08.22.23 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
August 22, 2023

Minutes of the Richfield City Council meeting held on Tuesday, August 22, 2023,
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 APPROVED
  5. PUBLIC HEARING – SUBDIVISION ORDINANCE AMENDMENT
  6. AIRPORT GROUND LEASE AGREEMENT WITH LAWRENCE BRILL APPROVED
  7. PUBLIC HEARING – FENCES
  8. PUBLIC HEARING – DEVELOPMENT AND CONSTRUCTION STANDARDS
  9. FUNDING OPPORTUNITIES THROUGH THE BRIC DISCUSSED
  10. RESOLUTION 2023-10 ADOPTED
  11. RESOLUTION 2023-11 ADOPTED
  12. CITY’S POLICY AND PROCEDURES AMENDED
  13. EXPENSE FOR A GEOTECHNICAL SITE STUDY FOR NEW POOL LOCATION APPROVED
  14. OTHER BUSINESS
  15. MEETING ADJOURNED
  16. OPENING REMARKS were offered by Chief Trent Lloyd.
  17. PLEDGE OF ALLEGIANCE was led by Councilmember Hansen.
  18. ROLL CALL. Present: Bryan Burrows, Brayden Gardner, Kip Hansen, Kendrick Thomas, Tanner Thompson, Michele Jolley. Excused: Elaine Street, Tyson Hansen.
  19. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on August 8, 2023. Motion: Approve the meeting minutes of August 8, 2023, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street.
  20. PUBLIC HEARING – SUBDIVISION ORDINANCE AMENDMENT. At 7:03 p.m., Mayor Burrows opened a public hearing to receive comments concerning amendments to the Subdivision Ordinance to increase consistency and compliance with State requirements, address clarity and correctness issues, and relocate/integrate existing regulations within the Subdivision Ordinance. Kendall Welch explained some of the changes being made to the subdivision ordinance. She noted that the subdivision ordinance is currently a separate document from the zoning code, which can cause some inefficiencies and create confusion for the public. This amendment will incorporate the subdivision ordinance into the zoning ordinance.

The changes address the revisions needed to comply with State statute amendments this last legislative session. The construction standards include provisions for dust control because this has been an issue recently. The Planning Commission held a public hearing with no public comments made. So they voted to recommend to the City Council approval of the amendments as proposed, which passed unanimously. Mayor Burrows closed the hearing at 7:09 p.m.

  1. AIRPORT GROUND LEASE AGREEMENT WITH LAWRENCE BRILL APPROVED. The Council reviewed an Airport Ground Lease Agreement with Lawrence Brill. It was noted that he had purchased an existing hanger. Motion: Approve the Airport Ground Lease Agreement with Lawrence Brill, Action: Approved, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street.
  2. PUBLIC HEARING – FENCES. Mayor Burrows opened a public hearing at 7:10 p.m. to receive comments concerning an amendment to the Zoning Ordinance defining materials for fences between residential and commercial zones. Councilmember Hansen appreciated how quickly the Planning Commission dealt with this. He believed that it addressed what we wanted to correct. Hearing no other comments, Mayor Burrows closed the hearing at 7:11 p.m.
  3. PUBLIC HEARING – DEVELOPMENT AND CONSTRUCTION STANDARDS. At 7:11 p.m., Mayor Burrows opened a public hearing to receive comments concerning the codification of the Development and Construction Standards. Micklane Farmer noted that we have added a standard since they were mailed out. The added standard is for a rolled curb and gutter, which would apply in the RM-11 and RM-24 zones, especially where the driveways of the units are close together. Mayor Burrows noted that we have had some circumstances where the other standard for curb and gutter would not work, so this is a great option. Hearing no comments, Mayor Burrows closed the hearing at 7:13 p.m.
  4. FUNDING OPPORTUNITIES THROUGH THE BRIC DISCUSSED. (Building Resilient Infrastructure and Communities). Jamison Christensen stated that this is a FEMA grant for natural disasters. It is for the Library and an opportunity to apply for seismic or earthquake evaluation funding. We have had some issues with the foundation settling and cracking. With this funding, we can evaluate the building for structural soundness and identify any areas needing retrofitting or upgrades.

It appears that we could receive a 75% grant, and we would have to match the 25%. A lot of the information that is needed for the application has already been prepared through the flood mitigation study. The first step is to submit a notice of intent to file an application due August 31, 2023. He thought that the Council would want to discuss the cost of this project. He indicated that not knowing how the Library is constructed, he thought it would be wise to have another sub-consultant, and they could do a test. He stated that if it is just a double-wide brick wall and no other reinforcing, they would have to do some materials testing to obtain the information to evaluate the building. He estimated that it would cost roughly $30k- to $35k for studies that they have done in the past. This would help them determine the necessary upgrades the building needs.

Michelle Olsen stated that they did have Mr. Hansen put some money in the Library budget for this project.

Councilmember Thomas stated that this is a three-step process. You have to submit a notice of intent stating that you will apply. Then, you submit an application to be funded for the feasibility study, and that study will tell what the potential construction project will be.

It may be possible to get other funding from the State, and it may be able to be used for the match. Councilmember Thomas stated that the potential outcome with this is that generally, for old buildings like this, you find that the walls are inadequate. The connection of the roof to the walls and the connection of the floors to the walls are inadequate to resist seismic forces.

Councilmember Thompson wondered realistically how much of the character you would tear up of the building by trying to make it seismically sound. Councilmember Thomas stated that is something you have to be sensitive to, but typically, you can do that because it is hidden in the attic spaces or the floor cavity. The outside is probably the most historically significant part of the building, not necessarily the interior.

