Minutes of The Price City Council Meeting

City Hall: Price, Utah

November 10, 2004, 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

Jeanne McEvoy John Daniels, Human Resource Director

Aleck Shilaos, Chief of Police

Others Present:

David Wheeler Johnny Espinosa Jim Hartley Joyce Daniels

David Dickey Mark Dickey Brandon Gibson Luke Olsen

Jordan Simpson Josh DeMil Kaeden Kulow Danny Mower

Jon Watters Craig Hamaker Dalton Wooden Jordan Bigelow

Kaleb Kulow Todd Richardson Kent Hartley Justin Jones

Kevin Bunnell Joe Stent T.C. Child Gary Scow

Joe Gileadi Douglas Bird Pete Kilbourne Kamron Atwood

Boy Scout members from Troops 281, 286, and 907 led the Pledge of Allegiance. Mayor Piccolo called the roll with the above members present.

1. COUNCILMEMBERS REPORT - Update

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

2. CARBON HIGH SCHOOL VOLLEYBALL TEAM - Presentation of Plaque

Mayor Piccolo presented the Carbon High School Girls Volleyball Team with a plaque honoring them for winning the State Volleyball Championship and congratulated them for their accomplishment. The team consists of Erica Potta, Whitney Oliver, Monica Shorts, Morgan Warburton, Maquette Potts, Mikenzie Bentley, Brook Herrick, Erin Barker, Danielle Martino, Halee Rasmussen, Allie Stewart, and Brianne Knight. Coaches are Bruce Bean, Cami Carlson and Merilee Herrick. Coach Bruce Bean thanked the community for their support.

3. JOYCE DANIELS - Permission To Insert Neighbor To Neighbor Program in Utility Bills; February,

2005, Declared As Neighbor To Neighbor Emergency Preparedness Month

Joyce Daniels, Emergency Preparedness Committee, requested permission to insert the Neighbor to Neighbor Emergency Preparedness Information pamphlet in utility billings. The pamphlet provides information and instructions for a basic emergency plan to be coordinated between neighbors. There are 4,500 people in Carbon County with special needs, such as mobility, oxygen, hearing and sight impaired. In emergency situations, neighbors can be prepared to take care of themselves and know each neighbors= special needs. Mrs. Daniels also requested that the month of February, 2005, be declared Neighbor To Neighbor Emergency Preparedness Month.. MOTION. Councilmember Denison moved that the requests be approved. Motion seconded by Councilmember Wheeler and carried.

4. ORDINANCE - Land Use Management and Development Code Update - Tabled

Nick Tatton reported that there are a few items in the Land Use Management and Development Code that need to be reviewed and recommended that this item be tabled. MOTION. Councilmember Denison moved that the item be tabled. Motion seconded by Councilmember Tatton and carried.

5. CARBON FUTURE ECONOMIC DEVELOPMENT - Update

DeLynn Fielding, Carbon Future Economic Development Director, presented an update on economic development. He attended a recent meeting with the Southeastern Utah Small Business Investment Board and a group of representatives from a Vermont company. They were looking at ways to duplicate this association in their state. The Board discussed ways to bring agencies and community leaders together statewide and to get this association going again in this area. They plan to meet with the Lt. Governor to discuss this and to find funding. Mr. Fielding

November 10, 2004

reported that the Carbon County Small Business Alliance Group has been working with him and Ryan Thomas from the College of Eastern Utah, to form a Southeastern Utah Energy Productions Association. This association consists of a six county area, Carbon, Emery, Grand, San Juan, Sevier and Sanpete Counties. Their mission is to engage in activities that will promote economic development, create jobs, enhance education, and promote energy development while maintaining a sound environment. A lot of effort is going into this and it is coming together nicely. Workforce Services is targeting an employment training effort and the college is looking at grants. Another entity that would play an important part is the Governors Partnership.

Mr. Fielding reported that a Acall center@ located in Orem wants to expand and they have been looking at this area. He is hopeful that something can be brought together. He also reported that a petition is being put together regarding the Newhouse Hotel to ask the Council to do something about the pigeon problem. Other items in the planning stages is finding a site to build a large facility to house several state agencies that work together, plus hiring a full time convention events person. The Council thanked Mr. Fielding for his update.

