THE STATE OF UTAH

COUNTY OF SEVIER

CITY OF RICHFIELD

   At the City Council

   In and For Said City

   March 24, 2009

7:00:17 PM Minutes of the Richfield City Council meeting held on Tuesday, March 24,2009 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
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES APPROVED
5. EXPENDITURES APPROVED
6. REQUEST TO ALLOW CHICKENS WITHIN RICHFIELD CITY
7. ROCKY MOUNTAIN ATV JAMBOREE REPORT
8. SIGN TO TRACK FUND RAISING FOR FOOD BANK DISCUSSED
9. FINAL APPROVAL OF MT CATHERINE SUBDIVISION GRANTED
10. PROPERTY MAINTENANCE MATTER WITH UNITED AUTOMOTIVE DISCUSSED
11. PROPERTY MAINTENANCE MATTER WITH RON HALL DISCUSSED
12. AMENDMENTS TO NUISANCE ORDINANCE DISCUSSED
13. RELINQUISHMENT OF RESERVATIONS TO CONSTRUCT NEW SEWER LINES OR SEPTIC TANKS APPROVED
14. CHIPSEAL PROJECT FOR 2009 APPROVED
15. ANNUAL PARKS AND RECREATION REPORT
16. OTHER BUSINESS
17. EXECUTIVE SESSION
18. RECONVENE & ADJOURN
    

1.  OPENING REMARKS were offered by Mr. Farnsworth.

2.  PLEDGE OF ALLEGIANCE was led by Councilmember Lunnen.

3.  ROLLCALL was answered by Mayor Brad Ramsay, Councilmembers Dan Chidester, Mayo Jacobsen, Larry Lunnen, Nahna Rappleye, City Administrator Woody Farnsworth,City Finance Director Mike Langston and City Recorder Michele Jolley.  Mayor Ramsay excused Councilmember Richard Barnett.  7:02:13 PM

Others present:  Roene Shaw, Kevin Arrington,Charles Billingsley, Janet Billingsley, Chason Ogden, John Spendlove, Richard Chamberlain, Bruce Mehew, Julie Brown, Colton Curtis, Sunnie Thompson, Verdi Rasmussen, Jason Rasmussen, Mike Turner, Paul Foster and David Anderson.

4.  MINUTES APPROVED.  7:02:37 PM  The Council reviewed the minutes of the meeting held March 10, 2009 and made the following corrections.  On page 2 at line 30, the word “lotis” should be “lot is.”  At line 40, the word“exists” should be “exits.”  On page 7 at line 9, the word “stack” should be “stacked.” Councilmember Rappleye moved to approve the minutes of the meeting held March 10, 2009 as corrected.  Councilmember Lunnen moved to second.  The motion carried with all Councimembers voting aye.

5.  EXPENDITURES APPROVED.  7:04:18 PM  The Council reviewed the February 2009 Cash Disbursement Journal.  Hearing no questions, Councilmember Chidester moved to approve the February 2009 Cash Disbursement Journal as presented.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye.   

6.  REQUEST TO ALLOW CHICKENS WITHIN RICHFIELD CITY.  7:05:14 PM  Julie Brown has been associated with the One-Way Ministry as a volunteer for some time. This year she is helping them plant a garden.  She indicated that along with a garden, they would like to raise chickens.  Because the City currently has an ordinance that does not allow chickens, she wanted to inform the Council of things that are taking place around the country with regard to chickens.

She discussed several cities throughout the United States that are allowing chickens.  She told the Council that Provo, Millcreek, Moab, West Valley City and South Jordan are amending their ordinances to allow chickens.  Other cities in Utah that currently allow chickens are Sandy and Alpine.

It seems to her that given the current economic situation of our country, we should consider this change to allow people to become self-reliant. Murray McMurray is selling more chickens this year than they have for 92years.  7:10:01 PM

She indicated that hens are quieter than dogs or parrots.  When they are well cared for, they do not smell and when kept in coops they do not roam into neighbors’ yards.  Mrs. Brown also gave the Council a copy of a proposed ordinance.  Mrs. Brown told the Council that chickens are more on the line of a hamster, guinea pig, or parakeet and people should be encouraged to help themselves, which is why the ordinance should be changed.

7:13:29 PM  Councilmember Rappleye was concerned that changing the ordinance to allow chickens would lead to requests to allow other animals like lambs or goats because they would be raising them for food and milk, too.  Councilmember Lunnen stated that the current ordinance “expressly prohibits chickens, pigeons, geese,ducks, etc.”

Councilmember Jacobsen remembered when we had chickens in Richfield. He felt that the councils before this had a reason for passing the ordinance not allowing chickens in the first place.  Councilmember Lunnen was not inclined to seethe ordinance changed.  Councilmember Rappleye did not think we should change the ordinance either.  Councilmember Chidester had some concerns as well and did not think the ordinance merited a change at this time.

Mrs. Brown asked if the Council would consider a petition. Mayor Ramsay indicated that it would be important that those who sign the petition are residents of Richfield City. Then, if there is enough support, the Council could look at it again.  Councilmember Lunnen indicated that a petition would not change his mind. Mayor Ramsay indicated that it might be better to wait and see how the economy goes.  Mrs. Brown asked how long the process to change the ordinance would take. Mayor Ramsay told here that it would at least take a month.  

7.  ROCKY MOUNTAIN ATV JAMBOREE REPORT.  7:19:45 PM Kevin Arrington reported to the Council about last year’s Jamboree.  There were approximately 450 riders, which were down slightly from the year before.  They had a number of refund requests following the increase in gas prices to $4.00per gallon.

With regard to the upcoming Jamboree, they have decided to move it back to the park.  There were a lot of riders who missed the atmosphere of being outside.  In case of inclimate weather, they will use the new facility at the fair grounds.  They have implemented some changes, one of which is to hold the ATV Jamboree parade on Tuesday evening, instead of Monday morning.  They have decided to do this because they have obtained permission from the Guinness Book of World Records to try to break the ATV parade world record of 1,138 ATVs.  It has to be a certain length and it has to be filmed from above at some point in the parade when the ATVs are single file.

Wednesday would behalf-day rides and the ATV rodeo would take place that evening.   As of today, Mr. Arrington has registered 165 riders, 70 of which are new to the Jamboree. This is up from last year by about 30 riders, but about par with previous years.

7:23:30 PM Councilmember Barnett arrived.

The City generally gives $1,000 to the Jamboree and that would be the same this year.  It is already in the budget for this year and Mayor Ramsay indicated that the Council would see to it that it is included in next year’s budget.

8.  SIGN TO TRACK FUND RAISING FOR FOOD BANK DISCUSSED. 7:26:26 PM Roene Shaw addressed the Council and explained that they are going to do a fund raiser and begin by targeting the South Sevier and Richfield areas first.  They plan to do a mailer to ask for a monthly donation.  They want to place a sign on the City Park to track their funding and be a reminder to people passing by.  The sign could be attached to two poles or they could provide a freestanding sign.  It was suggested that some wire mesh be installed around it to prevent kids from playing with it. 

Mayor Ramsay was concerned about having a freestanding sign on the park because of all the activities that are held on the park.  He asked Mr. Arrington to see if it would be possible to put something like this on the marquee sign.  Councilmember Lunnen stated that he would much rather see this on the marquee or in the Reaper than on the City Park.  

7:33:01 PM Councilmember Rappleye suggested utilizing the community bulletin boards at Lin’s and other stores and post a small graph there.

9.  FINAL APPROVAL OF MT CATHERINE SUBDIVISION GRANTED. 7:34:04 PM Mayor Ramsay asked Mr. Spendlove if the developers were aware of the requirements for the intersection.  Mr.Spendlove understood that this would be worked out with the City as far as what they would be required to do there.  They have been working on a proposed future layout for that intersection and they need to work out the details with the City as to who would be responsible for what or how much.

Mr. Farnsworth explained how the intersection would be modified.  Mayor Ramsay suggested having the approval of the subdivision conditioned upon an agreement for the development and construction of the intersection.  Councilmember Rappleye moved to grant final approval of the Mt. Catherine Subdivision.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye.

10. PROPERTY MAINTENANCE MATTER WITH UNITED AUTOMOTIVE DISCUSSED.  7:42:17 PM Mr. Billingsley reported to the Council that Mr. Rasmussen of UnitedAutomotive was cooperating with the agreement made between the Council and Mr. Rasmussen of United Automotive.  However,Mr. Rasmussen contacted Mr. Billingsley and told him that he was no longer going to allow the City to red tag vehicles and have them removed.  This is a violation of the agreement made with the Council and Mr. Billingsley asked the Council how he should proceed. 

Mr. Rasmussen understood that the City was going to help him recoup his money from the vehicles.  He did not know that allowing the City to red tag vehicles would cost him $2,000.  Mr. Rasmussen stated that he is going to continue to get rid of the vehicles on his own as time goes on.  He would not allow anymore red tagging of 5 vehicles at a time. Mr. Rasmussen indicated that 10 days is not long enough to obtain a title to get rid of the vehicles.  Jason Rasmussen stated that at the last Council meeting Mayor Ramsay had stated that Mr. Billingsley needed to understand Rasmussens have money tied up in the vehicles and any loss should be minimized.

