Minutes of The Price City Council Meeting

City Hall: Price, Utah

September 28, 2005, 5:30 p.m.

Present:

Mayor Joe L. Piccolo Joanne Lessar, City Recorder

Councilmembers: Pat Larsen, Finance Director

Betty P. Wheeler Nick Sampinos, City Attorney

Stephen L. Denison Gary Sonntag, Public Works Director/City Engineer

Richard Tatton Nick Tatton, Community Director

John Daniels, Human Resource Director

Bret Cammans, Customer Service Director

Aleck Shilaos, Chief of Police

Excused: Councilmember Jeanne McEvoy

Councilmember Mae Aguayo

Others Present:

Ann Evans Kathy Hanna Smith Paula Seely-Hatch Cory Callahan

Judy Saccomanno Karon Basso Sherrie Vlamakis Maren King

Lisa Barnum Gary Harrison Gergory Lowder

Mayor Piccolo led the Pledge of Allegiance. Roll was called with the above members present.

1. COLLEGE OF EASTERN UTAH - Public Relations

Maren King informed the Council that she is the Public Relations Chairman of the Associated Students of the College of Eastern Utah and will be attending Council Meetings. She invited the candidates for the 2005 Municipal Election to visit the college. She plans to conduct a Ameet the candidates@ forum and would like to get the students involved in the political process. If the Council has any needs or issues, she will be glad to help.

2. COUNCILMEMBERS REPORT - Update

The Mayor and Councilmembers presented an update on the activities they administer.

3. VISIONARY SERVICE LEADER AWARD - Sherrie Vlamakis

Mayor Piccolo presented the Visionary Service Leader Award for September, 2005, to Sherrie Vlamakis for her ongoing service and support of many community events.

4. JUDY SACCOMANNO, CORY CALLAHAN - Request To Remove Tree Referred To Shade Tree Commission

Dr. Judy Saccomanno, Southeastern Utah Eye Clinic, presented a picture of a tree that is growing in front of her business at 54 East 100 North and asked the Council to consider removing or relocating the tree. She recently purchased a new sign for her business and the tree completely blocks the name of her partner, Cory Callahan. They are willing to replant a tree that does not grow so high or plant two trees. She has bought the house next to her property and plans to demolish the house and construct a parking lot for her patients. They will also plant trees in this area. Dr. Saccomanno discussed the issue of an uneven sidewalk and the safety of her elderly patients that walk on the sidewalk to reach her office. MOTION. Councilmember Denison moved that this matter be referred to the Shade Tree Commission for a final disposition and a favorable recommendation from the Council and that it be reported back to the Council. Motion seconded by Councilmember Wheeler and carried.

5. PAULA SEELY-HATCH - Reimbursement For Damages Approved (Sewer Back Up)

Paula Seely-Hatch requested that the Council reconsider the decision of an insurance adjuster pertaining to a sewer back up on her rental property located at 469 North 200 East, which was vacant at the time. The City=s insurance adjuster denied her claim. Mrs. Hatch indicated that she has owned the home for 15 years and has never had a problem. In a report filed by the Sewer Department Supervisor, it was found that the main sewer line was plugged and after city workers rodded the sewer main, the blockage was cleared. It was not determined what caused the blockage. The amount of the damages submitted by Mrs. Hatch totals $704.25, which includes personal time to remove water from the basement and charges from Castle Valley Restoration to

September 28, 2005

dry, dehumidify, pressure wash and sanitize the cement walls and floor. MOTION. After complete review of the claim and the Sewer Department Supervisor=s report, Councilmember Denison moved that reimbursement for damages in the above amount be approved. Motion seconded by Councilmember Wheeler and carried.

6. ROBBERS ROOST PUBLICATIONS, BODY GLO MEDICAL PA, LA CASITA=S - Conditional Use Permits Approved

Mayor Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits per the stated stipulations.

Robbers Roost Publications - 59 East 100 North, Business and Sign - Subject to planting two trees.

