1.  OPENING REMARKS

1.  OPENING REMARKS were offered by Mr. Langston.

2.  PLEDGE OF ALLEGIANCE was lead by Councilmember Turner.

3. ROLL CALL was answered by Mayor Brad Ramsay, Councilmembers Kris Allred, Bryan Burrows, Dan Chidester, Mike Turner, City Finance Director Mike Langston and City Recorder Michele Jolley.  Mayor Ramsay excused Councilmember Richard Barnett.  7:03:10 PM 

Others present:  Marie Nielson, Sally Henry, Klar Robinson, Scott Mason, John Syphrett, MaKelle hales, Rodney Hurd, Linda Fields, Becky Weber, Deven Curtis, Bruce Mehew, Davis Jones, Stacia Whitmore, Cory McGee, Winston Gleave/Keisel, Cydnee Lee, Corey Winkel and David Anderson. 

4.   7:03:19 PM  APPOINTMENTS.  Mayor Ramsay asked the Council to consider appointing Councilmember Chidester as Mayor Pro tem.  Councilmember Turner moved to appoint Councilmember Chidester as Mayor Pro tem.  Councilmember Burrows moved to second.  The motion carried on the following vote:  Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.    

5.  MINUTES APPROVED.    The Council reviewed the minutes of the meeting held January 12, 2010 and made the following corrections.  On page 5 at line 42, the word “the” was inserted before the word “City.”  On page 6, at line 4, the word “a” was inserted before the word “deeper.”  At line 42, the word “height” was inserted following the word “maximum.”  On page 7 at line 22, the word “and” was changed to “as.”  On page 11 at line 12, the word “reports” was changed to “reported.”  At lines 12 and 13, the words “be” and “had” were removed.  At line 13, the word “went” was inserted following the word “actually.”   On page 12 at line 41, Councilmember Burrows was excused, so his name was removed from all motions after this point in the minutes.  Councilmember Chidester moved to approve the minutes of the meeting held January 12, 2010 as corrected.  Councilmember Turner moved to second.  The motion carried on the following vote:  Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

6.  TREES IN PARKING LOT DISCUSSED.  7:08:11 PM  Klar Robinson represents the ML Christensen Family and they own the building where the Healthy Essentials and Remember When businesses are located.  Mr. Robinson explained the problem he believes is caused by the trees.  They are the wrong kind of trees and they start shedding their leaves in the middle of June and continue into the winter.  When he had a business at this location, he used to sweep the sidewalks behind the buildings every morning.  When the Council looked at the situation, everyone agreed that something needed to be done.  7:13:42 PM  The City did trim the backside of the trees so the limbs do not rub on the roof.  The rain gutters are full of leaves and trash all the time, so in the winter the water runs down the backs of the buildings.  It has ruined the new awning and some of the bricks on the building.  Mr. Robinson talked with Mr. Farnsworth who told him that correcting the problem would require removing the trees, taking out the sidewalks and planting smaller, slow-growing trees. 

Mayor Ramsay stated that when the Main Street project was done, and because the City knew there was a problem with the trees in the parking lot, Scott Mason was hired to maintain the trees and the landscaping.  Mr. Mason reported that there are nine trees against the buildings that need to be removed.  There is no point in trimming the trees because in a few years the same problem would reoccur.  Mr. Mason has been blowing off the sidewalks every day.  7:23:45 PM  Mr. Mason recommended that the trees be removed, some of the roots pulled out and the holes filled with concrete.  Mr. Langston stated that there are some areas where the sidewalk needs to be replaced. Mr. Mason estimated that it would cost $380 to $400 a tree to have them removed.  There is a waterline running to the trees that will have to be capped.  It cannot be removed because it supplies water to the other parking lot and some of the trees on Main Street.

7:30:23 PM  Mr. Langston gave a brief history about the architecture of the buildings and when the rain gutters were first installed.  A lot of the building owners put on larger rain gutters.  Freezing was an issue in the winter, so the City and the architect told the building owners they needed to install heat tape in the rain gutters.  The City participated in this project with the building owners at the time and there was an assessment based on the linear footage of the buildings.  The City wrote off tens of thousands of dollars.  It is Mr. Langston’s opinion that the rain gutters belong to the building owners and the building drainage is not a public problem at this point.  Mr. Robinson stated that as soon as the trees come down, he is going to repair the wall and the awning and put in new rain gutters that will handle the water.  If they need to put heat tape in it, they will.

