1. OPENING REMARKS were offered by Mr. Farnsworth.

2.  PLEDGE OF ALLEGIANCE was lead by Councilmember Jacobsen.

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. 7:04:01 PM

4. MINUTES APPROVED.  7:04:11 PM  The Council reviewed the minutes of the meeting held July 14, 2009 and made the following corrections.  On page 2 at line 35, the word “not” should be “no.”  On page 3 at lines 21 and 32, the amount of “$50,457.50” should be “$40,457.50.”  On page 4 at line 6, the word “error” should be “erred.”  On page 5 at line 17, the word “would” was inserted following the word “they.”  On page 7 at line 13, the first “been” was removed.  Councilmember Lunnen moved to approve the minutes of the meeting held July 14, 2009 as corrected. Councilmember Barnett moved to second. The motion carried with all Councilmembers voting aye. 

5. EXPENDITURES.  The Council reviewed the Cash Disbursement Journal for May and June 2009 and the Warrant Register for June 2009.  7:08:14 PM  In the Cash Disbursement Journal for June 2009, Councilmember Chidester wondered why we are paying girls to run for Miss Richfield. This allows the City to be competitive with the County because the County pays girls to run for Miss Sevier County.  Mayor Ramsay asked about the retainage the City is holding for the Main Street project and when it would be released.  Mr. Langston indicated that once all of theitems on the punch list are substantially completed, the retainage would be released.  Mr. Farnsworth indicated that someone from Jones and DeMille would be here in two weeks to give the Council a final report on the project.  Councilmember Chidester moved to approve the Cash Disbursement Journal for May and June 2009 and the Warrant Register for June 2009. Councilmember Rappleye moved to second. The motion carried with all Councilmembers voting aye.

6. BUDGET HEARING.  At 7:12 p.m., Mayor Ramsay opened a public hearing to receive comments on the budget for 2009-10 that includes:  (a) actual revenues and expenditures in the last completed fiscal year; (b) estimated total of revenues and expenditures for the current fiscal year; and (c) estimated total of revenues and expenditures for the upcoming budget year. 7:12:48 PM  Mr. Langston explained that this is the procedure we need to follow.  It was thought that the City would have to go to truth in taxation, so we could not adopt the budget until August.  Then the County and the State Tax Commission notified us that we did not need to do that and could adopt the budget now.  Hearing no comments, Mayor Ramsay closed the hearing at 7:14 p.m.  7:14:02 PM

7. BUDGET FOR FISCAL YEAR 2009-2010 & CERTIFIED TAX RATE ADOPTED.  7:14:13 PM  Councilmember Chidester moved to adopt the budget for fiscal year 2009-10 and adopt the certified tax rate of .001895.  Councilmember Lunnen moved to second.  Mr. Langston explained that the certified tax rate is the tax rate the City can adopt without going through truth in taxation and the rate is basically revenue neutral from the prior year.  Any growth the City had would be able to capture in this rate. The motion carried with all Councilmembers voting aye.

8. AMENDMENT TO PHASE I OF THE BUSINESS PARK APPROVED.  7:15:49 PM  Ryan Savage was present to explain the reasoning behind the amendment.  The subdivision has to be moved 31/2 feet to the south because the sewer line was installed further to the south to accommodate the power line.  In order to have the sewer line remain in the road, the subdivision has to be shifted to the south.  Councilmember Rappleye moved to approve the amendment to Phase I of the Business Park plat.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye.

9. BID AWARDED ON THE CURB AND GUTTER PROJECT FOR THE BUSINESS PARK.  7:18:26 PM  Mr. Savage stated that A & D Jensen Contractors was the low bidder on the curb and gutter project with a bid of $55,656.  The engineer’s estimate was actually$90,000.  7:21:28 PM  Councilmember Barnett moved to award the bid for the curb and gutter project to A&D Jensen Contractors with a bid of $55,356. Councilmember Lunnen moved to second.  The motion carried with all Councilmembers voting aye.

Mr.Savage stated that the low bidder and only bidder on the asphalt project was Staker Parsons with a bid of $127,910. The engineer’s estimate for this project was $112,000.  7:23:26 PM  Councilmember Jacobsen moved to award the asphalt bid for 600 West to Staker Parsons with a bid of $127,910.  Councilmember Lunnen moved to second.  The motion carried with all Councilmembers voting aye.