Body Glo Medical Spa - 69 West Main, Business

Las Casita=s - 88 and 86 East 100 South, Business and Sign - Subject to occupancy inspection.

MOTION. Councilmember Denison moved that the requests be approved and that Conditional Use Permits be issued per the above stipulations. Motion seconded by Councilmember Tatton and carried.

CONSENT ITEMS. MOTION. Councilmember Tatton moved that Items #7 through #24 be approved. Motion seconded by Councilmember Denison and carried.

7. MINUTES - September 13, 2005

8. DOWNTOWN ALIVE HALLOWEEN EVENT - Street Closure Approved - Main Street Between Carbon Avenue and 100 West, October 29, 2005, 9:00 A.M. To 5:00 P.M.,

9. UTILITIES DEPARTMENT - Permission To Place Calendar of Events For Library and Swimming Pool In Utility Bills

10. CONOCO PHILLIPS (DOLAR ENERGY, LLC) - Oil and Gas Mineral Lease (Section 2, Township 15 South, Range 10 East

11. PLACEMENT OF PLAYGROUND EQUIPMENT - Terrace Hills Park, and Authorization of Payment Of $250 To Secure Leathers and Associates As Design Consultants

12. TAMARA GRAY, GARY SONNTAG, SUDA MERRIMAN, KENT JONES, FRANK LUJAN - Travel Approved

Tamara Gray - Aquatic Facility Operators Course I Renewal, October 21, 22, 2005, West Valley City, Utah

Gary Sonntag - Utah Floodplain and Stormwater Management Association Conference, November 3, 4, 2005, St. George, Utah

Suda Merriman, Kent Jones, Frank Lujan - State of Utah Juvenile Probation Training Program, October 10, 11, 2005, Salt Lake City, Utah

13. RESOLUTON #2005-18- Establishing and Adopting The Policy And Procedure Of The Price City Police Department On The Right Of Access/Dissemination Of Utah Criminal Justice Information System

14. JOSEPH TRYON - 535 East 400 South - Delayed Development Agreement For Street Improvements Approved

15. LANE POTTER - 525 East 400 South - Delayed Development Agreement For Street Improvements Approved

16. CITIZENS SERVICE BUILDING OFFICE REMODEL - Stilson & Sons Construction, Change Order #1, Increase Of $11,785.82 (Ceiling Replacement, Electrical Wiring Runs, Overhead Window Replacement And Deletion Of Unnecessary Work Items)

17. RESOLUTION #2005-19 - Adoption of Price City=s Water Conservation Plan

September 28, 2005

18. CLASS C ROAD IMPROVEMENTS - Hot Asphalt, Inc. - Final Payment For $20,224.60

19. JUDGES OF ELECTION FOR 2005 - Primary and General

Indian Hills, #16

Valora Anderson, Louise Wilder, LaDonna Hall (Alternate Judge Michele Anderson) East Price, #17

Dorothy Young, Sally Thompson, Janet Warren (Alternate Judge Leora Erickson)

South Price, #18

LaRue Bate, Clyta Richens, Thelda Wimmer (Alternate Judge Cindy Marshall)

Castle Heights North #30

Lynette Potts, Barbara Savage, Betty Ruden (Alternate Judge Henry Savage)

Central Price, #31

Carol Roundy, Nina Hunt, Penny Boyack (Alternate Judge Camille Hererra)

Northeast Price, #32

Ruth Burgess, Pat Marinoni, Lois Lundberg (Alternate Judge Francis Potter)

North Price, #33

Florence Sealey, Kim Hathaway, JoAnn Kissell (Alternte Judge Mary Worten)

Castle Heights #34

Nona Fonnesbeck, Dana Dimick, Debbie Fredrickson

20. ELECTION JUDGE PAY - $85.00/Day Approved

21. RESOLUTION #2005-20 - Job Description Revision For Fire Chief

22. KASEY MILLER (WATER/SEWER DEPARTMENT) - Acceptance of Resignation and Authorization To Advertise And Hire A Full Time Replacement

23. MARY BURROWS (LIBRARY AID) - Acceptance of Resignation and Authorization To Advertise and Hire A Replacement

24. NEW HIRE - Melanie Steele, Main Street Coordinator

25. EMERY TELECOM TERMINAL UPGRADE - Permission To Lease Property

Gary Sonntag reported that Emery Telecom contacted him regarding acquisition of City property (20' X 20') located in lower Miller Creek at 6532 South 500 East for the purpose of upgrading and relocating their telecommunication facility. Gary Harrison, Emery Telcom Operations, reported that in the past few months, $2.1 million has been spent in Carbon County upgrading telecommunications. One of their future projects is to remove fibre from Ridge Road and relocate it to upper and lower Miller Creek. They have plans to place approximately $175,000 - $200,000 worth of equipment in this area and would like to place it on property owned by Price City. Mr. Harrison informed the Council of the other projects that are currently taking place. Gary Sonntag stated that he does not see an issue as far as the location. Mr. Harrison stated that the City would benefit from this equipment should they ever decided to develop the property. MOTION. Councilmember Tatton moved that permission be given for a long term lease, that staff be directed to prepare the proper documents with the assistance of the Nick Sampinos and Gary Sonntag, and that the lease fee be determined by Nick Sampinos, Gary Sonntag and Nick Tatton. Motion seconded by Councilmember Wheeler and carried.

26. AIRPORT ROAD PAVEMENT IMPROVEMENTS - Bidding Procedures Waived, Contract With Nielson Construction Approved

Gary Sonntag reported that the Airport Road pavement from Main Street to the city limits is deteriorating and becoming an issue. As the construction season is coming to an end and there isn=t enough time to prepare a bid packet to advertise and have the road repaired before cold weather sets in, he requested permission to waive the bidding procedures and enter into a contract with Nielson Construction. Nielson Construction was the contractor on the Class AC@ Road Improvement project, which is similar to the Airport Road project. Airport Road is budgeted under the CIB Road Maintenance and Improvement funding. MOTION. Councilmember Denison

September 28, 2005

moved that bidding procedures be waived and that authorization be given to enter into a contract with Nielson Construction. Motion seconded by Councilmember Wheeler and carried.

27. CARBON SCHOOL DISTRICT - High School Softball Field Use Agreement

Gary Sonntag reported that the Carbon School District has finished the initial construction on the high school softball field located in Terrace Hills Park. The District is desirous of implementing a schedule as well as to make provisions for additional improvements. They would like to enter into a use agreement with the City. An agreement has been drafted and submitted to the district for review. As this item is not ready for action, he recommended that it be tabled. MOTION. Councilmember Tatton moved that the item be tabled. Motion seconded by Councilmember Denison and carried.

28. COMMUNITY PROGRESS - Update

Councilmember Wheeler reported that the Community Progress committee will meet next month to revise and discuss the Main Street tree lights.

29. OVERPAYMENT OF FRANCHISE TAX - Update

Mayor Piccolo reported that he and Pat Larsen met with representatives from Utah Power and Light Company and discussed several different items which included rate increases, franchise taxes, service contract, maintenance, and economic development expansion. UP&L has projected an offer regarding the franchise taxes, whereby UP&L would concede $25,000 back to Price City in an attempt to pay for inkind services for the time and expenses to negotiate the franchise tax issue. He is waiting for a document on this as well as a memorandum of understanding.

MOTION. Councilmember Denison moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Tatton and carried.

Meeting adjourned at 6:38 p.m.

Reconvened at 6:45 p.m.

30. CEU SUN CENTER 5K WALK - Approved

MOTION. Councilmember Tatton moved that the CEU Sun Center 5K Walk scheduled for October 15, 2005 be approved per the outline by the Price City Police Department. Motion seconded by Councilmember Wheeler and carried.

Meeting adjourned at 6:55 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder