1.                  OPENING REMARKS were offered by Mr. Farnsworth.

2.                  PLEDGE OF ALLEGIANCE was lead by Councilmember Lunnen.

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.  7:02:42 PM

Others present:  Annie Knight, Demirie Huntsman, Seleni Shepherd, Michael Orton, Kenzie Gubler, Whitlee Roundy, Candace Morel, Charles Billingsley, Kristi Allred, Bruce Mehew, Bryan L. Burrows, Lorraine Gregerson, Tiana McEwen, Kirsten Grimlie, David Bean, Mike Turner, Verdi Rasmussen, Jason Rasmussen, Justin Heideman and Parker Russell.

4.                  MINUTES APPROVED.  7:02:57 PM  The Council reviewed the minutes of the meeting held October 13, 2009 and made the following corrections.  On page 5 at line 4, the “.” should be a “,” in the figure $300,000.  On page 9 at line 7, the word “the” was removed.  On page 10 at line 35, the word “have” was removed.  On page 11 at line 4, “Mr. Heideman felt that” was inserted at the front of the first sentence.   Councilmember Lunnen moved to approve the minutes of the meeting held October 13, 2009 as corrected.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye.

5.                  EXPENDITURES.  7:05:38 PM  The Council reviewed the Cash Disbursement Journal and the Warrant Register for October 2009.  Mayor Ramsay asked about the first 2 items on the Cash disbursement Journal because they appear to be a split between two departments.  Mr. Langston explained that this was a truck purchased to replace a smaller truck used to push snow in tighter areas.  The old truck was sold for approximately $3,000.  On next month’s journal, the plow and sander will show.  Mayor Ramsay asked if this is something we budgeted for.  Mr. Langston stated that it was.  The Council had no questions on the October 2009 Warrant Register.  Councilmember Chidester moved to approve the Cash Disbursement Journal and Warrant Register for October 2009.  Councilmember Rappleye moved to second.  The motion carried with all Councilmembers voting aye.

6.                  FOURTH OF JULY FOR 2010 DISCUSSED.  Lorraine Gregerson reported that an email was sent to all Chamber Members telling them that the Council would be discussing whether to hold the celebration on Saturday or Monday.  7:07:30 PM  She only received 14 replies, 10 of which would like the celebration on Monday, and 4 who would like the celebration on Saturday.  Some felt that the Patriotic Program would be more successful if the parade was held on Monday. 

7:09:40 PM  Councilmember Barnett indicated that he is looking at having the parade on Monday with the Children’s Parade and entertainment on Saturday and the Patriotic Program on Sunday. 

Wayne White expressed his opinion that as a business owner it would be nice for him to have an additional day to work and that the rest of the Country is celebrating on Monday. 

7.                  LOCAL TV CHANNEL DISCUSSED.  7:13:35 PM  Mr. Farnsworth indicated that a few individuals have inquired about the City having its own television channel as we did some years ago.  We would need to look at equipment, management, how it would be done and if it were feasible.  Councilmember Chidester asked why we relinquished it in the fist place.  Mr. Farnsworth indicated that the City really did not have anyone or the equipment to run it.  Councilmember Barnett has some concerns about the costs to run it, but he would like to at least explore the idea.  Councilmember Chidester noted that if the cost was a concern when we let it go, we are in straights now, so it might not be any more feasible.  Mayor Ramsay indicated that we should at least enquire about whether or not Centra Com would even consider relinquishing it back to the City before we get into a whole lot of research on how to pay for it.  He also thought the City would need to have some guidelines as to what we do with this channel.  Mr. Farnsworth will look into the matter and report back at a later date.

