10.24.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
October 25, 2022

Minutes of the Richfield City Council meeting held on Tuesday, October 25, 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. PUBLIC HEARING – PROPOSED AMENDMENT TO THE ZONING CODE – DAYCARE CENTER/ASSISTED CARE CENTER
6. CAPITAL IMPROVEMENT PLAN FOR THE AIRPORT APPROVED
7. DEVELOPMENT AGREEMENT WITH TOK DEVELOPMENT, LLC, APPROVED
8. ORDINANCE 2022-32 AMENDING RESIDENTIAL SETBACKS TABLED
9. REAFFIRM THE ADOPTION OF ANNEXATION ORDINANCE 2022-29
10. QUARTERLY EXECUTIVE PERFORMANCE REVIEWED
11. OTHER BUSINESS
12. EXECUTIVE SESSION
13. RECONVENE & ADJOURN
14. OPENING REMARKS were offered by Councilmember Hansen.
15. PLEDGE OF ALLEGIANCE was led by Mayor Burrows.
16. ROLL CALL. Present: Mayor Burrows, Brayden Gardner, Todd Gleave, Kip Hansen, Elaine Street, Michele Jolley, Tyson Hansen. Excused: Tanner Thompson.
17. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on September 27, 2022. Councilmember Hansen noted that he had not received a copy of the minutes. Motion: Table the approval of the minutes of the meeting held on September 27, 2022, until the next meeting, Action: Tabled, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
18. PUBLIC HEARING – PROPOSED AMENDMENT TO THE ZONING CODE – DAYCARE CENTER/ASSISTED CARE CENTER. Mayor Burrows opened a hearing at 7:04 p.m. to receive comments concerning a proposed amendment to the zoning code to allow daycare center/assisted care center in the R1-10 zone. The City received a request to have a business license for an adult daycare in the R1-10 zones. We allow daycares for children, but our ordinance does not specify daycares for adults. Hearing no comments, Mayor Burrows closed the hearing at 7:04 p.m.
19. CAPITAL IMPROVEMENT PLAN FOR THE AIRPORT APPROVED. The FAA requires the City to have a Capital Improvement Plan for the Airport in order to receive federal and State funding for Airport improvements. The Council reviewed the plan that was put together with the help of Jviation. Motion: Approve the Capital Improvement Plan for the Airport, Action: Approved, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
20. DEVELOPMENT AGREEMENT WITH TOK DEVELOPMENT, LLC, APPROVED. Mayor Burrows stated that we have done this before and we have one right now with Dustin Nielson in the Links Subdivision. We have done this for Corey Winkel, Kay McIff and Randy Christensen. The agreement would allow TOK to do the improvements to the infrastructure at the same time as the building construction. The City would not allow occupancy permits until all of the improvements are in.

Councilmember Hansen asked Mr. Mogan about drainage and if we are okay to allow that to drain into our existing drainage lines there. Mr. Mogan stated that is not aware of any issues that this would create.

Councilmember Gardner asked if the plan is to tie the drainage into the Poulsen Estates Subdivision drainage. Mr. Mogan indicated that is where it goes now. Councilmember Gardner stated that when they put in Poulsen Estates that there is a retention pond on the southeast corner that was designed for this. Motion: Approve the Development Agreement with TOK Development, LLC, ShonTae Hatch asked if she could make a comment on this. Mayor Burrows stated that there are no comments on this. She asked why. Mayor Burrows stated that the Council is doing business and that it is not a public hearing. Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

8. ORDINANCE 2022-32 AMENDING RESIDENTIAL SETBACKS TABLED. The Council reviewed an ordinance that would amend Table 31-3 Development Standards for Residential Zoning Districts of the Land Use Code to change the front yard setbacks, including setbacks for corner lots.

There was some discussion about the Planning Commissions intent that one side on a corner lot remain at 30 feet.

Councilmember Gardner would like the idea of reducing it if they want to. Councilmember Hansen likes Councilmember Gardner’s suggestion to give them the option, but it is not mandated so they could still go to the larger setbacks.

