10.11.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
October 10, 2022

Minutes of the Richfield City Council meeting held on Tuesday, October 10, 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. ORDINANCE 2022-25 REZONING BLACK, ALBRECHT, AND NAY PROPERTY ADOPTED
  6. ORDINANCE 2022-29 ANNEXING PROPERTY ADOPTED
  7. ORDINANCE 2022-30 REZONING WAIMEA PROPERTY ADOPTED
  8. PLANNING COMMISSION REPORT
  9. ORDINANCE 2022-33 REZONING VILLE 647 PROPERTY ADOPTED
  10. STREETS AND BRIDGES FOR JOINT HIGHWAY FUNDING DISCUSSED
  11. OTHER BUSINESS
  12. EXECUTIVE SESSION
  13. RECONVENE & ADJOURN
  14. OPENING REMARKS were offered by Tyson Hansen.
  15. PLEDGE OF ALLEGIANCE was led by Councilmember Gardner.
  16. ROLL CALL. Present: Mayor Burrows, Brayden Gardner, Todd Gleave, Kip Hansen, Elaine Street, Tanner Thompson, Michele Jolley, Tyson Hansen.
  17. MINUTES APPROVED. The Council reviewed the minutes of the special meeting held on September 13, 2022, and made the following changes. Motion: Approve the minutes of the special meeting held on September 13, 2022, Action: Approved, Moved by Todd Gleave, and 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.
  18. ORDINANCE 2022-25 REZONING BLACK, ALBRECHT, AND NAY PROPERTY ADOPTED. Mayor Burrows stated that we have talked about this a lot and he feels that the Council has done a good job of looking into things and trying to determine what is best for the community. Councilmember Gardner said that he has put a lot of thought into this and the Council has as well. His opinion is that he is favorable to it and he does feel that this is a better fit than what they had looked at before. Motion: Adopt Ordinance 2022-25 rezoning the property owned by Jake Black, Adam Albrecht, and Bryan Nay located at approximately 1100 North 300 West, Action: Adopted, Moved by Brayden Gardner, Seconded by Kip Hansen. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. No: Tanner Thompson.
  19. ORDINANCE 2022-29 ANNEXING PROPERTY ADOPTED. The Council reviewed an ordinance to annex 25.79 acres of property owned by Robert J. Parker, Waimea LTD Partnership, and Mary Lee Harrison that is located north of 1100 North, south of Flying J Drive, east of Main Street, and west of 500 East into the City boundary. They also consider zoning the property being annexed as general commercial, multi-family, and high-density multi-family as presented in the concept plan. Councilmember Gardner stated that he has a conflict because he had represented Mr. Parker and Waimea LTD Partnership as well as the Jensen piece we will be talking about in the next item. Motion: Adopt Ordinance 2022-29 annexing the 25.79 acres owned by Robert J. Parker, Waimea LTD Partnership, and Mary Lee Harrison and designate the zoning of the property as commercial shopping (CS), multi-family residential (RM-11) and multi-family high-density residential as shown in the attached drawing. The zoning will follow the parcel lines when platted, Action: 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.
  20. ORDINANCE 2022-30 REZONING WAIMEA PROPERTY ADOPTED. The Council reviewed the ordinance to rezone a portion of the property from general commercial to high-density multi-family residential. It is identified in the exhibit as the southeast portion of the property and is located approximately 1200 North between Main Street and the Sevier Valley Canal. Councilmember Gardner declared a conflict of interest because he represents the seller on this parcel. Motion: Adopt Ordinance 2022-30 rezoning the southeast portion of the property identified as tax parcel #1-2-20 located at approximately 1200 North between Main Street and the Sevier Valley Canal, Action: Adopted, Moved by Elaine Street, 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.
  21. PLANNING COMMISSION REPORT. Kendrick Thomas was present to discuss the Planning Commission meeting held on October 5, 2022. The Planning Commission met with the consultant, Bruce Parker, on the update to the General Plan. All of the changes had been made, except for a proposal to amend the future zoning map such that they wanted the map to reflect low-density residential (single family) medium density (RM-11), and high-density (RM-24) zoning. Their goal is to limit how much RM-24 zoning would be available for adjustments. That would limit it to one or two blocks east and west of Main Street. They are considering a recommendation that the RM-24 development could not be within 1,000 feet of another RM-24 development. That would prevent one area from becoming too saturated with high-density housing.