Councilmember Lunnen felt there should be some sort of time line. United Automotive is in violation of the ordinance, so there has to be some end to it.  Jason Rasmussen stated that the old cars are not going because they are antiques and in Verdi Rasmussen’s opinion, they should not have to get rid of them.  The cars are not abandoned, dilapidated and they own them.  Mayor Ramsay stated that the amount of vehicles accumulated on their lot is excessive.  Mayor Ramsay asked if the Rasmussens plan to fence the back of the property.  Jason Rasmussen stated that the back of the property was fenced after the last Council meeting they attended.  They are working on getting the rest of the property fenced.

Jason Rasmussen told the Council that there cannot be a time frame because there is only two people with business to do, so the clean up will be done when it is done.  That is the best they can do.  Councilmember Rappleye said there has to be a time frame for the clean up.  Mayor Ramsay stated that even though it took several years to accumulate the mess it has to go away in a shorter period.

Mr. Farnsworth indicated that the Rasmussens do not consider this a junk/storage yard, but when you look at the property, it has the appearance of a junk/storage yard.  Mr. Verdi Rasmussen told the Council they are trying to straighten it up. They have been pulling cars out, getting rid of the weeds and lining up the cars to make it look a little more presentable.  They are waiting for the wrecking yard to come and haul a few off.

Mayor Ramsay felt this was a problem because Rasmussens are not collecting on their accounts, as they should, so they have all these vehicles stored there that money is owed on.  That is a management problem and Mayor Ramsay told the Rasmussens we have to get to the bottom of this because it cannot continue.  Mr. Billingsley stated that when he went out to determine which cars to haul off, he would have picked the junkiest vehicles like the derby cars, but instead he allowed Verdi Rasmussen to pick the cars.  Today, Mr. Billingsley counted at least 30 junked cars along with parts, barrels, etc.  In his opinion, it looks like a salvage yard.  Jason Rasmussen stated that the derby cars all run and are ready for the derby.  One is going on the 4^th of July to Ogden, and they are built for a purpose.

Mayor Ramsay discussed the County’s derby car ordinance that does not allow the cars to be visible from the street and the City has adopted this ordinance.  He indicated that the City has to see progress.  Verdi Rasmussen said they are planning on progress.  The agreement with the City was to help identify the owners of some of the vehicles, but the City is not going to collect their bills for them. 

Councilmember Chidester asked Mr. Chamberlain what the process is for getting a mechanics lien.  Notice to the owner has to be attempted stating that they have a lien and it would be enforced by selling the vehicle at a designated time.  Mr. Chamberlain instructed the Council to give the Rasmussens a deadline.  He thought the Rasmussens should just be prosecuted for maintaining a nuisance and a salvage yard and the Court should fine them or recommend a fine of several thousand dollars.  Then the City could have an agreement with them on the side that for every vehicle that is removed within so many days, they would get credit towards that fine.  Mr. Chamberlain also commented that a fence would set a bad precedence.

8:00:03 PM Councilmember Lunnen liked Mr. Chamberlain’s suggestion.  Mike Turner told the Council that he deals with a similar situation in his business. If a vehicle is registered in Utah and there is a signed invoice at the time of repair, a title can be obtained in approximately 45 days.  However, if it is an out of State vehicle, it could take much longer.  If there is not a signed invoice, it is impossible to get a title.

Mayor Ramsay stated that this is a problem, but they are Richfield businessmen, and he would personally like to give them every chance to make it right. He told the Rasmussens that the City is serious.  Their business license comes up for renewal and that could be an option the City takes if things are not done. 

Councilmember Lunnen moved to give United Automotive until July 1, 2009 to complete the corrective action that they have been required to do and if it is not done at that time, then the City would proceed with criminal action.  Mayor Ramsay instructed Mr. Billingsley to send a letter to the Rasmussens stating exactly what has to happen and to be very specific.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye. 

11. PROPERTY MAINTENANCE MATTER WITH RON HALL DISCUSSED. 8:06:49 PM Councilmember Chidester reported that he and Councilmember Jacobsen drove by Mr. Hall’s property tonight before Council meeting.  Since Saturday, Mr. Hall has moved a lot ofstuff.  One small trailer remains infront of his yard with stuff loaded on it. Mr. Billingsley showed the Council pictures of the property from the time the matter started until today. This property has a history of being a public nuisance and a property maintenance problem.  Mr. Billingsley has had 5 complaints on this property.  8:12:05 PM The Council wanted to give Mr. Hall another 2 weeks to complete his clean up.

12. AMENDMENTS TO NUISANCE ORDINANCE DISCUSSED.  8:13:16 PM The purpose of this amendment is to incorporate some of the provisions the County has in its nuisance ordinance that applied to vehicles because of the situation at United Auto.  Mr. Chamberlain indicated that he likes the aspect of the County’s ordinance allowing people to have a hearing before the Council and explain their situation to see if a compromise could be reached.  This change would also include language that the City would notify the registered owner of the vehicle if we could as certain the owner and involve them in the process.  It does not require that the vehicle be declared abandoned by the person who has possession.  8:21:10 PM  Councilmember Chidester moved to schedule a public hearing to adopt changes to the City’s nuisance ordinance.  Councilmember Lunnen moved to second.  The motion carried with all Councilmembers voting aye. 

13. RELINQUISHMENT OF RESERVATIONS TO CONSTRUCT NEW SEWER LINES OR SEPTIC TANKS APPROVED.  8:22:52 PM Mr. Chamberlain explained that the City signed an agreement with the County in 1925 that would allow the City to build new septic tanks and sewer lines on the property.  The way the agreement is written, it is so broad; the City could demand to build something anywhere.  The County is scheduled to close their loan with CIB tomorrow and this agreement showed up on title search for the Fairground property.  This relinquishment still allows the City to maintain an easement for the maintenance and repair of existing sewer lines. Councilmember Barnett moved to approve the execution of the Relinquishment of Reservations to Construct New Sewer Lines or Septic Tanks.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye. 

14. CHIPSEAL PROJECT FOR 2009 APPROVED.  8:27:10 PM Mr. Langston reviewed the engineer’s estimate for the chip seal project with the Council.  The total estimated cost for the project was $218,680; $52,730 of which was the estimated cost to chipseal the entire bike path.  Mr. Langston pointed out that there is quite a bit of signage included in the schedule II bid for the bike path, as well as a sidewalk to join the existing path with the new one.  Mayor Ramsay asked if the funds to pay for the project would come out of this year’s budget or next.  Mr. Langston indicated that the funds would come from this year's budget and next year's budgets and the project would be completed in July.  The City is going to install the bollards on our own.  8:32:31 PM Councilmember Chidester moved to approve the chip seal project for 2009. Councilmember Rappleye moved to second. The motion carried with all Councilmembers voting aye.

15. ANNUAL PARKS AND RECREATION REPORT.  8:32:42 PM Paul Foster showed the Council an award that the Recreation Department received last week at their annual conference. In June, they are going to sponsor an event called “Bike to Work Week.”  They are planning a series of events for that week.  Mr. Foster is still collecting data on holding a farmers market.  Then he reviewed the programs that they held the past year.  The total expenditures for 2008 were $79,977.06 and the total revenue $95,709, so the net profit for the year was $15,731.94.    

16. OTHER BUSINESS.  9:04:05 PM Councilmember Chidester asked if Mr. Farnsworth was aware that projects were needed for the Scout Extravaganza.  Mr. Farnsworth was aware and had contacted all department heads to see if there are any projects to be done.  Mayor Ramsay suggested keeping an up-to-date list of projects to be done.

9:07:19 PM Councilmember Chidester discussed funding for an Emergency Alert System for homeland security.  John Hunt from the County is asking that the City agree to pay the cost of installation and the cost for on going maintenance.  Mayor Ramsay thought Mr. Hunt should come to Council meeting to discuss the matter in detail.  Councilmember Rappleye said that Mr. Hunt would be happy to come to the Council and discuss this.  Mr. Hunt is not certain yet how much this is going to cost.  As soon as he finds out what the cost would be, he would come to the Council and discuss the matter further.  Councilmember Rappleye said that Mr. Hunt would let her know when he has the information.

9:09:18 PM Councilmember Rappleye discussed a memo received for the Local Emergency Planning Committee for a meeting to be held April 28, 2009 to discuss roles and responsibilities of elected officials during a disaster.

9:10:48 PM The granite for the Veterans’ Memorial is about two weeks behind so it should be here in a couple more weeks.  Mayor Ramsay, Councilmember Chidester, Mr. Farnsworth and Mr. Langston will be going to CIB on April 2 to request funding for the Veterans’ Memorial. 

9:13:50 PM Councilmember Jacobsen mentioned the recycling bins are doing really well, maybe too well.  They are always full and they need to be dumped more often. 

9:15:59 PM Councilmember Barnett will not be attending the midyear conference in St. George.  The 4^th of July Committee is having a hard time finding someone to chair the Miss Richfield Committee.  Mr. Farnsworth has a few more names of individuals to contact.

9:23:20 PM Mayor Ramsay inquired about the cleaning of the Cottonwood channel. Mr. Farnsworth stated that we have had some people cleaning it, but he was not sure of the status and indicated he would check with the City crew and determine that.

17. EXECUTIVE SESSION.  9:24:18 PM At 9:24p.m., Councilmember Barnett moved to adjourn regular session of the Richfield City Council and convene an executive session to discuss the character, professional competence,or physical or mental health of individuals to serve on the Board of Adjustment.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye. 

18. RECONVENE & ADJOURN.   9:28:43 PM At 9:28 p.m., Councilmember Jacobsen moved to reconvene and adjourn.  Councilmember Barnett moved to second.  The motion carried with all Councilmembers voting aye.