Minutes of The Price City Council Meeting

City Hall: Price, Utah

September 24, 2003, 5:30 p.m.

Present:

Mayor Joe L. Piccolo Joanne Lessar, City Recorder

Councilmembers: Pat Larsen, Finance Director

Betty P. Wheeler Nick Sampinos, City Attorney

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

Richard Tatton Nick Tatton, Community Director

Don G. Reaveley, Jr. Aleck Shilaos, Chief of Police

Excused: Councilmember Jeanne McEvoy

Keith Wight, Human Resource Director

Others Present:

Richard Shaw Doug Horsley Clarence Ranney Linda F. Mellinger

Debbie Pappas Trudy Markosek Bret Cammans Grady McEvoy

Amy Richens Alexis Horlsey Joyce Daniels Art Daniels

Brad Crompton Francis Duzenack Debi Simmons Dave Jelsma

Mary Lou Vogrinec Albert Vogrinec Patricia Davis Jerry L. Davis

Robert Richens Jenny Richens Aureila Cooley Jeff Richens

Mike Metzger

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

1. PUBLIC INPUT - Trudy Markosek - Animal Cruelty

Price City resident Trudy Markosek reported that she has witnessed several incidents of animal cruelty and asked if the Council could pass an ordinance that would make the laws stricter against those that abuse animals. When reports are filed against animal abusers, it seem that they just get slapped and nothing more is done. Resident Linda Mellinger reported that she too has witnessed several incidents of animal cruelty and agreed with Mrs. Markosek that the laws and regulations need to be stronger. Nick Sampinos stated that at the present time, penalties against animal cruelty are Class B Misdemeanors. The State ordinance usually goes higher than City ordinances. Councilmember Denison stated that he would like to review the law that is currently in use regarding animal abuse and that this issue be placed on the next agenda for discussion to determine if it should be changed or improved. Resident Clarence Ranney asked what the guidelines were for animals that have bitten and if there was a procedure to have them destroyed. He referred to an incident where a particular dog has bitten 3 three different individuals. Mayor Piccolo stated that the law on this issue will also be reviewed to determine if it meets our needs or whether it should be changed.

2. COUNCILMEMBERS REPORT - Update On Individual Departments

The Mayor and Councilmembers presented updates on their individual departments.

3. LINDA JOHNSTUN - Visionary Service Leader Award

Mayor Piccolo presented the Visionary Service Leader Award to Linda Johnstun. Linda received the award because of her outstanding community service and assistance with the Price City International Days events.

4. MINUTES - September 5, 2003

MOTION. Councilmember Wheeler moved that the minutes of the September 5, 2003 meeting be approved as written. Motion seconded by Councilmember Denison and carried.

5. MINUTES - September 9, 2003

MOTION. Councilmember Denison moved that the minutes of the September 9, 2003 meeting be approved as written. Motion seconded by Councilmember Reaveley and carried.

6. 300 NORTH 300 WEST ROAD ACCESS - Remain Closed

Gary Sonntag presented a report regarding vehicle usage of 300 North 300 West Street. The

September 24, 2003

street is not paved and is in poor condition and overgrown with weeds. The road is steep, there is no curb, gutter, sidewalk or street lights, and a drainage problem exists. His conclusion is that this street should remain closed. It could be used by pedestrians or emergency vehicles only. Gary presented pictures to illustrate the area he just described. MOTION. Councilmember Denison moved that Gary=s recommendation be accepted and that the road be left closed as recommended. Motion seconded by Councilmember Wheeler and carried.

7. WATER TRANSMISSION PIPELINE, #1C-2002, HELPER INTERCHANGE - Condie Construction

Company - Change Orders, Partial Payment #16

Councilmember Wheeler presented two change orders to the contract with Condie Construction Co. for their contract on the Water Transmission Pipeline to adjust the project for as-built work. Change Order #9 increases the contract $3,418.27, which is for the Helper Interchange. Change Order #10 decreases the contract by $255,515.03. Also submitted is a partial payment in the amount of $44,680.00. An amount of $50,000 is being withheld until several punch list items are completed and the revegetation is completed in the Spring of 2004. MOTION. Councilmember Wheeler moved that the change orders and partial payment be approved. Motion seconded by Councilmember Denison and carried.

8. FREEDOM CHRISTIAN FELLOWSHIP CHURCH, CASTLE ROCK COFFEE, CUT ABOVE HAIR

SALON, JARED HADDOCK, LOS AMIGOS RESTAURANT, NOTRE DAME CHURCH OCTOBERFEST - Conditional Use Permits Approved

Francis Duzenack reported that the Planning and Zoning Commission gave a favorable

recommendation to the following requests for Conditional Use Permits per the stated contingencies.

Freedom Christian Fellowship Church - 510 and 550 East 100 South, Lot Line Adjustment and Construction of Parking Lot. This is to combine three lots. A parking lot will be located between the church and a dwelling on the property. They plan to place gravel on the parking lot this fall and pavement and concrete next spring. A temporary permit over a two year period for the pavement was recommended.

Castle Rock Coffee - 47 West Main, Business and Sign. This is the addition of a coffee shop in

an existing computer store. Subject to approval by the Health Department and the Building Department for the installation of a sink and whatever other changes are made in the kitchen area.

Cut Above Hair Salon - Relocation to 61 South 700 East, Business and Sign

Jared Haddock - 1762 East 50 South, Single Lot Subdivision. Stipulation that the road be dedicated now so that the City owns half of the right-of-way and enter into a contract requiring the installation of improvements at such time that the street is developed. This will be recorded against the property in the event it is sold, the new buyer will be obligated to install the improvements.

Los Amigos Restaurant - 353 South Highway 55, preliminary and final approval subject to complying with engineering recommendations when their review is complete.

Notre Dame Church Octoberfest - A Frame Signs, ratification of telephone poll.

MOTION. Councilmember Tatton moved that the above items be approved and that Conditional Use Permits be issued per the above contingencies. Motion seconded by Councilmember Denison and carried.

9. KROMPEL SUBDIVISION PHASE I - Conditional Use Permit - Tabled

Francis Duzenack reported that the Planning and Zoning Commission gave a favorable recommendation for Phase I (9 lots) of the Krompel Subdivision located at 1500 East Sagewood Road. The alternate plans show a 60 foot wide road way and a 110 foot right-of-way for a cul-de-sac. Mr. Krompel indicated to the Planning and Zoning Commission that this won=t work. This will only leave enough land on the top half to develop two lots. A power line runs diagonally across the property on the south side. The only thing that would work on this portion of the property would be a planned unit development or single use, such as a church or something of that nature. One driveway would be going into a common parking lot. The private driveway is wider than the one going into Cottonwood Village. Mr. Krompel is proposing a 40 foot roadway with a full 35 feet of paving, curb, and gutter. The paving will need to be narrower if a sidewalk is installed. The favorable recommendation was given with the stipulation that barricades be placed on the undeveloped roadway and driveway and subject to final review by the Engineering Department

September 24, 2003

and that Mr. Krompel comply with the engineers recommendations. Councilmember Dension asked about the north side of Sagewood Road. Francis stated that it met the requirements of a 60 foot right-of-way. At such time when the property is developed, the roadway will connect to 8^th North and onto Parkway. Phase I deals with Sagewood Road and a future phase will deal with Parkway. Mayor Piccolo questioned the 40 foot roadway and if it would be acceptable to City standards. Francis stated that it would not. However, it is a private driveway to access the planned unit development or whatever develops there. When the Engineering Department reviews the final plat, they will label it as a private driveway. It will definitely not become a public street. Mayor Piccolo felt that it might be prudent for the Planning Commission to indicate that the condition of that narrow road would limit the use of that back property and could not be developed into single lots. He does not see how three houses will support the infrastructure and roadway. By having a narrow roadway and not allowing the City to take possession, we are prescribing the use to that property that is not shown on the plat. The use would be limited, but it is not stated as a condition. If this property were to be sold in the future and the new owner wanted to develop three nice view lots at 2 acre per lot, we would not be able to stop it as there are no conditions that have been set. Nick Sampinos felt that a letter should be attached to the property and filed with the plat indicating what uses can be made on that property and what the restrictions are. MOTION. Councilmember Tatton moved that this item be tabled and placed on the next agenda for further discussion as to how this will effect the City and future development in this area and that the width of the street be set at 60 feet, which is what City standards are. Motion seconded by Councilmember Denison and carried.

10. SKIN INK - Economic Vitality Loan Fund Approved

Mayor Piccolo reported that the Economic Vitality Loan Fund committee reviewed the loan request of Skin Ink to purchase store fixtures (display cabinets and shelving) and retail sails inventory. The committee recommended approval subject to submission of a partnership agreement between the business principals, retail sales projections as requested, verification of the Price City utility payment history, and full payment of all loan closing costs including origination fee, credit report fee, and legal review fee. MOTION. Councilmember Denison moved that the recommendation of the committee be accepted per the above documentation. Motion seconded by Councilmember Wheeler and carried.

11. GARY SONNTAG, SUDA MERRIMAN, KENT JONES, JIM VALDEZ, FRANK LUJAN - Travel

Approved

Mayor Piccolo presented the following travel requests:

Gary Sonntag - American Public Works Association Conference, October 1, 2, 2003, West Valley City, Utah; Utah Floodplain and Stormwater Management Association Conference, October 16, 17, 2003, St. George, Utah

Suda Merriman, Kent Jones, Jim Valdez, Frank Lujan - Justice Court Conference, October 8-10, 2003, Salt Lake City, Utah

MOTION. Councilmember Wheeler moved that the travel be approved. Motion seconded by Councilmember Denison and carried.