The consultant felt that the changes were significant enough that they should review the plan before submitting it to the Council.

They did discuss a clarification of the setback requirements for residential zones. Next month they plan to discuss storage containers in commercial zones and short-term rentals. There is a provision in the code for a childcare daycare in a residential zone, but they have a request for adult daycare in residential zones. The Planning Commission made a recommendation to change the ordinance to include this.

They revisited the decision to change the Ville 647 to the RM-24 zone. The Planning Commission thought that a separation of 1,000 feet between RM-24 zones should be the standard going forward, but that is not on the books so that cannot be a reason to deny the request for a zone change. After further review, they did pass a motion to recommend changing the zoning for the property to RM-24. Councilmember Thompson asked about the 1,000 feet guideline and if the Planning Commission is still recommending that the zone be changed despite this. Mr. Thomas stated that they thought this was included in the ordinance, but it is not. It was just an item they discussed and never formally adopted. The Commission is still of the opinion that the 1,000-foot separation should be recommended. Currently, that is not on the books so this property would not be subject to that restriction.

Mayor Burrows asked what the difference in the number of units there would be between RM-11 and RM-24. RM-24 would allow approximately 36 units and an RM-11 would allow approximately 17 to 18 units. They went through the parking requirements and they would have adequate parking there for an RM-24. They did talk about the requirement that counseling would be provided. Mr. Warburton stated that a requirement from the State would be that instead of making payments on the $1 million he has been granted, his payments would be put toward the counseling and case management for individuals who are housed there. The residents would need to pay some rent and some utilities. Mr. Warburton was asked who the oversight agency would be on this. He indicated that it is the Governor’s office for homelessness through the Department of Workforce Services.

Councilmember Hansen stated that he liked the model because it would teach the residents life skills. It is intended to help people who live here. Mr. Thomas noted that he felt good about the opportunity to spend some money to address homelessness in our area. The Planning Commission did recommend approval.

They approved conditional use permits for Paula Warner, one to operate a short-term rental business at 93 West 1000 North, and one for a massage business at the same location.
A conditional use permit was granted for a duplex at 160 East Center and a conditional use permit for a game shop at 22 East 200 South was approved.

They approved the exterior finishing material for the Six County warehouse building on 600 North.

  1. ORDINANCE 2022-33 REZONING VILLE 647 PROPERTY ADOPTED. The Council reviewed an ordinance to rezone the property located at 647 South Main and identified it as tax parcel #1-8-11 owned by Ville 647, LLC, to high-density multi-family residential RM-24. Councilmember Gardner asked Mr. Warburton what would happen to the current tenants as he transitions into this new use. They would ask the City to allow them to move people around from room to room as the units are redone. Councilmember Gardner asked how many of the current tenants would qualify under the new program. Mr. Warburton felt that all of them would qualify.

Councilmember Hansen asked if there are life events that would require them to move forward. Mr. Warburton indicated that generally, a person has 9 months to a year to become self-sufficient. Their job is to help them transition into their own housing.

Councilmember Thompson noted that these funds are set aside to help with homelessness. He asked Chief Lloyd how pervasive homelessness is in our area. Chief Lloyd stated that we do have homelessness in our area. Councilmember Thompson stated that this is going to be section 8 housing on our Main Street. He has a problem with this and he said Mr. Warburton stated that they are going to have to bring in another half a million dollars to bring this building up to code.

Councilmember Thompson asked about the management of the facility and if the crime is going to improve. They will be installing high-definition cameras which would help with this. They will do what they can to curb the crime there and improve supervision. Councilmember Thompson asked how he would mitigate people from migrating them here. Mr. Warburton stated that they could be people from the six-county area because the funding comes from the Six County area. Councilmember Hansen stated that he shares some of Councilmember Thompson’s concerns but he sees that location being a positive because it is a natural buffer from other residential areas and the tenants are able to walk to services. These people are going to be somewhere, we cannot just wish them away.