6. ANADARKO PETROLEUM - Refund of Municipal Energy Sales Tax

Jim Hartley, Anadarko Petroleum, reported that PacifiCorp built two power substations for their petroleum operation. PacifiCorp assumed that one of the power substations was located within the city limits of Price City and as of February, 2002, collected a Municipal Energy Sales Tax in the amount of 6%. Earlier this year an audit determined that the substation is not located within the City limits and that they should have never paid the sales tax. As a result, Anadarko has overpaid PacifiCorp by $202,470.44. Mr. Hartley asked that the City refund this amount to them. He referred to two letters that were issued asking reimbursement for the overpayment. One of the letters is from PacifiCorp and the other is from Anadarko. Mayor Piccolo stated that it appears a mistake has been made. However, the City does not have a contract with Anadarko. The City is in the process of investigating to determine what happened. We need to look at each individual meter. PacifiCorp is in the process of sending the city approximately 1,800 pages of paperwork to substantiate this overpayment, but to date, it has not been received. Once this investigation has been completed, the City will pay back PacifiCorp. He feels Anadarko should be reimbursed by PacifiCorp, as they overcharged them, not the City. The committee reviewing this consists of himself, Nick Sampinos, Nick Tatton and Pat Larsen.

7. KUSA RADIO STATION - Request To Support Drug Abuse Campaign - Struck

8. SOUTH PRICE SKATE PARK - Concept Approval

Mayor Piccolo reported that he and Nick Tatton met with the Carbon County School District regarding the construction of a skate park in south Price on or near the Creekview Elementary School. This would be the same type of skate park that currently exists in north Price. The school district approved the concept and indicated they would partner with the City on this project. Estimated cost is between $185,000-$286,000. In order to make this park as successful as the north Price park, Mayor Piccolo stated that he will work with the school district, the principal of Creekview Elementary and Gary Sonntag and that he will seek grant funds from the recreational opportunities in this area. The Council agreed with the concept.

9 NORTH PRICE SKATE PARK - Authorization To Include Bicycles

Mayor Piccolo stated that a request was made at the last meeting to expand the North Price Skate Park to allow bicycles. Gary Sonntag spoke about making the park larger and if this is done, it will need to be to the north and east of the current structure. Plans are currently underway to build a softball field a little bit further to the east. The parcel of property to expand the skate park would be in between. At this time it is undecided if there is a need to construct another parking lot and additional restroom facilities. Depending on the funding, Mayor Piccolo recommended that before the North Price Park is expanded, that the City concentrate on getting the South Price Park underway. Bicycle riders David Wheeler, Johnny Espinoza, Kent Hartley spoke in favor of allowing bicycles to use the park full time. MOTION. Councilmember Tatton moved that authorization be given to allow bicycles full use of the North Price Skate Park. Motion seconded by Councilmember Wheeler and carried

November 10, 2004

10. RESIGNATION OF COUNCILMEMBER JOE CHRISTMAN - Acceptance Of Resignation and Permission To Advertise For Replacement

Mayor Piccolo reported that Councilmember Joe Christman has resigned effective October 31, 2004. MOTION. Councilmember Tatton moved that the resignation be accepted. Motion seconded by Councilmember Denison and carried.

Mayor Piccolo reported that according to State Code, the Council has 30 days to replace Mr. Christman. The procedure to be followed was discussed, such as placing an ad in the Sun Advocate on November 16, 18, and 23, requesting that applications be submitted by November 29^th. Interviews could then take place in an open meeting on December 1, 2004, with an appointment being made thereafter. MOTION. Councilmember Tatton moved that the ad be approved for the above 3 days and that a Special Council Meeting be scheduled for Wednesday, December 1, 2004, at 3:30 p.m. Motion seconded by Councilmember Wheeler and carried.

11. PAT SUMMERALL PRODUCTION - Approved

The Mayor, Council, and staff viewed the Pat Summerall television ad promoting Price City. MOTION. Councilmember Wheeler moved that the ad be approved and that authorization be given to start producing additional copies. Motion seconded by Councilmember Denison and carried.

12. HOME OCCUPIED BUSINESS - Fuller=s Window Cleaning Services, 212 South 400 West, David Fuller-Owner

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of David Fuller to operate Fuller=s Window Cleaning Services from his home located at 212 South 400 West. MOTION. Councilmember McEvoy moved that the business be approved upon the purchase of a business license. Motion seconded by Councilmember Wheeler and carried.

