Minutes of the Price City Council Meeting

City Hall: Price, Utah

May 9, 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

Kathy Hanna-Smith Nick Tatton, Community Director

Bret Cammans, Customer Service Director

Others Present: Bonham Brewer, Ron Brewer, Paula Wells, Eddie Horvath, Kelly Shiner

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

1. PUBLIC COMMENT

Paula Wells, Student Government Advisor from the Pinnacle Canyon Academy, advised the Council of the upcoming event at their school. The event will be a Relay for Life fundraiser on May 24^th, with a band contest and talent show. The school will be using the outside amphitheater from 5:30 p.m. - 10 p.m. The public is welcome at a $3.00 charge per person. A rummage sale is also scheduled for May 19^th on school grounds.

2. COUNCILMEMBERS REPORT

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

3. REQUEST FOR LAND USE DEVELOPMENT CODE CHANGE – Eddie Horvath

Eddie Horvath presented a request to the Mayor and City Council for a possible change to the Land Use Development code. This code change request would be to revise the Price City Land Use Management and Development Code to permit or allow by Conditional Use Permit aviaries in the Manufacturing District (MD) Zone. Mr. Horvath stated that he has 27 years of experience raising birds and is a licensed falconer. He has recently requested a Conditional Use Permit from Planning and Zoning which was denied because the zone in which he lives does not permit an aviary. An aviary would fall under uses which are not available in the current Price City Land Use code where Mr. Horvath’s lives at 464 E. 400 S. in the MD zone. Planning and Zoning cannot permit the use at 464 E. 400 S. without Council approval to revise the Price City Land Use Management and Development Code to permit the aviary use in the MD Zone. This issue was brought to the attention of Planning and Zoning by complaints from surrounding neighbors and the Division of Wildlife Services. Mr. Horvath’s land use is non-compliant with the adopted land use ordinance at this time and he has received citations from the Price City Police Department. Chief Shilaos and City Attorney Nick Sampinos report that he is commits of a Class B misdemeanor each day that he keeps the birds at 464 E. 400 S. and will be cited. At this point, Mr. Horvath can either move the aviary to another area that allows aviaries or relocate the birds. Police Chief Shilaos commented regarding the poor conditions of the birds in years past. The noise coming from Mr. Horvath’s yard, when a bird of prey eats a live rabbit is very noticeable and alarming and neighbors complain. The birds Mr. Horvath maintains on the property are exotic parrots and birds of prey and cannot be raised together in one setting. In order to have animals at the home in city limits, the animals must be pets, with 4 or less at one time. Mr. Horvath stated that a license wasn’t necessary when he first started his business many years ago. He also stated that he spoke to Wilma at Price City on many different occasions during that time, and she told him he didn’t need any type of permit or license. Mr. Horvath needs time to move the birds as they will take time to relocate. This has been an ongoing situation for Mr. Horvath and an extension will not be granted. MOTION. Councilmember Tatton denied the request for an update to the Land Use Management and Development Code to permit an aviary use in the MD Zone. Motion seconded by Councilmember Hanna-Smith. Motion carried.

4. WELLNESS COMMITTEE UPDATE- Ron Brewer

Ron Brewer presented an update and review of the Wellness Committee activities. On April 17^th, 2007, Ron Brewer and Shari Madrid attended the wellness council conference. The conference included the rising health care costs, obesity issues, infant mortality rates, and healthy lifestyle changes that can be done to promote good health and stop the rise in health costs. The trends and changes in eating habits, smoking, sedative lifestyles and rise in diabetes has become a huge problem related to obesity and lifespan rates. Mr. Brewer showed the Council examples of a restaurant eating guide, exercise bands and drew attention to the frequent Wellness Program activities offered to employees. Price City received the Outstanding Policy award for 2007 for their worksite wellness program in recognition of providing a healthy eating choice during City meetings. Ron presented this award to the Mayor and Council. Mayor Piccolo thanked Ron for all of his hard work on the committee and commended him for his personal growth and changes that are visible through this program. An anti-smoking program is now in progress for Price City employees that will benefit everyone.

5. UTILITY BILL ADVERTISING- Councilmember Hanna-Smith

Councilmember Hanna-Smith would like to finalize the utility bill advertising issue from a previous meeting. She would like to see a maximum of five lines dedicated to the backside of the utility bills for advertising non-profit, local activity information. This would be based on first come first serve to assist a non-profit organization in the advertising of their upcoming event. After some discussion, Council decided to allow the utility bill advertising with the following recommendations:

· Activity will be a non-profit organized activity

· No business or personal names will be allowed in the five lines

· A five line maximum will be the limit

· All advertising will be for the “greater good of the city”

· A checklist needs to be created to meet criteria

· If any activities or request for advertising are in question, the request must go before Council for approval

· Activity must be of a local nature within the Carbon/Emery County area

MOTION. Councilmember Hanna-Smith moved to approve the utility bill advertising five line maximum with the stated recommendations to serve as guidelines for reviewing requests. Motion seconded by Councilmember McEvoy Motion carried.