Mayor Burrows asked Mr. Warburton what his plans were for the outside of the building. He would like to see a block wall around it for a little more security and possibly a playground for the littles.

Mr. Warburton stated that they would like to have some shade trees on each side with a dog park or sitting area and playground. A better fence would be great and it needs a landscape upgrade and a paint job. He was thinking of a rod iron fence maybe. Councilmember Hansen understood that he was talking about just working within the basic footprint. Mr. Warburton stated that he was going to be working within the same footprint. Some of the parking would be changed into the playground or sitting area and then move the cars parking to the sides.

Mr. Warburton talked about maybe changing the exterior of the building based on some of the other properties that they have done. They are building one in Ogden right now and they require a certain amount of brick or stone and wood and not so much stucco. He noted that Six County presented their finish which is a metal finish, which is allowed now.

Councilmember Gleave asked what the timeline was for the grant. Mr. Warburton stated that his contract starts negotiations on Friday, so that allows them to put deed restrictions on the property. This is so that the property stays within the end purpose.

Mayor Burrows stated that, from his perspective, Mr. Warburton has done what we have asked or said he would do since Mayor Burrows has been meeting and corresponding with him. We still have a little hang-up with the business license, but as far as the facility goes it is a step in the right direction. Unfortunately, there are people who need help and he knows it is easy for us and people to turn their noses up or to try and look the other way and avoid this. There are people who need help and he is certainly grateful that he has never had to be in that type of situation. He felt that we needed to be careful because we do not want to bring in a bad element, but the bad elements are here already. He felt that there is a need for this and that this was a step in the right direction. Councilmember Hansen stated that early on in the process, he was somewhat combative with Mr. Warburton, but his understanding of the whole issue has expanded and his heart has been softened in some ways, and he is very objective about what the whole issue is, and the responsibility we have as a municipality to these citizens in our community.

Councilmember Hansen would like to see the property comply so we do not have to have the issues that we have had and he apologized to Mr. Warburton for being a little salty at times, but he appreciates Mr. Warburton’s willingness to invest in our community. Motion: Adopt Ordinance 2022-33 rezoning the property located at 647 South Main identified as tax parcel #1-8-11 rezoning the property to high-density, multi-family residential (RM-24), Action: Adopted, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Elaine Street, Kip Hansen, Brayden Gardner, Todd Gleave. No: Tanner Thompson.

  1. STREETS AND BRIDGES FOR JOINT HIGHWAY FUNDING DISCUSSED. Mr. Farmer discussed the possible future projects that would qualify for Joint Highway funding applications. He showed the Council a proposal for the realignment of 100 East from 500 South to 800 South. The Council discussed the property that the City would need to acquire from property owners along that section of 100 East. We have been trying to sort this out because of the RV park that is proposed along that section of the road. There was some discussion about the right of way being narrower than what it should be. Mayor Burrows stated that we could do what we did further down on 100 East and just put a sidewalk on one side of the street.
    Councilmember Gardner asked if there are still discussions about the road running more to the north across the Wallace property. Mayor Burrows stated that he visited with Mr. Wallace about a year ago. Mr. Farmer would be concerned with the angle that the intersection would be on. The proposed layout would make the intersection a 3-way stop rather than having the road coming in in the middle of the turn.

There is a cinderblock building that will have to come down and Mayor Burrows pointed out that some of this property is in the old railroad right of way.
Mr. Farmer also discussed that there is also funding from the Joint Highway Committee that can be used for bridge projects, which is a separate funding source from the funding for roads. He noted that this section of 100 East would not be eligible for funding. They discussed bridges that the funding could be used on. We could apply for funding for the 100 East bridge, or if we do not get the federal funding for 300 West and Upland Drive. We will not know about this funding until after the first of the year.

It used to be that if you were awarded funding for a project, you had to wait for 2 years before you could apply again. However, they have changed that, and even though we received the funding for 500 North, we could apply again this year for another project. The roads discuss for that funding were 400 West and College Ave.

Mr. Farmer stated that the traffic on 400 West is about 3,500 cars per day and on College Avenue, it is about 2,000.