Councilmember Chidester asked how long it would take Mr. Mason to remove the nine trees.  Mr. Mason stated that depending on the weather, he could start next week.  Mr. Langston asked Mr. Mason to work with the City crew to reduce costs. 

Councilmember Chidester moved to have Scott Mason remove the nine trees next to the buildings with the assistance of the City crew.  Councilmember Turner moved to second.  The motion carried on the following vote; Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye. 

Mr. Langston recommended that the Council look at a long term plan to remove and replace the rest of the trees and make the sidewalk wider in the parking lot from Center Street to 100 North.  Removing and widening the sidewalk is going to be an expensive upgrade. 

7.  ANNUAL REPORT FOR THE LIBRARY.  7:39:10 PM  Rodney Hurd, who is the Library Board President, Board Member Sally Henry and Librarian Linda Fields were present.  Mrs. Fields discussed the annual report for the Library.  Mrs. Fields indicated that the most noteworthy statistics are that circulation is up 12% and computer use is up 30% over last year.  She attributes the increase to the downturn in the economy. 

7:43:28 PM  Mrs. Fields addressed a report that was compiled by the State Library.  With the remodel, the overcrowding issues are not as apparent.  The Utah State Library is trying to get the Legislature to make funds available for upkeep of libraries throughout the state.  Our Library needs to have the cedar shake shingles replaced.  We are third on the list of priorities for the grant funds.

Mr. Hurd talked about the long range goals for the Library.  One of the most important goals is connecting with an online world.  Mrs. Fields has gotten several grants for computers in the Library.  The Library’s budget for computer technology is $1,500, $600 of which is to maintain protection of the system.  Mr. Hurd indicated that this amount should be increased and asked the Council to consider increasing this budget when possible.  Mrs. Fields has a priority list, so when money is available the high priority items will be taken care of first. 

8.  MISS RICHFIELD’S PROJECT - MS WALK DISCUSSED.  7:55:53 PM  Marie Nielson, representing her daughter McCall Nielson, the reigning Miss Richfield, addressed the Council.  Miss Richfield’s one goal was to set up a walk to raise money for MS.  One of the requirements to have a walk is to have a cash donation of $2,500 up front.  Since Mrs. Nielson does not think this is realistic, she asked the Council to consider having a MS awareness day instead.  Sally Henry wondered about piggy backing the MS walk with a Healthy Community event or the Gary’s Shoes Fun Run. 

Mr. Langston suggested having Paul Foster look at organizing an event through the recreation department so that the City’s liability insurance would cover the event.  Mrs. Nielson also mentioned that she has been visiting with David Osmond who has MS.  He would like to come and do a benefit concert. She would like to coordinate a concert with the MS walk.  Mayor Ramsay encouraged Mrs. Nielson to meet with Mr. Foster in the Recreation Department to organize the event.  Councilmember Burrows moved to help support a MS walk through the Recreation department.  Councilmember Chidester moved to second.  The motion carried on the following vote:  Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

9.  CONSENT FOR FUTURE IMPROVEMENT DISTRICT IN LIEU OF IMPROVMENTS GRANTED.  8:13:51 PM  Corey Winkel addressed the Council about abating the curb, gutter and asphalt for a lot in the Henderson Subdivision located at 450 North 300 East.  He explained that they do want to put sidewalk in front of the home, but not the curb and gutter because this lot is in the middle of the block and there is no curb or gutter anywhere around.  He stated that this is a waste of his time and money because on his last project, he was not able to have the elevations shot.  He stated that unless the City is willing to have the engineering done, it will have to be taken out when the rest of the street gets curb and gutter.  Councilmember Burrows moved to waive the asphalt, curb and gutter on the Henderson subdivision with a consent to future improvement district filed on the property and allowing the sidewalk to be installed before a certificate of occupancy is granted.  Councilmember Turner moved to second.  The motion carried on the following vote:  Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

10. MUNICIPAL ENERGY TAX REVENUE OPTIONS DISCUSSED.  8:38:31 PM  Mayor Ramsay informed the Council that he and Mr. Langston have been looking at ways to help with the shortfall in the budget.  He explained that we will be able to get by this year, even though we may have to draw from the rainy-day fund.  His concern is next fiscal year.  One option is to increase the Municipal Energy Tax.

