Minutes of the Price City Council Meeting

City Hall: Price, Utah

April 10, 2007 5:30 p.m.

Present:

Mayor Joe L. Piccolo Gary Sonntag, Public Works Director/City Engineer

Councilmembers: Nick Sampinos, City Attorney

Jeff Nielson John Daniels, Human Resource Director

Richard Tatton Pat Larsen, Finance Director

Jeanne McEvoy Aleck Shilaos, Police Chief

Rick Davis Laurie Tryon, City Recorder

Nick Tatton, Community Director

Excused Absence: Bret Cammans-Customer Service Director, Councilmember Hanna-Smith

Others Present: Paul Bedont, Cade Black, Mark Becker, John Hayward, James Liin, Roy Nikas, C.J. McManus, Susan Christensen

Mayor Piccolo led the Pledge of Allegiance. Roll was called with the above Councilmembers and staff in attendance.

1. PUBLIC INPUT

Kade Black presented an apology to the Mayor and City Council for his participation in the graffiti damage to property in Price City. He fully understands the negative effect it had on Price City and the businesses involved. The consequences were very hard on everyone and Mr. Black promised to make better choices in the future.

2. PUBLIC INPUT

Downtown business owner, James Liin, requested an update on the mid-block crosswalk on Main Street, as it was approved by City Council on August 9, 2006 and has not yet been completed. Public Works Director, Gary Sonntag stated that the item is on the list of things to do and will be done as soon as possible. The street department is very busy and has many projects to complete. Mr. Liin feels that the item is a safety issue as traffic flows at a faster rate of speed down Main Street without a crosswalk to slow vehicles down. Pedestrians are also jay walking which becomes a safety hazard for both vehicles and pedestrians. The crosswalk will allow people to travel past storefronts and promote business presence as well. Business owner, Roy Nikas was not aware of the August 9^th approval. He does not want the crosswalk constructed at all due to the loss of the 4-6 parking stalls that the crosswalks would use in space. Mr. Nikas would urge the City to create a parking district that would allow for a maximum of 2 hour parking at one time. There are many employees of main street businesses that are abusing the street parking. Instead of parking in the back of the buildings leaving open spaces on Main Street for customers, they are using the street spaces for their personal vehicles. Mr. Nikas cannot see adding the crosswalk as it would be a waste of money. The crosswalk on the next block up is not being used as it should and people are still jay walking. Mr. Liin stated that he thought the two hour parking maximum would be an excellent way to eliminate the parking problem. Banasky Insurance has created quite a few parking spaces which will help with the few that would be cut out for the crosswalk. It takes two minutes to walk a block from one corner to the next. The Mayor and Council expressed appreciation for the public input from both gentlemen.

3. COUNCILMEMBERS REPORT

The Mayor and Councilmembers presented an update on the activities and functions in which they have participated.

4. BID OPENING- Fire (Brush) Truck

Bids were opened for a new 4x4 Chevrolet 2007- CC5500 4 door Fire Truck cab & chassis with utility bed, Water Tank (300 gal) and specialized Hurst Tools. Budget is $180,000 (CIB Grant). A total of five (5) bids were received: Schedule A: Cab, Chassis and Utility Bed Schedule B: Slide-In Tank Unit

Schedule C: Rescue Hydraulic Tools

Schedule A Schedule B Schedule C

L. N. Curtis & Sons: Schedule No Bid $16,500.00 $39,726.00

Emergency Vehicles $119,054.00 No Bid $45,870.00

Boise Mobile Equipment No Bid No Bid No Bid

Larsen Fire Apparatus, Inc. No Bid $16,890.00 No Bid

Summit Emergency Equipment $129,454.00 $17,300.00 No Bid

MOTION. Councilmember Tatton moved to appoint a committee made up of Paul Bedont, Gary Sonntag, Pat Larsen, Councilmember Nielson and one other city employee at the choice of Gary Sonntag to review and award the bid as necessary. Motion seconded by Councilmember Nielson. Motion carried.

5. DISCUSSION- (695 E. 500 So.) Dust Issue- by John Hayward

John Hayward presented a request for the Mayor and City Council to review a dust problem that he has at 695 E. 500 So. Mr. Hayward gave the Council a drawing of the location for reference. Because he lives on the corner of 500 South and 700 E., next to a dirt road and wash, his home is constantly filled with dust. Vehicles are using the dirt road as an access road. Neighborhood children are using the wash for dirt bikes, peddle bikes and other off road vehicles for entertainment. The dirt that the vehicles stir up goes directly into Mr. Hayward’s yard and windows of his home. He has asked the children to not drive on the dirt road and to keep the dust down when riding motorcycles. He has also contacted the Police Department on several occasions but by the time the police arrive the kids have left the area. Mr. Hayward would like to see either closure of the 700 East access to alleviate traffic or have the road paved to alleviate the dust. Councilmember Tatton questioned whether the road is even a city street without gravel or asphalt. The road is City property and is located partially in the wash as it is not an access road. Councilmember McEvoy pointed out that even if the road was paved, the dust from the recreational vehicles would not cease. Years ago, wooden barricades were set in place to block the road but were constantly removed. The Mayor and Council understand the problem, but also know that if the road is closed, the dust issue remains along with possible enforcement issues. The Mayor and Council recommend, Gary Sonntag perform a road audit to examine the area and determine whether or not the road is a legitimate street. The use of jersey barricades, signs and some type of road top will also be evaluated. Then the zoning of the area can be evaluated by the Community Director for possible use of the road and area. MOTION. Councilmember McEvoy moved to place the item on unfinished business and to have a road audit completed on the street. Motion seconded by Councilmember Nielson Motion carried.

6. PEDESTRIAN SAFETY PROGRAM 2007- Site Selection and Funding Application

The Utah Legislature, during the past session, has provided funding for the State Pedestrian Safety Program, on State Highways (primarily the placement of new sidewalk). The State program provides 75% funding with a local match of 25%. The amount of funding this year, for the four Counties in the Price District, is $8,917. Price City was the recipient of $3,770 in 2005 and $1,360 in 2006. The City needs to decide on a proposed project location for the upcoming funding application due April 30, 2007. Currently, work is being done on the corner of 200 W. and 100 N. and SR 55 east of Price for sidewalk extension to the east interchange. The money is used to purchase the material and the City crews do the labor. The project money can only be used for new sidewalks. The following locations were suggested by the Mayor, Council and Staff:

· SR 6, SR 55 for pedestrian safety.

· Highway 10 (from 600 South to the interchange on the west side)

· Highway 10-1250 South (west side extension towards Kilfoyle)

· Highway 10 (front of Juvenile facility)

· Section by Eastern Utah Produce (extension)

· Gap by Market Express Chevron - north side of road.

· Bicycle pathway project (applying for)

· Sidewalk by Price City domes

Councilmember McEvoy would prefer to see the entry ways into the City completed before other areas are addressed. The section near Eastern Utah Produce is used frequently by large semi trucks which may not be ideal for a sidewalk at this time until something can be arranged for the large trucks. MOTION. Councilmember Tatton moved for staff to select from the suggested locations and send in the appropriate funding application before April 30, 2007. Motion seconded by Councilmember Nielson and carried.

7. MAIN STREET PROGRAM CONTRACTS- Approval of State of Utah Program Support Changes after July 1, 2007- Nick Tatton

The Main Street Program contracts need to be approved before the final budget is complete for available funding. The funding could then be used for possible contracted work for the downtown projects. The state is no longer funding staff members, only projects. MOTION. Councilmember Tatton moved to approve the contract document forms. Motion seconded by Councilmember McEvoy. Motion Carried.