The application is due by January so they can come up with a cost estimate for either one depending on which one is of higher priority to the Council. Councilmember Gardner asked if he had a recommendation on which one makes more sense. Mayor Burrows noted that we put a band aid on 400 West a few years ago because it got pretty beat up when they constructed the addition to the high school.

Mr. Farmer asked about the bridge on 100 East and if the Council wanted to apply for that as well. Councilmember Gardner wondered if there was a reason why we should not apply for this. Councilmember Thompson felt that we should get moving on 100 East. Councilmember Street also thought we should apply for the bridge.

  1. CIB REPORT. Mayor Burrows reported on the CIB meeting and the funding that was approved for the City. He felt that it went well and that we had been treated quite well given what we had applied for. The overall project cost was approximately 4.1 million dollars roughly and 2.1 million dollars was for the spring and the rest was for water line repairs, along with the CARES money of approximately $700,000. The CIB approved a 60/40% grant/loan with 1% interest on the 40% loan over 30 years. We had asked for interest-free over 20 years, but Mayor Burrows understood why they wanted to get a little interest on it, which allowed them to take the money out of a different fund. They have more money to loan right now than they have to grant. They funded us that same meeting, which typically they wait 3 months before funding, but because it was a funding meeting and they agreed to hear our application, they were able to fund us at that meeting. We need to get this going as soon as possible because of the time frame that we have. Mayor Burrows noted that we were able to stay within our debt coverage ratio. We are going to have to raise water rates going forward, but we do not have to raise rates to pay for this project. Our revenues are down a little because people are using less water, but that is what they have been asked to do. As far as where we are at right now, our system is good. Our wells are good and we have not noticed a real fall-off, but we do need to do some upgrades and this is a good start in the right direction.
  2. OTHER BUSINESS. Mr. Hansen reported that we did not get the bid for the County truck. The bid went higher than what we thought the truck was worth. He did reach out to the County and let them know that if the deal fell through, the City was interested. The truck that we were going to move to the golf course is now inoperable because of an issue that is yet to be diagnosed. We will just continue to solve that issue. He will continue to look for a good used vehicle with the parameters that were discussed in our previous meeting.

Councilmember Gardner was told that there are a couple of horses on some property in town. He wondered if that is permitted. Mayor Burrows noted that some of them were moved. The one that Councilmember Gardner was made aware of was on 400 East.

Mr. Mogan told the Council the roads that will still need to be stripped.

Chief Lloyd updated the Council on the vandalism at the golf course, noting that there had been an arrest made. He also explained that he has been working on a grant for a radar trailer and he was finally able to get that. He had it on 400 West for a couple of days and then moved it to 300 South because he wanted to have a traffic count before and after the signal light went in. The sign can be set up anywhere. It counts cars and records speeds. It counted about 18,000 cars on 400 West in 4 days. It was an $11,000 trailer that we got all grant for. He is in the process of trying to get another one.

Chief Lloyd reminded the Council that he had ordered 2 trucks in June and that order has still not gone through. Because of this, he is looking at taking some of next year’s funds and ordering 3 instead of 2. We have the money. Instead of trading in the old trucks, we are looking at handing them down to other departments in the City.

Mayor Burrows asked how we are doing on the sewer/parking lot project. Mr. Mogan stated that they are about 2 days behind, but the project is going well. They have not had to deal with any groundwater and the buildings are holding together surprisingly well.

Councilmember Gardner has been asked about sponsoring a cleanup project at the shooting range. Mayor Burrows stated that Corey Winkel has taken care of that, but he is serving a mission, so it would be good to have someone do some maintenance out there.

ShonTae Hatch wondered what the status was with the infrastructure on 1080 South. She is asking because 1080 South was supposed to be an access for the subdivision, yet they are still going in and out on Abraham’s property without permission because there is no other way to access the property. Mayor Burrows stated that he has not heard anything from Mrs. Abraham. Ms. Hatch indicated that she had contacted her. Mayor Burrows asked that she tell Ms. Abraham to contact the City because that would be a good place to start.

  1. MEETING ADJOURNED. Motion: Adjourn, 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.

PASSED and APPROVED this 8th day of November 2022.