Mr. Langston stated that should the Council decide to increase the Energy tax, a public hearing should be held on this issue.  It would also require amending the City’s ordinance and notifying the State Tax Commission, who would in turn notify the utility companies.  Mayor Ramsay thought the City would also consider an increase to the Telecommunications tax from 3% to 3.5%.    

Mr. Langston thought that increasing the energy tax from 3% to 6% would generate approximately $200,000 a year.  Beyond July 1, 2010, Mayor Ramsay does not know how we will balance the budget without cutting services, which would involve cutting personnel.  This increase may help us prevent that at least for another year.

Mr. Langston noted that from 2 years ago, the City has lost over $475,000 in sales tax revenue. He indicated that if this is something the City is going to do it would have to adopt an ordinance by the first meeting in March.  That is because by law, the State Tax Commission has 90 days to notify the utility companies and make the changes.  We would not actually receive any funds until October.   Mayor Ramsay stated that it may seem like a lot because it is double, but it puts us in line with what other cities are charging.  He also suggested that the City could make an effort to help those on fixed incomes by increasing the utility discount to low income and senior residents.  Right now it is tied to the County’s circuit breaker program.  If you qualify for the circuit breaker program then you qualify for the City’s sewer reduction.  Mr. Langston said there are approximately 150 people who sign up for this discount. 

Other cities are also charging a 3.5% telecommunications tax, but Richfield is only charging 3.0%.  Councilmember Turner asked if this was for land-line phones and cell phones.  Mr. Langston thought it was on both, but he would check on this.  The Council determined to hold a public hearing on this matter at its next meeting. 

11. APPLICATION FOR AN ENERGY GRANT APPROVED.  9:05:02 PM  This is a grant for $124,900.  The grant would pay for the installation of solar panels and replace some of the ballasts in the building so new light bulbs that are more energy efficient bulbs could be used.  The cost savings are estimated to be 28%.  Mr. Langston stated that during this process when the roof was measured and if we get the grant, the 20-year-old shingles would need to be replaced.  Councilmember Chidester moved to approve the application for an energy grant.  Councilmember Turner moved to second.  The motion carried on the following vote:  Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye. 

12. UPDATE ON INSURANCE CLAIM.  9:10:18 PM  Mr. Langston explained that since the last meeting, the claim was denied based on Utah Immunity laws.   He asked the City Attorney to look into this.  Mr. Chamberlain, through the help of the League of Cities and Towns Attorney David Church, was able to provide some case law refuting this denial because our water and sewer systems are based on user fees and not taxes.  The insurance company has since reversed their decision and will be paying the claims.  They will also reimburse the City for all the clean-up expenses we have covered.  Councilmember Turner asked if the Christensens were allowed to finish installing their carpet.  The carpet has not been installed yet because it is now in the insurance company’s hands.  Mayor Ramsay noted that Christensens’ carpet was older and may be depreciated, so the Council may have to entertain the difference.  Mayor Ramsay also stated that we do not know what is under the snow and we might not know if there are other damages until it melts.  He has talked to Mark Toomer, whose shed had some water in it, and his 4-wheeler and generator are frozen to the ground.  We do not know if these items are damaged at this point.  The insurance company has been made aware of these situations and that there is the potential for further damage.

13.  UPDATE ON FOOD SHARING PROJECT.  9:16:46 PM  Mr. Langston met with Engineer Don Naser today.  According to the costs given to construct the building and the estimate given for donations and fund raisers were not realistic.  Mr. Langston has contacted the CIB and they are more than willing to let us come back, which we were going to do next week, but we still do not have any updated information from the engineer.  To finish the building the way it needs to be will probably cost an additional $80,000 to $90,000.  The Food Sharing Board ordered a building because they thought they were saving money, but it does not have windows or doors.  Mr. Langston has asked Mr. Naser to come up with some figures as to what it would cost to get the project up and running.  He is also going to provide an estimate for what could be done with the bare minimum.

14.  SEWER BACKUP DISCUSSED.  9:28:20 PM  Mr. Langston discussed the recent sewer backup at Frontier Village.  He told the Council that the City’s sewer policy states that the City will pay for the cleanup.  The cost for the cleanup was approximately $4,100.  Our crew found the plug and unplugged the line.  There was a lot of grease in the line.  The Council reviewed pictures of the manhole showing the grease.  Our crew TVed the line back towards the Frontier Village service connection and they found grease build up all the way up this line.  Mayor Ramsay has asked why the plug was in our big line and not in the restaurants smaller line.  Our crew explained that hot water comes into the service line and pushes the grease along until it hits the main line where it cools and slows down, causing the grease to solidify.  Frontier Village wants all new carpet in their basement at a cost of approximately $15,000.  Mr. Langston and the City crew do not believe this is the City’s responsibility because the City was not negligent.  The City crew put degreaser in this line and went back the next day and cleaned the line. 

15. OTHER BUSINESS.  9:38:16 PM  Councilmember Turner attended the Local Emergency Planning Committee meeting.  They are planning a mock earthquake disaster in May.  The Committee would like each City to have their evacuation plans in place by this time. 

9:39:23 PM  Councilmember Burrows is arranging a meeting with the Cemetery Committee.  He wondered about our fees and how we compare with other communities.  This is something he would like to discuss with the Cemetery Committee.

9:41:20 PM  Councilmember Burrows wondered about looking at some of the expenses for the 4^th of July as we get closer to the budget.  Councilmember Chidester asked about savings on fuel and maintenance of vehicles.  Mr. Langston reported that Chief Evans would be meeting with our mechanic about a maintenance schedule.  As for the fuel, there was a difference in costs based somewhat on timing.  Chief Evans and Mr. Barney are not thrilled about having the police department fuel up at the maintenance yard.  Last time we did this, we had problems with recording and/or theft. 

9:42:48 PM  Councilmember Turner would like to have a procedure for the Code Enforcement officer written up.  Mayor Ramsay explained that the Code Enforcement Officer follows the ordinance, but Councilmember Turner wants a written step-by-step procedure for how he follows the ordinance.  

9:44:54 PM  Councilmember Allred will not be at the meeting on February 9^th because he has a scheduling conflict.

9:45:51 PM  Mayor Ramsay felt it is important for the Councilmembers to get the committees off and running.  The Council should hear from the committees and their concerns. 

9:47:40 PM  The search committee for the new administrator has met twice.  They are in the process of advertising for this position.  Mayor Ramsay wants to have the person hired by May 15, so they can start July 1, 2010. 

9:52:13 PM  Councilmember Allred asked about Kimball Poulson and Economic Development and if the Council receives updates on what is going on.  Mayor Ramsay stated that Mr. Poulson does come and report to the Council. 

9:54:01 PM  Sevier County had a consumer survey done.  Tomorrow morning at 8:00 a.m. at the Fair Grounds there will be three different presenters.  One presenter will be discussing sales tax and why people are leaving the area to shop.

9:55:12 PM  Mr. Langston discussed the application to the CIB for the City’s match for the airport project.  The City would probably be on the CIB agenda in March or April.  Councilmember Allred asked how soon it would be before the airport project begins.  Mayor Ramsay indicated that property acquisition needs to be completed.  The canal is the first project that has to be done.  Then the road would be relocated and then the construction of the infrastructure for the airport would begin.  Councilmember Allred thought the canal should be started before the water comes in, which will not happen because the canal company has not committed.  Councilmember Burrows would like to see the projects divided up into smaller projects so that some of the local contractors could have a chance to bid.  Mayor Ramsay indicated that we have tried to do that on City projects.  Councilmember Chidester reminded the Council that unfortunately, the City is not in control of the airport projects, the FAA is. 

16. MEETING ADJOURNED.  9:57:46 PM  At 9:57 p.m., Councilmember Turner moved to adjourn.  Councilmember Chidester moved to second.  The motion carried on the following vote:  Councilmember Allred, aye; Councilmember Burrows, aye; Councilmember Chidester, aye; and Councilmember Turner, aye.

PASSED and APPROVED this 9 day of February, 2010.