1.                  OPENING REMARKS were offered by Councilmember Lunnen.

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.  7:06:11 PM 

Others present:  Charles Billingsley, Mel Leseberg, Syd Griffiths, Bryan L. Burrows, Kris Allred, Lorraine Gregerson, Haley Smith, Matthew Henry, Mike Turner, Bruce Mehew, Paul Krauth, and David Anderson.

4.                  APPOINTMENTS.  Mayor Ramsay recommended that Blake Zobell and Stan Chappell be reappointed to the Planning Commission and that Lynn Breinholt and Brent Bastian be reappointed to the Board of Adjustment.  Councilmember Lunnen moved to reappoint Blake Zobell and Stan Chappell to the Planning Commission and Lynn Breinholt and Brent Bastian to the Board of Adjustment.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye.

5.                  PRESENTATION.  7:09:07 PM  Mr. Langston stated that this is Mr. Farnsworth’s last Council meeting as he is retiring at the end of this month.  Mr. Langston read a tribute that he had prepared honoring Mr. Farnsworth for his 32 years of service to the City, but also for his service in the Rotary Club, Chamber of Commerce, etc. 

6.                  MINUTES APPROVED.  7:18:53 PM  The Council reviewed the minutes of the meeting held October 27 and November 10, 2009 and made the following corrections.

In the minutes of the meeting held October 27, 2009, on page 3 at line 34, the word “with” was replaced by the word “and.”  On page 4 at line 4, the word “one” was replaced by the word “equipment.”  At line 20, the word “new” was inserted before the word “equipment.”  At line 23, the word “purchase was inserted before the word “playground.”  On page 8 at line 14, the word “the” was removed.  At line 15, the word “on” was replaced with the word “to.”  On page 10 at line 26, following the word “for” the phrase “ways to care for” was inserted.  At line 30, the word “implement” was replaced with the word “include.” 

In the minutes of the meeting held November 10, 2009 on page 5 at line 32, the word “was” was replaced with the words “would be.”  On page 6 at line 12, the word “give” was replaced with the word “allow.”  At line 36, the word “insurance” was replaced with the word “assurance.”  On page 8 at line 30, the word “deposition” was replaced with the word “disposition.”

Councilmember Rappleye moved to approve the minutes of the meeting held October 27 and November 10, 2009 as corrected.  Councilmember Lunnen moved to second.  The motion carried with all Councilmembers voting aye. 

7.                  EXPENDITURES.  The Council reviewed the Cash Disbursement Journal and the Warrant Register for November 2009.  Having no questions, Councilmember Chidester moved to approve the Cash Disbursement Journal and Warrant Register for November 2009.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye.

8.                  SEPTIC AND PORTABLE WASTE FEES DISCUSSED.  Mr. Farnsworth stated that he was told by Mr. Krauth from the Division of Water Quality that cities do not have to accept waste.  7:27:47 PM  Mr. Krauth recommends that the City continue to accept septic and portable waste.  He told Mr. Farnsworth that the City could more than justify $125 fee per 2,000 gallons dumped.  The City has two sewer ponds, both 70-acre cells, and the staff is recommending that the City charge $60 per load, not to exceed 3,300 gallons.  The staff’s recommendation also suggests that the City charge $90 per load, up to 3,300 gallons, for out-of-county septic waste.  The portable waste considered to be blue goo is currently accepted at a base fee of $26 per month and $1 per 100 gallons of waste.  The recommendation is to leave the base fee at $26 per month but charge $1.25 per 100 gallons of waste.  The justification for this is that port-a-potty waste contains a chemical that not only kills the bad bacteria, but also kills the good bacteria.  This kind of waste would not be that significant because of the size of our lagoons.

There was some concern about allowing out-of-county waste because we do not want to become a destination dumping spot for all of southern Utah.  Mr. Farnsworth checked with the City Attorney to see if the City would be discriminating against haulers from out of the area if the City allows only in-county haulers to dump that waste at our facility.  Mr. Chamberlain stated that the City could avoid claims of discrimination if the haulers from Sevier County are required to purchase a City business license each year.

Mr. Farnsworth mentioned that Max White would like to do some research so he could respond to the City’s findings with regard to the chemicals he uses in his port-a-potties.  He indicated that they are just deodorizers.    

Sid Griffiths stated that the temporary measures in place have been very helpful.  He would like to see the City charge for what is brought in.  Mr. Griffiths would like the City to consider charging by quantity instead of per load.  Mr. Farnsworth thought this might be a more consistent way to bill.  Mr. Griffiths also wanted the Council to consider not charging extra for waste that comes from outside the county.  He has been trying to attract business, just like other business men, from folks in Marysvale, Scipio and Axtell.   He gets competition in our area from Sanpete County, Wayne County, and Beaver County.

Councilmember Barnett does not want the City to handcuff our local contractors.  He suggested putting a higher fee charged to contractors outside the County if they want to dump waste here, but not charge the extra fee for the local contractors.  Councilmember Chidester stated that out of the area contractors are not going to be allowed to dump waste here at all. 

Mayor Ramsay stated that the contractors may be required to hold a Richfield City business license in order to be able to dump in the City’s facility.  Max White wanted to do some research to determine the content of the deodorizer they use in their port-a-potties because it only kills odors and does not break anything down.  Mr. Langston asked if the chemical used in trailer houses is different than what Mr. White uses.  Mr. White said it is different because the chemical used in trailer houses kills bacteria and breaks down the waste.  Mayor Ramsay would like to have the new fee schedule in place by the first of the year. 

7:43:31 PM  Councilmember Barnett was excused.

8:47:59 PM  Councilmember Chidester had a concern about the septic waste fees.  Councilmember Barnett mentioned two reasons the City would not want to do what it was discussing, but Councilmember Chidester had a third reason.  Bringing sewage from outside our county was equated by Councilmember Barnett as bringing business to Richfield.  Councilmember Chidester stated when people come to Richfield and buy stuff.  They use doctors and dentists here.  Those individuals are coming here to get a service.  The citizens of Richfield put up the money to build the sewer facility and the people outside our county have not contributed to the infrastructure of the City at all.  He does not think it unfair to charge an additional fee over the local people that dump.  Mr. Farnsworth stated that this could be addressed on the 12 of January and the fees could be retroactive back to January 1, 2010.

9.                  PUBLIC HEARING – Recycling Tax Credit Area.    7:43:54 PM  Mayor Ramsay indicated that Sevier County Economic Development Director has asked the City to consider creating a recycling tax credit area including the City’s two industrial parks.  It allows items within the designated area to be recycled and allows businesses to send items out for recycling and tax credit is given for both.  Mr. Farnsworth stated that this is another way available to the businesses to take advantage of the State tax credits.  This is similar to the Enterprise Zone the City has created.  Hearing closed at 7:45:16 PM

10.             APPLICATION FOR THE CREATION OF A RECYCLING TAX CREDIT AREA APPROVED.  7:45:19 PM  Mayor Ramsay stated that the application for the Recycling Tax Credit Area must be submitted by the end of the year.  Councilmember Chidester moved to approve the application for a recycling tax credit area, which would include the current industrial park and the new business park.  Councilmember Lunnen moved to second.  The motion carried with all Councilmembers voting aye.

11.             CONTRACT FOR ENGINEERING SERVICES WITH CREAMER & NOBLE, INC. APPROVED.  7:46:38 PM  Mr. Farnsworth explained that it has taken a few years to get to this point, but we are involved in the land acquisition phase of the airport improvement project.  This has been a very lengthy process with appraisals and negotiations and we still have a ways to go in this process.  The City has the funding in place for land acquisitions.  Toward the end of Kay Kimball’s administration, FAA made some strong commitments to Richfield City.  Since that time, Mayor Ramsay’s administration has also made a commitment to FAA to complete the project.  Mr. Farnsworth stated that should the City falter after such commitments have been made, FAA would have some serious questions.  He hopes that the next administration would feel committed to do this project.7:50:44 PM

The City is going to pay two and a half percent, and has been paying two and a half percent of the total costs for the airport development projects.  The City is going to apply to CIB the first part of January to ask for approximately $670,000 with $250,000 in the form of a loan.  With the revenue from fuel sales at the airport, we could easily accommodate that kind of a loan.  If CIB were willing to go with a 30-year loan, the City would be able to accommodate the $670,000 in loan if we had to.  Hopefully, CIB would look at the fact the City over the years would generate, through FAA and State participation, $27 million dollars for the construction of all phases at the airport.

