1. OPENING REMARKS
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES APPROVED
5. EXPENDITURES APPROVED
6. PUBLIC HEARING - Body Piercing
7. PUBLIC HEARING - Sewer Project
8. PUBLIC HEARING – CIB/Veterans Memorial
9. ANNUAL ZONING ENFORCEMENT CODE REPORT
10. ZONING DISTRICTS R1-6 AND R1-8 SIDE YARDS AMENDED – Ord 2009-1
11. SETBACK REQUIREMENTS FOR CORNER LOTS IN COMMERCIAL ZONES AMENDED – Ord 2009-2
12. SIGN ORDINANCE 2009-3 ADOPTED
13. RESOLUTION 2009-1 ADOPTED AMENDING CITY’S 401K PLAN
14. OTHER BUSINESS
15. CONDITIONS OF SALE – LOT 6 IN RICHFIELD BUSINESS PARK AMENDED
16. EXECUTIVE SESSION
17. RECONVENE
18. MEETING ADJOURNED

2.  PLEDGE OF ALLEGIANCE was led by Mayor Ramsay.

3.  ROLL CALL was answered by Mayor Brad Ramsay, Councilmembers Richard Barnett, Dan Chidester, Mayo Jacobsen, Larry Lunnen, Nahna Rappleye, City Administrator Woody Farnsworth, City Finance Director Mike Langston and City Recorder Michele Jolley.

Others present:  Bruce Mehew, Charles Billingsley, Cydnee Lee, Corban Fitzgerald, Rebekah Jones, Jessica Barney, Kristal Pieu, Danielle Nielson, Ashley Pey, Patricia Jones, Camille DeMille, JamesSmith, David Anderson, and Paul Hinrichs.

4.  MINUTES APPROVED.  7:01:58 PM The Council reviewed the minutes of the meetings held December 9 and December12, 2008 and madethe following corrections.  In the minutes of the meeting held December 9, 2008 on page 2 at line 33, the word “thay”should be “that.”  No corrections were made to the minutes of the meeting held December 12, 2008.  Councilmember Lunnen moved to approve the minutes of December9, 2008 as corrected and the minutes of December 12, 2008as presented.  Councilmember Chidester moved to second.  The motion carried with all in favor.

5.  EXPENDITURES APPROVED.  7:03:45 PM The Council reviewed the Warrant Register & Cash Disbursement Journal for December 2008.  Hearing no questions, Councilmember Chidester moved to approve the Warrant Register and Cash Disbursement Journal for December 2008 as presented. Councilmember Rappleye moved to second. The motion carried with all in favor.

6.  PUBLIC HEARING.  7:08:39 PM At 7:08p.m., Mayor Ramsay opened a public hearing to receive comments on a proposed amendment to the land use ordinance to include a definition for body piercing establishments and determine in which zones to allow such use. Paul Hinrichs indicated that a shop is conducting body piercing as a secondary business.  Body piercing is not really addressed in our current ordinance other than being lumped in with tattoo parlors.

The Planning Commission recommended that we include a definition for body piercing and that it be an allowed use in the downtown zone and the commercial zone as a secondary use.  No advertising would be allowed other than inside the store and only piercings above the waist.  Ms. DeMille explained that the Planning Commission would allow advertising in the newspaper and phone books, but no advertising would be allowed on the exterior of the building.

Mayor Ramsay asked if this would include ear piercing.  Ms.DeMille stated that you do not have to be licensed to do ear piercing, so it really is not included in the definition of body piercing.  Mayor Ramsay wondered if the permanent cosmetics done in salons are considered tattooing.  Mr. Hinrichs stated that a licensed cosmetology shop is not considered a tattoo establishment. Ms. DeMille stated that she is aware of some cosmetology businesses that are doing body piercing without being licensed. It does not fall under a cosmetology license.  She would like to see the Health Department enforce licensing for body piercing.

Mayor Ramsay closedthe hearing at 7:16 p.m.  7:16:22 PM

7.  PUBLIC HEARING.  7:16:25 PM At 7:16p.m., Mayor Ramsay opened a public hearing to receive comments with respect to the issuance of Bonds and any potential economic impact to the private sector from the construction of the sewer project to be funded by the Bonds. 

Mayor Ramsay explained that the public hearing is necessary before the City can receive funding for the sewer project.  Hearing no comments on the sewer project, Mayor Ramsay closed the hearing at 7:16 p.m.  7:16:57 PM

8.  PUBLIC HEARING.  7:17:04 PM At 7:17p.m., Mayor Ramsay opened a public hearing to receive comments concerning an application to the Permanent Community Impact Board (hereafter “CIB”) for a $265,000 grant for the Sevier Valley Veterans’ Memorial.