12. RESOLUTION #2003-22 - Economic Incentive Development Policy

Nick Tatton presented Resolution #2003-22, establishing an Economic Development Incentive Policy. This policy encourages growth and development of areas outside of established Redevelopment Agency boundaries. MOTION. Councilmember Tatton moved that Resolution #2003-22 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.

13. CITIES AND COUNTY COMMON LOGO - Proposal Approved

Bret Cammas, IS Department, requested permission to approach Carbon County and the adjoining cities to use the same AHorizon Logo@ that Price City currently uses for stationery, billboards and car decals. This will provide a common identification for the cities and county from Scofield to Sunnyside. The committee he has been working with on this proposal consists of himself, Nick Tatton, Kathy Hanna-Smith, Ben Clement and DeLynn Fielding. MOTION. Councilmember Tatton moved that the request be approved. Motion seconded by Councilmember Reaveley and carried.

September 24, 2003

14. ASCENSION ST. MATTHEW=S CHURCH - 522 North Homestead Blvd., Final Release of

Development Agreement and Guarantee

Gary Sonntag reported that the Ascension St. Matthew=s Church has completed all of their conditions of approval within the public right of way and are eligible for a final release of the development agreement and guarantee in the amount of $15,417.20. MOTION. Councilmember Wheeler moved that the final release of the development agreement and guarantee be approved. Motion seconded by Councilmember Denison and carried.

15. CARBON COUNTY ROAD WIDENING - Acquisition of City Property Approved

Gary Sonntag reported that Carbon County has approached him regarding the acquisition of City property located in the Miller Creek area to accommodate the expansion of a County road. This would be a 33 foot by 2225 foot parcel of land that runs along the existing upper Miller Creek Road of which an existing portion is asphalt. Gary presented a map outlining the parcel of property. MOTION. Councilmember Denison moved that the parcel of land be deeded to the County. Motion seconded by Councilmember Tatton and carried.

16. ELECTION JUDGES - Primary and General Election Judges Approved

Joanne Lessar presented the following list of Judges of Election for the Primary and General Elections and requested that they be approved.

Indian Hills, #16 East Price, #17

Valora Anderson Dorothy Young

Louise Wilder Sally Thompson

LaDonna Hall Janet Warren

Alternate - Mae Aguayo Alternate - Leora Erickson

South Price, #18 Castle Heights North, #30

LaRue Bate Lynette Potts

Clyta Richens Barbara Savage

Theda Wimmer Betty Ruden

Alternate - Cindy Marshall Alternate - Hank Savage

Central Price, #31 Northeast Price, #32

Ilene Gibbons Ruth Burgess

Patricia Colosimo Pat Marinoni

Nina Hunt Lois Lundberg

Alternate - Vacant Alternate - Kaylynne Black

North Price, #33 Castle Heights, #34

Florence Sealey Cindy Ivory

Rose Denison Dana Dimick

Jo Ann Kissell Ann Evans

Alternate - Mary Worthen Alternate - Lisa Potter

MOTION. Councilmember Wheeler moved that the Judges of Election be approved. Motion seconded by Councilmember Denison and carried.

17. PAY RATE FOR ELECTION JUDGES - Approved

MOTION. Councilmember Denison moved that the pay rate for the Judges of Election be set at $65/day. Motion seconded by Councilmember Reaveley and carried.

18. YEARLY EVALUATION FOR PERMANENT/PT EMPLOYEES - Struck

September 24, 2003

19. IS DEPARTMENT POSITION - Tabled

20. WATER SAVING AND TREATMENT PROPOSAL - Update

Councilmember Tatton reported that Gary Sonntag is working with the Water Quality board on the issue of the water saving and treatment proposal. A representative will be down to hold a special class on that topic. Per the information received at the Utah League of Cities and Towns, Nick Sampinos will prepare a resolution for Price City to reuse the water. Councilmember Denison questioned the construction of a water treatment plant separate from the District. The District at one time discussed the possibility of using their treated water on an industrial/commercial basis. They treat approximately 2 million gallons/day at their plant in Wellington, which is almost the whole county. Perhaps 1 million of that comes from the City. Would the community be better served by the City building a second plant, treating it and bringing it back for our own use versus having an industrial/commercial outfit pursued on the south end where there is no cost for the entities and then direct our efforts to pipe the canal water and reuse that as a secondary system. A second thought would be to use the Districts treated water and pump it from the treatment plant back into the City. There would be no building costs, but there would be pumping costs. He would like to see this thought included in this issue. Councilmember Tatton stated that he had no problem looking at this. If a new treatment system is a $2 million project, then it definitely would not be feasible.

21. NORTHEAST PRICE SEWER BACKUP - Update

Nick Sampinos reported on the Northeast Price sewer backup claims. An insurance adjuster has reviewed the claims and will be asking the St. Paul Insurance Company to settle and pay the claims.

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

Meeting adjourned at 7:05 p.m.

Reconvened at 7:11 p.m.

Meeting adjourned at 7:34 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder