1.  OPENING REMARKS

1. OPENING REMARKS were offered by Councilmember Chidester.

2. PLEDGE OF ALLEGIANCE was lead by Scout Troop 607.

3. ROLL CALL was answered by Mayor Brad Ramsay, Councilmembers Richard Barnett, Bryan Burrows, Dan Chidester, Mike Turner, Acting City Administrator Mike Langston and City Recorder Michele Jolley.  Mayor Ramsay excused Councilmember Kris Allred.

Others present:  Regina Dickinson, John Hales, Rodney Busk, Janet Busk, David Simonsen, Pat Simonsen, Billy Thomas, Makelle Hales, John Syphrett, Jim Porter, Bruce Mehew, Lorraine Gregerson, Jason Ogden, Bob Tustison, Mary Alice Tustison, Curt Gentry, Brian Barton, Jeff Heath, David Busk, Adam Parsons, Jay Robinson, Doug McInelly, Scott Turner, Rodger Brazell, Michelle Brazell, David Mower, MaKay Olsen, Kent Teeples, Terrel Olsen, Stephen Monsen, Andrew Smith, Kevin Kitchen and David Anderson.

4. MINUTES APPROVED.  7:08:17 PM  The Council reviewed the minutes of the meeting held January 26, 2010 and made the following corrections.  On page 3 at line 33, the phrase, “with the assistance of the City Crew” was inserted following the word “buildings.”  On page 4 at line 29, the word “pigging” should be “piggy.”  Councilmember Chidester moved to approve the minutes of the meeting held January 26, 2010 as corrected.  Councilmember Turner moved to second.  The motion carried on the following vote:  Councilmember Barnett, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye. 

5. EXPENDITURES.  7:09:58 PM  The Council reviewed the Cash Disbursement Journal and the Warrant Register January 2010.  Councilmember Turner moved to approve the Cash Disbursement Journal and the Warrant Register for January 2010.  Councilmember Chidester moved to second.  The motion carried on the following vote:  Councilmember Barnett, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

6. PUBLIC HEARING – Municipal Energy Tax & Telecommunications Tax.  7:15:01 PM  Mayor Ramsay opened the public hearing at 7:15 p.m. to receive comments on a proposal to increase the Municipal Energy Tax and the Telecommunications Tax.  He asked Mr. Langston to explain the proposal.  Mr. Langston stated that last year the City lost $200,000 in sales tax revenue, which is the City’s main source of revenue.  We were hopeful that by November of 2009 it would level off, but that has not happened.  Revenues are still declining.  Mr. Langston estimates the revenue to be down $475,000 from two years ago.

In addition to the loss in sales tax revenue, the City’s investments in the State Investment Pool are also down.  About a year ago, we were making 4% on our investments, but currently we are earning about .7%.  The City has lost approximately $70,000 in investment income.  In order to continue to serve the public at the same level of service, the City needs to do something.  So the Council has considered increasing the Municipal Energy Tax from 3% to 6% and the Telecommunication Tax from 3% to 3.5%.

7:20:01 PM  Curt Gentry would like to have the Council consider some terms with any tax increase.  He would like to see the City have a six month review on the Energy Tax.  He felt that the money collected from this tax should go toward developing a bio diesel fuel from the algae that grows at the sewer ponds.  He would also like to see the County participate in such a program, as well.  Because there are so many concerns, he would like to see the City hold more meetings on this.

7:26:46 PM  David Simonsen read a statement to the Council.  He has lived in Richfield for 43 years and served on the Council in the early 80’s.  He represents a large portion of the residents who are on a fixed income.  Many citizens in the community on fixed incomes are having a hard time making ends meet.  Raising taxes at this time would be a real hardship on them.  He noted that other agencies are making drastic cuts without raising taxes.  He wondered if we are going to raise taxes every time the revenue falls.  The State is making the necessary cuts that they need to make and the City needs to do the same.  Many jobs have been lost and many small businesses here in town are just hanging on by a thread.  Now is not the time to raise taxes.  Richfield City debt is at an all-time high and taxes are higher than they have been in years.  Water, sewer and garbage rates have increased at an alarming rate over the past four years.  There have been projects completed in the City and money spent that probably should not have been.  He believes there are many items in the budget that could be cut before taxes are raised.

