Minutes of The Price City Council Meeting

City Hall: Price, Utah

April 27, 2005, 5:30 p.m.

Present:

Mayor Joe L. Piccolo Joanne Lessar, City Recorder

Councilmembers: Pat Larsen, Finance Director

Betty Wheeler Gary Sonntag, Public Works Director/City Engineer

Richard Tatton John Daniels, Human Resource Director

Jeanne McEvoy Aleck Shilaos, Chief of Police

Mae Aguayo

Excused: Councilmember Stephen L. Denison

Nick Sampinos, City Attorney

Bret Cammans, Communications Director

Nick Tatton, Community Director

Others Present:

Emil Simone Veloy Wilder Pauline Tucker Chari Jelsma

Barry Deeter Lance Deeter Albert Bouvier Robert Judd

Frank Rinna Dennis L. Anella Austin Meeks Gary Meeks

Kathy Murray

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

1. COUNCILMEMBERS REPORT - Update

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

2. VISIONARY SERVICE LEADER AWARD - Kathy Murray

Mayor Piccolo presented the April, 2005 Visionary Service Leader Award to Kathy Murray. Kathy has been actively involved in many community projects for many years and coordinates the Sun Center at the College of Eastern Utah. Ms. Murray gave a brief presentation on what her duties consist of at CEU.

3. AMERICAN LEGION AUXILIARY, PRICE UNIT #3 - Presentation of Poppies

Veloy Wilder, President of the American Legion Auxiliary, distributed American Legion Poppies to the Mayor, Councilmembers, staff and attendees at the meeting. She presented a brief background on poppies. They were started in 1919. In 1921, the American Legion used them as their National Memorial flower to honor deceased and living Veterans of Wars. As you wear the poppies, remember the Veterans in the VA Hospitals or those who made them in their workshops. The money earned from the sale of poppies is used wisely. A percentage is given to the Veterans who make them, plus the Child Welfare Program of all Veterans. In 2006, the National American Legion Convention will be held in Salt Lake.

4. BABE RUTH BASEBALL FIELD - Maintenance and Lighting

Barry Deeter, President of the Babe Ruth Baseball Team, stated that he asked to be on the agenda to discuss maintenance at the Babe Ruth Baseball Field. However, he has since talked to Suda Merriman, Parks Department Supervisor, and she has completed some work on the fields and they look much better. Carbon County has over 8 Babe Ruth teams with over 100 players. Those 8 teams have to play and practice on one field. Prior to the games starting, they practice twice a week, but once the games start, they have no place to practice. Games are scheduled with Green River and Emery at the Helper field, the College of Eastern Utah, the high school field, and their field,. He asked if there would be some way to get another field for practice. Along with an extra field, a batting cage is needed. Even the Little Leaguers can utilize a batting cage. Also an area to build a mound where pitchers can practice pitching. There is only one mound and that is at the Babe Ruth field. Councilmember Tatton stated that a new field for high school girls softball is being planned in the near future which would leave the field south of the Babe Ruth field available for use. Gary Sonntag recommended the old Pony League field behind Mont Harmon Junior High School. Mr. Deeter stated that he has looked at this field, but it would require some work. There is a berm and an old water pump station that would need to be torn down. The backstop would need to be moved and the area leveled. Grass would need to be planted as well as making sure water is available. Funding would be an issue.

April 27, 2005

Right now the kids are charged $60 which goes towards uniforms, umpires, and anything to fund the league. This comes to about $6,000 of income. The umpires cost approximately $3,800, and insurance is $600. By the time they are done for the year, there might be $1,000 left. Then there is a lot of volunteer work. Gary stated that although the City does step in and help with heavy equipment, other leagues come up with funds for batting cages, grass, dug outs, fencing, as well as labor. Mr. Deeter felt that something could be worked out in the way of labor and raising funds. He feels they have the capabilities of pursuing that. He certainly does not expect anything free. Councilmember Tatton suggested that Mr. Deeter contact the Special Service District for funding, as they provided assistance to the WBBA to upgrade their fields. Mayor Piccolo stated that the City will do all they can to help him.

5. CONNECTED WIRELESS, INC., RICHARD P. HACKWELL, ROY AND YVONNE NIKAS - Conditional Use Permits

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits

Connected Wireless, Inc. - 255 So. Highway 55 (Kiosk In Walmart) - Business

Richard P. Hackwell - 475 East Main Street (Building Addition On Adjoining Property)

Roy and Yvonne Nikas - 2852 North 100 West - Lot Line Adjustment (Removal of Property Line

Between I-655-I and 1-655)

MOTION. Councilmember McEvoy moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.

CONSENT ITEMS - MOTION. Councilmember Tatton moved that Items #6 through #14 be approved. Motion seconded by Councilmember Wheeler and carried.