6. PRICE CITY PUBLIC WORKS WEEK- Proclamation

Gary Sonntag introduced the week of May 20-26, 2007 as National Public Works Week. The theme is “Public Works: Moving Life Forward”. This week is a time to recognize the essential role of public works employees in our quality of life. A community depends on the public works professionals who are always involved in the planning, design, construction, administration, service, operation, maintenance and repair of the infrastructure on which we all depend. Price City public works employees exemplify this role. MOTION. Councilmember Tatton authorized the Mayor to sign the Public Works Week Proclamation and for posters to be placed in city buildings to promote the week. Motion seconded by Councilmember Nielson and carried.

PLANNING AND ZONING COMMISSION

Councilmember Nielson reported that the Planning and Zoning Commission gave favorable recommendations for the following requests for Home Occupied Permits.

7. HOME OCCUPIED PERMITS-

a. Steele’s Landscaping- 865 N. Eastwood Dr., Tom and Robyn Steele, Owners- Business- Office Use Only - Final

b. MJ’s Bullhide- 686 N. 100 E., Max Jones, Owner-Business-Office Use Only-Final

MOTION. Councilmember Nielson moved to approve the Home Occupied Use Permits to include the specific conditions recommended by staff. Motion seconded by Councilmember Tatton. Motion carried.

8. CONDITIONAL USE PERMITS-

a. Subdivision – 1762 E. 500 S., Jared and Paige Haddock, Owners-Subdivision- Final

b. Planned Unit Development- 431 and 435 E. 100 N, Garry Farrell, Owner-PUD-Tabled

c. Warehouse Building- 1425 E. Airport Road-Masonry Masters, Inc.-Dixon Morley, Owner-Building Final-Strike

d. Amendment- 1410 E. Airport Road-Masonry Masters, Inc.-Dixon Morley, Owner-Amendment Final-

e. Conditional Use Permit Review/Action-Auto Alley, Fred Jones, Owner – (Extension granted for new ownership)- No final action

MOTION. Councilmember Nielson moved to approve the Conditional Use Permits for Masonry Masters and Haddock Subdivision to include the specific conditions recommended by staff. Motion seconded by Councilmember Tatton. Motion carried.

CONSENT ITEMS- MOTION. Councilmember Hanna-Smith moved that items #11 through #23 on the agenda be approved with items 12, 13, 16 and 21 removed for discussion. Motion seconded by Councilmember Davis and carried. Councilmember Hanna-Smith moved to amend the motion to add item 20 to the list for discussion. Motion seconded by Councilmember Davis. Motion carried.

9. MINUTES –

April 25, 2007- City Council Meeting

April 27, 2007- Special City Council –Tentative Budget Meeting

April 25, 2007- Community Development and Renewal Agency Meeting

May 4, 2007- Council Workshop

10. EMERGENCY PURCHASE- Approval of the Emergency Purchase of a Anode/Cathode Electric Miox Cell #2 for the Water Treatment Plant

The water treatment plant anode/cathode cell has broken down. The Miox Corporation informed staff after inspecting the faulty cell that it would be less expensive to purchase a new cell rather than having the bad cell repaired. The remaining cell #1 is the only backup. The heavy water season has begun and both cells need to be operational. A new cell was purchased on an “Emergency Basis” at a cost of $8,893. This will be taken out of the current water/sewer department budget.

11. BLOCK PARTY – Approval to Close the Road Between 800 North and 700 North at 700 East for a Block Party on May 21, 2007 from 5-9 p.m.

12. PRICE CITY LIBRARY- Approval to Apply for Two Grants to Cover Expenditures during the 2007-2008 and 2008-2009 Fiscal Years

13. PRICE CITY POOL- Approval to Advertise and Hire New Lifeguards

14. CARBON EMERY TELCOM- Approval to Work with Carbon Emery Telcom To Install Several Hot Spot Wireless Access Points at Strategic Locations throughout Price City for Internet Access

The wireless access point hot spots will provide internet access to users with wireless computers in areas such as the Peace Garden, Heritage Park, Atwood Ball Fields and Washington Park etc. Price City would provide electrical connections and the power to operate the equipment. Monthly power consumption to run the wireless equipment is minimal. Carbon Emery Telcom will provide the wireless equipment, antennas and internet service. If approved by Council, Nick Sampinos recommends creating an agreement between Price City and Carbon Emery Telcom for the project.

15. BID AWARD- Approval to Award the Bid for the Water Treatment Plant Emergency Power Backup

Bids were received for an electrical power backup generator project at the Price Canyon water treatment plant. The low bid was submitted by Ballard Electric for $61,208 for the generator and installation. The budget is $50,000; the balance will be taken from the water department operations budget. Councilmember Tatton asked if it might be appropriate to ask if PRWID would like to participate in this purchase to share the cost financially as it may be beneficial for both entities. Agreements for maintenance and location of facilities would be reviewed and put into place before action is taken. Councilmember Tatton would like to put on the item on the PRWID agenda as he sits on that board, for review between the two entities. Mr. Sampinos suggested that Gary Sonntag contact Ballard Electric for review of this possible connection between Price City and PRWID and ask for an extension of time for the bid award. This item should be placed on the next agenda for review and possible approval. MOTION. Councilmember Hanna-Smith moved to authorize Councilmember Tatton to contact PRWID and return to Council for review. Motion seconded by Councilmember McEvoy. Motion carried.

16. BID AWARD- Authorization to Award the Bid for the Demolition of the Old Central School Building, Project #5C-2007 to MKP Enterprises for Demolition and Backfilling the Hole

Bids were received for the demolition of the Old Central School. The low bid for the demolition and backfilling the hole was submitted by MKP Enterprises for $74,600. The Budget is $100,000. The bids for the parking lot construction to include removal of the yard area will not be considered since the bids would cause the project to exceed the budget. A parking lot will not be constructed at the old school site. The remaining budgeted funds will be used to landscape the site. Money has to be used for the project from the grant. MOTION. Councilmember Tatton moved to approve this item. Councilmember McEvoy seconded the motion. Motion carried.

17. TENTATIVE BUDGET- Approval to Adopt Tentative Budget for the 2007-2008 Fiscal Year and Set Date for Public Hearing

MOTION. Councilmember Tatton moved to adopt the tentative budget and set the date for a Public Hearing for June 13th, 2007 during a City Council meeting. Motion seconded by Councilmember Nielson and carried.

18. HEAT PUMPS AND CONFERENCE CHAIRS – Authorization to use 2006-2007 Remaining Budget from the Building Maintenance Department to purchase 4 heat pumps for installation throughout City Hall and 8 conference room chairs.

Bret Cammans is requesting an additional $3500.00 to purchase electronic wipe boards and chairs for the Mayor’s conference room. The money would come from the remaining amount in the Building and Maintenance Department 2006-2007 budget. MOTION. Councilmember Hanna-Smith moved to approve the use of 2006-2007 remaining budget funds for the purchase of heat pumps, chairs and wipe boards. Motion seconded by Councilmember Tatton and carried.

19. POLICE DEPARTMENT- Authorization to Create an “Uncertified Officer Hiring Roster” for One Year Based off the Last Hiring Board that was Conducted in April 2007

Councilmember Tatton commented that during the hiring process of the recent police officer position, the hiring committee was instructed that the roster was no longer going to be kept for the Police Officer hiring process. Police Chief Shilaos stated that the roster from this last process would have one applicant left on it who had been tested with a written exam, physical exam, spelling/grammar test, typing and practical test and passed them all. If the roster is left in place, the next hiring process would have this person as a candidate (already tested) as well as a list of applicants that would apply to choose from. The next hiring committee could evaluate and review the roster and the current applicants at one time and choose from all of them. The roster does not guarantee a position but saves the City money on testing and reviewing the same qualified person again if he or she should apply. The roster serves as a resource pool to the hiring process. MOTION. Councilmember McEvoy approved the Uncertified Officer Hiring Roster with the change of “Roster” to read “Pool”. Motion seconded by Councilmember Hanna-Smith. Motion carried with a 4 to 1 vote.

Councilmember Tatton Naye Councilmember Hanna-Smith Aye

Councilmember McEvoy Aye

Councilmember Nielson Aye

Councilmember Davis Aye

20. PRWID-Update by Councilmember Tatton

· District looking at requesting proposals for a hydraulic analysis of its systems

· Water share additions- 900 shares leased to date

· Fairgrounds road new development- new developer would put in waterline if PRWID buys pipe

· Conoco Phillips is considering placement of a new gas well east of PRWID office

· Helper agreement is in place

· 32 applications for secretary/treasurer position received- May 21^st interviews

· Board reviewing policy for use of equipment by employees

21. COMMUNITY PROGRESS by Councilmember Hanna-Smith

· Yard of month- first round of judging for commercial and residential underway

· Blighted areas are being reviewed- complaints from citizens

· New sign for entrance has been sent in to company for printing

· Heritage Park and Peace Garden Kiosks discussion- update

· Business recognition: Intermountain Electronics will be given an award on May 29^th at 1:30 p.m.

· Adopt-a-Street- Parrot Group will be adopting an area near Kmart

· Benches have been ordered. Heritage Park is another suggested location for benches

· Next meeting will be on May 31^st, 2007

22. INTERNATIONAL DAYS-Update by Councilmember Nielson

Everything is running on schedule and within budget. A Grand Marshall has been chosen. There will be two movies on Friday and Saturday nights. Bands will be entertaining both days.

23. UNFINISHED BUSINESS:

a. Committee Review for Street Banners, Signs and A-Frame Signs

Meeting adjourned at 8:00 p.m. for the Community Development and Renewal Agency Meeting

Regular Meeting Reconvened at 8:01 p.m.

Councilmember McEvoy moved to adjourn the meeting at 8:15 p.m.

APPROVED:

________________________

Joe L. Piccolo, Mayor

ATTEST:

_________________________

Laurie Tryon, City Recorder