7:03:09 PM  Minutes of the Richfield City Council meeting held on Tuesday, August 26, 2008 at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah.   Mayor Brad Ramsay presiding.

1.   OPENING REMARKS were offered by Councilmember Rappleye.

2.   PLEDGE OF ALLEGIANCE was led by Councilmember Barnett.

4.   MINUTES APPROVED.  7:05:02 PM  The Council reviewed the minutes of the meeting held August 12, 2008 and made the following changes.  On page 2 at lines 33 and 34, the words, “try and” were removed.  On page 4 at line 15, the word “a” was inserted before the word “priority.”  On page 5 at line 1, the words “as follows” was inserted following the word “funded.”  At line 29, the word “that” was changed to “the.”  On page 6 at line 31, the words “Beatle mania” should be one word and the word “Live” was inserted after the word. 

Councilmember Chidester moved to approve the minutes of the meeting held August 12, 2008 as corrected.  Councilmember Rappleye moved to second.  The motion carried with all in favor.

5.   PUBLIC HEARING – Mt. Catherine Annexation. 7:08:13 PM At 7:08 p.m. Mayor Ramsay opened a public hearing to receive comments on a proposed annexation of property owned by Robert J. Parker, Trustee for the Kilauea Trust I, and located east of Interstate 70, west of the Sevier Valley Canal and north of 530 South Street.   Mayor Ramsay asked if there was a bridge to access the property other than the one at 530 South.  Trevor Gadd stated that there is, but it is not adequate and therefore the access would be from the south.  The design of the road to the north is still in the works.

The south half of the property will be developed as an affordable housing project. Mr. Farnsworth reported that the County likes the City to annex the islands.  Mayor Ramsay asked if there are water shares with the property, but since the property is above the canal, it has not historically been irrigated.  The City’s ordinance does allow money in lieu of water shares, but Mr. Farnsworth thinks the owner has shares of water from other property.  It will be up to the owner whether he wants to give water shares or pay money. 

Dave Jensen thought there was a well on the property when it was used as a dairy.  Mr. Farnsworth stated that there is culinary water to that property, a 2-inch line across the canal.  However, when the development goes in it will require a large water line and a sewer line to be run under the canal.   

Mayor Ramsay closed the hearing at 7:16:08 PM.

6.   ROTARY PARK PROGRESS REPORT.  7:16:15 PM  Garrick Willden of Jones & DeMille Engineering reported that the Rotary Park project is about 75% complete.  The items remaining are the curb and gutter, the gravel and the pavement.  The finish date is September 17, 2008 and the project is still on schedule.  The curb marked for replacement has been removed and replaced. Mayor Ramsay asked if the intersection onto College Avenue is the same width or if it is wider.  Mr. Willden stated that the intersection is the same width.  The City crew has done a lot of the work on this project, which has saved the City money.

7.   BLOCK 45 PARKING LOT REPORT.  7:18:44 PM  Carson DeMille of Jones & DeMille Engineering, reported that the Block 45 Parking Lot project is 20% complete as far as overall cost.  The dry wells are in place and most of the demolition is done.  They are currently working on the underground power and Rocky Mountain Power is scheduled to move the lines the 14^th of September.  Substantial completion is set for October 15^th, which we will probably meet.  Mayor Ramsay asked if we would get asphalt this fall for this project.  Mr. DeMille stated that is the hope, and they plan to asphalt the first part of October. 

Mr. Farnsworth reported that he met with the owner of the business on 200 North main.  They are excited about the project and a little apprehensive about not being able to pull in front, but they are planning to put a door out to the north and redo some of their building. 

8.   BIDS FOR DOWNTOWN ENHANCEMENT PROJECT REJECTED.  7:24:46 PM  Tristan DeMille explained that the estimate was $891,000 and the apparent low was $994,934 and the other bid was 1,040,740.  Unfortunately, the low bid is about $210,000 over what we have in the budget.  Alternates were included in the bid, but even taking those out will not put the project within the budget.  Mr. DeMille suggested that the Council reject the bids.  He thinks we can investigate changes in the plans.  He thinks there are some of the material items like the lights that we could save money on.  He is going to look at the electrical and see if we can save some money there. 

Mr. DeMille will be looking at putting more deductibles in the bid and take some of the items out on the second block to get it within budget.  We are pressing the winter season and he had concerns about having Main Street torn up during the Christmas Season anyway.  The Architect also felt that re-bidding the project this winter might bring bids that are more favorable.

Mayor Ramsay asked Mr. Langston to discuss the financing of this project since it is part of the parking lot project.  Mr. Langston was unable to contact CIB today.  He was going to discuss splitting the closing into two separate closing.  Doing so is going to increase the attorney’s fees $5,000 to $10,000.  Until a closing is held, the City will have to cash flow the parking lot project.  There would be some savings to splitting the bond, but if CIB will not approve this, we would be able to cash flow the parking lot project until a bond closing can be set.

Councilmember Lunnen moved to reject all bids received on the Downtown Enhancement Project and re-bid the project the first of the year after Jones & DeMille have reworked the plans for the project.  Councilmember Rappleye moved to second.  The motion carried with all in favor. 

9.   ANNEXATION ORDINANCE 2008-12 ADOPTED.  7:32:38 PM  The Council reviewed the Ordinance 2008-12 for adopting the annexation of property owned by Whit O. Cluff and Errol R. Childs.  Mayor Ramsay discussed the location of the property being along 1300 South between 500 West and Airport Road.