8. MAIN STREET PROGRAM REPORT- Nancy Cammans- Struck

9. BRYNER HOUSE MUSEUM- Authorization for Price City to Receive Funds and Act as the Fiscal Agent for Project for Property Nomination to National Register of Historic Places

Sue Christensen presented a request for Price City to receive funds and act as the fiscal agent for the Bryner House Museum. The museum has been given an opportunity from the Utah State Historic Preservation Office to receive a matching grant to hire a professional researcher to get the house listed on the National Historic Register. In order for the Bryner House Museum to be added, a government agency is required to handle the funds. A board for the museum has been created with the following members: Marvin Mutz, Neil Warren, Bruce Bryner, Sue Christensen, Rita Alderson and Jolene Hannah. The museum is now incorporated with the State of Utah as a non-profit foundation and has received a 501 3C tax-exempt number from the IRS. The roof on the building has been replaced and interior renovation is on-going. This process should not take very much work on the part of Price City. The Museum would possibly issue a check to City of Price and then Price City would issue a check in the same amount to Korral Broschinsky of the Preservation Documentation Resource. The billing would most likely take place in the next fiscal year. MOTION. Councilmember Tatton moved to approve the request to act as the fiscal agent for the Bryner House Museum. Councilmember McEvoy seconded the motion. Motion carried.

PLANNING AND ZONING COMMISSION-

Councilmember Nielson reported that the Planning and Zoning Commission gave a favorable recommendation for the following request for a Home Occupied Permit.

10. HOME OCCUPIED PERMITS-

a. Sweeten Drywall – 245 W. 200 S. – Lary Sweeten, Owner – Business Final- Office Use Only

MOTION. Councilmember Nielson moved to approve the Home Occupied Use Permit for Sweeten Drywall. Motion seconded by Councilmember Tatton. Motion carried.

Councilmember Nielson reported that the Planning and Zoning Commission gave a favorable recommendation for Conditional Use Permit Finals for Walkers Gas Station and PAG Holdings, Inc. The Conditional Use Permits for Masonry Masters were tabled at the request of Dixon Morley. The Haddock Subdivision and Garry Farrell Duplex were given Concept and Preliminary Approval Only.

11. CONDITIONAL USE PERMITS-

a. Masonry Masters – 1452 E. Airport Rd. – Dixon Morley, Owner – Warehouse Building Final

b. Masonry Masters – 1410 E. Airport Rd. – Dixon Morley, Owner – Amendment Final

c. Walkers Gas Station- 755 So. Carbon Ave.-Tetco Inc., Owners- Flag Pole- Final

d. Subdivision – 1762 E. 500 So. – Jared and Paige Haddock, Owners

e. PAG Holdings, Inc.- 435 So. Hwy 55- Gust Kalatzes, Manager- Amendment Final

f. Garry Farrell-431 and 435 East 100 North – Duplex- Concept, Preliminary and Final

MOTION. Councilmember Nielson moved to approve the Conditional Use Permits for Walkers Gas Station, and PAG Holdings, Inc. Motion seconded by Councilmember Davis. Motion carried.

CONSENT ITEMS- MOTION. Councilmember Tatton moved that items #12 through #24 be approved. Motion seconded by Councilmember Nielson and carried.

12. MINUTES-

March 27, 2007 Capital Expenditures Budget Meeting

March 28, 2007 Regular Council Meeting

April 3, 2007 Personnel Budget Meeting

April 6, 2007 Workshop

13. RESOLUTION 2007-10 BUILDING PERMIT FEE SCHEDULE – Approval of a New Fee Schedule for the Permitting Process of a List of Usual and Customary Building Permits. This List Would Amend the Current Process for Determining Fees

14. RESOLUTION 2007-11 Adoption of a Residential Anti-Displacement and Relocation Assistance Plan and Certification Necessary to Remain Eligible to Receive CDBG Funds for Price City Capital Projects

15. DEVELOPMENT AGREEMENT- Approval for a Final Release of the Development Agreement and Surety Guarantee in the Amount of $443,328.00 to Wal-mart for Public Improvements and Completion of a Traffic Signal.