7:30:04 PM  Billy Thomas wanted to go on record as opposing the increase in these taxes.  He wonders if the employees could get their own health care.  Senator John McCain, Governor Michael Leavitt and Representative Brad Johnson said the people should shop around for their own health care and if they cannot afford it, then they could get a catastrophic health care plan and ask for charity for the rest.  He thinks the City should keep one-third of the recreation and golf course and put the other two-thirds out to the private sector and see if they can make it work.  He would also like to see the Planning Commission dissolved, abolished and done away with.  He said that there is a pigeon problem on Main Street and it should not be ignored.  He thinks the water and sewer rates and the business license fees are too high.

7:36:02 PM  Rodney Busk felt that Mr. Langston gave a good synopsis of the reason why we were here.  He felt that sales tax is an even tax, but while business is down, taxes should not be raised.  He does not think increasing the taxes are going to solve the problem.  He thinks the recession is only going to deepen and get worse.  He felt the Council should leave the taxes where they are and decrease them if possible.

7:38:22 PM  Regina Dickinson assumes that she will not only be paying taxes as a resident, but also as a consumer.  As a citizen, she would rather give up some of the services instead of having taxes increased.  She felt that this is only going in a direction where there are going to be more deficits.  She felt that the government is still violating free market principles by picking winners and losers and what businesses we subsidize and the ones we do not.  If the free market is not willing to support the pool or the golf course through voluntary contributions, then the Council is causing the residents to involuntarily support businesses that would not otherwise be supported.  That is in violation of free market principles. 

7:43:31 PM  Jeff Heath has worked for small businesses, large corporations and spent 26 years in the military.  Usually he has seen the principle of do more with less.  The taxes the City is considering passing on eventually comes back to the residents.  He believes that we are good at putting taxes in place and not repealing them.  He has had to close his small business on Main Street.  He is all for the services, but we can all do more with less. 

7:46:41 PM  Kevin Kitchen felt that the energy tax could be a burden on residents on a fixed income.  He would not be as opposed to the telecommunications tax.  The energy tax, given the current circumstances, could be considered borderline regressive because of the types of people on fixed incomes.  He thinks that this may push people to shop elsewhere.  He would favor an increase in fees as opposed to an increase in taxes.  He would also like to see the Council consider a repeal of the tax increase if passed. 

7:50:26 PM  Mary Ellen Tustison indicated that she is ignorant of the City’s budget, but she recalled the project done on Main Street.  She felt that this is something that could have been forgone instead of raising taxes.  She thought the City should think about conserving.

7:53:15 PM  Jay Robinson stated that the Council needs to make it easier for businesses to come in.  That is where the sales tax revenue is.  He believes the Planning Commission is running amuck, so the City is making it too hard for businesses to stay in business.  Mr. Robinson wants the City to make it easier for businesses to function.

7:54:42 PM  Councilmember Burrows asked Mr. Kitchen what services he would consider paying more for.  Mr. Kitchen indicated that he would pay more for recreation, library, and services that he would not consider to be basic emergency services.

7:55:25 PM  Mayor Ramsay closed the hearing at 7:55 p.m.

7. CITY IMPROVEMENTS STANDARDS DISCUSSED.  7:55:41 PM  Brian Barton addressed the Council about updating the City’s Standards for public works improvements.  He has been performing development reviews for the City to insure that any new developments fit the City’s master plan.  He indicated that there is a need to implement a construction standard that contractors and developers need to abide by.  Any time a project is bid out; there is typically a set of plans and specifications a developer has to abide by.  The problem has been that there is nothing in place to guide the developers.  A standard that has been implemented nationwide by several communities is in the American Public Works Associations Standards (APWA).  7:59:07 PM These standards insure that trenches are compacted, pipes are installed properly, manholes are installed properly, roadways, the oil content of asphalt, etc.  There is also a companion set of drawings such as typical curb and gutter sections, manhole sections, and common public works facilities. 

His recommendation included adopting the APWA manual standard specifications and plans.  He also indicated that the City has some specific requirements that staff would like to implement.  This would provide some assurance to the City and require the developer to sign that he is going to meet the conditions.  8:01:53 PM

Councilmember Turner asked what has been used in the past.  If there has not been a set standard, has it just been whatever the developer has thought was appropriate at the time.  Mr. Barton indicated that they have tried to refer the developers to the City standards, but the City standard drawings have been around since 2004 or 2005.  The last couple of years, Mr. Barton has recommended that developers follow the APWA standards because it is a relatively simple standard.

