Minutes of the Regular Meeting of the Milford City Council held on Tuesday, July 21, 2015 at 7:00 p.m. at the City Offices located at 405 South Main, Milford, Utah.

Mayor Nolan Davis called the Regular Meeting to order at 7:01 p.m.

Present: Mayor Davis, Council Members Aaron Cox, Karrie Davis and Wayne Hardy, City Administrator Makayla Bealer, City Recorder Monica Seifers, Administrative Assistant Lisa Thompson, City Foreman Ben Stewart, Attorney Leo Kanell.

Absent: Council Members Troy Netto and Russell Smith.

Visitors: Carla Fowles, Maxine Cox, John Carter, Madeline Davis, Terry Wiseman, Tyler McMullin, Megan McMullin, Nancy Carter, Bryan Sherwood, John Fowles, Toni Williams.

MEETING CALL TO ORDER

Mayor Davis called the meeting to order at 7:01 p.m. followed by the Pledge of Allegiance

RECOGNITION OF VISITOR’S RELATING TO CITY BUSINESS

Tyler McMullin – Request to Run Private Water Line to Residence at 940 West 1290 South (7:02)

Mr. McMullin shares a private line with Bryan Mayer and he is reliant on Mr. Mayer to get his water. He has discussed with Foreman Stewart proposing coming off the golf course club house and running up his property and putting a meter in on the corner of his house. Mr. McMullin does not have sustainable water pressure at his house. Ben and Makayla explained that all other residents who are out of the city limits, with exception of Bryan Mayer, are connected to a main water line with a private lateral line. Administrator Bealer is not sure that a lateral to Mr. McMullin’s property would provide the pressure he is desiring. Mayor Davis was concerned with running off the golf course line. Council Member Aaron Cox is also concerned that the pressure needs will not be met. Administrator Bealer explained that Milford City does not want to get into the habit of allowing connections on the transmission line. Council Member Karrie Davis summarized that the only options would be for him to hook into the main line, or to drill his own well. Administrator Bealer suggested that she and Foreman Stewart work with Mr. McMullin on obtaining information on extending the main line.

Discussed options including extending the main line and drilling a private well. Current main line ends at the intersection of 1100 South and 700 West. Mayor Davis asked Attorney Kanell about the concern with contamination with tying into the transmission line, is it possible for city to pick up part of cost if the city assisted with extending the main line and asking the connection to disconnect from the transmission line and connect to the main line. Foreman Stewart explained how the transmission line and holding tank works. Attorney Kanell replied that he felt it would be advisable as it was a risky situation.

CONSENT ISSUES (7:24)

Consent issues including bills and payroll, Financial Report June 2015, Minutes of May 27, 2015 Work Session, June 11, 2015 Work Session, June 16, 2015 Public Hearing – CIB Funding – Milford Culinary Water Master Plan, June 16, 2015 Public Hearing – Keeping of Animals Ordinance & Kennel License Conditional Use Permit, June 16, 2015 Public Hearing – Operating Budget for Fiscal Year 2015-2016, and June 16, 2015 Regular Meeting were presented. MOTION: Council Member Karrie Davis moved to approve the consent issues as presented. Motion was seconded by Council Member Wayne Hardy. All in favor, motion carried.

NEW BUSINESS

Approval of John Deere Backhoe Lease (7:25)

Administrator Bealer explained that following Council approval through e-mail, she has submitted all the backhoe lease documents. The backhoe has been ordered but not delivered, should be delivered in approximately a month.

MOTION: Council Member Karrie Davis moved to authorize the Mayor to sign the lease agreement. Motion was seconded by Council Member Aaron Cox. All in favor, motion carried.

Discussion and Authorization of EC Source Agreement (7:26)

Administrator Bealer has been contacted by EC Source with amendments to the agreement which were handed out at the meeting. They want to stick with the original lease. We have received the first months lease payment. Attorney Kanell has reviewed the second amendment to the lease and said he would suggest waiting to sign the lease until EC Source has signed. Hangar is ours, EC is not interested in leasing it. The locks have been changed and the city has taken ownership. Bart Fisher asked who was responsible for cleaning the property where they were occupied. Mayor Davis explained that was EC Source’s responsibility. Any oil or fuel spills will need to be cleaned up by EC.