6. MINUTES - April 12, 2005

7. ASSUMPTION GREEK ORTHODOX CHURCH - Single Event Beer Permit For Greek Festival July 8 and 9, 2005

8. BOB BENNETT - Travel Approved - International Association of Electrical Inspectors

Annual Business Meeting and Educational Seminar, May 1-4, 2005, Wendover, Utah

9. CASTLE VALLEY EYECARE EASY APPLICATION - 69 East Main Street - Concept Approval, Final and Funding Authorization For Physical Property Improvements ($2,000)

10. RICHARD HACKWELL EASY APPLICATION - 475 East Main Street - Concept Approval For Physical Property Improvements ($2,000)

11. BALANCE ROCK CREDIT UNION EASY APPLICATION - 495 East Main - Concept Approval For Renovation Project ($2,000)

12. SUN ADVOCATE - Annual Legal And Classified Publication Agreement ($19,002.43)

13. STREETS - Permission To Advertise And Hire Seasonal Employee

14. LIBRARY AIDE POSITION - Change From Grade 4 To Grade A

15. RESOLUTION #2005-06 - Establishing An Electric Distribution System Cost Recover Charge For Upgrading Price City Electric Distribution System Equipment

Councilmember Wheeler questioned if a public hearing was needed to assess residents the proposed $5.00/month cost recover charge for upgrading the electric distribution system equipment? Pat Larsen stated that the City is not required to hold a public hearing. Mayor Piccolo stated that this amount will be dedicated to projects to improve the electrical distribution system. Upon completion of the specific projects to be funded by the cost recovery charge, or within four years of the beginning date, whichever occurs first, it shall be terminated by resolution. If the system is not completely improved by that time, another resolution may be passed to continue the cost recover charge. MOTION. Councilmember Tatton moved that Resolution #2005-06, establishing the cost recover charge for upgrading the electrical distribution system be approved. Motion seconded by Councilmember Wheeler and carried.

April 27, 2005

16. CHILDREN=S SIDEWALK CHALK ART EVENT - Permission To Use Sidewalks Surrounding Price City Hall, PCC, Museum, Public Safety Building

Councilmember Wheeler asked how long after the Childrens Sidewalk Chalk Art Event would the drawings remain on the sidewalk? Mayor Piccolo stated that there is no planned clean-up. The chalk will just wear off. MOTION. Councilmember Wheeler moved that permission be given to use the sidewalks surrounding City Hall, the PCC, Museum and the Public Safety Building for the above event. Motion seconded by Councilmember McEvoy and carried.

17. IRRIGATION WATER MANAGEMENT PROGRAM - Revision Approved

Gary Sonntag reported that a public information meeting was held Monday, April 18, 2005 to present information to water users on the proposed irrigation schedule. The irrigation users were most concerned about getting their old watering hours back. The schedule sent to them earlier indicated the delivery would be an acre foot of water in a 24 hour period. The City wanted to be sure the irrigation users were receiving their share of water. Staff was unable to determine if the users were receiving their proper amount of water on the old schedule. Since that meeting, staff has been able to determine a rate of flow that will provide a delivery that is close to the hours that were used in the past.

Albert Bouvier and Emil Simone spoke against the hours scheduled for irrigation. It is difficult for the elderly to get up during the night to water. Something needs to be done to solve this problem. Darryl Entwistle also spoke against the watering schedule. He works shift work and it is hard for him to water during the current schedule. Gary Sonntag stated that in the past the City had a Ditchmaster that took care of the irrigation program at a cost of $23,000/year. The Ditchmaster opened and closed the headgates, made sure the water flowed down the ditches, unplugged the gutters, monitored the flows, etc. Economically, the City is not able to continue with that program. Mr. Entwistle recommended hiring a high school kid or a retired person to work a split shift. He suggested that each ditch get their users together and come up with a person who would manage their ditch, have a key to open and close the gate and schedule the water turns. Mr. Sonntag stated that this is a possibility and he would look into it. Each ditch would have to be responsible for their own irrigation water. The problem would be how to determine how much water is going through the ditch at any one time. There has not been a way to measure it. He has been able to determine what the rate of flow is and how long it would take to deliver water. A flow meter is being used to find out what the level of water should be in the gutter for the flow rate.and has made marks on the gutters below the gate to indicate when the flow is reached. Robert Judd stated that in some ditches, there are 20 users and in others there are only 4 or 5 users. He is on the ditch that has 20 users and is on the end. If each ditch has the same amount of watering hours, the water in the ditch with the small amount of users would be going into the creek. Gary stated that each ditch has a separate gate. The ditch with the small amount of users would be shut down sooner that those with the larger number of users. Mayor Piccolo stated that any reasonable solution the ditch users come up with will be analyzed and looked at.

