10.12.21 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
October 12, 2021

Minutes of the Richfield City Council meeting held on Tuesday, October 12, 2021, at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor David C. Ogden presiding.

1. OPENING REMARKS
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES APPROVED
5. EXPENDITURES APPROVED
6. PLANNING COMMISSION REPORT
7. PUBLIC HEARING – COMMERCIAL KENNELS
8. PUBLIC HEARING – MOTEL/HOTEL/EXTENDED STAY
9. PUBLIC HEARING – PARKING FOR MULTI-FAMILY ZONES
10. PUBLIC HEARING – REZONE 265 N 600 E
11. PUBLIC HEARING – TRANSPORTATION PLAN 100 WEST
12. PUBLIC HEARING – RM24, LLC ANNEXATION
13. RESOLUTION 2021-16 ADOPTED
14. ORDINANCE 2021-18 ADOPTED
15. BUDGET FOR THE FISCAL YEAR 2021-22 OPENED AND AMENDED
16. APPLICATION FOR A FIG GRANT APPROVED
17. SALT SHED APPROVED
18. OTHER BUSINESS
19. EXECUTIVE SESSION
20. RECONVENE & ADJOURN
21. OPENING REMARKS were offered by Councilmember Nielson.
22. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.
23. ROLL CALL. Present: Mayor Ogden, Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley, Tyson Hansen. The Richfield City Council Meeting on October 10, 2021was conducted electronically In accordance with Resolution 2020-2.

Mayor Ogden stated that with the snow we had last night, we had a lot of limbs that broke. He is aware of 3 guys in particular, although he is sure there were more, that saved the City a ton of money and worked hard all day. They chipped up the branches that fell in the cemetery. He knew of Brion Terry, Matt Christensen, and Jordan Short that brought their equipment and helped out. He stated that volunteerism is alive and well in our community.

4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on August 24, 2021. Motion: Approve the minutes of the meeting held August 24, 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.
5. EXPENDITURES APPROVED. The Council reviewed the warrants for September 2021. Councilmember Nielson questioned the expense for a weed eater from Ahern Rental that was $340. This was purchased for the cemetery. Motion: Approve the warrant register for September 2021, 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.
6. PLANNING COMMISSION REPORT. No report was given.
7. PUBLIC HEARING – COMMERCIAL KENNELS. Mayor Ogden opened a public hearing at 7:14 p.m. to receive comments on a proposed amendment to the Zoning Code to allow commercial kennels in the CG zone as a C-2 use.

Councilmember Burrows said he was at the Planning Commission when they held their hearing and then they voted to recommend the Council change the code to allow commercial kennels in general commercial zones as a C-2 use.

Danielle Peterson stated that this would not help her and she has to relocate her business because it is not in the proper zoning district. She would like to see this move forward because it would allow her to grow inside of the City limits. Right now, she has to go outside the City, so she would like to see the change made to the CG zone.

Councilmember Christensen asked if the animals are outside or just inside. She lives on East Center Street and someone has some dogs a half-mile away and she can hear them barking constantly. Ms. Peterson stated that they do have a potty/play area outside that they utilize 6 times a day for 15-minute breaks.

Councilmember Burrows went down and visited her facility and he did not see any reason why she should not be able to have her business at this location 350 South 100 East. It is clean and well-maintained. She had a contract for one year, but she had to get out of it because her business is not allowed in this zone. She said she was allowed to locate there why the Planning Commission decided what to do.

Mayor Ogden closed the hearing at 7:30 p.m.

8. PUBLIC HEARING – MOTEL/HOTEL/EXTENDED STAY. Mayor Ogden opened a public hearing at 7:30 p.m. to receive comments on a proposed amendment to the zoning code defining motel/hotel/extended stay.

The draft ordinance defines what a motel, hotel, and extended stay rooms are. It would limit the number of rooms rented for an extended stay to 25% of the rooms available at that location. Units used for extended stay have to have a fridge, cooktop, and sink other than the bathroom sink. The rooms would have to comply with building codes. The business would be required to keep a log of guests and the police chief would have the authority to inspect the list and the property.

Councilmember Christensen understood that if the business owner wanted to use rooms for apartments, they could only do that with 25% of their rooms, and those beings as such would have to have a kitchen in them.

Councilmember Nielson noted that there is not currently a kitchen in the rooms being used for an extended stay. Chief Lloyd stated that they have been given a hot plate which is a building code issue. Councilmember Nielson stated that this is a safety concern.

Chief Lloyd stated that if the business owners want to use their facilities as apartments, then they need to go through the process. He has no problem with that, but there is a problem with them violating the codes and just doing it.

Chief Lloyd stated that what we are trying to do is give a clear understanding of what the legal definition is.

Councilmember Hansen asked if we got this ordinance from somewhere else. We did not get it from anywhere else. Councilmember Hansen stated that since we built this from scratch, no one else has tested and tried so maybe we can be that model legislation for someone else. He is sure that this is not a problem unique to Richfield.

Councilmember Nielson addressed the term of 90 days in a 180-day period because she thought there are people who are staying in the motels for more than 90 days.

Councilmember Hansen felt that this is a good ordinance.

Councilmember Nielson wanted to talk about the number of people that could stay in a room. The building and fire codes regulate the number of people who can stay in a room.

Chief Lloyd explained that there will always be a percentage of the population that this kind of housing. If they have to go to an extended stay motel, they should at least have those amenities that they need to take care of themselves.

Councilmember Hansen stated that he and his family had to live in the Quality Inn for a month when they were moving here. He did not like paying his rent by the day because that was a pretty expensive apartment, but he was glad to have that option. The only difference is that he had an exit plan and the people that we are dealing with do not.

Councilmember Nielson reminded the Council of the review on the internet for one of the motels and the lack of cleanliness. She wondered if there was something that public health needs to be doing to monitor that. It seems to her that if we have people coming in and complaining about the motels that we have, it worries her about the safety of the other individuals. Is there a way to monitor the health standards so we are not putting people in a filthy situation?

There is a paragraph in the draft ordinance that states rooms used for an extended stay shall be cleaned regularly to comply with public health codes and prevent sanitation problems. This is not something we can necessarily monitor.

David Anderson felt that limiting the number of extended-stay rooms to 25% would reduce the reliance on them for income and they are going to have to invest to start attracting customers again so they can make money.

Councilmember Hansen noted that they will actually have to employee housekeeping help that they are not right now.

Councilmember Burrows asked if the City would still collect transient room tax on the extended-stay rooms and the City will.

Someone asked if this would address campgrounds like those that have cabins and things. In recent travels, he has seen an increase in people staying in cabins and covered wagons and he thinks that this may be something that could become an issue in the future.

Postal services were discussed because the individuals living in these motels do not have an address. Councilmember Hansen said that this is just another way that these people are being victimized.

Mayor Ogden closed the hearing at 7:49 p.m.

9. PUBLIC HEARING – PARKING FOR MULTI-FAMILY ZONES. Mario Gonzalez said that Pleasant Grove City requires 2 parking spaces per unit. High-density housing projects had a lot of parking problems and they ended up parking on the streets. He thinks the 2 parking spaces would solve that.

Councilmember Hansen likes that there is a minimum so that if someone is trying to accommodate a nicer development, they would have the option of allowing more than that.

Councilmember Burrows stated that the Planning Commission talked a lot about this and Eric Mainord and his partner Greg were here and they made some comments and thought that this would be a good way to handle it.

Amy Myers said that there were also comments made about studio apartments not necessarily needing 2 parking spaces. One guy stated that he had some studio apartments and if there is too much parking, they are used to collect junk.

Mayor Ogden does not think that any of our apartment developers have objected to this.

10. PUBLIC HEARING – REZONE 265 N 600 E. Mayor Ogden opened a public hearing at 7:53 p.m. to receive comments on a proposed amendment to the Zoning Code rezoning the property located at approximately 265 North 600 East from CS (commercial shopping) zone to RM-11 multi-family housing. The Council discussed that the properties next to this were a vacant lot and a meatpacking business. Councilmember Burrows stated that it also borders the piece of property owned by the Barneys that we changed to RM-11.

Hearing no other comments, Mayor Ogden closed the hearing at 7:53 p.m.

11. PUBLIC HEARING – TRANSPORTATION PLAN 100 WEST. Mayor Ogden opened a public hearing at 7:55 p.m.to receive comments on a proposed amendment to the transportation master plan to change the designation of 100 West Street from 1500 South to the south from a major collector to a minor collector.

Carson DeMille stated that the road is a dead-end road which was one of the reasons to reduce the width of the road. He explained that there would still be 2 travel lanes and a turn lane there.

Mayor Ogden closed the hearing at 7:57 p.m.

12. PUBLIC HEARING – RM24, LLC ANNEXATION. Mayor Ogden opened a public hearing at 7:57 p.m. to receive comments concerning a proposed annexation of property located at approximately 1300 South and 550 West. Councilmember Christensen wondered if we know when they were going to start the housing project. They have submitted some preliminary designs that would include 2 crossings of the canal and they have approached the Canal Company about this proposal. Hearing no further comments, Mayor Ogden closed the hearing at 7:59 p.m.
13. RESOLUTION 2021-16 ADOPTED. The Council reviewed an annexation petition filed by Four Star, LLC., to annex property located at approximately 1500 South and 100 West. Councilmember Hansen asked if the water requirement had been discussed. They will probably be looking at requesting the cash option. Motion: Adopt Resolution 2021-16 accepting the annexation petition filed by Four Star, LLC, Action: Adopted, Moved by Bryan Burrows, 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.
14. ORDINANCE 2021-18 ADOPTED. The Council reviewed an ordinance to rezone the property located on 500 West between 700 and 800 South and owned by Cefalia Development, LLC to RM-24 (high-density multi-family residential). Mayor Ogden noted that the Planning Commission recommended that the zoning for this property be changed to RM-24 (high-density multi-family residential). Motion: Adopt Ordinance 2021-18 rezoning the property located at approximately 500 West between 700 and 800 South to high-density multi-family residential (RM-24), Action: Adopted, Moved by Kip Hansen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
15. BUDGET FOR THE FISCAL YEAR 2021-22 OPENED AND AMENDED. Tyson Hansen stated that the Council accepted some grant money for a fiscal incentive grant for a marketing campaign with At Your Leisure and a Trails 360 mapping project. Mr. Hansen recommended that the budget be amended to include a revenue and expense account in the capital projects fund to account for these projects. Motion: Open and amend the budget to include a revenue and expense account in the capital projects fund to receive and expend the funds from the FIG grants for the Trails 360 mapping project and marketing of the ATV trails with At Your Leisure, 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.
16. APPLICATION FOR A FIG GRANT APPROVED. Carson DeMille stated that the trail they are building now will be completed this next summer and it starts at the top of the White Pine area. With the recent storms and lack of maintenance, the access road is in really rough shape. In order for the trails to be accessible, they need to be accessible by passenger vehicles and vans and it is not.

The Forest Service is willing to contribute $10,000 in cash and $15,000 in culverts. The County is willing to contribute whatever the City is willing to put in. He and Tyson talked with the State to find out how much of a FIG grant we could apply for and they thought it would be possible to get a 350,000 grant. For the application to be successful, we would need to match at least 30 to 35% of the amount applied for.

Mr. DeMille would propose to grind the road from the water tank and the tight S turn up to the Forest Service boundary and then do a magnesium chloride treatment up to Little Valley. The rest of the grinding would be done from Little Valley up to Burnt Hollow and from Red Butte up to White Pine.

Councilmember Nielson asked if they have the approval from the Forest Service. Mr. DeMille said that they were in the meeting and they seem to be on board and they have approved the $10,000 cash and the $15,000 in culvert. They would like to do more but they only have one road grader and they have 2,200 miles of road that they have to take care of. They just cannot give it the attention we need it to have in order for the bike trails to be more accessible. This road serves the ATV community, the biking community and the Harrisons held the ultra-marathon and used those trails and the road. It serves a lot of interests.

Councilmember Hansen felt that this is a very good benefit to our new brand and we do reap the benefits, so he could see that we felt justified to do improve the transportation avenues outside our municipalities.

Councilmember Nielson asked if what we are proposing to do to the road would survive the winter and what the longevity of the improvements would be. Is this something that we would have to do yearly, every 5 years, etc.?

Mr. DeMille stated that there is never a permanent fix for a dirt road. It is always going to need help at some point. The grinding process is usually a 2 to 5-year benefit.

Mayor Ogden asked if the new culverts are just to replace the existing culverts. Mr. DeMille stated that there are a lot of existing culverts, but at the top where the old ranger station used to be on up there are no culverts there at all. Either they have been buried or there have not been any put in.

Councilmember Hansen asked what the life of a magnesium chloride application on these roads. Mr. DeMille stated that usually with one application you will get through a year well with it, but as it is reapplied every year, not that he is proposing that, the residual stays over time so you get to the point where you do not have to apply even half as much as you did.

Right now, they have budgeted to grade the whole road from top to bottom, but we would only grind about 8 miles, blade the whole thing, and depending on which budget we go with, we might mag anything that we might grind.

Councilmember Christensen wondered what would happen if we did this entire road and then we have some kids go up there with their four-wheelers when it is really muddy and wet and kind of ruins the whole road. Mr. DeMille stated that they usually shut the gate during the winter to avoid the majority of that, but that is always a potential issue for sure.

Councilmember Hansen noted that we have put so much effort into those trails and we are becoming known for them and it is an asset for us. Jorgensen’s has already bought a van to do shuttle services, but right now they could not do it.

Councilmember Burrows has used this road a lot over the years and has seen it in bad condition, so he was a little surprised that they could not get a four-wheel-drive up there. Mr. DeMille stated that you could drive up it, but to drive a van with about $30,000 to $40,000 worth of bikes hanging on the top and the back, is not justifiable.