Last year, Michelle Olsen saw a grant available, but you had to have the seismic study already done to apply. Councilmember Thomas declared a conflict of interest. Motion: Approve an application to FEMA for BRIC funding to do a seismic study of the Library building, Action: Approved, Moved by Tanner Thompson, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street.

  1. RESOLUTION 2023-10 ADOPTED. Councilmember Hansen felt that we had a good public hearing on this, and he felt good about what we are proposing. Motion: Adopt Resolution 2023-10, adopting the certified tax rate for 2023-2024 with a rate of 0.001751, Action: Approved, Moved by Kip Hansen, Seconded by Kendrick Thomas. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street
  2. RESOLUTION 2023-11 ADOPTED. Motion: Adopt Resolution 2023-11, adopting the budget for fiscal year 2023-24, Action: Approved, Moved by Kendrick Thomas, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street.
  3. CITY’S POLICY AND PROCEDURES AMENDED. With a recent audit from Utah Retirement Systems, they are requesting that we amend the wording in our policy and procedure manual for elected officials and appointed officers to be as follows: 6. RETIREMENT SYSTEM. Additional details are available from the Finance Director.

A. All full-time salaried Richfield City employees are covered by the Utah State Retirement Systems unless otherwise authorized by the City Council according to State Law. (This is in addition to their Social Security coverage).

B. All Tier II elected officials are considered part-time employees and, therefore, ineligible for retirement benefits.

The cost of this program is paid for by Richfield City and the employee in the percentages set by action of the City Council.

For employees holding positions with Richfield City as elected officials or appointive officers, eligibility for retirement benefits with Utah Retirement Systems will be based upon the following.

For individuals considered by URS to be Tier I (earned URS retirement service credit prior to July 1, 2011), eligibility will be based on meeting the monthly Minimum Earnings Requirements as dictated by URS.

For individuals considered by URS to be Tier II (not having previously earned URS retirement service credit prior to July 1, 2011), eligibility will be based on position, as shown below.

• Individuals elected to the position of Mayor or Council Member will be considered part-time ineligible.

• Individuals appointed to the position of Clerk will be considered part-time ineligible.

• Individuals appointed to the position of Deputy Recorder/Zoning Administrator, Treasurer, or Finance Director will be considered full-time eligible.
Motion: Approve the amendments to the policy and procedure manual for for elected officials and appointed officers as ineligible for retirement benefits under Tier I or Tier II, Action: Approved, Moved by Kip Hansen, Seconded by Kendrick Thomas. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street

  1. EXPENSE FOR A GEOTECHNICAL SITE STUDY FOR NEW POOL LOCATION APPROVED. Jamison Christensen had received two bids for geotechnical work for the new swimming pool site. Landmark Testing and AGEC. He believed that the intent is to help us better understand what is going on with the site and to show CIB the City’s commitment to the property. He explained how the work would be performed and that there would be a log of soil samples with a report. They would do some deeper borings right at the footprint of the building and some additional borings around the parking area, but they would not be as deep. One of the firms proposed doing some test pits, which would be more evasive. Landmark Testing had a base bid of $15,000 for that scope of work, and AGEC had a base bid of $12,485.

Mr. Christensen had asked them to look at some additional scope of work items, which he initially thought we might need to do. After looking further into the building code, they would not be required, and he would be comfortable not requiring them. He recommended that the City accept the bid from AGEC.

Councilmember Thomas stated that he saw the map of where the proposed test pits are being proposed. One was in the parking lot by the well, and another on the north side of the pavilion. One is near the playground area, and one is on the northeast corner of the existing pool. Councilmember Hansen stated that if one could get it done sooner than the other, with the price differential, he felt it would be better to go with whichever one could do it faster. Motion: Award the bid to AGEC with a base bid of $12,485 if they can do the work by September 20, and if not, we would consider the other bid, Action: Approved, Moved by Kip Hansen, Seconded by Tanner Thompson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street

  1. OTHER BUSINESS. Councilmember Thompson asked about the status of Ville 647 and if we were moving forward with the demo. It was reported that they are still waiting for a letter from Environmental Quality, but once they have it, they will begin demolition.

Councilmember Thomas discussed the placement of an “R” on the hill. He showed the Council a rendering of what that would look like. He explained that it would be approximately 40 feet from the ground surface. Mayor Burrows does not want to remove the City’s ability to use the clay from the current location for future projects. There is quite a steep road to the location, so getting concrete there will be a challenge. There was some discussion about locating it on the hill by the water tower. Councilmember Thompson thought Turtle Hill would be a good location, noting that the City owns it. The City does not own the whole hill, and the location of a power pole and power lines on the top of the hill may create some challenges. It was not known what type of distance there would need to be from the power line. It could access it, and Councilmember Thompson thought it would be a more visible location. Councilmember Thomas will look into some different spots and try to get some final cost estimates.

Chief Lloyd reported on the high traffic volume we are experiencing, especially at 400 South and 400 West intersections. He wants to make this intersection of 300 North and 400 West four-way stops. The Council gave Chief Lloyd permission to approach UDOT about putting a four-way stop at these intersections.

  1. MEETING ADJOURNED. At 8:13 p.m., Motion: Adjourn, Action: Adjourn, Moved by Kendrick Thomas, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Kendrick Thomas, Kip Hansen, Tanner Thompson. Excused: Elaine Street.

PASSED and APPROVED this 12 day of September 2023.