Minutes of the Price City Council Meeting

City Hall: Price, Utah

August 22, 2007 5:30 p.m.

Present:

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

Councilmembers: Nick Tatton, Community Director

Rick Davis John Daniels, Human Resource Director

Richard Tatton Bret Cammans, Customer Service Director

Jeanne McEvoy Aleck Shilaos, Police Chief

Kathy Hanna-Smith Laurie Tryon, City Recorder

Jeff Nielson Pat Larsen, Finance Director

Excused Absence: Nick Sampinos, City Attorney

Others Present: Wade Williams

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

A moment of silence was offered by the Mayor and City Council for the Crandall Canyon miners, rescuers and families in their time of tragedy and grief.

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

2. PUBLIC HEARING- To Request Input Regarding a Request to Vacate the Undeveloped Bonnie J. Subdivision Located at 710 East and 100 South and all Included Dedications to the Public

MOTION. Councilmember Tatton moved to open the public hearing at 6 p.m. Motion seconded by Councilmember Nielson and carried. A public hearing on this same matter occurred at the Planning and Zoning meeting held on August 20, 2007 and no public comment was received. As no public comment was made at this meeting, Councilmember Tatton moved to close the public hearing at 6:02 p.m. Motion seconded by Councilmember Nielson and carried.

3. BONNIE J. SUBDIVISION- Consideration of a Request to Vacate the Undeveloped Bonnie J. Subdivision Located at 710 East and 100 South and all Included Dedications to the Public and easements.

MOTION. Councilmember Hanna-Smith moved to approve the request to vacate the undeveloped Bonnie J. Subdivision. Motion seconded by Councilmember Davis and carried.

4. PUBLIC HEARING- To Receive Input Regarding a Request to Change the zoning designation of the Undeveloped Bonnie J. Subdivision from Rural Residential (RR) to Commercial Development (CD).

MOTION. Councilmember Tatton moved to open the public hearing at 6:03 p.m. Motion seconded by Councilmember Nielson and carried. A public hearing on this same matter occurred at the Planning and Zoning meeting held on August 20, 2007 and no public comment was received. As no public comment was made as this meeting, Councilmember Tatton moved to close the public hearing at 6:05 p.m. Motion seconded by Councilmember Nielson and carried.

5. BONNIE J. SUBDIVISON- Consideration of a Request to Change the Zoning Designation of the Undeveloped Bonnie J. Subdivision from Rural Residential (RR) to Commercial Development (CD). MOTION. Councilmember Nielson moved to approve the request to change the zoning designation of the undeveloped Bonnie J. Subdivision from Rural Residential (RR) to Commercial Development (CD). Motion seconded by Councilmember Davis and carried.

6. WASTE DISPOSAL TIPPAGE FEE- Wade Williams

Wade Williams of City Sanitation Inc. provided the Mayor and City Council with a final analysis of the recently changed landfill tippage fee structure that will affect the County and Price City. ECDC is now charging a tippage fee to all County residents. Mr. Williams will contact the City Attorney regarding the needed changes to the current contract with Price City, which includes a provision for increasing collection fees as may be necessary under clause #7. The increase to Price

August 22, 2007

City residents will be $2.15 per can per month. The effective date is October 1, 2007. Notification to the residents would be Price City’s responsibility and can be done so in the next two upcoming utility billing cycles with an informational flyer. The collection fee increase is not generated by Price City or City Sanitation but by ECDC increase is tippage fees at the landfill. The collection rates should be reviewed annually between Price City and City Sanitation. MOTION. Councilmember Tatton moved to approve the changes with the information received from Wade Williams, to keep the item on unfinished business for more discussion on the issue by Council and to include an annual review of the rates. Councilmember McEvoy seconded the motion. Motion Carried.

7. VISIONARY SERVICE LEADER AWARD AUGUST 2007- Nellene Heinz

Nellene Heinz was chosen to receive the Visionary Service Leader Award for August 2007 for her volunteer service. This will be presented at a Community Progress meeting as Ms. Heinz was not available to receive the award at this Council meeting. She will receive the award on Thursday, August 30^th in Room 106 at City Hall. MOTION. Councilmember Hanna-Smith. Motion seconded by Councilmember Tatton. Motion Carried.