Discussion of Airport Hangar Prices (7:30)

Administrator Bealer - Michael Mayer presented a letter to the Council and staff members expressing an interest to lease the new hangar for $400 per month. Administrator Bealer has contacted several other airports and it has been suggested that Milford’s airport hangar lease fees are more than reasonable. Council needs to decide if they want to rent the property or wait and explore all options first. Administrator Bealer suggested that if it is leased out, the lessee should maintain responsibility for all utilities. Mayor Davis would like to have some stipulations set for the use. Council would like to review the options. It was suggested to contact flight school in Cedar City to see if they would be interested in storing their aircraft in Milford. Attorney Kanell suggested that the city could do a four month lease while the Council discusses the options for long term use.

MOTION: Council Member Wayne Hardy moved table this issue until next meeting allowing Administrator Bealer to contact the helicopter school. Motion was seconded by Council Member Aaron Cox. All in favor, motion carried.

Approval of Affordable Housing Plan (7:40)

Administrator Bealer reported that the Affordable Housing Plan was last adopted in 2011. It has been updated, with the assistance of Five County Association of Governments, and needs to be adopted. .

MOTION: Council Member Karrie Davis moved to adopt the Affordable Housing Plan. Motion was seconded by Council Member Wayne Hardy. All in favor, motion carried.

Discussion and Action on Library Patio (7:41)

Administrator Bealer reported that the building official has red tagged the patio at the library. The railing is not to code, and is currently a liability to Milford City. Council Member Karrie Davis asked if it was red tagged for the railing or if it was for not having a building permit. Administrator Bealer explained that a building permit would not have been issued, however, plans needed to be submitted so the city could schedule inspections through the building official. Administrator Bealer spoke with the building official, as well as the patron who did the work on the patio. While the concrete installation may have been done to code, the height of the railing would have to be 36 inches high and the slats would have to be no greater than 4 inches wide, in order to be up to code. She asked if the existing concrete slab could be extended to make it bigger stating that there has been a lot of concern from citizen’s with how the current project looks. Kyle (Blackner) said that it could be done. The contractor would just have to obtain a building permit, verify that rebar was used, dial into the current slab, and install a railing that met code. A few other options were suggested by the building official. A) tear out the entire slab and stairs and redo it as a storefront with landscaping. B) leave the existing slab, remove the three existing stairs and put up a new rail that would meet code on the patio. C) replace and install newstairs.She suggested making a decision and moving forward.

Council Member Wayne Hardy suggested tearing the cement out and putting the stairs back in and if John (Fowles) needs tolock the east door and tell people to go around; put the library face back to the way it was. Council Member Aaron Cox asked for bid information for redoing the stairs.

Administrator Bealer presented the figures she obtained from Tushar during budget preparation for doing the stairs and a composite deck. To remove and replace the stairs was $6515.00; to remove the storefront door and install a storefront window was $3190.00. The Library Board wanted a deck. When she talked withNate, he advised that concrete was going to be very expensive. He bid it out as a 20’ x 16’ composite deck and it came in at $8670.00. She read minutes from the special work session held May 5, 22015: “Bids for library stair renovations - Administrator Bealer had Tushar Contracting bid three options. She recommended option 2. Council Member Davis reported that the Library Board wanted to put in a patio off the front entrance. Administrator Bealer recommended going with Option 2 and then if the Library Board wanted a deck perhaps they could raise the funds. When she talked to Nate about a concrete or wood deck, the wood deck would be cheaper. Council Member Cox was concerned with maintenance of a wood deck. Council Member Davis was concerned with a deck ending up costing more than the quote, meeting code requirements of a commercial establishment. Council Member Netto asked if there was any one concerned with maintaining the appearance from the front. Council Member Davis replied that they weren’t necessarily concerned with that, they were more concerned with adding a place for people to sit and read. A deck is nice but not necessary. Council Member Davis liked Administrator Bealer’s recommendation that the budget be set at an amount for the project and if the Library Board needed more funding for additional improvements, they raise the money for it. Council Members Cox and Netto supported that. $5,000 to be included in the budget.City Administrator Bealer reported that the Tentative FY2015-2016 Budget would be adopted on May 19th and then a budget work session will be scheduled. “

Mayor Davis asked John Carter and John Fowles what they wanted. John Carter stated that he wanted to get it done properly but could not contact Kyle (Blackner) to find out what they did wrong or how to correct it. Administrator Bealer recommended that the Library Board decide what they want to do and let the administrative staff submit the plans to the building official. John Fowles stated that they weren’t even close to being done and doesn’t know what all the worry was about, he did have the table out there, but only because he didn’t have space for it. He wasn’t planning on using the patio yet, he knew there was some issues. He has been working on getting the stairs removed. He has a jackhammer coming to tear it out. He also wanted to have someone come stucco the front of the slab so it looked like the front of the building. He would like to keep it as it is and get the railing workable, he has been told by many people that it is.

Council Member Hardy stated that there were plenty of people that have told him they don’t like the looks of it, the big chunk of cement. They want to see stairs put back. Mr. Fowles asked him to look at the pictures of how bad the stairs were. Mayor Davis stated that the Council was aware of it and it was discussed during budgeting.

Bryan Sherwood stated that building is 75 years old and people have a lot of memories and he feels the concrete slab is hideous looking. He did not know if the Library Board had the authority to do that. He felt it needed to go to the elected officials presenting what they want to do before they just go ahead and do it. He felt it was ridiculous and needed to come down. John Fowles stated it was not the same front that was there 50 years ago.

Mayor Davis did not want to get into a heated discussion asking for a recommendation from the Library Board to the Council as to what they want to see happen. He would like to review whatever they propose with the Council and the building official and then look at it to see if it will work for all involved. He stated in hind sight this maybe was not thought through long enough, but we need to address the issue and find out what the public wants, it is their library. John Fowles commented that the stairs were condemned in February and he has had a lot of concern from patrons. Mayor Davis cited that there was not money budgeted, Council Member Davis and Administrator Bealer worked on it through the budget. Carla Fowles suggested that the newsletter include something asking the towns people what they want. Toni Williams opinion was that they didn’t really put it out there that that’s exactly what they wanted, they just wanted to try to do something with the problem, it wasn’t to upset anybody. Council Member Karrie Davisfelt there was a communication problembecause they discussed it but they hadn’t met again to finalize anything, there wasn’t a plan. She felt that John (Fowles) had an opportunity and he took it. Madeline Davis agreed, they had not met to make a final decision. Council Member Davis said that they need to meet in the future before doing something like this. Keep in mind that it is the city’s building, and all work should be approved before moving forward. Administrator Bealer explained that the east entrance was not approved for use and was closed down during the remodel only to be reopened soon thereafter. Mayor Davis explained that the main entrance was moved to the north door due to the steps as well as according to John (Fowles), the traffic in the library needed to flow through the north door.

John Carter cited that he didn’t remember being told they had the money to put the stairs back in. Council Member Davis explained that the board was told they would have $5000.00 to do what they wanted. The Library Board said that they wanted to do a deck. John Carter replied that they would have rather done the stairs but that was not an option in their book. He would love to see the stairs back in there, he never wanted to take them out, but they were a danger. Administrator Bealer felt that it needed to be corrected now, they could amend the budget. She doesn’t want to wait a year to get it corrected. Council Member Cox asked how much the bid from Tushar for replacing the stairs was again. Administrator Bealer - $6515.00, and we allotted $5,000.00. She explained that $2050.00 had been expended. Council Member Smith, who is over buildings, and Mayor Davis felt that the city should make payment as he had done the work. All bids received from Tushar would be completed to be code compliant. John Fowles stated that there was still a problem with patrons using the east door. There was some discussion of using the door as an emergency exit only and installing an alarmed panic bar.

The newsletter will include the options available, with schematics for each, so the towns people can visualize it and give their opinion. Administrator Bealer will contact Tushar about drawings. Survey will go out in the newsletter and this agenda item will be placed on the Council agenda.

MOTION: Council Member Karrie Davis moved to table this item. Motion was seconded by Council Member Wayne Hardy. All in favor, motion carried.

OLD BUSINESS

None.

ORDINANCE AND RESOLUTIONS

None.

COMMENTS (8:06)

STAFF REPORTS AND COMMENTS

Leo Kanell, City Attorney

No reports or comments.

Makayla Bealer, City Administrator

Received bid for soil sampling at cemetery for $1,000. Going to have to dig two holes in the park 6 to 8 feet deep. Council Member Russell Smith wants to move forward.

An offer on Lewis Addition property was accepted, just waiting for the appraisal.

We had a Phillips 66 fuel inspection at the airport the end of June. There is a list of items that we are out of compliance on. The list was sent to Armstrong who have reviewed the list and recommended contacting the state to get assistance. A lot of the issues we have are due to the fuel system being so old.

Commended Lisa Thompson for her work on Beautification, there has been some property cleaned up on Main Street.

The County is out of the building at 26 South 100 West. The building will be secured now that it is vacant.

Back taxes on Dockstader property have been relinquished.

Grant closure letter has been received. While Armstrong is here to approve the rehabilitation on the apron they will be looking at the fuel system.