Minutes of The Price City Council Meeting

City Hall: Price, Utah

September 13, 2005, 5:30 p.m.

Present: Joanne Lessar, City Recorder

Councilmembers: Pat Larsen, Finance Director

Betty P. Wheeler Nick Sampinos, City Attorney

Stephen L. Denison - Via Speakerphone Gary Sonntag, Public Works Director/City Engineer

Richard Tatton Nick Tatton, Community Director

Jeanne McEvoy John Daniels, Human Resource Director

Mae Aguayo Bret Cammans, Customer Services Director

Aleck Shilaos, Chief of Police

Excused: Mayor Joe L. Piccolo

Others Present:

Kathy Murray Dane Morley Rick Davis Kathy Dahl

Councilmember McEvoy led the Pledge of Allegiance. Roll was called with the above members present.

1. MAYOR PRO-TEM - Councilmember Jeanne McEvoy

In the absence of Mayor Piccolo and in compliance with Ordinance #2002-001, Councilmember McEvoy will act as Mayor Protempore.

2. COUNCILMEMBERS REPORT - Update

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

3. VISIONARY SERVICE LEADER AWARD- Kathy Lynn Dahl

Councilmember Wheeler presented the Visionary Service Leader Award for the month of August, 2005, to Kathy Lynn Dahl for her involvement in the community.

4. CHARTER SCHOOL CROSSING GUARD - Approved

Aleck Shilaos reported that the Charter School is experiencing periods of chaos when parents deliver their children to and from school. The school currently has temporary buildings and a temporary drop off area, which should be alleviated when the facility has been completely renovated. He requested permission to place a 4-way stop at the intersection of 300 North 600 East and to establish a crossing guard at that location. Under current policy, a funding arrangement needs to be worked out with both charter and private schools. Regular schools fall under the responsibility of the local authority. The Crossing Guard=s station will be placed on the corner but once the renovation is complete, he would like to move it to the middle of the block so that kids from either corner can move to the middle of the block to cross the street. MOTION. Councilmember Tatton moved that Chief Shilaos be authorized to work with Gary Sonntag on resolving this issue and to come to an agreeable decision on funding a Crossing Guard and any equipment necessary. Motion seconded by Councilmember Wheeler and carried by those present (Councilmembers Wheeler and Tatton and Councilmember Denison on the speakerphone). Nick Sampinos recomended that this item be ratified upon the arrival of Councilmember Aguayo.

MOTION. Councilmember Tatton moved that a short break be taken at 5:55 p.m. Motion seconded by Councilmember Wheeler and carried.

Meeting Reconvened upon the arrival of Councilmember Aguayo at 6:05 p.m.

CHARTER SCHOOL CROSSING GUARD ITEM #4 REVISITED

MOTION. With Councilmember Aguayo present, Councilmember Tatton moved that the action taken on Item #4 be ratified. Motion seconded by Councilmember Aguayo and carried.

September 13, 2005

5. ADVANTAGE PLUMBING - Home Occupied Business Approved

Mayor Protem McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of Travis Donathan to operate a plumbing business from his home located at 621 East 100 South upon presentation of a contractors license. MOTION. Councilmember Wheeler moved that the business be approved upon the purchase of a business license and proof of a contractors license. Motion seconded by Councilmember Tatton and carried.

6. BJ MOTORS - 82 North 200 East - Business and Sign - Conditional Use Permit - Tabled

7. OCTOBERFEST, BEEHIVE CHECK LOANS, ATWOOD AUTOMOTIVE AND ATV, DAVE O=BRIEN, MASONRY MASTERS, INC. - Conditional Use Permits Approved

Mayor Protem McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits per the stated stipulations..

Octoberfest - A Frame Signs

Beehive Check Loans - 856 East 100 North - Business and Sign (Subject to the sign having a ten foot clearance)

Atwood Automotive and ATV - 140 East 100 South - Business and Sign

Dave O=Brien - Construction of 800 Westwood Boulevard Intersection (Subject to installation of

street improvements and receipt of a Development Agreement prior to beginning construction on the property).

Masonry Masters - 1416 East Airport Road Subdivision - Preliminary and Final

MOTION. Councilmember Wheeler moved that the requests be approved per the above stipulations and that Conditional Use Permits be issued. Motion seconded by Councilmember Aguayo and carried. It was noted by Councilmember Tatton that he owns the office building that is occupied by Beehive Check Loans.