Mr. Farnsworth talked with Mr. Cluff today and they have a potential developer that would like to locate there.  They would like to work with the City and UDOT to relocate the portable offices on the corner of 1300 South and Airport Road.  UDOT has indicated that they probably will not relocate until the property is annexed and the owner has entered into discussions with the City for development.  Then it would depend upon the developers coming up with enough money to purchase other property and relocate UDOT. 

Councilmember Chidester moved to adopt Ordinance 2008-12 annexing the property owned by Whit O. Cluff and Errol R. Childs and located along 1300 South between 500 West and Airport Road and to zone the property general commercial (CG) according to the City’s ordinance.  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.

10.   LOITERING ORDINANCE DISCUSSED.  7:37:00 PM  Councilmember Lunnen reported that Chief Evans obtained loitering ordinances from about 5 other cities in the State.  Councilmember Lunnen met with Chief Evans and they reviewed the ordinances, but still felt that the Lehi ordinance is the best.  Jerry Larsen made the comment in a previous meeting that the City should pay for the signs.  Councilmember Lunnen and Chief Evans feel that the business owners should pay for the sign, but they ought to be required to be worded the same referring to our ordinance.

Chief Evans met with other business owners and they are all concerned about the garbage, but they have not had any concerns about the kids being there.  They have not had any destruction of property.  Councilmember Lunnen thought that it should be left up to the property owner whether they want a sign.

Mayor Ramsay suggested that Mr. Chamberlain look at including language in the ordinance that the property owner would be responsible for the sign, but the City would provide the wording with reference to our ordinance.   The consensus of the Council was to move forward with adopting a new ordinance.

11.   CEMETERY TREES TO BE REMOVED.  7:41:13 PM Councilmember Chidester reported that there are 5 trees, 4 of which are on the far southeast.  The other one is to the west on the south side.  They are dead or in bad shape and could potentially blow down at any time.  He has contacted all the members of the Cemetery Committee and most agree that these trees should be removed.  Mr. Farnsworth has a bid for the removal of these trees and Councilmember Chidester stated that the price is very favorable.  Mayor Ramsay noted that the City’s plan is to replace every tree that is removed with two new trees.  We will need to also put some in the spot where the tree recently blew down.  As we plant the new trees, the plan is to put in a drip system to water those new trees. 

Councilmember Chidester explained that the previous Council had discussed this and determined to take this action, but in light of the changes, he wanted to run this by everyone again.

Mayor Ramsay stated that there are just instances when trees have to be replaced. 

7:46:05 PM  Councilmember Barnett moved to remove the 5 Cottonwood trees at the cemetery as discussed and replace them on a 2 for 1 basis at our next opportunity.  Councilmember Jacobsen moved to second.  The motion carried with all in favor. 

12.   OTHER BUSINESS.  7:47:18 PM  Councilmember Lunnen attended the Council of Government’s meeting and all three items discussed had implications for the City.  Dale Eyre is working on a revision to the animal ordinance.  One of the main things he is doing is adding a section on vicious animals.  Now the only thing they can do with a vicious animal is to have them removed from the County.  Mr. Eyre is considering a section on feral cats and he is looking at making any license obtained in the County valid anywhere in the County.  The County would ask every City and town to adopt the same ordinance.  Councilmember Lunnen had asked Chief Evans to review this ordinance and be prepared to present his recommendations when the Council discusses the ordinance.  The revenue generated by the City in dog licenses is about $4,000 annually.

7:52:18 PM  The next item discussed was cargo containers.  The County passed an ordinance on cargo containers.  Central Valley and Monroe also have an ordinance on cargo containers and they both require a conditional use permit and both have control as to the color, tie downs and setbacks.  The County’s ordinance does the same thing only with a building permit.  Our ordinance just prohibits cargo containers.  Mr. Billingsley has identified 34 in Richfield, most of which are for businesses.  Some of them would be grandfathered if placed be fore the new ordinance was passed.  The one’s that are not have been required to move them out of town.  Councilmember Lunnen suggested something be put in the newsletter stating that the City has an ordinance that prohibits cargo containers.  We do have an exception that allows them on a temporary basis.

7:56:47 PM  The Food Bank is trying to purchase property on 700 East and 300 North.  Commissioner Mason mentioned that either Richfield or the County might have to go to CIB for money to help them with funding.

8:03:35 PM  Councilmember Rappleye wondered if the triangle piece of property out by Wal-Mart was owned by the City or UDOT.  Mr. Farnsworth said it is owned by UDOT.  According to Councilmember Rappleye, this needs to be mowed. 

8:05:49 PM  The Council’s next meeting on September 9 will be held at 6:00 p.m. instead of 7:00 p.m.  Councilmember Barnett will not be to the meeting because he will be out of town. 

8:06:16 PM  In the next few months, Mr. Langston felt that the Council should address water shares.  The City requires one share of water per acre annexed.  This has a value of maybe $3,000 now.  He said that we know it takes an underground share of water or about 1-acre foot to handle one home.  An underground share costs $8,000 to $10,000 or more.  The Council should discuss this issue.  Mayor Ramsay wanted to pick our study up where it was left.

8:08:25 PM  Mayor Ramsay had asked Mr. Langston to determine who pays for the dumpsters in the City parking lots.  Mr. Langston reported that some of the businesses pay and some do not and the City also participates in these costs.  He and Mayor Ramsay talked about billing each business in the parking lots for trash pickup on their water bills.  It was suggested that this could be handled at the time the citywide solid waste collection contract is awarded.