11.08.22 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
November 8, 2022

Minutes of the Richfield City Council meeting held on Tuesday, November 8, 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. EXPENDITURES
  6. FIRST PUBLIC HEARING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
  7. PARAMETERS RESOLUTION 2022-13 ADOPTED
  8. JARED JENSEN DEVELOPMENT AND 100 EAST DISCUSSED
  9. PLANNING COMMISSION REPORT
  10. ORDINANCE 2022-34 ADOPTED
  11. DONAVAN ALLEN WAIVER OF IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT DENIED
  12. SUBDIVISION FOR PEARSON UNITED APPROVED
  13. SETBACKS FOR RESIDENTIAL ZONES DISCUSSED
  14. THE PROPOSED GENERAL PLAN DISCUSSED
  15. OTHER BUSINESS
  16. EXECUTIVE SESSION
  17. RECONVENE & ADJOURN
  18. OPENING REMARKS were offered by Councilmember Street.
  19. PLEDGE OF ALLEGIANCE was led by Councilmember Gardner.
  20. ROLL CALL. Present:

Others present: Edward Nielson, Kylee McClure, Shelby Sorenson, Lila Moriarty, Kianna Byers, Donavan Allen, Dustin Nielsen, Dylan Barclay, Jessi Hunt, Carter Chappell, Hadley Terry, Gabi Bruse, Payton Byars, Jaren Jensen, Carson DeMille, Elzabeth Steele, Katie Anderson, Kendrick Thomas, Mark Dean, Michelle Olsen, Larry Pearson, Erin Thompson

  1. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on September 27 and October 10, 2022, and made the following changes. Motion: Approve the minutes of the meetings held on September 27 and October 10, 2022, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.
  2. EXPENDITURES APPROVED. The Council reviewed the October 2022 Warrant Register. Motion: Approve the warrant register for October 2022, Action: Approved, Moved by Todd Gleave, 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.
  3. FIRST PUBLIC HEARING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT. At 7:06 p.m., Mayor Burrows opened the first public hearing for the Community Development Block Grant. He explained that the purpose of the public hearing is to provide citizens with pertinent information about the Community Development Block Grant program and to allow for discussion of possible applications. This public hearing will cover eligible activities, program requirements, and expected funding allocations in the region. The CDBG Program can fund a broad range of activities, including, but not limited to construction of public works and facilities, e.g., water and sewer lines, fire stations, acquisition of real property, and provision of public services such as food banks or homeless shelters. Mayor Burrows indicated that in the past Richfield City has received funding for the new park to put in a sidewalk, curb, gutter, and asphalt shoulders; funding for a new food bank facility; and a new building for New Horizon Crisis Center for women.

Those present at the hearing: Edward Nielson, Kylee McClure, Shelby Sorenson, Lila Moriarty, Kianna Byers, Donavan Allen, Dustin Nielsen, Dylan Barclay, Jessi Hunt, Carter Chappell, Hadley Terry, Gabi Bruse, Peyton Byars, Jared Jensen, Carson DeMille, Elizabeth Steele, Katie Anderson, Kendrick Thomas, Mark Dean, Michelle Olsen, Larry Pearson, Erin Thompson, Mark Hatch, and ShonTae Hatch.

Having no one from the community that wanted to make comments or suggestions, Mayor Burrows closed the hearing at 7:08 p.m.

  1. PARAMETERS RESOLUTION 2022-13 ADOPTED. The Council reviewed a resolution authorizing the issuance of not to exceed $2,500,000 in Parity Water Revenue Bonds of Richfield City and calling of a public hearing for December 13, 2022, at 7:00 p.m., to receive input concerning the issuance of such Bonds and any potential impact to the private sector from the construction of the Project.

Mark Anderson from Zion’s Public Finance appeared via Zoom and explained how the process works. He explained that the resolution states that the City is going to authorize a bond not to exceed $2,500,000 for 30 years. The loan authorization we have from CIB is for $1,680,000. The $2,500,000 is supposed to give us some wiggle room if the project comes in higher than the $1,680,000.

Councilmember Hansen stated that in his opinion there is not a more important project we have on the table right now that this particular one as far as he is concerned.

Motion: Adopt Parameters Resolution 2022-13 authorizing the issuance of not to exceed $2,500,000 in parity water revenue bonds and call for a public hearing on December 13, Action: Adopted, Moved by Kip Hansen, 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.