8. ELKRIDGE SUBDIVISION - 485 West 800 South - Plant Amendment Approved, Development Agreement Extended

Mayor Protem McEvoy reported that the Planning and Zoning Commission reviewed the request of Elkridge Subdivision for a plat amendment and recommended approval, as some of the lots in the subdivision are so close to Fairgrounds Road, they have had to change the property lines on the south side. When Elkridge requested their second phase be constructed, they were required to construct curb, gutter and sidewalks along Fairgrounds Road, as is the standard procedure. When Elkridge moved forward and contacted Carbon County to determine exactly where their property line was, it was found that there was an error in the property line description. Elkridge did not own as much property as they thought they did. The road has a wider right-of-way. At this point, Carbon County is not sure what they will do on Fairgrounds Road because of the trail access that is planned. Therefore, there is not enough room to put in curb, gutter and sidewalks. Carbon County does not want these improvements constructed until the outcome of the trails improvements have been decided. Elkridge is asking that road improvements be deleted from the prior Conditional Use Permit. Nick Tatton stated that the trails road is scheduled to cross the old 3^rd West bridge on the river and run up Fairgrounds Road. The County hasn=t determined which side of the road to have a fairly large easement and until this is determined, the County would like a waiver on the curb and gutter requirements so that improvements are not constructed and then dug up a short time later. MOTION. Councilmember Tatton moved that the plat be amended for the lot lines and that the Development Agreement for the curb, gutter and sidewalks be extended for one year from the date of the Development Agreement and that it be reviewed at that time. Motion seconded by Councilmember Aguayo and carried.

9. PRICE RIVER DRIVE BUSINESS PARK - Plant Amendment Approved, Public Hearing Scheduled For Zone Change

Mayor Protem McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of the Price River Drive Business Park For A Plat Amendment and Zone Change. MOTION. Councilmember Aguayo moved that the request be approved and that a Public Hearing be scheduled for the zone change. Motion seconded by Councilmember Tatton and carried.

September 13, 2005

10. TKJ, INC. - Group Home At 550 East 400 South - Tabled

11. TKJ, INC. - Group Home At 870 North 300 East Approved

Mayor Protem McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to TKJ, Inc., to operate a group home located at 870 North 300 East subject to the purchase of a business license, proof of a state license and that they pass a fire and health inspection. MOTION. Councilmember Wheeler moved that the group home be approved at the

above location pending the above stipulations. Motion seconded by Councilmember Aguayo and carried.

12. ORDINANCE #2005-004 - Price North 2005 Annexation

MOTION. Councilmember Tatton moved that a Public Hearing be held to receive public comments on the Price North 2005 annexation. Motion seconded by Councilmember Wheeler and carried. Mayor Protem McEvoy opened the Public Hearing at 6:17 p.m.

Nick Sampinos explained that for consideration tonight is an ordinance that will declare annexation of 39.46 acres in north Price.

Rick Davis asked if this area is above the new park? Nick Tatton stated that it wasn=t, that it is further east. Nick explained that it is north above the old BLM property and zigzags south of the Sheriff=s Posse. It is north of Swifts Stop and Shop.

Kathy Hanna Smith asked if this is Federal land? Nick Tatton stated that some is State ground, but most of it is City owned.

MOTION. There being no further comments, Councilmember Wheeler moved that the Public Hearing be closed. Motion seconded by Councimlember Tatton and carried. Public Hearing closed at 6:20 p.m. MOTION. Councilmember Tatton moved that Ordinance #2005-004, adopting the Price North 2005 Annexation be approved, that the Mayor and City Recorder be authorized to sign the Ordinance and that it become effective upon publication. Motion seconded by Councilmember Wheeler and carried.

CONSENT ITEMS. MOTION. Councilmember Aguayo moved that Items #13 through #34 be approved. Motion seconded by Councilmember Wheeler and carried.

13. MINUTES - August 24, 2005, September 2, 2005

14. RESOLUTION #2005-14 - Consideration For Adoption of A Resolution Authorizing The Issuance and Confirming The Sale of Taxable Sales Tax Revenue Bonds, Series 2005 In An Aggregate Principal Amount of $225,000 (The ASeries 2005 Bonds@) of Price City, Utah (The AIssuer@), For The Purpose of Financing The Renovation of An Existing Building To House Administrative Offices and Programs and Related Improvements And Paying The Costs of Issuing Said Series 2005 Bonds; Prescribing The Form of The Series 2005 Bonds To Be Issued, The Terms and Conditions of Issuance and Retirement and The Security Therefor; Providing For The Collection, Handling and Disposition of Certain Sales Tax Revenues of The Issuer That Are Pledged For The Payment of Said Bonds; Authorizing The Taking of All Other Actions Necessary To The Consummation of The Transactions Contemplated By This Bond Resolution; and Related Matters.

15. NOTRE DAME DE LOURDES PARISH - Conditional Use Permit Fee Waived

16. RESOLUTION #2005-15 - Establishing The Requirements For Cash Deposits For All Utility Services On Residential Accounts and Setting Forth Conditions For Refunds Thereof.