PLANNING AND ZONING COMMISSION

8. HOME OCCUPIED PERMITS

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

a. It’s All About You- 1101 S. Carbon Ave. #1- Holly Hartman, Owner- Business-Final

b. Christa’s Visual Communications-882 N. 900 E.-Christa Kaminski, Owner- Office Use-Final

c. Bent on Perfection-839 N. Pinewood Circle-George O’Neil, Owner- Business and Sign-Tabled

MOTION. Councilmember Nielson moved to approve items a and b as recommended by the Planning and Zoning Commission. Motion seconded by Councilmember Tatton and carried.

9. CONDITIONAL USE PERMITS

Councilmember Nielson reported that the Planning and Zoning Commission gave favorable recommendations for the following requests for Conditional Use Permits:

a. Don Marco’s Salon-60 W. Main- Mark Montoya, Owner- Business and Sign Final-Amendment

b. Walgreen’s- 1500 E. Main St. (approx) Hawkins Company- Building/Business-Concept Only

MOTION. Councilmember Nielson moved to approve items a and b as recommended by the Planning and Zoning Commission. Motion seconded by Councilmember Hanna-Smith and carried.

CONSENT ITEMS- MOTION. Councilmember Tatton moved to approve items #10 through #22. Item #10 was removed for discussion. Motion seconded by Councilmember Davis and carried.

10. JUDGES OF ELECTION FOR 2007- General Election

11. POOL- Authorization to Advertise and Hire Part-Time Clerks and Lifeguards for the Price City Pool

12. POOL- Authorization to Receive Bids for New Plaster Surfacing of the Wave Pool

13. RESOLUTION 2007-18- Authorization to Adopt Resolution 2007-18 Approving a Revised Job Description for the City Recorder

14. SUBSTANCE ABUSE DETECTION PROGRAM- Authorization to Execute a Contract with Blueline Health Services to Administer a Substance Abuse Detection Program

15. BUSINESS LICENSE- Authorization to Approve a Business License for 690 West Price River Drive, A Perfect Smile PLCC, Dental Office

16. TRAVEL REQUEST-

August 22, 2007

Lisa Richens, Linda Allred, Bret Cammans, Wilma Barnett- Caselle Computer Program Training- October 24 and 25, 2007-SLC

Bret Cammans- Developers Tech Conference, November 5-8- Las Vegas, NV.

17. POOL- A Swim Day will be held on August 25, 2007 from 12 noon to 8 p.m. with All Admission Fees from August 25th Donated to the Local Miners and their Families

18. RESOLUTION 2007-19 Authorization to Approve Resolution 2007-19 Adopting Job Descriptions for the New Roles of Utility Infrastructure Technician and Utility Supervisor/Customer Service Specialist

19. UTILITIES- Authorization to Approve Non-Competitive Promotion of Heather Sandoval to the Position of Utility Supervisor/Customer Service Specialist

20. UTILITIES- Authorization to Approve Reclassification of Ken Harney to the Position of Utility Infrastructure Technician

21. UTILITIES-Authorization to Approve Change in Reporting Relations of Meter Readers to the Utility Supervisor/Customer Service Specialist

22. M&M ASPHALT SERVICES- Authorization for Final Payment- Slurry Seal, Class ‘C’ Roads-Change Order #1 in the Amount of $89,566.25

M&M Asphalt Services has completed all of the required slurry seal on selected City streets. A change order is necessary to address as-built quantities, resulting in the addition of $2,416 and a revised contract of $89,566.25. The final payment will be $89,566.25.

23. MINUTES –

August 8, 2007 City Council

Item 6, line 6- add Mont Harmon Junior School, Carbon High School and the Lighthouse

MOTION. Councilmember Hanna-Smith moved to make the added changes and to add the three schools to the draft MOU agreement. Motion seconded by Councilmember Tatton as amended and motion carried.

24. PRWID- Update by Councilmember Tatton

Discussion at the last PRWID Board meeting occured on the following items:

-Audit: transfers, bookkeeping items

-District is running figures for possible rate increases

-Outside Water purchase agreement for water users

-Helper water shares will be used towards cost of water purchased from PRWID

-Ordinance to limit time to 24 months for approval of water and sewer connection of developers

-Ordinance on dead end water lines

-Resolution for staff to make adjustments on bills as necessary

-Medicare issue- resolved issue by special election of employees and vote on Sept. 16^th

-Possible impact fee adjustments

25. COMMUNITY PROGRESSS- Update by Councilmember Hanna-Smith

The two kiosks at Heritage Park and the Peace Gardens are installed and being used. The “you are here” map has been made. Councilmember Hanna has an idea for a business directory with a map of local retail businesses to add to the kiosk. The Carbon County Travel Bureau could be responsible for the directory and its maintenance. All of the details still need to be worked through but the concept is there. The Mayor and Council all agreed to the implementation business directory, concept.

26. POWER BOARD-Update by Councilmember McEvoy

The Power Board is working on a conservation education program to present to students at the local elementary schools. A city employee would provide the training sometime in January. The Council voiced approval of continuing with the conservation training program, as suggested.

27. WATER RESOURCES-Gordon Creek Water Right Application- Update by Gary Sonntag

Water Right Application to Appropriate Water #91-282 (A32802) from Gordon Creek is nearly 50 years old. Notice to show “Proof of Beneficial Use” was received by Price City and is due on August 31, 2007. It is unlikely the State Engineer will approve another extension unless improvements are built and this water is put to use. This has been turned over to Hansen, Allen & Luce Engineering (HAL) for advice. The original application to appropriate water, dated March 7, 1961 was for municipal use of winter water only. The application was approved on August 20, 1962 and granted an annual diversion of 770 acre-feet of water which would be stored in a reservoir having a 1550 acre-foot capacity. Storage facilities required by the application approval were never constructed. Through Hansen Allen and Luce’s (HAL’s) evaluation, the last 27 years of winter water flow only amounted to 1.6% of recorded water. It is unlikely the State Engineer would approve a change in the application to move the point of diversion. The flow within Gordon Creek is insufficient to justify the continued maintenance and potential capital costs that are associated with this water right application. HAL recommended that the application be allowed to lapse and that Price City eliminate it’s use potential from future planning. Gary Sonntag, City Engineer concurs with Hansen Allen and Luce (HAL) and asked the Council to approve this recommendation and to allow staff to contact the state engineer notifying them of the City’s intention to not file for an extension and to allow the application to lapse. This is only in regard to an application to appropriate water as water rights were never purchased. MOTION. Councilmember Tatton moved to allow the water right application to expire. Motion seconded by Councilmember Hanna-Smith. Motion carried.

27. UNFINISHED BUSINESS:

a. Committee Review for Street Banners

b. Road Audit- 200 and 400 North- 100 E.

c. Curb, Gutter and Sidewalk Improvements on 2^nd South

d. Sale of Property- 6^th South- Wetlands

e. Sale of Property- West of Pioneer Park

f. Basso Dino-Mine Playground- Update by Mayor Piccolo

A trail around the park is being established. The wall is ready for completion. A conduit is being installed for lighting. Landscaping is done on a weekly basis and will be a continuous project until everything is complete.

g. School Resource Officer (SRO) - Memorandum of Understanding (MOU)

Councilmember McEvoy questioned why the SRO position had begun before the MOU had been approved and signed between both parties involved. Chief Shilaos stated that the school board had received the MOU and agreed to its terms on the draft copy. The draft had grammatical errors that needed to be fixed before a revised version could be signed. The MOU should include the following schools as the main areas that the SRO will be used: Carbon High, Mont Harmon Junior High and the Lighthouse. Councilmember Davis questioned a section in the MOU as to whether or not evaluation information from the schools principals or staff could be then added to the Price City employee’s personnel file, and whether or not anyone other than the Price City Supervisor of the SRO and Human Resource Director would have access to the personnel file. A school official or employee of anyone other than Price City would not have access to a Price City employee’s personnel records. Price City will evaluate as a police officer performing duties as an SRO as this is just an assigned duty for the police officer. The school principals would give an evaluation of the SRO’s performance to be considered during the Price City evaluation of that officer. All input from the schools would be considered during annual evaluations of the SRO. MOTION. Councilmember Hanna-Smith moved to approve the MOU with the stated additions and to remove this item from unfinished business. Motion seconded by Councilmember Tatton and carried.

Meeting adjourned by Councilmember McEvoy at 7:26 p.m.

APPROVED:

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ATTEST: Joe L. Piccolo, Mayor

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Laurie Tryon, City Recorder