Councilmember Burrows asked if the cost for inspection would be passed on to the developer.  Mr. Barton stated that the City has been having Jones & DeMille inspect the projects and the expenses have been passed on to the developer.

8:04:52 PM  Mayor Ramsay asked if this would fit into our current development standards.  Paul Hinrichs stated that this would make the standards more efficient.  The standards would also be on line so developers would have easier access to the standards.  Other cities are using these standards as well.  Councilmember Chidester asked if we already require bonds.  Mr. Langston stated that the City has required bonds on some subdivisions, which is usually a cash bond.  This is not something the City has always done, but more so the last few years. 

8:06:58 PM  John Hales stated that Jones & DeMille have been very lax inspecting and doing their homework.  It has cost a lot more money.  Mr. Barton stated that you either expend the money upfront or on the back end.  It is a common practice nationwide to expend the money on the back end because there are so many variables.  Mayor Ramsay asked if implementing these standards would increase the cost to the developers.  Mr. Barton stated that he does not estimate the cost increase would be significant. 

8:10:29 PM  In the long run it would save the tax payer money, according to Mr. Langston.  Councilmember Burrows asked if these standards would be higher than the current ones.  Mr. Barton indicated that these standards are more comprehensive.  Mayor Ramsay would like to have them come back and show the Council in detail what this would mean for the City. 

8. BICYCLE MOTO-CROSS TRACK DISCUSSED.  8:12:12 PM  Mr. Brazell appeared before the Council and showed some examples of other tracks in the State.  He is proposing to start a non-profit corporation to build a moto-cross track on property located on Airport Road, just south of Golf Course Road.  Mayor Ramsay asked if the noise or dust would be a problem for the residents located to the north.  Mr. Brazell indicated that they would have a water hose and they are hoping to run races early on Saturday mornings.

Councilmember Turner wondered how many people would be in attendance.  The races Mr. Brazell has attended in Salt Lake have approximately 500 people in attendance.  Mr. Brazell stated if there is an AVA sanction for the event, you are guaranteed a State qualifying race.  Councilmember Turner asked if there would be enough property to accommodate all of the parking, along with the track.  Mr. Brazell thought there would be enough parking along the south end of the property.   

8:17:27 PM  Mr. Hinrichs indicated that the Planning Commission recommended that this would be a good temporary use for that property.  They further recommended that the Council not require any improvements for a two-year period.  The property will be modified by the relocation of the roadway in connection with the Airport project.  The Planning Commission also suggested the Council do what it can to encourage the County to allow the use of the fairgrounds for this track. 

Mr. Brazell explained that the association provides the liability insurance for the events.  The facilities will be fenced and adult supervision will be provided.    

8:26:08 PM  Councilmember Chidester moved to approve a proposal by Roger Brazell for the construction of a bicycle moto-cross track on Airport Road and south of Golf Course Road and waive the requirements of improvement for a two-year period.  Councilmember Turner moved to second.  The motion carried on the following vote:  Councilmember Barnett, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

Mayor Ramsay noted that the Airport Road is supposed to be under construction in 2011 and he recommended that Mr. Brazell have some access to the property from Golf Course Road.

9. C-2 USE FOR FIELDSTONE ACADEMY APPROVED.    8:27:00 PM  Mr. Hinrichs explained that Fieldstone Academy is purchasing the old First Security building at 94 North 100 East and have requested permission to locate a private school there.  It is a school for children that have a hard time learning in the public school setting.  Because it is a C-2 use, it requires the approval of the Planning Commission and the City Council. 

Chris Forsythe is the director of the Fieldstone Academy.  He explained that the kids attending this school are not at-risk kids.  The school is an independent school and a private school.  Councilmember Barnett moved to approve the Fieldstone Academy’s request to expand their private school to 94 North 100 East, the old First Security Bank building, based on the recommendation of the Planning Commission.  Councilmember Chidester moved to second.  The motion carried on the following vote:  Councilmember Barnett, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

10. REVISIONS TO THE ZONING CODE CONCERNING ACCESSORY BUILDINGS DISCUSSED.    8:36:32 PM  Mr. Hinrichs explained that the Planning Commission has determined a recommendation as to the height of accessory buildings in residential zones.  The maximum height would be 22 feet.  If the non-gable end wall of the building is 10 feet or less, the setback would be 3 feet from the property line.  If the height of the walls are between 10 feet and 16 feet, the setback would be 6 feet from the property line.  So the maximum height of the walls would be 16 feet and the height at the pitch of the roof would be 22 feet.

Rodney Busk was concerned with the 16-feet eve height because it is very minimal for a 14-foot high door.  8:39:58 PM  He thought the eve height should be 18 feet. Councilmember Barnett wondered what kind of a vehicle you would drive and park in a residential neighborhood that is taller than 14 feet.  Mr. Busk suggested that some people might have a motor home they want to park in the building.

Councilmember Turner asked what the variance process would be if someone wanted to go above the 16–foot eve height.  Mr. Hinrichs stated that the Board of Adjustment works within some very narrow guidelines when it comes to granting variances and there has to be a compelling reason to grant one.  Mayor Ramsay added that variances are pretty tough to grant.

John Hales wanted to know what the purpose would be of having a weed patch between the property line and the wall of the building.  Councilmember Chidester noted that it would prevent a 20-foot high wall from being built next to the property line.  Mr. Hinrichs said that the idea is to get a little farther away visually from a neighbor’s property.

The Planning Commission also thought it would be a good idea to eliminate the wording in the ordinance tying the accessory building to the footprint of the home.  That would just leave the restriction that the building could not be greater than 25% of the area of the rear yard.  The Planning Commission also wanted to have metal buildings in residential zones be approved by conditional use. 

8:52:53 PM  Councilmember Burrows felt that the Planning Commission wanted to eliminate metal buildings.  He has had a lot of people talk to him about this.  At the joint meeting with the Planning Commission, the Planning Commission gave the Council language regarding the architectural style, building materials and texture of accessory buildings being compatible and consistent with the architectural style, materials and texture of the primary building.  Councilmember Burrows believes that the Planning Commission wants to control the exterior material and color of an accessory building. 

9:20:31 PM  Councilmember Burrows thought that the language should state that the exterior should be in harmony with the existing buildings.  He also thought that Mr. Hinrichs would be very capable of regulating that. 

Councilmember Barnett stated that the Planning Commission is trying to plan for the exception.  Mr. Hinrichs stated that he would like the Council not to put any restrictions on the exterior of the building.  Councilmember Burrows thinks that a garage and an accessory building should be left separate.  9:45:11 PM  The Council determined to leave the ordinance they way it currently reads with the exception of setting a height limitation of a maximum height of 18 feet for a side wall and a maximum height of 24 feet at the highest point. 

11. STORAGE CONTAINERS DISCUSSED.  The Council discussed the Planning Commission’s recommendation concerning storage containers.  9:45:44 PM  The Planning Commission recommends that the storage containers not be allowed in any zoning district.  Councilmember Turner suggested fencing containers if they are allowed in commercial zones.  He thinks there is a need in commercial areas for containers, and he thinks they are appropriate in commercial areas.  Councilmember Turner does not think the containers are any different than the dumpsters that are in fenced areas.  Councilmember Turner and Councilmember Chidester were assigned by Mayor Ramsay to come up with a proposal for an ordinance to allow containers in commercial areas and present it at the first Council meeting in March.

12. RELOCATION OF CANAL FOR AIRPORT PROJECT DISCUSSED.  9:50:46 PM  Mr. Langston told the Council that one of the first things that needs to be done with the Airport expansion project is to redirect the way the Richfield Canal runs so it does not run through the runway or the safety area.  The Canal Company Board of Directors is concerned about redirecting the canal and making sure that it will flow and that it would not accumulate silt.  The fall on the canal in this area is only about a-half-a-percent.  They want the canal to stay as much as possible on its current path, which means it will have to go underground.  This will increase the cost of the project anywhere from 2 million dollars to 4 million dollars.

Creamer and Noble Engineering are looking to see if we can force them to relocate the canal on an above ground basis if we can prove that it will work.  Our attorney indicated that we probably could force them, but it would cost several years on this project.  Jones & DeMille are in the process of designing some kind of structure that would be used to cover the canal in its existing location.

Maintenance is another issue.  Councilmember Chidester noted that the City agreed to do the maintenance if the canal were relocated, but if the Canal Company is going to force us to go to all the extra expense of piping it underground, then, as far as he is concerned, the maintenance is their problem, not ours.  Mr. Langston asked the Council if we were to include some kind of winch system for cleaning as part of the design, would the City consider paying for this system.  Then, at that point, the Canal Company would be responsible to take care of that process.

Councilmember Turner asked about future development of the Airport.  In 15 or 20 years from now will the expansion be an ongoing project and if so, is the canal going to have to be relocated again.  Mayor Ramsay does not think the Airport can get any bigger than what is proposed.  He does not think we will utilize the size of the proposed airport for quite some time.  

13. OTHER BUSINESS.  10:02:11 PM  Councilmember Barnett noted that yesterday was the 100 year anniversary of the founding of the Boy Scouts of America.  He thinks the Council should do some kind of a resolution about honoring the Boy Scouts of America.

10:02:54 PM  Councilmember Barnett asked if Mr. Langston had the December and January revenue figures to compare with last year.  Mr. Langston indicated that those figures were down 16% from last year during the same time.  Mayor Ramsay stated that the information from the League of Cities and Towns shows that recession has bottomed out and they do not anticipate an upswing any time soon. 

10:03:32 PM  Councilmember Barnett reported that one way the Independence Day Committee is trying to save money by canceling the concert for the 3^rd of July.  They are going to try and do something with local talent.  They are also not going to offer participation fees to the Miss Richfield pageant. 

10:07:04 PM  Councilmember Barnett thinks the Council may also want to look at closing the pool.  He is not necessarily in favor of this, but we may want to look at this.  Councilmember Turner asked what just the cost to maintain the pool would be.  Mr. Langston stated that the pool could not be drained or it could ruin the plaster.  Water may need to stay in the pool and be maintained at a certain temperature. 

10:09:09 PM  Councilmember Chidester reported that the Veterans Memorial Committee met today and they are starting in again on fund raising.  Mayor Ramsay would like to get it done by September, but if that is not possible, it could wait for another year. 

10:09:31 PM  Councilmember Burrows reported that he was contacted by the State Division of Wild Land Resources.  The City received another $16,400 grant for the fire department.  The Fire Department purchased a wild land fire 2,500 gallon tanker truck for $18,000.  The funds came out of the capital improvement fund and the County will pay half.  The truck does require a little work. 

10:11:38 PM  Councilmember Burrows thinks the Council needs to discuss flag lots and the issues they create.  Mayor Ramsay indicated that we would do this in one of the Council’s March meetings.

10:11:57 PM  Councilmember Burrows and Mr. Langston will be meeting with Rocky Mountain Power regarding the new transmission line they are proposing.  Councilmember Burrows indicated that the Fireman were concerned about the fireworks platform being destroyed.  Councilmember Burrows thinks Rocky Mountain Power also needs to be aware of the City’s spring in that area, especially if they plan to do any blasting. 

10:12:37 PM  Councilmember Burrows also addressed the street lights owned by the City.  He has been doing some research on this and he believes there would be a substantial savings if the matter were revisited.  Right now it is up to the developer to pay for the installation and then the City maintains them.  The City recently paid a substantial bill for maintenance of the lights.  If we use Rocky Mountain Power’s lights, the cost includes a maintenance fee of $10 per month per light.  Mr. Langston will look into this and Mayor Ramsay suggested that he involve Cecilia Bytheway, since she developed our lighting plan. 

10:19:45 PM  Mr. Langston addressed a memo the Council received from Paul Foster.  There is a boiler at the pool that needs to be replaced at a cost of approximately $15,000.  It does not have to be replaced right now, but there is no guaranty how long it will last. 

10:23:39 PM  Mr. Foster also had a memo for the Council regarding the Centennial Park and the improvements that have been completed to date.  The memo does indicate that the playground equipment has been raised and leveled. 

10:24:25 PM  Mayor Ramsay informed the Council that Kimball Poulson has been working with a company that came to the City through the sure site and they are looking for 15 acres and they employ 100 people.  We were one of many locations being considered.  Mayor Ramsay hopes that Mr. Poulson will be able to report on this at the next meeting.

14. MEETING ADJOURNED.  10:25:53 PM  At 10:25 p.m., Councilmember Turner moved to adjourn.  Councilmember Barnett moved to second.  The motion carried on the following vote:  Councilmember Barnett, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

PASSED and APPROVED this 23 day of February, 2010.