Councilmember Nielson stated that she just took a group of boys up so they could ride the trails and it was tough. Councilmember Burrows wondered with the amount of traffic this road gets, he just wonders how long it would even last. He stated that they ground the Elsinore side and it was a pretty good road for a while. The Elsinore side only gets you to Red View and from there up is where it is really bad.

Mr. DeMille felt that grinding the road would get us out 3 to 5 years, but the grading of the road would be good to do every couple of years. Grading the road from top to bottom is about $8,000. The Forest Service has about $10,000 that is available to the County for this type of thing. If we could get them to commit this to the City or County every year or hire someone to blade that road possibly every year.

Councilmember Burrows asked if any of this road goes into Millard County. Mr. DeMille stated that the top does. Councilmember Burrows wondered if this would be an issue with the County. Mr. DeMille noted that the County is aware of this. Millard County is actually who blades that road right now all the way into Richfield. If we could do a $350,000 project it would be great because that would be a longer-term fix. We could do a $250,000 or $260,000 or we could scale it down to $220,000. The City could make it contingent on the award, but it would be nice if Mr. DeMille knew where the City stood so he did not submit something that is not reasonable or doable.

If we did a $350,000 project, a 35% match with the City and the County and then $25,000 from the Forest Service, so the City and the County would each have to bring $48,750.

Councilmember Christensen stated that she sure is not for this. Councilmember Nielson felt that we needed to do this because we have an asset that we need to maintain it. Councilmember Christensen felt that it is not in the City limits so she thinks the County and the Forest Service should be paying for it.

Councilmember Hansen sees Councilmember Christensen’s point, but he also thinks that we need to leverage the cooperative effort because no one is going to do it if we do not all pitch in. It is not just people from out of town, our citizens benefit from it first and then the people coming in benefit.

Motion: Approve the application for a FIG grant to fix the CC Road with the City match not to exceed $50,000, Action: Approved, Moved by Kip Hansen, Seconded by Connie Nielson.

Councilmember Gleave stated that right on 300 North and College Avenue is our best trailhead. That road is the best access out of Richfield for any activity you want to do on that mountain. You have your ATVs, bicycle trails that are brand new and they are awesome, and that is the best access for anyone. He thinks it would be awesome for Richfield City to step up and help maintain that road.

Mr. DeMille felt that Richfield City is the real benefactor of this project. The hotels, gas stations, restaurants, etc. Any revenue earned from this is coming to Richfield first and foremost.

Vote: Motion carried by the following roll call vote (summary: Yes = 4, No = 1). Yes: Bryan Burrows, Connie Nielson, Kip Hansen, Todd Gleave. No: Kathy Christensen

17. SALT SHED APPROVED. Mr. Hansen noted that this has been discussed in another meeting. We were going to do this inexpensively and do this for $5,000 with a tin shed. After the Council input, we decided that we wanted to do it right so it will last. With 8-foot concrete stem walls and a concrete floor and maybe a coast-to-coast metal cover with 4-foot legs approximately a 20×24. Mr. Mogan has checked with a couple of contractors and while we do not have solid numbers yet, the estimate is between $15,000 and $16,000 which would be a nice salt shed.

Motion: Approve the construction of a salt shed for housing salt to treat the roads during winter storms not to exceed $20,000, Action: Approved, Moved by Bryan Burrows, 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.

18. OTHER BUSINESS. The Council discussed the number of tree limbs that came down because of the storm and all of the volunteers that we had helping with fallen limbs and branches and how much they appreciated all of the help.

Councilmember Burrows had a contractor go up and look at the metal structure of the pool. Mr. Busk seems to think that the metal structure is sound and he wondered if the Council would be okay to get an opinion from Savage Engineering on what they think. One of the concerns is the furlings in the roof because they are covered with stuff that is falling off. Councilmember Christensen did not think it would hurt, nor did Mayor Ogden. Councilmember Hansen stated that he would be for it if it would help finish that project right. Councilmember Burrows stated that the whole roof is separate from the building. When he was there looking at it, it appears that we could very easily blow the building out and leave the roof there. Basically, the walls that have been there since 1953 could come out without affecting the roof. We need to look at a cost before we make any decisions.

The Council discussed continuing the contribution to the Sub for Santa and Shop with a Cop program.

19. EXECUTIVE SESSION. At 8:36 p.m., Motion: Adjourn to convene an executive session to discuss the purchase of real property, Action: Adjourn, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
20. RECONVENE & ADJOURN. At 8:59 p.m., Motion: Reconvene and adjourn, Action: Adjourned, Moved by Bryan Burrows, 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. PASSED and APPROVED this 9th day of November 2021.