13. SKIN INK - 19 East Main Street - Conditional Use Permit Tabled

14. STATE OF UTAH, SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION - Petition For Annexation Approved

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of the State of Utah, School and Institutional Trust Lands Administration, for a petition to annex a parcel of property in North Price. Gary Sonntag stated that if the annexation is approved, that it will be possible to continue plans with a proposed road in this location. School and Institutional Trust Lands is willing to give the city an 80' right-of-way for the proposed road. MOTION. Councilmember McEvoy moved that the Petition For Annexation be approved. Motion seconded by Councilmember Denison and carried.

15. COLLEGE OF EASTERN UTAH - Update Of Master Plan

Councilmember McEvoy reported that Brad King from the College of Eastern Utah attended the Planning and Zoning Commission Meeting and presented an update of the college=s master plan through the year 2010. Councilmember McEvoy displayed a drawing of the proposed changes, such as construction of an arts center, addition to the BDAC, career center expansion and academic building, as well as the proposed new library which is a joint effort between the college, county and city. She also discussed landscaping and the concern over the amount of lawn and the low sources of available water.

CONSENT ITEMS - MOTION. Councilmember Denison moved that Items #16 through #20 be approved. Motion seconded by Councilmember Wheeler and carried.

16. MINUTES - October 27, 2004, November 4, 2004

17. STATE OF UTAH, DEPT. OF COMMUNITY AND ECONOMIC DEVELOPMENT, STATE LIBRARY DIVISION - Acceptance of Public Library Development Grant For $4,417.00 and Authorize For Mayor and City Recorder To Execute Documents

November 10, 2004

18. GRAPHIC DESIGN WORK - Permission To Enter Into Contract With Think Tank Creative In The Amount of $8,000

19. PAUL BEDONT, FRANCIS DUZENACK - Travel Approved

Paul Bedont - Utah Fire and Rescue Academy, November 18, 19, 2004, Park City, Utah

Francis Duzenack - Utah Association of Plumbing and Mechanical Officials Annual Business Meeting and Education Seminar, November 16-19, 2004, St. George, Utah

20. RESOLUTION #2004-25 - Job Descriptions For City Treasurer and Customer Service Collections and Cashier

21. POLICE DEPARTMENT - Accept Resignation of Officer Manny Escoto Effective November 19, 2004 and Permission To Reactivate Old Hiring Roster For A Replacement

Police Chief Aleck Shilaos reported that Police Officer Manny Escoto has submitted his resignation effective November 19, 2004. Even though his current hiring roster is 1 2 years old, he requested that he be allowed to reactivate it and select a replacement, starting from the top individual and on down to the other two if necessary. MOTION. Councilmember Tatton moved that the resignation be accepted. Motion seconded by Councilmember Denison and carried.

MOTION. Councilmember Tatton moved that Police Chief Shilaos be authorized to hire a replacement officer from the existing roster and that he interview the candidates on that list. Motion seconded by Councilmember McEvoy and carried with the following vote.

Councilmember Wheeler - Aye Councilmember Denison - Naye

Councilmember Tatton - Aye Councilmember McEvoy - Aye

22. PUBLIC WORKS COMPLEX DOME D - Replacement of South Roll-Up Door Approved

Gary Sonntag reported that the south facing insulated roll-up door in Dome D at the Public Works Complex needs to be replaced. He would like to replace the existing door with an insulated overhead sectional door. Some time ago, he solicited two door installers and received only one response in the amount of $3,614. The quotation is old, but he believes the company will honor it. He requested permission to approach this same company but questioned if a new door would be able to attach to the current tracking inside of the building. This could require additional work resulting in a higher cost. MOTION. Councilmember Tatton moved that a new roll-up door be purchased up to a $4,100 limit. Motion seconded by Councilmember Wheeler and carried.

23. PRICE RIVER WATER IMPROVEMENT DISTRICT - Update

Councilmember Wheeler reported the Price River Water Improvement District is currently in their budget process for the new year and is reviewing proposed expenditures from each department. She also reported that Scofield Reservoir has increased 3/4 of an inch.

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

Meeting adjourned at 7:35 p.m.

Reconvened at 7:38 p.m.

Meeting adjourned at 7:50 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder