. He stated that he wanted the minutes changed to show that he voted aye for those as well.

  1. RECONVENE. At 5:25 p.m., the regular session reconvened.
  2. FAA AIRPORT RESCUE GRANT APPROVED. The Council reviewed a copy of the FAA Airport Rescue Grant. Motion: Approved the FAA Airport Rescue Grant, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  3. RESOLUTION 2021-10 SETTING DEPOSIT ADOPTED. The Council discussed a memo received from Treasurer Marlee Christiansen. The memo noted that since the increase in water rates and average bill is approximately $70. The $75 water deposit barely covers a minimum one-month bill. By the time an account is shut off delinquency, they are behind almost 3 months. Ms. Christiansen asked the Council to consider increasing the deposit to $125. Mayor Pro-tem Burrows noted that the information in the memo noted that this deposit was comparable to those charged by Salina, Annabella, Beaver, and Monroe. Motion: Adopt Resolution 2021-10 setting a water deposit of $125.00 for each application for connection to the City’s services, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
  4. OTHER BUSINESS. Councilmember Nielson brought up the splash pad and talked about a lot of people being upset with the Council’s decision on this. She stated she had voted against one because of the fact the State had asked us to be careful with our water usage and that she would not pay $250,000 to $300,000 for a splash pad. She has a friend on the Monroe City Council, Erica Sirrine, and she sent Councilmember Nielson the bid that Monroe City got for their splash pad. It was in 2018, but the cost bid was only $53,250. They had a grant of $40,000 and they had another $10,000 donated. This last year, they added 3 water features; one costing $2,000, one costing $3,000, and one costing $8,000.

Mayor Pro-tem Burrow was contacted by Becky Bastian from Central Valley. Ms. Bastian also called Ms. Sirrine from Monroe and she called Councilmember Nielson because she wanted us to know what they had done. There is a lot of difference in the cost of what we were given and what Central Valley and Monroe paid. Both of their splash pads were built so features could be added later. She wanted the Council to see this because she had based her vote not only on the water issues but also on the costs. She wanted to have some facts because she felt that we have gone on a lot of hearsay, what somebody says, what somebody thinks, so she wanted to bring this information to the Council. This is just for future information and knowledge.

Becky Bastian called Mayor Pro-tem Burrows and she was frustrated about some things that had been reported and she wanted the Council to know the other side of the story. Councilmember Nielson is not saying we should change our plans, but this is good information that we should have. Mayor Pro-tem Burrows does not think we should change our plan either, but he does not want to take this off the table just yet. He felt that if we put one in with a recirculating system.

Councilmember Gleave reported that he and Councilmember Hansen went out last week and filmed two shows for At Your Leisure and this weekend they will be filming the commercial. The one show will air this Saturday night and Sunday morning.

  1. MEETING ADJOURNED. At 5:54 p.m., Motion: Adjourn, Action: Adjourn, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

PASSED and APPROVED this 14th day of September 2021.