Wal-Mart is eligible for a final release of their Development Agreement and surety guarantee in the amount of $443,328. The public improvements were completed on or about 2001 followed by the completion of the traffic signal at 300 South SR55 on or about 2003. The release is over due, the bond has expired and there were no known issues prior to the expiration of the guarantee period.

16. HANSEN, ALLEN & LUCE ENGINEERING- Approval to Complete a Task Addendum to the General Engineering Services Agreement with Hansen, Allen & Luce Engineering.

It is necessary to complete a task addendum to the General Engineering Services Agreement with Hansen, Allen & Luce engineering to complete 1) a feasibility study on the White River & Emma Park Deep Wells (attached spreadsheet), estimate $16,300 (City’s water resources budget, $50,000) and 2) preparation of preliminary design for the Meads Wash, 800 North, flood mitigation project (attached spread sheet, picture), estimate $8,183.34 , (State/Fed grant, $79, 515.21, CIB grant $25,000, City $8,000); balance of funding will be used for final design and construction.

17. JONES & DEMILLE ENGINEERING- Approval to Release Partial Payment for General Engineering Services- ADA Sidewalk Trailhead Facility Price River Trail Phase I

Jones & Demille Engineering has submitted an invoice for expenditures incurred on the ADA Sidewalk design, $1,013; Trailhead Facility design, $645; Price River Trail Phase I application, $5,915.50.

18. HANSEN, ALLEN & LUCE ENGINEERING- Approval to Release Partial Payment for General Engineering Services to Hansen, Allen & Luce Engineering- Airport Sewer Feasibility, Annexation Plat and Meads Wash Flood Mitigation

Hansen, Allen & Luce engineering has submitted an invoice for expenditures on the airport sewer feasibility, annexation plat and meads wash flood mitigation estimate/survey, $3,065.35.

19. DEVELOPMENT AGREEMENT AND CONSTRUCTION BOND – Approval to Sign and Agree upon the Development and Construction Bond Agreement for the Castle Ridge Subdivision Plat -‘A’ (Perkins).

The Castle Ridge Subdivision Plat ‘A’ (south Homestead Blvd., 400 North) received a conditional use permit approval on January 8, 2007 for the development of a 9 lot subdivision. They have submitted a signed Development Agreement for the public improvements and financial guarantee Construction Bond Agreement. Both require the City’s approval and signature.

20. UNFINISHED BUSINESS- Authorization to Formally Accept Information Provided by Gary Sonntag Regarding the Unfinished Business Items on the February 28, 2007 City Council Meeting. The Emil Simone and Mr. & Mrs. Buck Moynier Issues were Removed from Unfinished Business without Formal Approval of Conditions:

a. Emil Simone issue has been resolved

b. Buck and Claudia Moynier- Road Access

The City has a paved access road to the middle water tank, at approximately 550 North 100 East. The road comes off of Park Drive (100 E.) above Pioneer Park and follows a hillside in a curved westerly alignment to the water tank. From the water tank the road turns northeasterly making a ‘dog leg’ aligning with the Moyniers driveway and property on the hill. Last year, the Moyniers approached the City inquiring about the continued maintenance of the road since the tank road is the only access to their home. They indicated the road is narrow and in need of repair, snow removal and is often traveled by uninvited persons. The Moyniers have placed a ‘Private Road’ sign on the City’s road going to the tank. City crews have performed pavement maintenance, drainage work and set road shoulder delineators. City staff reviewed the location of the road in relation to City properties and the Moynier property. A land survey was not complete/ however, there appeared to be sufficient information after reviewing an aerial photograph and County property plats that indicated the road was on City property. To include nearly all of the road segment beyond the tank going up to the Moynier property. Staff suggests the road up to the tank (only) continue to be maintained by the City and/or properties in this area. The segment of the road beyond the tank going up to the Moynier property would not be maintained by the City and would be the responsibility of the Moyniers. An easement agreement should be prepared at the expense of the Moyniers providing them with a written description and approval to use the road to access their property. Staff’s review also identified that the Moyniers have constructed a set of steps down the hillside on City property near 550 North Park Drive (100 North). The City does not have any record of a building permit or conditional use permits or similar approval allowing these steps. The Moyniers should see an approval from the City to maintain these steps, being responsible for their liability, upkeep and operation.

21. FIREFIGHTERS GRANT- Approval to Apply for the 2007 Federal Assistance to Firefighters Grant (AFG) for Additional Personal Protective Equipment and a Contamination Extrication Machine to Clean Firefighting Gear.

22. GRADUATION SPECTACULAR- Donation to the 2007 Graduation Spectacular which Provides over 600 Carbon School District Students a Place to Celebrate Graduation Without Drugs or Alcohol

23. RESOLUTION 2007-12- Approval for an Amended and Restated Agreement Creating the Utah Local Governments Trust and to Adopt Resolution 2007-12

24. POLICE DEPARTMENT- Approval to Proceed with the Hiring Process for a Replacement Police Officer

The hiring committee has chosen a person for the position of Price City Police Officer. Permission is requested to continue with the hiring process. MOTION. Councilmember McEvoy moved to approve this request. Motion seconded by Councilmember Davis. Motion carried.

25. PRWID- Update by Councilmember Tatton

The PRWID meeting was held on April 3, 2007. Discussion included the airport subdivision water issue, making water shares for trailer parks more affordable and the Circle K subdivision sewer lines. PRWID has leased water shares for the year.

26. INTERNATIONAL DAYS-Update by Councilmember Nielson.

The allocation of money from fundraisers and the amount left in the budget from the previous year was discussed for clarification. Both nights of movies plus additional activities would be the desire of the committee to allow the event to grow each year. The budgeted amount is $12,000 plus donations and fundraisers to alleviate the costs. Funds that are raised will allow money to be left in the budget for next year’s event. This year’s event could use the budgeted amount as well as the fundraiser amount to host an even more successful event. To offset costs, advertising is offered during both movie nights. Sponsorship funds could go directly to the movie budget because sponsorship involves the community. If it weren’t for the community assistance, this event would not be as successful as it is now. MOTION. Councilmember Tatton moved to allow sponsorship to be used in excess of the budgeted amount with all other areas of the event remaining in place and staying the same. The sponsorship funds would be used first, then the budgeted funds. This would be a trial funding project for the 2007 year. Motion seconded by Councilmember Davis and carried.

27. POWER BOARD- Update by Councilmember McEvoy

The Power Board will have a meeting this month to discuss the surveyed property line of the existing substation. While surveying the area for the new substation, it was detected that Price City does not own all of the property necessary to place the new substation. Price City owns 6’ of property which doesn’t allow enough room to build the new substation with the old substation in place. If the area is completely fenced in then it voids business parking behind the existing buildings. The Power Board needs to evaluate the situation for a solution at their next meeting.

28. NEW BUSINESS

Scott Olsen from the Carbon County Gun Range has asked Price City for a donation of old garbage cans that are no longer used by the City for use at the new gun range. Price City has 20 unused cans and can donate them to Carbon County as they are not a capital asset and can be donated from one government entity to another. There is not a use for the cans in Price City with any of the departments and the cans are identified as having no value. This item will be placed on the next agenda for ratification.

Meeting adjourned at 7:25 p.m. for the Community Renewal Meeting

Regular Meeting Reconvened at 7:26 p.m.

Councilmember McEvoy moved to adjourn the meeting at 7:55 p.m.

APPROVED:

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ATTEST: Joe L. Piccolo, Mayor

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Laurie Tryon, City Recorder