Minutes of The Price City Council Meeting

City Hall: Price, Utah

October 12, 2005, 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 John Daniels, Human Resource Director

Jeanne McEvoy Aleck Shilaos, Chief of Police

Mae Aguayo

Excused: Nick Tatton, Community Director

Bret Cammans, Customer Service Director

Others Present:

Ray Morley Rick Davis Cindy Daniels Kent Boyack

Gregory S. Lowder Paul Bedont Ron Stefenoff Kevin Dunn

Sidney Nelson Ron Roper Pat Roper Maren King

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

1. PUBLIC INPUT - Maren King

Maren King, Public Relations Chairman for the Associated Students of the College of Eastern Utah, reported that the college is sponsoring a Ameet the candidates night@ on Tuesday, October 25, 2005, from 6:00 p.m. to 8:00 p.m. This will be held at the Jennifer Leavitt Student Center.

Councilmember Wheeler joined the meeting at 5:40p.m.

2. COUNCILMEMBERS REPORT - Update

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

3. ORDINANCE #2005-005 - West Price Re-Zoning

MOTION. Councilmember Denison moved that a Public Hearing be held to receive comments on the West Price Re-Zoning. Motion seconded by Councilmember Wheeler and carried. Mayor Piccolo opened the Public Hearing at 5:44 p.m. MOTION. There being no comments, Councilmember Denison moved that the Public Hearing close and that Ordinance #2005-005, establishing the re-zoning of an area in West Price be adopted, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication. Motion seconded by Councilmember Tatton and carried. The Public Hearing closed at 5:45 p.m.

4. RON ROPER - Retirement Recognition

Mayor Piccolo presented a plaque and a Acertificate of accomplishment@ to Ron Roper, honoring him for 30 years of service as a Volunteer Fireman.

5. ELKRIDGE SUBDIVISION - Development Agreement Extension

Councilmember Tatton reported that at the September 13, 2005 meeting, a motion was made to extend the Development Agreement for the Elkridge Subdivision for one year in order to allow Carbon County time to determine where their trail system would be placed. As the County has made the decision to place the trail system on the other side of the road, the Elkridge Subdivision will not need to postpone their improvements. MOTION. Councilmember Tatton moved that the motion made at the September 13, 2005 meeting be rescinded and that the Elkridge Subdivision complete their improvements in the normal way. Motion seconded by Councilmember Denison and carried.

6. HOME OCCUPIED BUSINESS - Sturdy 1 Service - Struck

7. HAND-N-HAND, THE COFFEE BOOK BREAK - Conditional Use Permits

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable

October 12, 2005

recommendation to the following requests for Conditional Use Permits contingent upon a walk through by the Building Inspector.

Hand-N-Hand - 585 East Main, Business Relocation and Sign

The Coffee Book Break - 585 East Main, Business Relocation and Sign

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

8. SOUTHEASTERN UTAH EYE CLINIC - Authorization To Remove Tree

Councilmember McEvoy reported that the Shade Tree Commission met and reviewed the request of Doctors Judy Saccomanno and Cory Callahan to remove the tree in front of the Southeastern Utah Eye Clinic located at 54 East 100 North. The Shade Tree Commission recommended that if the City were to follow the same procedure as was done with a similar request in 2001, that the Southeastern Utah Eye Clinic would pay the costs to remove the tree and pay for the purchase and installation of seven 1" diameter trees at $70.00/tree. MOTION. Councilmember Denison moved that the tree be removed at the owners expense with the condition that they purchase and install seven 7 trees at $70/tree as recommended, and that two trees be planted on the parkway and the other 5 elsewhere on City property. Further, that the tree be removed with the option of replanting it somewhere else. Motion seconded by Councilmember Wheeler and carried.

9. CANVASS OF ELECTION

The Mayor and Council acted as the Board of Canvassers for the October 4, 2005 Primary Election. Joanne Lessar reported that there were 10 Provisional Ballots. Out of the 10, eight were counted and added to the cumulative ballots cast. Two of the Provisional Ballots were not counted as they were not filled out properly.

