07.09.19 Council Minutes

At the City Council
In and For Said City
July 9, 2019
Minutes of the Richfield City Council meeting held on Tuesday, July 9, 2019,
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 were offered by Mayor Ogden.
2. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.
3. ROLL CALL. Present: Mayor David Ogden, Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Michele Jolley. Excused: Connie Nielson, Matt Creamer, and Mike Langston.
4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held May 28, 2019. Motion: Approve the minutes of the meeting held May 28, 2019, Action: Approved, Moved by Kathy Christensen, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen. Excused: Connie Nielson.
5. PLANNING COMMISSION REPORT. New Building Official, Rick Robinson, gave a report on the Planning Commission meeting. The Planning Commission made the determination that the boundary line for the Downtown zone should go around the entire property known as the Valley Builders’ property located at 160 East Center Street.
6. COUNCIL’S DECISION NOT TO ISSUE A LETTER OF DENIAL FOR ANNEXATION DISCUSSED. Coby and David Christensen own the property that is contiguous to the City boundary. The Council had previously decided to not grant a letter of denial of annexation. Mayor Ogden stated that the City had been asked by the County to try and avoid creating County islands during the annexation process as the City grows. It would be irresponsible to let an island happen. As the City continues to expand, Mayor Ogden stated that it would be better if this property developed in the City because of its location. Coby Christensen stated that the reason that they wanted to stay in and develop in the County is that they do not need any of the services. The big concern was that they heard that the City would require substantial improvements to the property before they could start.
David Christensen asked if they would be required to put the road in at their expense or would the City be willing to leave them in the County and they would annex in if need be if something happened beyond them. He thought it might be 30 years before anything happens there. A lot of those improvements really do not benefit them. If they had to put a culvert in and sidewalk, curb and gutter it would put them out of business for what they wanted to do.
Mayor Ogden stated that we are not opposed to what they are doing. You just do not know how soon the other property around would develop.
Another concern is that the property owner to the west is already in the City, but there have not been any improvements to the street in front of that property so it makes the road narrow. If they had to put a road along the frontage of their property, the road would go from a narrow road to a wide road and then back to a narrow road.
Councilmember Burrows stated that he is not in favor of this property develop without it being annexed. As far as giving all the answers as to what would have to happen out there; he could see maybe possibly being able to waive the sidewalk on that side of the street until it developed all the way through. Councilmember Barnett stated that the Council would take the recommendations of the Planning Commission into account to decide what needs to be done. He is not particularly fond of the idea of that property developed unless it is annexed into the City. He understood that they want to annex down the road whenever it develops, but for us, he thinks that is bad policy. He suggested they get on the Planning Commissions agenda and approach them and see what needs to happen. Councilmember Burrows agreed with that.
Councilmember Christensen stated that we enforced our ordinance with Hansen’s Collision and they are not a big corporation, so we do this with all small businesses.
David Christensen stated that they have been trying to do something like this for years. He felt that they are held hostage and stated that in other places right of front with what needs to be done. He stated that time he tried to build before, but the City told him that storage units were not allowed where he wanted to build them.
Mayor Ogden suggested they meet with the Planning Commission so they would know exactly what they needed to do.
7. REQUEST TO ALLOW PIGS IN THE CITY LIMITS DISCUSSED. Maria Norush stated that she got a pig and did not realize that they were not allowed in the City. Potbellied pigs are strictly pets. She has lived here for five years and her pig is an emotional support animal. She gave the Council some information about potbellied pigs. She asked the Council to consider amending the ordinance to allow just potbellied pigs.
Rick Robinson stated that the Planning Commission discussed this and their recommendation is that the Council not allow pigs.
Councilmember Barnett felt that some research should be done to see if we can determine what kind of a door we are opening if we open this door. He noted that the problem the Council has it that it cannot legislate just for Ms. Norush. Before we do anything, we need to gather some other information and he would like to see some ordinances from other cities and towns. He would want to see specifically what their ordinances state so that if we do this we can craft an ordinance that is going to work for us instead of just doing something off the cuff.
Councilmember Burrows asked if Ms. Norush’s pig had been vaccinated. She does not think that she has.
8. OTHER BUSINESS. Councilmember Barnett wanted to talk about 3 kinds of lights. Lights on the bike path, the stop light on 1300 South, and the sign posting on out light polls downtown. We have specifically stated that we do not want signs taped to our light poles downtown because it ruins the paint.
Councilmember Burrows asked if we had completed the survey of the property south of the business park. It was completed and the City Attorney is drafting the documents for review.
Councilmember Burrows asked when the street project was starting. It is supposed to be starting next week.
Councilmember Burrows asked about the agreement on the airport property and the City Attorney is working on it.
Councilmember Burrows asked about the matter involving the property on 1500 South. The City Attorney had advised staff that this needed to be submitted to our liability insurance.
Councilmember Arrington thanked everyone for their help on the Fourth of July.
Councilmember Christensen took a yard sale sign off the polls on Main Street. There is an address on the sign and she wondered if we could send them a letter. What could we do? She would like to send them a letter and let them know that we have the board by NAPA. She wondered if we could look at an ordinance. We spent over $15,000 to paint the poles and they are ruined. Mayor Ogden felt that the very best thing to do is to actually take them down right after they put them up or catch them putting them up and not let them put them up. They probably will not have another yard sale for 3 or 4 years, so that will not teach them anything. We just need to take them down and do it for several weeks in a row and that would probably help.
Councilmember Christensen thought that the police, City Council or staff would just stop and take them off.
Geoff Barnes asked to address the Council. He was supposed to be on the agenda tonight. He stated that he had applied for medical marijuana grow permit from the State of Utah. He had been working with Mr. Creamer because he would like to locate this in the back of his business that is located on Main Street. One of the requirements is the proximity to the Church to the east of him, so he would need a letter of waiver from the City. Mr. Creamer wrote him a letter of recommendation which stated that there would need to be an addendum made to the zoning ordinance. The letter stated that he would be on the Council agenda for tonight to get approval of the waiver. The State’s definition of zoning says that it has to be in an industrial or agricultural area unless the municipality authorizes a waiver. So the City needs to allow this as a conditional use or add the words of cultivation to the downtown zone.
Mr. Barnes just needed a letter of waiver that says the City would allow a waiver in this area when the changes are made to the zoning district.
Councilmember Arrington wondered if it would work if the Council states that it would consider a change to the ordinance. Mr. Barnes stated that this would work. The reason he chose this location is because the State is looking to have medical marijuana in pharmacies by March 1st. He would like to build a building and a lot of other things, but to meet the State’s deadline he would not have time to build a building.
Councilmember Burrows thought that the likelihood of having more than one medical marijuana license in Richfield would be very slim. Councilmember Barnett stated that he would not be in favor of changing the ordinance unless we did some type of a specific use. If we were to amend our ordinance to allow agriculture in our downtown area, he would not want to go there.
The Council would not be opposed to entertaining a change to the zoning ordinance to allow medical marijuana to be grown in the downtown zone and would not oppose a letter written to state that intent.
Mr. Barnes stated that if he does secure a State license, the law would not require him to pay sales tax, but he would propose to pay a sales tax to the City on all of the product he sales.
9. ADJOURNMENT. At 8:22 p.m., Motion: Adjourn, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen. Excused: Connie Nielson.
PASSED and APPROVED this 27 day of August, 2019.