17. GARY SONNTAG - Travel Approved - American Public Works Association Fall Conference, October 5-6, 2005, West Valley City, Utah

18. PRICE CITY POLICE DEPARTMENT - Permission To Seek Two Grants ($100,000 Each) From USDA Rural Development For Construction of New Police Department

September 13, 2005

19. COASTAL PLAINS ENERGY, INC. - Request To Lease Price City Land/Mineral Rights In Miller Creek Area (Three Leases - SE 1/4 of Section 22, Township 15 South, Range 10 East. SLM;

S 3/4 NW 1/4 SW 1/4 of Section 23, Township 15 South, Range 10 East, SLM; NW 1/4 NE 1/4 and NE 1/4 NE 1/4 of Section 26, Township 15 South, Range 10 East, SLM).

20. INDOOR SWIMMING POOL WINDOW REPLACEMENT - Permission To Accept Proposal Of CJ=s Do It Center (RL Krompel Contracting)

21. ROAD MAINTENANCE AND IMPROVEMENTS - Permission To Proceed With Street Improvement Projects Using CIB Funds (New Construction On 300 East/1100 North to 1200 North, Adjacent to Cove Basin Park; Pavement Milling and Overlay On Airport Road; Slurry Seal On Selected City Streets; Partial Reconstruction On 700 East At 900 North, Adjacent To The City=s Citizens Service Property CIB funds.

22. AIRPORT ROAD PAVEMENT TESTING - Contract With Applied Geotechnical Engineering Consultants - $2,000 To $2,500 (Part Of CIB Funds)

23. CAVE HOLLOW II SUBDIVISION - Partnership Agreement With Smith Byrd, LLC To Complete Street Improvements On The East Side of 300 East Adjacent To Cove Basin Park - $40,198.28 (Part Of CIB Funds)

24. MAIN STREET PROGRAM - Permission For Accounting To Set Up New Fund

25. SMUIN, RICH & MARSING - Contract For Auditing Services

26. RESOLUTION #2005-16 - Amending Price City Personnel Policies and Procedures Specific To Employment References

27. RESOLUTION #2005-17- Adopting New Job Descriptions For Carpenter I, Carpenter II, and Senior Carpenter

28. MAIN STREET PROGRAM COORDINATOR JOB DESCRIPTION - Acceptance of Job Description and Authorization To Advertise and Hire A Part Time Employee

29. ANGELA ATWOOD - Accept Resignation As Fire Fighter

30. RON ROPER - Accept Retirement As Fire Fighter

31. NEW HIRES - Rudy Metelko, Dale Maxfield, Part Time On-Call Fire Fighters

32. CEMETERY DEPARTMENT GROUNDSKEEPER - Permission To Advertise and Hire

33. TRAVIS BYRGE - Promotion From Carpenter II, Grade 9 To Senior Carpenter, Grade 10

34. FIRE DEPARTMENT CHIEF - Permission To Advertise and Hire Upon Receipt Of Retirement Notice By Existing Chief

35. TKJ, INC. - Request To Waive Business License and Conditional Use Permit Fee Denied

Mayor Protem McEvoy presented a letter submitted by TKJ, Inc., requesting that business licenses and Conditional Use Permit Fees be waived for their Agroup homes@ located at 550 East 400 South and 870 North 300 East, as they are a private non-profit organization. MOTION. Councilmember Tatton moved that since the request for a group home at 550 East 400 South was tabled in Item #10, that the Conditional Use Permit fee be refunded, but that the request for a waiver for the business license and Conditional Use Permit Fee for the group home located at 870 North 300 East be denied. Motion seconded by Councilmember Wheeler and carried.

Councilmember Aguayo left the meeting at 6:30 p.m.

September 13, 2005

36. SUN CENTER - Permission To Conduct A 5K Race For A Fund Raiser

Dane Morley from the CEU Sun Center requested permission to conduct a 5K Race as a fund raiser for the residents of Louisiana, Mississippi and Alabama who were victims of Hurricane Katrina. He explained the race routes which are proposed for the northern part of Price and requested assistance from the Police Department to regulate traffic particularly at the

intersections. As some of the routes are in the city and some are in the county, Police Chief Shilaos recommended that Mr. Morley get together with him and the County Sheriff to work out the details to be reported at the next meeting.

37. INTERNATIONAL DAYS - Update

Nick Tatton reported that a private individual has donated $500 to the Carbon County Travel Bureau to be applied towards International Days.

Meeting adjourned at 6:40 p.m.

APPROVED:

ATTEST: Jeanne McEvoy, Mayor Protempore

Joanne Lessar, City Recorder