Mr. Farnsworth explained that much time has been spent on preparing the application.  We are actually going to ask CIB to allow the City to increase the grant amount to $280,000 to complete the Sevier Valley Veterans Memorial.  The City has raised$150,000, $30,000 of which is money the City had in the Capital Project Fund for this project.  Mr. Farnsworth also has commitments from contractors who are willing to donate or contribute back to the project what the City pays them, totaling approximately $70,000.  It is the contractor’s option, but verbally it seems as though they are willing to do this.

The City would have to come up with $280,000 to match the grant funds requested from CIB and Mr. Farnsworth believed the City is on track to do so.  There is a fund raising committee appointed to work on this project, chaired by Carl Holms. The City expects the contributions to continue.  7:20:54 PM The granite was ordered almost one year ago because of the length o time it takes to get it.  CIB staff does not have a problem with the granite being ordered in advance.

The costs in the area of landscaping and some other areas have been modified.  The total cost estimate for the project is $560,000 with engineering and administrative costs. If CIB does not fund a grant for $280,000 for whatever reason, the City would have the option of scaling back or only building a portion of the monument now. 

Mr. Farnsworth reported that well over 700 names have been submitted for placement on the monument.  7:31:27 PM Mayor Ramsay closed the hearing at 7:31 p.m.

9.  ANNUAL ZONING ENFORCEMENT CODE REPORT.    7:31:38 PM  Charles Billingsley had the Council review pictures of zoning enforcement cases that have occurred since July.  The total number of property nuisance cases that he dealt with in 2008 was 192 cases. Since August, Mr. Billingsley has been involved in tree, brush, and fence traffic hazards that are mostly in the City’s right-of-way.  There were 23 violations in this area.

Some of the business violations he has dealt with were mostly sign issues.  He has also dealt with parking violations.  He reported that he has a solid 90% compliance rate overall.  Approximately5% of the cases push the matter to the limit and 5% of the cases proceed to prosecution.  7:38:16 PM

In October, he started working on business licenses.  He found 4 businesses that were advertising, but did not have a valid license, one of which had not been licensed for 2 years.

At the next Council meeting, the Council would be addressing the problem with United Automotive.  He has discussed the matter with Richard Chamberlain who is looking at whether or not the Council has to enact a different ordinance.  Chief Evans is also looking at the matter because there are issues dealing with junk vehicles being designated as a public nuisance.

10.  ZONING DISTRICTS R1-6 AND R1-8 SIDE YARDS AMENDED – Ordinance 2009-1.  7:05:49 PM The Council held a public hearing on the proposed ordinance upon there commendation of the Planning Commission. The Council did not receive any negative comments about the changes.  Councilmember Lunnen moved to adopt ordinance 2009-1 amending the development standards of the Land Use Ordinance for residential zoning districts R1-6 and R1-8 changing side yard requirements to 8 feet.  Councilmember Jacobsen moved to second.  The motion carried on the following roll call vote:  Councilmember Barnett, aye; Councilmember Chidester, aye; Councilmember Jacobsen, aye; Councilmember Lunnen, aye; and  Councilmember Rappleye, aye.

11.  SETBACK REQUIREMENTS FOR CORNER LOTS IN COMMERCIAL ZONES AMENDED – Ordinance 2009-2.  7:06:24 PM The Council held a public hearing on the proposed ordinance upon the recommendation of the Planning Commission. The Council did not receive any negative comments about the changes.  Councilmember Rappleye moved to adopt ordinance 2009-2 amending the development standards of the Land Use Ordinance for non-residential zoning districts setting setback requirements for corner lots to 10 feet from the right-of-way line of an existing or proposed street. Councilmember Lunnen moved to second. The motion carried on the following roll call vote:  Councilmember Barnett, aye; Councilmember Chidester, aye; Councilmember Jacobsen, aye; Councilmember Lunnen, aye; and  Councilmember Rappleye, aye.

12.  SIGN ORDINANCE 2009-3 ADOPTED.  7:07:31 PM  The Council held a public hearing on the proposed ordinance upon the recommendation of the Planning Commission. Councilmember Lunnen pointed out that the Chamber of Commerce has also had the opportunity to review and make recommendations.  Councilmember Lunnen moved to adopt Ordinance 2009-3 amending the Land Use Ordinance to include requirements for signs. Councilmember Barnett moved to second. The motion carried on the following roll call vote:  Councilmember Barnett, aye; Councilmember Chidester, aye; Councilmember Jacobsen, aye; Councilmember Lunnen, aye; and Councilmember Rappleye, aye.

13.  RESOLUTION 2009-1 ADOPTED AMENDING CITY’S 401K PLAN. 7:46:26 PM  Mr. Langston explained that periodically the City’s 401K Plan document is reviewed and changed to meet the IRS code. Councilmember Chidester moved to adopt Resolution 2009-1 accepting changes to the City’s 401K plan.  Councilmember Rappleye moved to second.  The motion carried on the following roll call vote:  Councilmember Barnett, aye; Councilmember Chidester, aye; Councilmember Jacobsen, aye; Councilmember Lunnen, aye; and Councilmember Rappleye, aye.

14.  OTHER BUSINESS.  7:48:54 PM The Youth City Council is going to be attending the Day at the Legislature on January 27, 2009. He will not be at City Council meeting that night.  He asked Mr. Farnsworth to contact Senator Okerlund and Representative McIff and see if they can get some time with them while they are there.

Councilmember Barnett reported on a parking problem at Checker Auto.  He knows there is a problem because the cars parked there “for sale” were there before the snow was plowed.  Mr. Hinrichs stated that the new ordinance only dealt with unimproved lots. However, the Zoning Ordinance states that “required off street parking spaces and areas shall not be used for the repair of motor vehicles or the display or sale of goods and services unless authorized by the land use authority.” 

8:00:01 PM Councilmember Lunnen asked Mr. Hinrichs to give the Council a report on the Mt. Catherine subdivision.  The required 1.5 parking spaces per bedroom changes the access to north lot where the senior housing is planned.  It makes it look like you are driving through a big parking lot, with no street definition.  The Planning Commission approved the subdivision with the condition the street be defined as an access and not as part of the parking lot.  Councilmember Lunnen asked if they would be required to improve 530 South.  Mr. Hinrichs indicated that they would have to improve to the center line plus 10 feet of 530 South.  

8:04:51 PM Chamber of Commerce luncheon tomorrow at noon.

8:05:13 PM  Mayor Ramsay indicated that he has been looking at the budget with Mr. Langston and Mr. Farnsworth.  They felt that we can get through this fiscal year as budgeted, but the budget for next year would require some cuts.

8:07:46 PM Mayor Ramsay reported that the bins for the paper recycling program weredelivered today.  There are 9 bins throughout town.  An article will be in the paper and the City’s newsletter listing the location of the bins. 

15.  CONDITIONS OF SALE – LOT 6 IN RICHFIELD BUSINESS PARK AMENDED. 8:10:08 PM Kimball Poulson addressed the contract for the sale of Lot 6 in the Richfield Business Park and pointed out that the change is due to the purchaser‘s concern given the state of the economy.  Mr. Dickinson is asking that the City consider refunding the entire payment of $87,500 without interest within one year of the purchase.  Mayor Ramsay felt that once any development has occurred on the lot, this clause should go away.  Mayor Ramsay also thought that the one-year clause refunding 100% of the purchase price would be acceptable; bu he wanted the two-year clause refunding only 80% of the purchase price to remain in effect as well. 

Councilmember Barnett felt that should the City have to refund the purchase price of $87,500,something should be written in the agreement so the City would not be responsible for the real estate commissions or closing costs paid at the time of purchase.

Kimball Poulson updated the Council on the status of the grant. He talked with John Zender and the change over with the new president has slowed the process, along with the holiday season.  Fortunately, the City has all of its paperwork completed so the opportunity of funding is high.

16.  EXECUTIVE SESSION.  8:34:25 PM At 8:34p.m., Councilmembe Chidester moved to adjourn regular session of the Richfield City Council and convene an executive session to discuss the purchase of real property.  Councilmember Barnett moved to second.  The motion

17.  RECONVENE.  At 8:58 p.m., Councilmember Rappleye moved to reconvene.   Councilmember Chidester moved o second.   The motion carried with all n favor.

Mr. Farnsworth wanted the Council to be aware that FAA is dying to give us a lot of money.  In about 2 or 3 weeks, they are going to give us another $700,000 for more land acquisitions along with 1.4million dollars.  They said not to call our legislatures because they have us on the highest priority for general aviation airports.  In 2010, they want to give us 10 million dollars more for design and construction.   If it happens, the City could go to CIB to help us out on our match, which would be 2.5%. Worse case scenario, we would be talking $6,000 to $13,000 per year for the City’s share.  Mr. Langston said it would depend on the kind of package CIB would be willing to buy off on.  If the Council does not mind, the FAA would likeus to put in 2 or 3 projects for a stimulus package.  We would probably put in a new water tank anda few things that are on the drawing board.

Following executive session, Mayor Ramsay noted that the Council had a consensus in favor of entering into an agreement with Hal Gunn to locate the new sewer line on his side of the fence, which would require the use of approximately 3 acres of land.  Mayor Ramsay felt that the Council would need to approve the agreement and Mr. Chamberlain still has to draw up the agreement. 

18.  MEETING ADJOURNED.   At 8:59 p.m., Councilmember Barnett moved to adjourn.   Councilmember Jacobsen moved to second.   The motion carried with all in favor.