Candidates Name Term and Office Total Votes

Patricia Colosimo Mayor - 4 Years 288

Joe L. Piccolo Mayor - 4 Years 568

Betty P. Wheeler Mayor - 4 Years 341

Rick Davis Councilmember - 4 Years 268

Jay Marshall Councilmember - 4 Years 237

Jeanne McEvoy Councilmember - 4 Years 509

John Kit Pappas Councilmember - 4 Years 379

Kathy Hanna Smith Councilmember - 4 Years 725

Jeff Nielson Councilmember - 2 Years 471

Don Reaveley Councilmember - 2 Years 294

Edwin G. Shook Councilmember - 2 Years 370

MOTION. Councilmember Tatton moved that the election results be accepted. Motion seconded by Councilmember Denison and carried.

CONSENT ITEMS. MOTION. Councilmember Denison moved that Items #10 through #18 be approved. Motion seconded by Councilmember Tatton and carried.

10. MINUTES - October 7, 2005

11. WILMA BARNETT - Travel Ratified - Caselle Annual Conference, October 12, 13, Salt Lake, Utah

12. UTAH ASSOCIATED MUNICIPAL POWER SYSTEMS - Amendment To Joint Cooperative Action Agreement

13. THE COFFEE BOOK BREAK, 585 EAST MAIN STREET - Economic Vitality Loan Fund In The Amount of $10,000, 5%, APR 24 Months

16. AIRPORT ROAD IMPROVEMENTS (CIB FUNDS) - Contract With Nielson Construction Company In The Amount of $170,056.00

17. POLICE DEPARTMENT - Permission To Receive Proposals and Purchase Items Using USDA Grant Funds

October 13, 2005

18. LA CASITA=S - Local Consent For Full Service Restaurant Liquor License

19. MINUTES - September 28, 2005

The following corrections were made to the minutes of September 28, 2005.

Item #1, Line 1 - Correct spelling of Marin King to Maren King

Item #1, Line 1 - Correct title of Maren King to Public Relations Chairman for Associated Students

Of the College of Eastern Utah

Item #4, Line 8 - Correct spelling of Coucilmember to Councilmember

MOTION. Councilmember Denison moved that upon the above corrections, that the minutes be approved. Motion seconded by Councilmember McEvoy and carried.

20. RESOLUTION #2005-21 - Establishing Operating Guidelines and Documents For Use With The Price City Economic Vitality Loan Fund Loan Guarantee Program

Councilmember Wheeler questioned if the Economic Vitality Loan Fund hadn=t already been approved. Mayor Piccolo stated that this is for the East Price expansion. It has to be set up separately for each development area. It is governed by the same body, but this one will be site specific where the downtown vitality loan fund is not. Nick Sampinos further explained that this is an expansion of services to provide an avenue for business owners to obtain a larger loan from a commercial enterprise and use the loan from the City as a guarantee. It is something new that others have used across the state. It is something Nick Tatton is recommending to see if it would help stimulate opportunities for those who would not be able to get a loan. MOTION. Councilmember McEvoy moved that Resolution #2005-21 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmemer Wheeler and carried.

21. RESOLUTION #2005-22 - Authorizing The Use of The Price City Main Street Program By-Laws To Guide The Operation of The Price City Main Street Program

Councilmember Wheeler stated that she would like to table this resolution until she has had a chance to review it further. Mayor Piccolo stated that he would hate to hold this up as he felt the board had already given the go ahead and a coordinator has been hired for the Main Street Program. They are generic bylaws. Nick Sampinos stated he went through them very carefully with Nick and made some suggested changes. They provide for the operation of the organization and if there are any concerns the way it is set up, it can be amended later. MOTION. Councilmember Wheeler moved that Resolution #2005-22 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Aguayo and carried..

22. EDWARD AND DEANNE MCKINNEY, DAVID AND SHAWNEE ARIOTTI - Update On Claim For Damages

Gary Sonntag stated that it has been over a year since Edward and Deanne McKinney and David and Shawnee Ariotti submitted their claims for a sewer back-up. The insurance company has reviewed the claims and denied them twice. In view of the action taken at the last meeting on a sewer claim, he asked if the Council would be receptive to taking another look at the claims and reimburse the above residents up to $1,000.0 each? Mayor Piccolo stated that in the Council=s action at the last meeting, it was clear that the City was liable, but he is not certain where the liability stands on these two claims. MOTION. Councilmember Tatton moved that the City=s Risk Manager review the above claims and make a recommendation to the Council. Motion seconded by Councilmember Denison and carried.

Meeting adjourned at 6:32 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder