12.14.21 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
December 14, 2021

Minutes of the Richfield City Council meeting held on Tuesday, December 14, 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. VACATION AND AMENDED PLAT FOR THE HIGHLAND ESTATES SUBDIVISION APPROVED
7. APPLICATION TO CDBG AND ADDITIONAL FUNDS APPROVED
8. RIGHT-OF-WAY DEED IN FAVOR OF SEVIER COUNTY FOR THE EXTENSION OF 1300 SOUTH APPROVED
9. PLANNING COMMISSION REPORT
10. PUBLIC HEARING ON A LOT SPLIT FOR CENTENNIAL PARK DRIVE PROPERTY
11. PUBLIC HEARING .7 PARKING SPACES PER BED FOR STUDENT HOUSING
12. PUBLIC HEARING TO REZONE THE MOUNTAIR MOTEL TO RM-24
13. PUBLIC HEARING TO REZONE SOUTH PORTION OF APPLE TREE INN TO RM-24
14. PUBLIC HEARING TO REZONE PROPERTY TO RM-24 FOR STUDENT HOUSING
15. PUBLIC HEARING TO REZONE PROPERTY AT 1180 S COVE VIEW ROAD TO RM-11
16. PUBLIC HEARING TO ALLOW USES OF OLD CHURCHES
17. PUBLIC HEARING ON IMPACT FEE ANALYSIS PLAN, IMPACT FEE ORDINANCE AND IMPACT FEE ENACTMENT
18. CONDITIONAL USE FOR A RENTAL CAR BUSINESS AT 67 NORTH MAIN APPROVED
19. PLAT FOR THE LOT SPLIT (SUBDIVISION) ON CENTENNIAL PARK DRIVE APPROVED
20. CONDITIONAL USE PERMIT FOR MOUNTAIR MOTEL TO OPERATE AS A MIXED-USE APPROVED
21. ORDINANCE 2021-22 IMPACT FEE FACILITIES PLAN, IMPACT FEE ANALYSIS AND IMPOSING IMPACT FEES ADOPTED
22. ORDINANCE 2021-21 ANNEXING THE PROPERTY OWNED BY RM24, LLC READOPTED
23. SEVIER COUNTY BUILDING DEPARTMENT APPROVED AS THE CITY’S BUILDING INSPECTORS
24. ROAD NORTH OF KFC AND OPTIONS FOR ITS DEVELOPMENT DISCUSSED
25. FINANCIAL STATEMENT REVIEWED
26. OTHER BUSINESS
27. EXECUTIVE SESSION
28. RECONVENE & ADJOURN
29. OPENING REMARKS were offered by Councilmember Gleave.
30. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.
31. ROLL CALL. Present: Mayor Ogden, Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley, Tyson Hansen.

Others present: Elaine Street, Connie Hare, Jim Hare, Jon Klosterman, Jamie Hair, Nathan Sorenson, Jason Mackelprang, Trent Lloyd, Karly Freeborn, Kelly Chappell, Tooter Ogden, Dennis Larson, John Byers, Linnea Anderson, Karmen Buchanan, Duane L. Wilson, Stan Poulson, Georgette Harvey, Tanner Thompson, Carson DeMille, Michele Olsen.

4. MINUTES APPROVED. The Council reviewed the minutes of the meetings held on October 26 and November 11, 2021. Motion: Approve the minutes of the meetings held on October 26 and November 11, 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.
5. EXPENDITURES. The Council reviewed the October and November 2021 Warrants. Councilmember Christensen asked which trees Doug Bentley trimmed. Mr. Hansen stated that he would get back to her and let her know. She also asked about the drain box replacement and the shop and wondered why it is repeated 4 times on one invoice. Mr. Hansen stated that the cost was divided up among different general ledger accounts. Motion: Approve the warrants for October and November 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.
6. VACATION AND AMENDED PLAT FOR THE HIGHLAND ESTATES SUBDIVISION APPROVED. The Council reviewed the vacation and amendment to the Highland Estates Subdivision. This was approved in a previous meeting, but the plat had not been signed. Motion: Approve a vacation and amended plats for the Highland Estates Subdivision, 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.
7. APPLICATION TO CDBG AND ADDITIONAL FUNDS APPROVED. Kelly Chappell stated that we applied last year and it was not awarded, so we are applying again this year. He noted that they met with Georgette Harvey about significant changes and she told him that the roof in the billiard room is leaking. Mr. Chappell noted that as with everything construction costs have gone up and then with the added scope items that are being recommended by Ms. Harvey and others, that pushes the cost estimate to $418,000. The maximum grant we can receive from CDBG is $250,000, so the question is what does the City wants to appropriate for this project.

It does not mean that everything on this list is absolutely required, but the scope is based on what Ms. Harvey and City staff are strongly recommending. There currently is no ADA access to the building right now and for that to be on a senior citizens center that is concerning and the roof is significant enough that it should probably be dealt with sooner rather than later.

Mayor Ogden stated that he met with Ms. Harvey and he was taken back by what she has done with what she has had. He was a little embarrassed that we have not done more sooner and he knows that the Council generally agrees with that. Ms. Harvey knew what she needed and she did not have a wish list of things that were extravagant in any way. The things that Mayor Ogden expected that she would ask for, she said they could get by with that.

Councilmember Christensen asked where we could come up with the funds. Mr. Hansen stated that we currently have $21,000 committed to the Senior Center and we have approximately $910,000 that is put aside that we could use. Mr. Hansen noted that there are some other funds in the general fund that could be used, so if the Council feels like it is important, the money is there.

Councilmember Hansen stated that if we are going to do this project, he would like to do it right, inside and out. Then celebrate it, have a re-grand opening, ribbon cutting, and get the community to come out and get excited about our Senior Center and use it as a way to maybe encourage additional use of that building. He would be in favor of committing whatever that difference that might be and not just do this project 70% or 80% of the way.

Councilmember Burrows asked if the popcorn ceiling has asbestos in it. Ms. Harvey stated that the building was built in the 70’s so it likely would have asbestos in it. Councilmember Burrows wondered if the cost to remove the asbestos is included in the price. Mr. Chappell stated that it was included.

Councilmember Hansen stated that it looks like there is plenty of storage inside that building and he asked if there is anything we could accomplish by changing that interior footprint at all while we are doing this. The storage closets are a pretty good size and he wondered if we are using those or if that floor space could be used better some other way. Ms. Harvey stated that the storage closets are used. They have the nutrition program up there and they use part of a closet for food storage, the one is for the seniors and the front office is her office.

Motion: Approve committing $170,000 as a match from the capital projects fund to go with the application to the CDBG for a remodel and roof repair of the roof, 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.

8. RIGHT-OF-WAY DEED IN FAVOR OF SEVIER COUNTY FOR THE EXTENSION OF 1300 SOUTH APPROVED. Dennis Larson represents the Sevier County Special District #1 along with Commissioner Ogden and John Byers. They constitute the board of this Service District and they are charged with distributing for transportation purposes all of the royalties that come from our coal and oil extraction. They have been working on an extension of 1300 South, east to Annabella Road.

Mr. Larson stated that they are now at a point to move forward with this project. He also stated that their legal constitution does not allow them to spend money in the towns or cities of the County. However, they have been very good at bringing that right up to the brink.

He showed the Council where the road would run and what City property it would affect. It would affect approximately 1.6 acres. The price of property has increased significantly and 4 years ago the appraised value was $4,500 an acre. Right now, the appraised value is about $9,000 an acre. The City’s property would be worth approximately $15,000. Mr. Larson stated that they would like the City to give the County a deeded right of way through our property so they can continue this project. They are asking the City to deed the property to them for $10 and other valuable considerations.

Mr. Larson explained what they felt were some of the valuable considerations that should be included. They paved 1500 South which the City is in the process of annexing. It was paved and constructed by the Special Service District for $980,000. They also put in the sewer system for the City and the City is paying that portion back.

He also noted that 500 East north of the Stake Center used to be a dirt road from the City boundary to the north. They paved and developed that road and then it will eventually be in the City.

They also replaced the bridge at 750 East 700 North and then completed the road out to the highway. The County also put in 800 South across the top of the Eagle View apartments. All of this is a benefit to the City.

The road that they are looking at putting in on 1300 South will bring traffic directly into the City at a signalized intersection. The improvements they have put in were not just to benefit the City, but also to benefit the County. Mr. Larson noted that these projects are adequate consideration for the City giving the property to the County. The right of way they are asking for is a deeded right of way which is a 66-foot right of way and includes about 1.6 acres. They will make provisions for water flow, for sewage right of way and it would be fenced. It will be accessed by gates if the City so chooses. They feel that this is the least disruptive plan of all the plans that they have had and that it works to the benefit of all.

John Byers asked the Council to consider developing the sewer along that road before they pave it, which they do not anticipate will happen for a few years.

Councilmember Burrows noted that the lanes that run out in this area will more than likely have sewer lines that run along there in the future. He wondered about putting in a sleeve or something that would allow for the sewer to be run north and south without having to dig up this road in the future. There was some discussion about it being difficult to shoot the grades and that this area is flat. It would be possible to bore under the road when the time comes to install a line.

Motion: Approve deeding the 1.6 acres to the County for the right of way for the 1300 South extension. Amended Motion: Approve deeding the 1.6 acres to the County for the right of way for the 1300 South extension so long as the City is informed going forward. Action: Approved. Moved by Todd Gleave, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

9. PLANNING COMMISSION REPORT. Kendrick Thomas gave the Planning Commission report for the meeting held on December 1, 2021. He explained that the Planning Commission issued some conditional uses. They approved one for a Domino’s Pizza at 178 West 1500 South. They approved one for an auto detailing business and upholstery at 595 East Center Street. The last one was for a car rental business at 168 North Main. They have property on 100 West that is a vacant lot that they have arranged to keep the cars there.

They held a public hearing to rezone property at approximately 350 West Cove View Road. It borders and touches the property RM24, LLC has already rezoned. They will be adding this additional land to their project to develop some student housing for Snow College.

The Planning Commission held a public hearing on a subdivision application for a lot split on Centennial Park Drive. They recommended the Council approves this. The owners have buyers for both parcels right now. One is for a medical facility and the other is for a housing complex.

They held a public hearing on requirements for student parking. They are recommending .7 spaces per bedroom. Mr. Thomas noted that for a developer to qualify for that, they would have to have an agreement in place with the College or a school that the facility will be used for student housing. They arrived at the .7 spaces because Snow College requires .5 spaces per bed for their facilities, but Provo City requires .7 and the developers felt more comfortable with .7 than .5 so they felt it was better to shoot a little higher and provide more parking.

A public hearing and a request to rezone the Mountair Motel to RM-24 so they could continue to rent out that facility as long-term rentals, which is what they are doing right now. The Planning Commission felt that this is a smaller area and they are managing it well and it has not seen the problems that some of the others have seen. They did not recommend a change of zone for this property. They came up with a solution that they felt would serve the property well and that was to allow a conditional use permit for a mixed-use which would have to be approved by the Council. This would all be a condition on the owners bringing the property up to the current building code because it would be a change of use and occupancy. That kicks in different requirements like fire sprinklers, firewalls, wiring, kitchens, etc.

Councilmember Burrows stated that he went and saw one of the rooms that they had fixed up and rented. It was nice and he felt that they had made a good effort and this type of housing is needed. Mr. Thomas stated that they have college students renting rooms right now. They recognize that it is serving a pretty good purpose for the community. From a liability standpoint for the City, the building code requirements need to be addressed.

The Planning Commission also held a public hearing on a similar rezone request for the AppleTree Inn. They tabled this matter after the hearing because they were vague and not very concrete with their plans for the property of how they propose to develop it and change it. It was too open with what they were really wanting to try to do so they were told to develop their plan further and come back and present what they wanted to do. The Planning Commission would like to see something positive happen with that property and love to see an investment there that would benefit the City, but we need to know a little bit more than what they were able to present to the Commission.

The Planning Commission had some discussions about some short-term rentals as part of their general plan discussions. They have gotten all the addresses of all the residences and he believed the proposal that will be coming to the Council is to limit the total number of short-term rentals to 5% of the total residences in areas of the City. They have divided the City into 3 areas with approximately the same number of residences in each zone. They have put together a map for that with a marker for each residence and they will just keep track of all the vacation rentals that are approved and watch for that. We are not close to the 5%, which would allow for 40 rentals in each of the 3 zones, for a total of 120 properties that could be rented as short-term rentals in the City. The reason for the 3 zones is to try to prevent them from being congregated in any one location too densely.

Councilmember Christensen commented that when we get this many short-term rentals in the City it sure hurts people who are trying to find a place to rent. Mr. Thomas noted that it has a negative impact on housing and motels.

Councilmember Nielson asked Mr. Thomas what advice they give to people who are wanting to do extended stay facilities. We have discussed that these rooms need kitchenettes and she wondered if there is anything through planning and zoning that can be done to monitor that. It was explained that we put an ordinance in place to clarify what is extended stay and what is short-term. Mr. Thomas felt that they are being a little more proactive with enforcement of that so that the residents in those types of facilities. From a liability standpoint for the City, we do not want to permit something that is not in compliance with the building code for fire, egress, or other safety reasons, as well as living standards.
The enforcement will come from the police chief and building inspector who have the ability and authority under the ordinance to inspect these facilities.

The Planning Commission is also looking at putting some limits on the high-density RM-24 zones. They are looking at capping that at maybe 25% so they are more evenly disbursed throughout town. They are looking at dividing the City up into areas similar to the short-term rentals. That would cap the number of units to roughly 600 in the City and the ones that have been approved total about 200.

They are wrapping up the general plan update. They recognize that it was kind of a discount deal with the consultant that we hired to update the general plan and there are some things required by State statute or some things strongly recommended that are not in the general plan, but they think they can address this with what they have been given and recommend a final plan for adoption to the Council here before too long.

10. PUBLIC HEARING ON A LOT SPLIT FOR CENTENNIAL PARK DRIVE PROPERTY. Mayor Ogden opened a public hearing at 8:24 p.m. to receive comments on a subdivision or lot split for Centennial Park Drive property. Hearing no comments, he declared the hearing closed at 8:24 p.m.
11. PUBLIC HEARING .7 PARKING SPACES PER BED FOR STUDENT HOUSING. Mayor Ogden opened a public hearing at 8:25 p.m. to receive comments on a proposed amendment to the zoning ordinance setting a parking standard of .7 spaces per bed for student housing projects. Hearing no comments, Mayor Ogden closed the hearing at 8:25 p.m.
12. PUBLIC HEARING TO REZONE THE MOUNTAIR MOTEL TO RM-24. At 8:25 p.m. Mayor Ogden opened a public hearing to receive comments on a request for a zone change for the property known as Mountair Motel from downtown (D) to high-density multi-family residential. Hearing no comments, Mayor Ogden closed the hearing at 8:26 p.m.
13. PUBLIC HEARING TO REZONE SOUTH PORTION OF APPLE TREE INN TO RM-24. At 8:26 p.m. Mayor Ogden opened a public hearing to receive comments on a request for a zone change for 1.25 acres of the south property known as Apple Tree Inn from downtown (D) to high-density multi-family residential. Mayor Ogden clarified that this was the item that the Planning Commission tabled. Councilmember Hansen commented that some of the people who are non-compliant are seeing that zone change as the magic bullet that fixes everything. It does not fix anything. Jason Mackelprang stated that some of these property owners should realize that they are liable too. Tanner Thompson noted that the owners really have 3 options, market the facility as a hotel, bring it up to building code, or sell it. Councilmember Hansen stated that he is not in favor of rezoning property just to accommodate someone who is not playing right. Mayor Ogden closed the hearing at 8:29 p.m.
14. PUBLIC HEARING TO REZONE PROPERTY TO RM-24 FOR STUDENT HOUSING. At 8:29 p.m. Mayor Ogden opened a public hearing to receive comments on a request to rezone the property located at approximately 1200 South 350 West from commercial shopping (CS) to high-density multi-family residential (RM-24) for student housing development. Hearing no comments, Mayor Ogden closed the hearing at 8:29 p.m.
15. PUBLIC HEARING TO REZONE PROPERTY AT 1180 S COVE VIEW ROAD TO RM-11. Mayor Ogden opened a public hearing at 8:30 p.m.to receive comments on a request to rezone the property located at 1180 South Cove View Road from commercial shopping (CS) to multi-family residential (RM-11). Hearing no comments, Mayor Ogden closed the hearing at 8:30 p.m.
16. PUBLIC HEARING TO ALLOW USES OF OLD CHURCHES. At 8:30 p.m., Mayor Ogden opened a public hearing to receive comments concerning an amendment to the zoning code to allow buildings used as churches to be used for wedding receptions, community meetings, and group gatherings. Councilmember Nielson asked if they are going to upgrade the facilities because she felt they should have to comply with the building code. Councilmember Christensen asked Mr. Thomas what the Planning Commission’s feelings were on the old church. He stated that they liked the idea of repurposing those churches to be used similarly for weddings, receptions, etc. Councilmember Christensen thought that it was sad to have a building that is just sitting there because no one can use it. Mr. Thomas stated that they liked the idea of allowing old historic church buildings to still be useful in functions that are compatible with the original use. They recommended the restriction that this only apply to buildings that have historically have been used for churches. Mayor Ogden closed the hearing at 8:33 p.m.
17. PUBLIC HEARING ON IMPACT FEE ANALYSIS PLAN, IMPACT FEE ORDINANCE AND IMPACT FEE ENACTMENT. At 8:33 p.m., Mayor Ogden opened a hearing to receive comments on an impact fee analysis plan and impact fee ordinance. Hearing no comments, Mayor Ogden closed the hearing at 8:35 p.m.
18. CONDITIONAL USE FOR A RENTAL CAR BUSINESS AT 191 NORTH MAIN APPROVED. The Council reviewed a request for a conditional use permit to operate a car rental business at 191 North Main. Councilmember Hansen believed it was a great thing to have this type of business available here again. Several weeks ago, he rented the large passenger van they had to take his FFA group up north. Motion: Approve a conditional use permit for Donavan Allen to operate a rental car business at 191 North Main, Moved by Bryan Burrows, Seconded by Kip Hansen. Councilmember Nielson wanted to clarify that we make sure that the parking behind the buildings is not used for their cars. She wanted to be sure that this is included in the notion. Motion: Approve a conditional use permit for Donavan Allen to operate a car rental business at 191 North Main with the condition that the cars are not parked in the space behind the building for long-term, Action: Approved. Moved by Bryan Burrows, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
19. PLAT FOR THE LOT SPLIT (SUBDIVISION) ON CENTENNIAL PARK DRIVE APPROVED. The Council reviewed a plat to split the lot on Centennial Park Drive. Motion: Approve the lot split plat for the property located on Centennial Park Drive, Action: Approved, Moved by Bryan Burrows, None seconded. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
20. CONDITIONAL USE PERMIT FOR MOUNTAIR MOTEL TO OPERATE AS A MIXED-USE APPROVED. The Council considered a recommendation from the Planning Commission to approve a conditional use permit for the Mountair Motel to operate as a mixed-use upon compliance with all building code requirements. Councilmember Nielson wondered if we should approve a conditional use before they are compliant with the building codes. Councilmember Burrows wondered what was going to happen to the people who are living there. The Planning Commission discussed putting a timeline on this because it could become an issue so they would recommend up to 12 months to comply with the building code. Councilmember Burrows asked if we approve this are we going to get with them and let them know there is a timeline or do we just assume they know that. Mr. Thomas stated that they were at the meeting so they should be aware of what was proposed.

Councilmember Nielson felt that the Council needs to have a conversation besides the Planning Commission, so they know that the Council is aware of this. It seems like if we grant this before that happens, then we are not being very responsible about safety and compliance regulations. She would like to table this until there is some kind of conversation with the owners because they need to know how strongly the Council feels about them complying with regulations and making it safe and clean. She felt that if the Council allows them to go forward before they are compliant then the Council is in the wrong.

Councilmember Hansen stated that it is kind of the cart before the horse because we have already admitted that there is a need for this and they are trying to provide it.

Councilmember Burrows stated that we are where we are. We cannot worry about what they did or did not do. We are at the point where we need to figure out how to enforce it.

Councilmember Gleave stated that the agenda item states to allow Mountair Motel to operate as a mixed-use conditional upon completion and compliance with all building code requirements. So, they do it or they do not have permission to operate.

Councilmember Hansen said that they would have to tell the people renting that they have so many days to find a place to live. We are going to do these things first and then we are going to rent these out like we should have done the first time. Councilmember Burrows stated that it is completely unreasonable to think that you can go in and re-wire a 60 or 70-year-old building, replumb it and install sprinkler systems in that amount of time. That is not even reasonable.

We are where we are and the intent of City staff was not to just go in and kick everyone out, but we would expect that they would need a building permit and they would have to bring the building up to code. When the students leave in the spring, then they should not re-rent the units until they have been brought up to code.

Councilmember Nielson indicated that the owners would be liable, but it could still come back on the City if there were a huge fire and people die.

Councilmember Hansen stated that this is a big deal for us and not as big a deal for them or someone would be her representing their side of this. He is not willing to take any action on this in a meeting that they are not even in attendance at. If they want to come here and talk to us face to face, we can address these issues. Motion: Table granting the Mountair Motel a conditional use permit to operate as a mixed-use until they appear before the Council to discuss the matter, Action: Tabled, Moved by Kip Hansen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).

21. Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
22. ORDINANCE 2021-22 IMPACT FEE FACILITIES PLAN, IMPACT FEE ANALYSIS AND IMPOSING IMPACT FEES ADOPTED. Carson DeMille noted that we have been working on updating impact fees for some time now. Cody Deeter, who is the consultant retained by Jones and DeMille, has a draft report that has been reviewed with the City staff and now the Council needs to review it. Mr. Deeter stated that how the impact fee is calculated is driven heavily by State statute. The process is determining the amount of demand that is on the system and how much growth we will experience over the next 6 to 10 years. Using the that growth they are able to estimate the demand it will have on our water and sewer system and then we determine how we are going to meet that demand. The first way to meet that demand is through our existing facilities and the excess capacity that is within those facilities.

In terms of demand for the water system, we currently have 2,271 estimated residential connections and by 2030 it is estimated that we will have an additional 437 connections. On the sewer side, 3,268 total residential connections and we anticipate another 380 connections by 2030.

We have 315 water rights to serve an additional 315 connections more than we currently have. The source we could serve an additional 1,020 and for storage, we could serve an additional 1,392 connections before we would need to build any additional storage.