Early last year, through the selection process, the Selection Committee recommended the selection of Creamer Noble Engineering.  The Committee felt that they had the proposal the City was interested in and wanted.  Creamer Noble chose to subcontract with Jones & DeMille Engineering, so some of the money will stay here locally with their employees that work here.  This was a real plus for their application. 

Mr. Farnsworth had the Council look at Section C of the agreement showing a lump sum of $1,428,000.  Mr. Farnsworth explained that this amount falls below the FAA’s parameters as to the percentage that can be used in these contracts.  This amount includes the preliminary design and design of all features.  Mr. Farnsworth noted that the City does not have enough money approved by FAA at this point.  Once all the land acquisition is complete, the City would only have approximately $400,000 to $500,000 left toward the $1,428,000.  Mr. Farnsworth has been working with Kevin Luey from FAA to come up with some language for this contract that would guarantee Creamer Noble Engineering would not bill the City anymore than what is available in federal funds.  If all goes well, Kevin Luey indicated that more federal funds would be available to the City by this summer.  The City would need to make application to FAA at that time for funding to complete the balance of this contract.

Mr. Leseberg of Creamer Noble Engineering stated that the amount of their contract is 5.5% of the total construction cost of the project, or 6.4% of the total overall project.  The normal engineering fee for a design fee is approximately 8%, but in context with everything else that is going to happen, this is a minimal amount.  The design includes a complete set of plans and specifications and ready to bid documents for the first project.  Mr. Leseberg stated that the City would not be billed for any money beyond what is available.  They are not going to stop working on the design and will complete the project and when funds become available they will put in for the rest of the funding. 

8:00:50 PM  Mr. Leseberg explained that Mayor Ramsay recently signed a letter asking the FAA to do a letter of credit.  The reason this is important is because when we send a reimbursement request, the City will have the money within approximately two weeks.  Otherwise it takes about six weeks to see a reimbursement.  8:01:25 PM 

8:04:11 PM  Councilmember Chidester moved to approve the contract with Creamer Noble Engineering for the Richfield Airport with the stipulation that the wording of the contract be amended specifying the City will not be billed for anything which funds are not available for.  Councilmember Jacobsen moved to second.  The motion carried with all Councilmembers voting aye.   

12.             HEARING SET FOR JANUARY 12, 2010 FOR CIB APPLICATION.  8:05:34 PM  The Council discussed making an application to CIB for the City’s share of the funding for the Airport projects.  Mr. Farnsworth and Mayor Ramsay talked about the need to relocate the well.  FAA will fund a well to the current depth, but the City may want to go 1,500 feet deep, so the City would have to pay the difference.  This is the only item that would not be included in the CIB application.  Mr. Farnsworth suggested working with Mr. Leseberg to see if there is a way to have the State participate in the extra cost.  Councilmember Lunnen moved to set a public hearing for January 12, 2010 for an application to CIB for the City’s share of funding for the Airport project.  Councilmember Rappleye moved to second.  The motion carried with all Councilmembers voting aye.

13.             MATERIAL OF MASONRY FENCE FOR THE MT. CATHERINE PROJECT CLARIFIED.  8:10:06 PM  Mr. Hinrichs reminded the Council of the discussion that was held with the developers of the Mt. Catherine project regarding the masonry fence along the canal.  The developers are proposing a concrete slab fence with a block design stamped on the front.  Councilmember Rappleye asked Mr. Hinrichs if he approved of this fencing.  Mr. Hinrichs indicated that he thought it would look better than a flat block fence.  Councilmember Lunnen wondered if it would be easier to replace than a block wall fence.  Councilmember Lunnen talked with a contractor who told him the most important thing is that there be steel posts placed in the foundation.  He wants to make sure that it is built as strong as a cinder block fence.  8:15:35 PM  The consensus of the Council was to allow this type of fencing around the Mt. Catherine development.

14.             ADMINISTRATIVE ACTION FOR PROPERTY MAINTENANCE DISCUSSED.  8:16:22 PM  Charles Billingsley discussed the action taken to date on the property located at 358 North 400 East owned by Jessie and Rose Christensen.  He noted that a petition signed by the neighbors was received complaining about the conditions of the property.

During the past year, the property has been cleaned up, but it never stays that way. 

Councilmember Barnett returned at 8:17p.m. 

Mr. Billingsley explained that he received an anonymous letter on August 28, which is when he conducted a new survey of the property and took pictures.  This is when he began the current case file on the property.  He checked the property on September 23 and noted that some of the weeds had been removed, but the basic cluttered items were still there.  He then wrote up a citation with a letter and went to hand deliver the letter.  Mrs. Christensen was sitting outside when he arrived.  This was the first contact he had with Mrs. Christensen wherein she was hostile toward him.  After that meeting, Mrs. Christensen called Mr. Billingsley and left a message on his phone demanding a copy of the petition.  At Mrs. Christensen’s request, Mr. Billingsley and Officer DeMille met with the Christensens on September 28 and he gave them a copy of the citizen letter and the petition.  The names had been removed from the petition and Mr. Billingsley explained that if the matter goes to court, the Christensens would have access to that information.  Mr. Billingsley also gave the Christensens a copy of the Nuisance Ordinance.  The Christensens did not agree with what Mr. Billingsley determined to be junk and debris.

Robert Lund addressed the Council on behalf of Rose and Jessie Christensen.  He noted that the U.S. Code allows a person to have on their property anything legal to possess.  Mr. Lund stated that the U.S. Code also prevents people from conspiring against individuals to deprive them of their constitutional rights.  Mr. Lund stated that Mr. Billingsley and the other people are conspiring with petitions, letters and pictures to deprive the Christensens of the enjoyment of their own personal property.  He noted that the Christensens should organize their property and keep it clean, but it is their right to determine what to do on their own personal property.  Councilmember Lunnen stated that when the City has an ordinance which prohibits these things, then the Christensens have to comply with that ordinance.  This is not a violation of their civil rights.

Mayor Ramsay asked the Christensens if Mr. Billingsley had told them specifically what needs to be done.  Mr. Christensen stated that Mr. Billingsley has told them that they need to tidy up and remove the weeds.  Mayor Ramsay stated that junk vehicles and stacked tires are against the ordinance because tires cannot be stored in a residential area.  Mr. Lund stated that there are four spare tires for Mr. Christensen’s truck.  Councilmember Chidester noted from the pictures that some of the tires were not usable tires.  Councilmember Lunnen asked the Christensens if they were given a reasonable time to clean up to Mr. Billingsley’s satisfaction, how much time would they need.  Mayor Ramsay said he would have Mr. Billingsley come and be very specific about what needs to be done if they could have it cleaned up by the 1^st of March.

The Christensens stated that they would be able to clean up by March 1st.  Mayor Ramsay wanted Mr. Billingsley to meet with the Christensens this week or next and give them a specific list and wanted the Christensens to cooperate.  Mr. Billingsley expressed some apprehension because he has met with Mr. Christensen and it ended in an argument.  Also, the last time he met with Mrs. Christensen, she was very confrontational.  Councilmember Lunnen told Mr. Billingsley to take Officer DeMille with him.  He told the Christensens that if this gets confrontational again, the City would have no recourse but to take the matter  to court. 

Mrs. Christensen told the Council that if Mr. Billingsley is willing to be reasonable, they would have no problem.  Mayor Ramsay stated that their idea of reasonable cannot be contrary to the City’s ordinance because the ordinance will be enforced.  Mayor Ramsay set a meeting with the Christensens and Mr. Billingsley for this Thursday at 3:00 p.m.  The Council was willing to give the Christensens until March 1, 2010 to correct the problem.

15.             CABLE TV CHANNEL FOR RICHFIELD DISCUSSED.  8:49:38 PM  From Mr. Farnsworth’s findings, he noted that if the City were to have its own channel, advertising with local businesses would be a conflict where this would be subsidized by local government.  There is a meeting on December 17 at 3:00 p.m. with Eddie Cox here at the City office.  Mr. Cox would like to discuss some of the things Centra Com plans on doing here in Richfield as far as the cable franchise infrastructure improvements in the next year or so. 

16.             STATUS OF VETERANS MEMORIAL.  8:54:24 PM  Councilmember Chidester explained that a lot of earth work has been done by the golf course crew and a contractor.  Brad Houston was here today and toured the site.  The Veterans Memorial Committee met today and discussed a lot of design possibilities.  Mr. Houston pointed out that the drawings we have now are purely conceptual.  Nothing has ever actually been designed.  Now that there are elevations around the base, the wing walls and the layout of the monoliths can be determined. 

The Committee talked about the wall and whether it should be poured with concrete and faced because it is not going to be as high as originally thought.  It was suggested that the City might want to use solid granite pieced blocks for the wall.  If the granite block is something not available soon, then the wall will be poured with concrete so we can continue working on it.  The Committee also discussed having a memorial walk with trees and benches around the monoliths.

Councilmember Chidester told the Council of a program where people can make a pledge and pay for it in monthly payments over one year.  This information will be in the water bill and in the newsletter.     

17.             ORDINANCE 2009-12 ADOPTED.  The Council reviewed an ordinance that would prevent overnight camping associated with transient merchants.  9:01:13 PM  Mr. Hinrichs explained that this has become an issue in the parking lot of Napa Auto Parts.  The City received several calls on this and has had a few discussions with Mr. Chamberlain; this ordinance proposes to disallow overnight camping associated with transient merchants.  Councilmember-Elect Michael Turner wondered if they were cited for overnight parking, what the penalty would be.  Mr. Chamberlain stated if they did not move, the City could revoke their business license, and if they continued to operate they would be get a fine.  A misdemeanor would carry a fine of up to $1,000.  Councilmember Lunnen moved to adopt Ordinance 2009-12 regulating overnight camping associated with transient merchants.  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 Lunnen, aye. 

18.             DIVISION OF WATER QUALITY PROGRAM DISCUSSED.  Paul Krauth discussed a new program and regulations from the Division of Water Quality.  9:09:11 PM  Mr. Krauth explained a new operating permit program that deals with the City’s sewer lagoons.  The permit must be applied for by the first of the year.  The purpose of the program for the first five years is to gather data.  The Division of Water Quality wants to know what the flow is and how deep the water is in the sewer ponds.  It is important to have accurate flow measurements.  Mr. Krauth said they need to know the daily and the monthly averages for flows and pond depth.  Their concern is the sewer pond liners.  They know they leak because they are designed to leak, but they want to know how much lagoon seepage there is.  As the liners age, they become thicker and thicker and the seepage rate goes down which cuts down on the capacity of the lagoon.  New requirements for construction of ponds for agricultural waste require a synthetic liner. 

This came about when the Division of Water Quality looked at how they were doing in protecting ground water.  The majority of the State’s drinking water is ground water.

19.             OTHER BUSINESS.  Lorraine Gregerson from the Chamber of Commerce reported on Christmas Tree Lane.  She felt that it was really successful and the giving tree collected enough to provide Christmas for two families.  That included Christmas trees, decorations and gifts for all their family.  The Chamber also took a box of gifts to the Sub-for-Santa.  Mayor Ramsay noted that the community wants to continue with Christmas Tree Lane.  The Light Parade is Saturday, December 12 at 6:00 p.m.

9:32:05 PM  Councilmember Rappleye explained that the Library is required to have a strategic plan.  She wanted the Council’s input on what they feel was important with regard to the Library and asked them to take a moment and complete a form. 

The Council set a special meeting for Tuesday, December 22, 2009 at 5:00 p.m. for a personnel appeal, and to discuss septic waste fees. 

20.             MEETING ADJOURN.  9:43:40 PM  At 9:43 p.m., Councilmember Jacobsen moved to adjourn.  Councilmember Chidester moved to second.  The motion carried with all Councilmembers voting aye. 

                PASSED and APPROVED this 22 day of December, 2009.