8.                  PROPERTY TRANSFER TO DENT CURTIS APPROVED.  7:16:56 PM Mr. Farnsworth explained that Dent Curtis is purchasing lot #1 and lot #2 of the Villas Vista Grande subdivision.  Mr. Curtis is going to build a home there and wants to extend his property so that he could have a garage on the north side.  He would like to do curb, gutter and sidewalk along the west side of the property.  He plans a 3-foot rock wall along the golf course boundary and asphalt the property and work with the City on providing drainage through the property from the roadway going across the golf course.  This property abuts the City’s fairway of hole #11 at the golf course.  Mr. Farnsworth suggested the City make a trade with Mr. Curtis for some transportation needs that the City has upcoming giving it a value of $2,500.  Because of size and dimensions, the City could not sell this property.

Mr. Curtis is also purchasing lot #5 of the Villas Vista Bonita subdivision and would like to have the small parcel of City property between him and the fairway of hole #10.  He would just extend the grass onto this property.  Both parcels are just weeds and would probably not ever be anything else. 

Mr. Farnsworth stated that the City will have some additional granite that will need to be transported and estimates that transporting it would be at least $2,500 in value.

Mayor Ramsay asked what the total square footage is of the first parcel.  Mr. Farnsworth did not know what the square footage was, but the parcel is so small nothing could be built on it.  Mayor Ramsay wants an agreement that states the property has to be improved.  Councilmember Chidester indicated that Mr. Curtis has the intention of improving the property and again stated that it is not buildable property.  Councilmember Chidester moved to draw up an agreement with Mr. Curtis for the two City properties to be transferred to him in exchange for transportation valued at $2,500 and a clause requiring the improvement of both parcels.  Councilmember Lunnen moved to second.  The motion carried with all Councilmembers voting aye. 

9.                  CANVASS OF MUNICIPAL GENERAL ELECTION.  7:25:18 PM  The Council canvassed the municipal general election held November 3, 2009.  This year the City chose to do early, absentee and provisional voting by optical scan ballot.  The city received 1,400 ballots and 1,001 ballots were left.  Fifty absentee ballots were requested, 42 of which were returned.  Two hundred twenty-four votes were cast during early voting.  Fifteen provisional ballots were cast; ten were counted and five were not.  There are 3,645 registered voters in Richfield City and 1,122 ballots were cast for 30.78% voter turnout.

OFFICIAL ELECTION RESULTS FOR RICHFIELD CITY:

            For Mayor

                        Brad C. Ramsay                             971

            4-Year Councilmember (Vote for 2)

                        Bryan L. Burrows                             640

                        Kathy Christensen                          494

                        Mayo Jacobsen                            418

                        Michael Turner                                505

            2-Year Councilmember

                        Kris Allred                                          928

Councilmember Barnett moved to accept the canvass of the 2009 Municipal General Election held November 3, 2009.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye.

10.             OTHER BUSINESS. 7:31:05 PM  Mr. Farnsworth, Councilmember Chidester, Mayor Ramsay and Carl Holmes will be on the radio tomorrow morning talking about the Veterans’ Memorial. 

7:32:37 PM  Councilmember Chidester reported on a meeting that was held today with the engineers and the Canal Company to discuss the relocation of the canal and Airport Road.  The canal company still has some concerns, so the engineer is going to try and address those concerns.  The Canal Company would like the canal to be realigned so that there is not a 90-degree turn in the canal.  Flat Canyon drainage is also a concern.  They want a large conduit under the airport and this is not feasible because of the cost and there would be no way to clean it.  It would be 1,800 feet long.

Councilmember Chidester felt that a letter should be sent to Fed Ex about the expense the City went to in order for them to have a safe access into the business park and that is the entrance they should use. They should not use the dirt road going into Central Valley.  Some of the residents of Central Valley have been complaining.

7:36:10 PM  Mayor Ramsay reported that the 300 North sewer project is complete and the trenches were filled with asphalt today. 

7:37:10 PM  Mayor Ramsay reported on a meeting with the Veteran’s Memorial Fund Raising Committee today.  He indicated that we are short $100,000 to $125,000 to do what the City really wants to do.  This does not include the donated labor or donated materials.  The donations would go toward names on the memorial, benches, flagpoles and flags.  The Committee’s goal is to have the memorial completed by September 1, 2010 and hold a dedication ceremony shortly thereafter.  More information will be reported at the Veterans’ Day Program tomorrow.  The City hopes to have the memorial completed by next September so that it can be dedicated on Veterans’ day next year.  Mr. Farnsworth indicted that the architect and landscaping engineer are making some changes. 

11.             BUSINESS LICENSE FOR UNITED AUTOMOTIVE DISCUSSED.  7:42:37 PM  Parker Russell is an attorney working with Justin Heideman.  Mr. Russell had a site plan that proposed the placement of two 40-foot storage containers that are 8-feet high.  The containers would appear to be a continuation of the building.  United Automotive has gravel on site that could be used to spread across the property and keep the weeds down.  The ultimate plan that has been discussed with Mr. Rasmussen is to extend his building, but given the cost of such a structure, it is not feasible at this time.

Councilmember Lunnen asked if Mr. Parker was aware that the City has an ordinance prohibiting these types of storage containers.  Mr. Parker believes that the City would be within its rights to grant a variance for this purpose.

Councilmember Chidester asked if they have considered a Quonset type storage facility instead of containers.  Mr. Parker indicated that the containers would only cost $4,500, which would even cost less than a fence.  Councilmember Lunnen is concerned about granting a variance to a businessman that has been difficult to work with for over 15 years.

Mr. Heideman arrived at 8:09 p.m.

Mr. Heideman 8:09:56 PM thinks that this proposal directly responds to the issues the City has and in a way that alleviates the safety issues.  This would also eliminate the beautification issues because there would be shrubbery in front of the storage containers and all of the offending materials out of sight.  He pointed out that the business has the right to operate.  This is their livelihood.  He believes this is a simple answer to a big problem for both sides.  This proposal solves the problems with the City along with providing functionality for his clients.  Mayor Ramsay stated that the City is not opposed to Mr. Rasmussen running his auto repair business.  What Mr. Heideman is asking the City to do is violate its own ordinance or make an exception which would create huge issues for the City.  Mr. Heideman stated that he is not asking the City to violate its ordinance because Mr. Rasmussen has a grandfathered right.  They have been a pre-existing operation and as such allowing the storage containers would be an accommodation that is consistent with the grandfather.  This accommodation would give Mr. Rasmussen and the City to meet halfway.

Mr. Chamberlain stated that this business has been in violation of maintaining a Junk yard/salvage yard since it begun.  So how could it be grandfathered?  Mr. Heideman stated that they have a different interpretation of what the business is and they believe that the operation does pre-exist the beautification ordinance.  Again, that is not the issue.  The issue, according to Mr. Heideman, is can the parties meet in the middle.  Mayor Ramsay felt it would be easier if the containers were not in the mix and he asked if they had another alternative to the containers.

Mr. Heideman indicated that the containers are there to establish a secure facility for the material.  It would be cheaper to put a shed up, but the container being a steel structure, and fairly sound, would offer more security than some type of a wooden building.  He thought the security was an issue with the Council, but if the Council is more concerned with the type of material the container is built out of, they will build a wood one.

Councilmember Lunnen is concerned about opening up an issue that the Council felt strongly about putting in place and that is the use of the metal containers in the community.  Mr. Heideman wondered what the Council’s concern was in an industrial area with the use of a metal container.  He believes that there is a place in every zone for specific types of uses.

Councilmember Chidester asked what assurance the City would have that the structure is going to be maintained.  If the property would have been maintained for the last 20 years, we would not be here anyway.  His clients believe that they have maintained it, but if you look at the amount of material that has been removed for the property and continues to be removed; particularly at the expense it has cost, Mr. Heideman thinks that there is both a concerted and open effort for his clients to work with the City.  If they had no intent of maintaining it, they would not have spent the money to build a six-foot cement retaining wall, they would have not gone to the expense of removing over 90 vehicles, and they would not have gone to the expense of hiring a law firm to come in and propose these solutions.

Mayor Ramsay would like to see a resolution to this matter that does not include storage containers.  A fence would be fine or storage shed in the place of the storage containers, if it meets our code.  Mr. Heideman stated that a fence would be less expensive and if that would resolve the problem, they will put up a fence.  The other issues Mayor Ramsay has is that some landscaping would be required and there would have to be some agreement or some understanding that some of the vehicles are not there for parts.  Mr. Heideman stated that the majority of those vehicles have been removed.

Mayor Ramsay asked Mr. Heideman to come up with a solution or proposal based on what has been presented here tonight, with landscaping and a plan to maintain the back of the property so that it is not a salvage yard.  Mr. Heideman stated that if acceptable language with regard to the back of the property could be arrived at, then he would be okay with that.

Mr. Chamberlain stated that he is concerned about the Coca Cola trucks because they would be visible over a fence.  Mr. Heideman is sure that he could drive up and down the streets of Richfield and be able to see a whole bunch of motor homes, trailers and fifth-wheels that extend above fences higher than this Coca Cola truck.  Someone would have a very hard time telling Mr. Heideman that there is a fundamental difference between that Coke truck and someone else’s fifth wheel extending above a fence.  He told the Council that would be arbitrary and capricious and grounds for a 1983 action because there is no way any judge or citizen would be able to categorize that sight line as being different.

Councilmember Barnett expressed his concern about this being an ongoing issue for 20-plus years.  When you say that they want to continue to conduct business the way they have for the past 20 years because they have done it for the past 20-plus years, does not mean that they have done it with the blessing of the City.  He noted that they have gone to great expense to clean up their yard.  What is to prevent them from filling their yard back up with abandoned, dilapidated and salvage vehicles so that in five years we are right back where we are right now fighting the same battle.  The City needs something that is going to guaranty that this gets fixed, that it gets fixed properly and that it gets fixed in a timely manner and it does not have to be revisited every five years.

Mr. Heideman indicated that this is why he would be willing to work on that language with counsel because if a settlement agreement is entered into, that fundamentally alters the position of both parties.  Once a document like that is signed, at the point in time the arguments for grandfather and waiver are effectively terminated.  At that time, a new agreement has been reached that alters the use, even if the use is not changed in terms of what is being done, but it changes the use in terms of the law.  So as a result, that document now becomes the binding document between the parties.  As a result, if there is a sudden decision on the part of the City to do something that is not authorized in that document, the City would be in just as much trouble as if the Rasmussens were to do that. 

12.             EXECUTIVE SESSION.  8:41:23 PM  At 8:41 p.m., Councilmember Jacobsen moved to adjourn regular session of the Richfield City Council and convene an executive session to discuss a litigation matter.  Councilmember Barnett moved to second.  The motion carried with all Councilmembers voting aye.

13.             RECONVENE.  9:13:01 PM  At 9:13 p.m. Councilmember Jacobsen moved to reconvene.  Councilmember Barnett moved to second. The motion carried with all Councilmember voting aye.

9:13:53 PM  Mayor Ramsay wanted to clarify that Verdi Rasmussen is the owner of record and that is who the City will deal with.  Mayor Ramsay stated that the Council has agreed to not revoke any business license with one condition.  The City be allowed back on the property to document and take pictures of what is there.  Mr. Heideman stated that this would be acceptable so long as he is there.  Then, the City will present the pictures to Mr. Heideman and request a disposition of the property.  Mr. Heideman will meet with Mr. Billingsley and Mr. DeMille on Monday at 3:00 p.m. on the property to take pictures and take inventory of the items currently there.

14.             EXECUTIVE SESSION.  9:18:14 PM  At 9:18 p.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 an individual(s) to serve on the Planning Commission and Board of Adjustment.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye.

15.             RECONVENE & ADJOURN.  At 9:23 p.m., Councilmember Jacobsen moved to reconvene and adjourn.  Councilmember Rappleye moved to second.  The motion carried with all Councilmembers voting aye. 

                PASSED and APPROVED this 8 day of December, 2009.