  1. JARED JENSEN DEVELOPMENT AND 100 EAST DISCUSSED. Mr. Jensen wanted to know what his responsibility is for the development of his property on 100 East. Mayor Burrows indicated that Mr. Jensen would be responsible to develop the property along the frontage of his property.

He also wanted to know what was happening with the bridge on 100 East and the motel. The Council indicated that we are moving forward with replacing the bridge. Mayor Burrows stated that this is probably going to require some property acquisition on the east side of the road.

The motel has been rezoned and is receiving funding from the State to upgrade the building to apartments. Mayor Burrows is hopeful that now the State is involved that the situation will be better.

Mr. Jensen indicated that he felt there could be an issue with the power line. Mayor Burrows told Mr. Jensen that the City wants to work with him and his project.

  1. PLANNING COMMISSION REPORT. Kendrick Thomas was present to report on the Planning Commission meeting held on November 2, 2022. They held a public hearing and approved a subdivision plat for Pearson United.

The Planning Commission did discuss having 1000 feet between RM-24 developments to try and help with the congregation of these projects all in one area. They recommended changing the ordinance to include the 1000-foot requirement.

The Planning Commission has been working on an update to the general plan. They adopted their updates to the general plan and recommended it to the Council for adoption.

They also approved 2 applications for short-term rentals; one at 398 West 800 South and one at 230 East 300 North. They have been tracking the number of short-term rentals throughout the City and there are approximately 25 short-term rentals in the City right now.

A conditional use permit for Donavan Allen for a 4-plex. It was approved based on the items in the Development Review Committee minutes being addressed. They had a gentleman discuss a dog care business, not for boarding, but the ordinance does not currently allow for this kind of business in the zone of the property he is looking at. There is a restriction that it could not be within 100 feet of a residence.

Mayor Burrows asked about the previous discussions about limiting the number of RM-24 developments to a certain percentage. He wondered if this had gone away. Mr. Thomas stated that they tried to use the future zones on the general plan map to identify where these types of developments could be used for this type of development. The 1000 feet distance requirement was considered in the development of the future zoning map.

They will also be looking at storage containers in commercial zones and looking at other cities and how they regulate short-term rentals. They discussed waiving requirements for street improvements and the consensus of the Planning Commission is not to allow a waiver of improvements unless it is necessary.

  1. ORDINANCE 2022-34 ADOPTED. The Council reviewed an ordinance to allow adult daycare centers/assisted care centers in the R1-10 zone. Motion: Adopt Ordinance 2022-34 allowing adult daycare center/assisted care center in the R1-10 zone, Action: Adopted, Moved by Brayden Gardner, 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.
  2. DONAVAN ALLEN WAIVER OF IMPROVEMENTS FOR SPECIAL IMPROVEMENT DISTRICT DENIED. Mr. Allen is looking at building a 4-plex at 642 South 100 West. He is requesting the Council consider waiving the curb, gutter, sidewalk, and asphalt shoulder now, with the potential of putting them in when the rest of the street is developed with curb and gutter. He believed that right now it would create a drainage issue. Mayor Burrows asked if Mr. Allen was going to install asphalt to the edge of the sidewalk for now. He is proposing to leave gravel in this area and asphalt in the driveway. He will install the sidewalk. Councilmember Hansen asked if there is still the possibility of a good old-fashioned SID. It was noted that the laws have changed so much that it is very difficult to create a SID. With a middle-of-the-block development, it is something that would trigger looking at delaying the improvements.

Councilmember Thompson wondered what the point is of having him install a sidewalk if it would just have to be torn out when a SID is done. A development agreement was discussed instead of a waiver for special improvements. The Council would set the terms of the agreement and could require that within 5 years the improvements would be required.

Councilmember Hansen stated that he would like to look at a proper development agreement and would not be in favor of waiving the improvements at this time.

Motion: Deny a waiver of improvements for a special improvement district and have a development agreement for the installation of improvements, Action: Approved, 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.

  1. SUBDIVISION FOR PEARSON UNITED APPROVED. The subdivision boundary follows the zoning since the building on the south is zoned commercial and the 2 to the north are zoned residential. The buildings on the north will be condominiums, so that will be handled later according to Mr. Pearson.