Mayor Burrows pointed out the example of Jim Forsey’s old home and how it has all of the lawn north and west of the house and his back yard is tiny. He thought this could be reduced. Councilmember Gardner noted that there are a lot of issues with side yards being so large.

Councilmember Street could see the purpose being for visibility. It was noted that a 6-foot fence could come out to 12 feet from the property line and it would have to be 10 feet behind the front corner of the home. Councilmember Hansen would like some more time to look at this. Motion: Table Ordinance 2022-32 to a future meeting to be determine, Action: Tabled, Moved by Kip Hansen, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

9. REAFFIRM THE ADOPTION OF ANNEXATION ORDINANCE 2022-29. The Council reviewed the ordinance annexing property owned by Robert Parker, Waimea LTD Partnership and Mary Lee Harrison. It was noted that there were some problems with the legal description on the plat and the amended plat was not done within the 10 days required to file with the Lt. Governor’s office. Motion: Adopt Annexation Ordinance 2022-29 annexing property owned by Robert J. Parker, Waimea LTD Partnership, and Mary Lee Harrison, Action: Adopted, Moved by Elaine Street, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
10. QUARTERLY EXECUTIVE PERFORMANCE REVIEWED. The Council reviewed a quarterly executive performance overview report showing workers comp claims for the City. Mayor Burrows noted that he did not think it look too bad with the exception of the eye claim that we had. Councilmember Gardner clarified that this claim was from 2019. The Council was informed that this claim will fall off the list next year, so our numbers should be better. The thought was that the safety program the City has implemented has helped employees be more aware of the causes of accidents and injuries.
11. OTHER BUSINESS. Chief Lloyd reported that he has 2 officers graduating from the POST this week. He will have all of his employees working the following week, but the new officers will not be fully trained until they complete the on the job portion of their training.

Mr. Mogan updated the Council on the scuba divers that went in to the spring today. They took a video of the vault and the floor look good with very little sand deposited in there. They found that there are 4 12-inch piped bringing the water in and we had thought there was only one. It answered some questions on the structure. Councilmember Hansen asked if the minimal sedimentation is because of the source being fairly clean or is it just self-scouring. Mr. Mogan felt that it was because of the quality of the source.

Mr. Hansen gave the Council a report showing the revenue from sales tax, transportation tax, PAR tax, etc., for September. He noted that the we are still good with those revenues being up approximately 5% year to date. He noted that transient room tax is up almost 20% year to date over last year. He saw a post of YouTube of a guy who had been here to ride our trails. After just being on there for 4 days, there were over 40,000 views.

Councilmember Hansen reported that his FAA team won the State Range Land Judging Contest again this year. Utah is hosting the Western National contest this year in Richfield. The Western National contest will be held on the 7 & 8 of November. There are teams coming from all over. North Sevier took forth so they will also be competing.

Councilmember Gleave noted that the Annual Chamber Dinner will be held on the 9th of November.

He also reported that there will be a Veteran’s Day program on November 11 at 10:30 a.m. at the Veteran’s Memorial. Councilmember Gleave is spearheading this and he would like to have all the Council come. Mayor Burrows thanked Councilmember Gleave for taking care of this.

Mayor Burrows stated that we had some issues at the pool with the chlorinator. It has been fixed so we are back up and running. They are looking into the boiler and moving it. There will be a pool professional that will be coming down to assess our pool.

ShonTae Hatch wanted to talk and Mayor Burrows stated that if she needed to get on the agenda, she could do that. She asked how she would go about doing that. Mayor Burrows told her to call Ms. Jolley or City staff and then Mayor Burrows would put her on the agenda if it were something that is pertinent to what the City is doing.

12. MEETING ADJOURNED. At 7:37 p.m., Motion: Adjourn, Action: Adjourned, Moved by Brayden Gardner, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

PASSED and APPROVED this 13th day of December 2022.