The Impact fee analysis determines the maximum amount we can charge. We can always charge less, but we cannot charge more based on the analysis. For excess capacity, the value of that allows us to charge up to $6,168 for a residential connection. To charge for the purchase of additional water rights would be $2,182. The total impact maximum for water that could be charged is $8,350 per residential connection. Depending on the size of the connection, if there is a larger meter, then more can be charged for that. The current water impact fee is $3,387.

For the sewer side, the impact is broken into 3 different zones, associated with the lift and everything for the treatment facility. The fee for zone 1 is $1,265, zone 2 is $1,295 and zone 3 is $1,910. In comparison we are currently charging $458 for zone 1, $614 for zone 2 and $537 for zone 3.

There is a 90-day grace period before the impact fees would go into effect.

Carson DeMille stated that a big difference with impact fees from what we have done in the past is that the City has been requiring water rights at annexation and with this plan, we would be covering all of our water right fees with the impact fee so we would not need to require water at the time of annexation. This will make it easier because we would not have to worry about calculating that. Someone could annex without bringing water and it will not hurt the City because when they develop they will have to pay the impact fee, assuming the annexations are undeveloped property.

Motion: Adopt Ordinance 2021-22 accepting the impact fee facilities plan and analysis, setting impact fees as presented in the plan and before the implementation in March that we look at the annexation policy about requiring water rights with annexation, 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.

Councilmember Burrows asked if this plan would allow us to not get beyond what we can provide. We will have to still find and purchase water if we want to continue to grow. Mr. DeMille stated that it would allow us to improvements to the water system and expansions and help pay for those.

23. ORDINANCE 2021-21 ANNEXING THE PROPERTY OWNED BY RM24, LLC READOPTED. The Council reviewed the ordinance to annex the property owned by RM24, LLC. Motion: Adopt Ordinance 2021-21 annexing the property owned by RM24, LLC, Action: Adopted, 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.
24. SEVIER COUNTY BUILDING DEPARTMENT APPROVED AS THE CITY’S BUILDING INSPECTORS. The City requested RFP’s to contract out the building department, but we did not receive any. The County had submitted a proposal for how they would handle building inspections for the City. The Council reviewed the information and Mayor Ogden stated that if we do this, it does not mean that we cannot change in the future if we choose. Motion: Accept the proposal from Sevier County to take care of the building inspection program, Action: Approve, 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.
25. ROAD NORTH OF KFC AND OPTIONS FOR ITS DEVELOPMENT DISCUSSED. We have had another developer approach the City about this property and as with the other developers in the past, the amount of property they will have to give up for the road to run to the east, plus the cost to develop the road makes it too costly. The current developer is looking at putting a motel on this property. He is wondering if the City would be willing to include the property in a CRA to help with the cost of the road, or if there was some other suggestion the City had to make this project feasible.

Councilmember Nielson did not feel that doing away with the planned roadway would be an option. She would like to see this property used, but that the roadway would be necessary for future development.

It was suggested that we could allow him to develop without the road, but still give the City the property for the road, and then when the property to the east develops then they would have to pay for their half of the road.

Tanner Thompson wondered about giving the developer a deadline, such as they would have 5 years to put the road in.

The ordinance requires the development of their side of the street, but the problem then becomes who is going to pay for the other half of the street. KFC is already there and was not required to pay anything for the road and it would not be a benefit for them. Once the property gets beyond this parcel, then the property owners would have to pay for half of the road.

Councilmember Hansen does not see that creating another CRA area would be a benefit.

Councilmember Nielson felt that Mr. Thompson’s suggestion was good. If we do not need the road now, but we need it for the future. Is there a way that we could have them do their portion of the road when the other property is developed? She felt this would be a just way to do it. She is concerned about the amount of traffic a motel could create on College Avenue along with the traffic that is already there. Having another outlet would be beneficial, but she would be okay with allowing the improvements to be delayed for a period.

The Council would like to know how the road would affect their development. If we could have some type of a plot plan showing this, it would be helpful. Mayor Ogden wanted to have another discussion with the developer and then we could determine what we are willing to do.

Councilmember Hansen felt that Mr. Thompson made a good comment and he would support wholeheartedly this type of development for this property because he felt it was ideal for this location. He stated that our biggest limiting factor right now is not having adequate, proper hotels. We need to look at a way to help make this happen. The City in general would benefit from this, not just the developer. We need more quality, proper hotel rooms in this town.

Councilmember Burrows is not interested in putting in a road for someone to do development.

Councilmember Nielson would like to see us keep the road and do what we can to help them build it. She would like to see a good motel because after we have seen the ones reverting to extended stay, we need to have more rooms.

26. FINANCIAL STATEMENT REVIEWED. Mr. Hansen noted that we are approximately 50% through the fiscal year. As for the projected revenues, a lot of those percentages are above 50%, so we have earned a little more than what was projected. He reviewed the expenditures and noted that the total for the departments and that a lot of them are less than 50%.

Mr. Hansen reviewed the funds in the capital projects, noting that some funds have not been assigned and we will need to do that before the end of the year.

The revenue in the water fund is down about $43,000 in sales from where we were last year, but the water impact fees are significantly higher than what we projected. We have only used 41% of our budget in this fund. We have a net income of $613,000 in this fund.

The sewer fund is looking good. We received our money from CIB which will be spent over the next couple of years. Revenues are good and we are behind budget on expenses.

Mr. Hansen stated that there is not anything to be alarmed of and a lot to be thankful for.

27. OTHER BUSINESS. Mr. Hansen stated that we were awarded a FIG grant to rehab the CCC road. Mr. DeMille pointed out that every year for the past 3 years we have applied and received a UORG grant for the trails. Last year, we applied for 2 separate grants, one for the trails and one to rebuild the bike path. He wondered about using the FIG grant as a match with a rehab grant. That would potentially give us $150,000 more to use on this project. It would just be a way to maximize the money and do a little more of the project.

Councilmember Burrows told Mayor Ogden and Councilmember Nielson that it has been good to work with them and that he appreciates them. He said that we stand on a foundation today that was built by others and we reach for the future. That is what serving for the past 12 years has been for him. We have benefited from those who have gone before and hopefully we can continue this to make our City better.

28. Councilmember Nielson thanked Mr. Mogan, Chief Lloyd, Michelle Olsen, Mr. Hansen, and Ms. Jolley, noting that they make our City possible. It has been fun to get to know Councilmember Gleave and Councilmember Hansen and she felt that Councilmember Christensen, Councilmember Burrows, and Mayor Ogden were family. It has been very difficult and a very good experience. Most of the time and some of the time a battle, but it is a great thing and it is a great way to know the people in the community.

Councilmember Christensen said that she is going to miss Mayor Ogden and Councilmember Nielson and she appreciated them.

Councilmember Hansen thanked Mayor Ogden and Councilmember Nielson for letting him serve a few years with them. He loves being part of the wonderful community and he counts it a great opportunity to be part of the Council.

Mayor Ogden thanked everyone. He said that it has been a great privilege to be the Mayor of Richfield. He has loved this City all of his life. It has been an honor to serve. He appreciates all of the department heads and the office staff. He is sure the City is in great hands. We have a great council coming in and a good Mayor. He thinks we can just keep moving up. He thanked Dave Anderson for being here and covering what we do.

29. EXECUTIVE SESSION. At 9:51 p.m., Motion: Adjourn and convene an executive session to discuss the character, professional competence, or physical or mental health of individuals and the purchase of property, Action: Adjourned, 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.
30. RECONVENE & ADJOURN. At 10:08 p.m., Motion: Reconvene and adjourn, Action: Adjourned, 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.

PASSED and APPROVED this 11th day of January 2021.

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