Mayor Burrows noted that there is a drainage problem on the corner of 100 West 600 South because the pipe running under the street was buried. He wondered if it would not be better to just put a waterway in the full length of 600 South instead of a curb and gutter. Mr. DeMille stated that it will work better with a curb because there is a sidewalk.

Motion: Approve the Pearson United Subdivision as discussed, Action: Approved, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. SETBACKS FOR RESIDENTIAL ZONES DISCUSSED. Councilmember Gardner stated that his thoughts on the corner lots were that they should have a reduced setback to allow for smaller lots and affordable housing. Councilmember Hansen suggested that a smaller setback in the front would allow for a bigger backyard. He thinks most people would prefer to have a bigger backyard.

Councilmember Gardner noted that it could also help with water use as well. He would like to see the front setback reduced and he is comfortable with the way it has been proposed. He felt that we may be able to reduce it a little more. He could argue shorter than what is written, but he knows that the Planning Commission spent a lot of time on this. He likes the possibility of having different setbacks for different zones, but then that gets more complicated. The side yard on a corner lot he thought could be reduced from 30 feet to 20 feet and if there is not a driveway on the corner side, then it could be reduced to 15 feet, similar to what is allowed for a fence.

He has been kind of stuck between 20 and 25 feet if the driveway is on the corner. He thinks that in certain areas, areas of higher traffic, 25 feet makes more sense, and if there is less traffic he thought 20 feet would make sense. As for the side yard on a corner, traffic is his concern because of safety. He recommends that we do not table this too long. He thought we needed to get it done.

Councilmember Hansen would like to see this move forward to an action item at the next meeting. Mr. Thomas stated that the Planning Commission was nervous about the sight triangle which was why they recommended what they did. The engineers could put together something that would show what the sight distance should be based on the amount of traffic in an area.

Councilmember Gardner likes the idea, but he hesitates to reduce the setbacks on the corners because he does not want to end up with an ordinance that has a whole bunch of different provisions that are subsections. Councilmember Hansen agreed because that gets too complicated. If we just have that formula in place as part of the ordinance, he thought it would take care of that. Mr. DeMille stated that the sight triangle would change based on speed.

The Council will look at this again on the next agenda.

  1. THE PROPOSED GENERAL PLAN DISCUSSED. The Council determined to set a meeting on November 30, 2022, to meet with the Planner and the Planning Commission to discuss the proposed general plan.
  2. OTHER BUSINESS. Chief Lloyd stated that the study done on College Avenue stated that the speed limit can be increased from 530 South to 1300 South to 30 mph. He wondered if this was something that we wanted to do. The consensus of the Council was to follow Chief Lloyd’s recommendation.

Chief Lloyd told the Council that he will be swearing in his four new officers next Tuesday at 6:30 p.m. in the Council Chambers and he invited the Mayor and Council to attend.

Mayor Burrows stated that the library looks nice. Michelle Olsen stated that they will be getting some new lights on the front as well.

EXECUTIVE SESSION. At 8:22 p.m., Motion: Adjourn regular session and convene an executive session to discuss the character, professional competence, or physical or mental health of individuals to serve on the Planning Commission, Action: Adjourned, Moved by Tanner Thompson, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Tanner Thompson, Todd Gleave.

  1. RECONVENE AND ADJOURN. At 8:35 p.m., the regular session reconvened. Councilmember Gleave reminded the Council of the Chamber dinner tomorrow night and the Veterans Day Program on Friday at 10:30 a.m. at the Veterans Memorial. The Fifth Grade will be singing, the High School Band will play and Bruce Summers will be the speaker.

Councilmember Gardner stated that the Cedar City Divisional Office for the Dedicated Hunter Program will be happy to give hours for those who want to help with the shooting range. Gauge Ecker will be spearheading the project and he will be working on donations.

Mayor Burrows thanked the Council and said how much he appreciated them. It has been a crazy year and it has not normally been like this.

Councilmember Gardner stated that he had a PR lesson the other day. He was told that bad PR is better than no PR. Mayor Burrows told the Council to just keep doing what they are doing and not to let the negative comments drag them down because it is not worth it. Motion: Adjourn, Action: Adjourned, Moved by Brayden Gardner, 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.
PASSED and APPROVED this 13th day of December 2022.