10. PERPETUAL CARE FUNDS REQUESTED.  7:25:58 PM  Councilmember Chidester explained that this would be the last house built along the cemetery property.  The City has paid half on all the other fences along the cemetery to the west.  The funds will need to be expended from the perpetual care fund, but in order to transfer the money to the general fund, the budget will have to be opened and amended.  Doing this would require a public hearing.  A public hearing will beset for the August 25.  Then when the Council approves the expense for this fence, the budget can be opened and amended.

11. REQUEST FOR SUPPORT BY SONS OF THE UTAH PIONEERS.  7:30:25 PM  Doug Loosle and Jack Kyhl representing the Sons of the Utah Pioneers told the Council they have located the first Richfield City Jail.  The owner is giving the jail to them.  They would like the Council to support them and their efforts to preserve the jail.  There will be some remodeling done on the jail.  It is a very unique structure, but they do not have actual proof that this is the first jail.  Their philosophy is to preserve as much as they can.  Councilmember Lunnen moved to support the Sons of the Utah Pioneers in their efforts to relocate and preserve the first Richfield City jail.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye.

12. BUSINESS LICENSE ENFORCEMENT DISCUSSED.  7:36:07 PM  Mr. Billingsley reviewed the current ordinance for business license enforcement with the Council.  He explained a situation that occurred last week.  He and Officer DeMille were examining a place of business for compliance and were told to leave based on are commendation from their attorney.

Mayor Ramsay told the Council that they are the body to revoke a business license.  Changes to the operation of a business when they are licensed to do one business and add other businesses under the same license without authorization, is a violation. If there are violations, it maybe necessary to take action and revoke a business license.  Therefore, he wanted the Council to be aware of the ordinance.  Mayor Ramsay felt that Mr. Billingsley should bring any cases before the Council and let the Council decide on a case-by-case basis if this action should be taken.

13. CEMETERY POLICY AND PROCEDURE AMENDED.  7:49:10 PM  Councilmember Chidester explained that he met with the Cemetery Committee and they had a request for an upright headstone in Section D.  They had a consensus that the Cemetery Policies and Procedures should be amended to allow upright headstones in all sections of the Cemetery including Section D.  It was Councilmember Chidester recommendation that the fee for these spaces raised to $325, which is what they for spaces elsewhere in the cemetery.   Councilmember Barnett questioned why we had a separate section for flat headstones to begin with.  Councilmember Chidester understood that at the time the section was development, the Council was looking at the ease of maintenance.  The Council did not feel that maintenance was an issue.

 7:51:19 PM  Councilmember Rappleye moved to amend the cemetery policies and procedures to allow upright headstones in all sections of the cemetery and that the cost of the spaces in Section D should be $325 a space. Councilmember Chidester moved to second. The motion carried with all Councilmembers voting aye.

14. VETERANS’ MEMORIAL UPDATE.  7:52:47 PM  Mr. Farnsworth explained that the granite pillars have arrived in the United States and are suppose to be on the way to Salt Lake City by rail.  Mr. Farnsworth believes that as soon as the pillars are up, a lot of fund raising will be done and it should help pay the balance of the monument. McAllisters will be starting the template for the top portion of the capstone on Monday. 

15. COOPERATIVE AGREEMENT BETWEEN SEVIER SCHOOL DISTRICT AND RICHFIELD CITY DISCUSSED.  8:03:17 PM  Mr. Farnsworth explained why this agreement has come about.  He stated that the School District has to formalize a policy because they currently allow a non-profit organizations to use their facilities at no charge.  The School District charges other organizations $25 an hour to use their facilities to cover costs.  There have been questions about whether some of the organizations are non-profit or not.  The School District has come up with a reciprocal agreement with the cities for the use of their facilities in exchange for the use of our facilities. This would allow the City to continue in its use of the school districts facilities at no charge with the school district using the city’s facilities atno cost.  This will be on the next agenda for formal action.  The School District would like this agreement in place before school starts.

15. STATUS REPORT ON BIKE PATH AND FENCING PROJECTS. 8:08:33 PM  Mr. Langston stated that problems with some limbs that overhang the bike path along the cemetery. He reported that these limbs have been removed.   The striping of the path should be completed midweek.  Hopefully, the signage will also be taking place this week.  Councilmember Barnett wondered what it would take to light the new section of the path.  He would like to see lights installed similar to those along College Avenue.  There was some concern about the effects the lights might have on the residents along the path.  The Council wanted to have Cecilia Bytheway review the area and give them an estimate to light the path from 500 North to Main Street.  Councilmember Barnett thought that if the new bike path is not lit, the City could face some liability issues.

The fencing should begin this week and is scheduled to be completed by August 15, 2009.  Mr. Langston reviewed the City’s master plan and the County’s master plan for the bike path. Mayor Ramsay thought that the City’s next phase should go south from Snow College.  There is an issue with the placement of the path along the fields at the College and along the Rotary Park fields.  Mr. Langston stated that we might have to get permission from the Highway Administration to move their fence.  They allowed us to do this on College Avenue, so maybe they would allow it by the Rotary Park.  Councilmember Barnett suggested running the path around the ball diamonds to the east, but the City would have to have permission from the College.

Mr. Langston remembered when the fields were built in 1991; the City figured they would have a 20-year life.  We have surpassed that and since our growth is slow, it might be another 20 years before the field are moved.  However, the College’s master plan does show the fields being relocated to the southwest corner of their campus.  The City is going to work on a proposal for the next phase and have Cecilia Bytheway address the lighting of the new phase.

The Council also discussed the need to educate the public about walking dogs along the path and leaving their waste behind.

16. OTHER BUSINESS.  8:34:06 PM  Councilmember Jacobsen wanted to know if the City crew has done anything on the Doug Jensen drainage issue.  Mr. Farnsworth stated that he has met with the crew and discussed what needs to be done.  The City crew has this on their schedule, but they have many other projects to do as well.

8:34:54 PM  Councilmember Barnett wondered if there was any feedback from the business owners after the sidewalk sale this past weekend.  No one heard anything from the businesses.

8:35:33 PM  Councilmember Barnett reminded the Council that the ATV Jamboree is trying to break a world record for the most ATVs in a parade.  He thought the Council should be involved with this.

8:36:18 PM  Councilmember Barnett reminded the Council of the 4^th of July appreciation dinner tomorrow night at 6:30 p.m.

8:37:04 PM  Councilmember Rappleye had calls from some of the businesses complaining about people parking for the parade the day before along Main Street.  The businesses would like to have something done so that chairs and parking could not be done in front of the businesses until at least 6:00 p.m. on the night before.  It was really a problem this year because the cars and chairs were there all day on the 3^rdof July.  Salt Lake City has regulations for their parade and so does Provo.  We should see what other cities are doing.

8:40:30 PM  Mr. Farnsworth gave the Council an analysis of the 800 South matter.  This will be on the next agenda.

8:41:11 PM  Lorraine Gregerson reminded the Council of the ribbon cutting at the fair grounds next Wednesday, August 5.  She needs an RSVP if anyone is going to attend the luncheon. 

8:42:32 PM  Mayor Ramsay addressed a letter from Cecilia Bytheway about the lighting in the parking lot in the 200 North block.  She did find that the lighting was inadequate.  The City does not have the funds to do anything about this right now.

8:43:36 PM  Many rocks are being left on the sidewalks and in the parking lots from the chip seal project.  We need to have someone from the road crew identify areas that need to be cleaned up and see to it that the contractor takes care of it.

8:46:06 PM  Mr. Langston reported on the recent sales tax information.  Final distribution for June was received today.  Highways tax is down31% from last year and sales tax is down 25% from last year.  Mr. Langston stated that it is not getting better.

8:47:54 PM  Mayor Ramsay reported that Palisade Pals did not get their federal funding for their transportation project.

8:48:29 PM  Mr. Turner is concerned with the business license matter discussed earlier in meeting by Mr. Billingsley.  Mr. Turner felt that if a business has violations, they should go to court and let the judge make a decision, instead of revoking the business license. 

17. EXECUTIVE SESSION.  8:59:22 PM  At 8:59p.m., Councilmember Jacobsen moved to adjourn regular session of the Richfield City Council and convene an executive session to discuss the purchase of real property.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye. 

18.  RECONVENE & ADJOURN.  9:17:16 PM  At 9:17p.m., Councilmember Jacobsen moved to reconvene and adjourn.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye. 

 PASSED and APPROVED this 11 day of August, 2009.