Councilmember McEvoy stated that she too has concerns with the night time watering schedule. Gary Sonntag has had a difficult job in getting things coordinated and issues itemized and he has been accurate in those itemizations and has done a good job doing what needs to be done and how to make some changes. There have been some good suggestions made. She appreciates those residents being here to address their concerns. She encouraged staff to remove the watering schedule during the night. Councilmember Tatton asked who would be responsible to handle disputes? Mr. Sonntag stated that the the Secretary/Receptionist at the Cemetery would be the contact and she would refer it to Administration. Mayor Piccolo suggested that since we have a Customer Service Department, that any disputes be directed through them. Gary presented two drafts of the 2005 Irrigation Information for the Council=s consideration. One is dated April 23, 2005 and the other April 25, 2005. The draft dated April 25, 2005 includes a Apilot program@. In the Apilot program@, if any of the ditch users would like to form an organized group to control their ditch gate at the canal and manage the watering schedule and maintain the ditch, they are to notify the City in a letter. However, there is not sufficient time to bring the Apilot program@ into action at this time, as the water season starts this next Sunday. It will be considered at a later date. Darryl Entwistle commented that he was agreeable with the Apilot program@. MOTION. Councilmember McEvoy moved that the 2^nd draft of the Revised 2005 Irrigation Information dated April 25, 2005 be approved which includes the Apilot program@ and Registered Turn-Fee Application and Lease Agreement. Motion seconded by Councilmember Wheeler and carried. Mayor Piccolo thanked all the concerned citizens for attending tonight=s meeting.

April 27, 2005

18. STREETS DEPARTMENT - Permission To Purchase A 10 Wheeled Dump Truck, Skid Steer Loader and Two Drop-In Sanders

Gary Sonntag reported that staff has prepared a list of streets in the City that require maintenance through asphalt crack sealing, asphalt slurry sealing, pavement milling, pavement overlays and traffic striping, estimated at approximately $295,000 (Class >C= Road work) which is budgeted. As equipment can be purchased through Class C Road funds, he requested permission to solicit bids to purchase a 10 wheeled dump truck, skid steer loader and two drop-in sanders at an estimated cost of $157,000 and that any existing equipment that can be traded in on these purchases be declared surplus. MOTION. Councilmember Wheeler moved that the request be granted. Motion seconded by Councilmember McEvoy and carried.

.

19. LIBRARY - Permission To Advertise And Replace Part Time Library Aide

The Council discussed the replacement of the part time Library Aide. MOTION. Councilmember Aguayo moved that permission be given to advertise and replace a part time Library Aide who recently resigned. Motion seconded by Councilmember McEvoy and carried.

20. EMPLOYEE GRADE DESIGNATIONS - Authorization To Change From -3, -2, -1, -0 To A,B,C,D

John Daniels requested permission to change employee grade designations from numerical -3, -2, -1, and -0 to alphabetical A, B, C, and D. MOTION. Councilmember Wheeler moved that the request be granted. Motion seconded by Councilmember McEvoy and carried.

21. COMMUNITY PROGRESS - Update

Councilmember Wheeler reported that the committee assigned to the Main Street tree lighting project is waiting for bids to determine what the costs will be to run an electrical system down Main Street. Mayor Piccolo recommended including a drip system to water the trees instead of having someone water them by hand.

22. POLICY CHANGES FOR SWIMMING POOL COMPLEX - Approved

Councilmember McEvoy presented the final version of the policy changes for the swimming pool complex pertaining to a pool usage agreement and usage fees for profit and non profit groups and recommended approval. MOTION. Councilember McEvoy moved that the policy changes be approved. Motion seconded by Councilmember McEvoy and carried.

23. PRICE CITY PERSONNEL POLICY AND PROCEDURES - Benefit Eligibility Changes (Volunteer Fireman) - Update

John Daniels reported that he met with the Fire Department to review the proposed changes in benefit eligibility for non full time employees. It was a very productive meeting and well attended. He received some good ideas and went through the voting process to get more input. Fire Chief Kent Boyack is in the process of gathering data from other departments. It was questioned if the benefits were decreased if the department would continue to attract and maintain qualified fire fighters. One third believed they would. After all the information is collected, he will meet with the Fire Department prior to bringing it back to the Council.

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

Meeting adjourned at 7:25 p.m.

Reconvened at 7:29 p.m.

MOTION. Councilmember McEvoy moved that the Council Meeting adjourn and that an Executive Session Convene for the purpose of discussing the overpayment of franchise taxes. Motion seconded by Councilmember Wheeler and carried.

Meeting adjourned at 7:47 p.m.

Reconvened at 8:04 p.m.

April 27, 2005

24. OVERPAYMENT OF FRANCHISE TAX - Authorization To Seek Legal Advice

MOTION. Councilmember Tatton moved that Mayor Piccolo be authorized to meet with the attorney from the Utah Association of Municipal Power Systems to seek direction on the franchise tax dispute between Price City and Utah Power and Light Co. Motion seconded by Councilmember Aguayo and carried.

Meeting adjourned at 8:06 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder