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MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 at 7:00 p.m. in the Vernal City Council Room, 447 East Main, Vernal, Utah 84078. MEMBERS PRESENT: Mayor Mashburn, Councilmembers Cal Dee Reynolds, Sonja Norton, Bert Clark, Cal Dee Reynolds and JoAnn Cowan. Councilmember Dennis Glines was excused. STAFF PRESENT: Ken Bassett, City Manager, Roxanne Behunin, Deputy City Recorder, and Mike Davis, Finance Director. INVOCATION: The invocation was given by Councilmember Sonja Norton. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Mayor Mashburn. APPROVAL OF THE MINUTES OF SEPTEMBER 20, 2006: Councilmember Sonja Norton moved to approve the minutes of September 20, 2006 as written. Councilmember Cal Dee Reynolds seconded the motion. The motion passed with a unanimous vote of the members present. Councilmember JoAnn Cowan was not present for the vote. INTRODUCTION OF NEW FULL-TIME EMPLOYEE CLINT MORTON: Ken Bassett explained that Clint Morton comes to Vernal City from Dutch John, received his CDL license and is now a full-time street employee. Mayor Mashburn welcomed Clint aboard. Councilmember Reynolds asked if he was related to the other Mortons. Clint explained that his father is Dave Morton. Ken Bassett stated that he was happy to have Clint working here and introduced him, individually, to the Council and Mayor. MEIER ANNEXATION: Ken Bassett explained that approximately a month ago the City received this annexation request from Troy and Annette Meier. The location of the property requested to be annexed is next to west Highway 40 by the Pepsi plant. He showed the Council the location of the property on a plat map and explained that the annexation includes approximately four acres. Further, Ken explained that after the Council initially approved the annexation for further consideration, he and the City Attorney went through the formal legal process required by State statute to review all the requirements of the annexation. However, Ken explained that the annexation laws of the State are riddled with a lot of contradictory language. The annexation certification process requires the city recorder and attorney to make sure that the petitioners that have signed the annexation request are the legal owners of the property, that a surveyed plat is included and the documents are recordable with a legal description. Ken Bassett stated that this annexation does meet this criteria. However, in a separate section of State code, there is a section that indicates a municipality cannot annex property that creates an unincorporated pennisula. The annexation section of the code does not address this issue, while another section talks about peninsulas that do not receive municipal type services. Ken stated that in his opinion this annexation would create a peninsula that would not be allowed and suggested that the small 60 foot parcel that connects to 1500 South be taken off the plat 1 7

MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 and not be included in this annexation to alleviate this problem. He explained that he has spoken with the potential developer of all of this property, and they have indicated that they will be purchasing the adjoining property to the 60 foot strip, and their intent is to annex that parcel. Once they own both sections, they can begin the annexation process that will bring in both properties and square up their development. Councilmember Clark asked what the size was of the section that needed to be dropped off the annexation. Ken Bassett stated that it is 60 feet wide by 282 feet deep. Ken recommended that the Council, based on the attorney's opinion, accept the annexation, as certified with the change discussed. If the certified annexation is accepted by the Council, then it will continue through the process with the City notifying all the affected entities and allow them the opportunity to protest. If it is protested, then the County's Boundary Commission becomes involved and must manage that process. Councilmember Bert Clark then moved to approve the certified Meier Annexation with the peninsula parcel removed. Councilmember Cal Dee Reynolds seconded the motion. The motion passed with a unanimous vote of the members present. Councilmember JoAnn Cowan was not present for the vote. BROOKLYN ANNEXATION: Ken Bassett explained that this annexation is located at 250 North 1300 West. The intent of the developer is to develop a residential subdivision in phases. Ken showed the Council the property requesting to be annexed on the plat map. He explained that the street to be extended on 250 North is actually owned by the City. Once the property is annexed, the Planning Commission can review the subdivision request for that phase. Ken explained that the City Attorney did make one comment regarding this annexation, and that is to have the City Recorder verify the signature on the annexation petition as the property owner and the individual has the right to sign for that company. Ken stated that this has been verified. Councilmember Sonja Norton moved to accept and certified the amended Brooklyn Annexation petition. Councilmember Bert Clark seconded the motion. The motion passed with a unanimous vote of the members present. Councilmember JoAnn Cowan was not present for the vote. PUBLIC HEARING: REZONE REQUEST - BARLOW - ORDINANCE NO. 2006-29: Ken Bassett explained that in August the Planning Commission and Council approved the Murray and Murray addition subdivision site plan located at approximately 500 North and 50 East. This subdivision is platted for twin home development which requires an R-2 zone. However, when the staff first reviewed this subdivision in June, it was assumed that the entire area was zoned R-2. Now it has been brought to the attention of the City that there are actually four lots that were zoned RA-1 and need to be rezoned by action of the Council. The Planning Commission has reviewed this request and recommends approval. Ken showed the Council a plat map of the lots involved. Mayor Mashburn asked if there were any public comments. There being none, Councilmember Cal Dee Reynolds moved to approve Ordinance No. 2006-29 and rezone lots 112A, 112B, 211B, 111A & 111B in the subdivisions. Councilmember Sonja Norton seconded the motion. The motion passed with 2 7

MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 a unanimous vote of the members present. Councilmember JoAnn Cowan was not present for the vote. AMENDMENT TO THE VERNAL CITY MUNICIPAL CODE, PLANNING & ZONING; a. COMMERCIAL BUILDING REQUIREMENTS - ORDINANCE NO. 2006-27 TABLED b. MOVEABLE CONTAINERS - ORDINANCE NO. 2006-28 - TABLED: Mayor Mashburn explained that these items have been tabled waiting for the Planning Commission to receive additional input before the Council considers any changes. REQUEST TO VACATE RIGHT-OF-WAY AT 1100 SOUTH 1000 WEST FROM LARRY & JEAN KLEIN: Ken Bassett explained that the City received a request from Larry and Jean Klein to vacate a right-of-way located at the west end of Robinwood Lane next to their home and Doyle Huber's home. Ken explained that the County Recorder's plat does not show a definitive line of the width of the right- of- way, however, it has been determined to be 66 feet. Ken showed the Council a plat map of the area and how the right-of-way abuts the neighboring properties. Also, Ken explained that two other homes owned by Mark Peterson and Robert Kay use the right-of-way as access to their property through a private lane. He explained that Glade Allred has also voiced concern about vacating the entire right-of-way as it would be difficult for the snow plow to turn around in this area without the space and would like to see the City maintain a portion of the right-of-way for that purpose. Also, Ken explained that he spoke with Mr. Doyle Huber who owns property to the west of this right-of-way, and he would like it maintained for the purpose of future development such as a future subdivision. However, there is the possibility of vacating a portion of the right-of-way where the Kliens have landscaped which is approximately 30 feet wide. Jean Klein stated that there is an irrigation ditch there that is conspicuous and a convenient end to the right-of-way would be the culvert and irrigation ditch. Councilmember Bert Clark stated that if the culvert is still used by the irrigators, there is a 15 foot right-of-way to maintain the irrigation line, and the City cannot vacate it. Ken Bassett stated that what he is suggesting is to vacate a portion of the right-of-way that is adjacent to the Klein's and further south of that road way that will not impact anyone. Councilmember Cal Dee Reynolds asked if this is the only access to the Kay and Pedersen property. Ken Bassett answered yes. Ken suggested that the property be surveyed in order to get a clear picture of the boundaries. Jean Klein agreed that they have tried to figure out the boundaries for the right-of-way and a private driveway. After further discussion, the consensus of the Council was to have the property surveyed and bring back the information to the Council for a final decision on vacating any of the right-of-way in this area. REQUEST TO SUBDIVIDE PROPERTY LOCATED AT 800 SOUTH 1830 WEST - UCIA: Ken Bassett explained that after many discussions regarding the future use of this property, the City Council and County Commission have determined to divide it and sell 3 7

MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 approximately 5.5 acres. The Planning Commission has reviewed this division of property and recommends approval. He explained that the initial use of the property has been a soccer field, and the elected officials wish it to remain a park with an additional acre and a half added to it for the purpose of adding parking and restroom facilities. Also, a 50 foot right-of-way from 750 South will be retained for additional access to the soccer fields. The direction has been given to place the property for sale, with a restriction for educational purposes K-12. Councilmember Sonja Norton asked who will install additional parking and the restrooms. Dan Rogerson stated that the Recreation District is grateful that the property will remain a park and will develop it appropriately. Mayor Mashburn asked if there were any public comments. There were no additional comments. Councilmember Sonja Norton moved to approve the division of this property as outlined. Councilmember Cal Dee Reynolds seconded the motion. The motion passed with a unanimous vote of the members present. Councilmember JoAnn Cowan was not present for the vote. REQUEST FROM UINTAH RECREATION DISTRICT FOR CITY PARTICIPATION IN THE INSTALLATION OF CURB, GUTTER, & SIDEWALK AND ROAD WIDENING AT RECREATION CENTER: Dan Rogerson explained that the plans have been approved for the construction of the recreation center, and it is an exciting undertaking. However, the cost of the building has escalated, and the project is approximately $3.5 million dollars over budget. The Recreation District Board downsized the project and moved a few things around , however, the funding is still short. The CIB funds are in the form of a loan that will have to be paid back over a 30 year period. He explained that there are two areas that the Recreation District Board would like the Council to consider­ the installation of curb, gutter and sidewalk around the perimeter of the property, and the widening of Vernal Avenue. He stated that in many communities, the municipalities work with the recreation departments to minimize those costs. Also, if the Recreation District has to bear the cost of these improvements, other cuts will need to be made to the project. Mayor Mashburn asked what the cost is for these improvements. Dan Rogerson stated that the curb, gutter and sidewalk is estimated at $50,000. Ken Bassett stated that the road work is approximately $30,000 to $40,000. Councilmember Norton asked if the Special Service District had been approached about helping. Ken Bassett explained that the Recreation District presented the site plan for the recreation center to the Planning Commission. During that presentation, the Planning Commission suggested that the Recreation District approach the Council to help with these costs. However, the developer is responsible to install sidewalk, curb and gutter. Also, they are required to widen south Vernal Avenue to make a full-width street. Councilmember Reynolds asked how much footage is involved. Ken Bassett explained that it is approximately 1000 feet. Councilmember Cowan asked if it would be a three lane road? Ken Bassett stated that it would look similar to what is to the north with a turning lane in the middle. Mayor Mashburn asked if this were a private commercial building, would the City require the same improvements. Ken Bassett stated yes. Councilmember Clark asked where the storm water will end up from this curb and gutter. 4 7

MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 Ken Bassett stated that he did not know, however, the City would be responsible for it. Mayor Mashburn stated that he brought up a good point as there are storm water problems in that area. Ken Bassett stated that the 500 South culterted ditch is used to carry storm water, and that there has always been a significant water problem on this corner. The last big storm, there was significant flooding east of Vernal Avenue. Ken stated that with all the landscaping planned for the Recreation District property there is the possibility to configure a storm retention area where the water can be retained and then filtered down in order to lessen the impact. He suggested that if the City were to participate with the cost of curb, gutter and sidewalk for the recreation center, maybe in turn the Recreation District can help the City with the storm water issue without creating an eyesore or negatively impacting their property. Mayor Mashburn asked Dan Rogerson if this was feasible. Dan Rogerson stated that yes, there is plenty of space that possibly could be used as a retention area. Ken Bassett stated that they are required to retain their own storm water, as well and possibly the City can look at creative ways to retain storm water in this area such as purchasing large containers that could be installed underground to let the water gradually dissipate. Mayor Mashburn stated that it would be critical to know where the water level is. Dan Rogerson stated that they have hit water around 9 feet deep. Ken Bassett stated that another possibility is to take the water down to Ashton Gulch. Councilmember Clark stated that would be great if it could be filtered. Councilmember Reynolds stated that possibly they could use the water for the landscaping when it is available. Ken Bassett stated that the staff would be willing to look at the Recreation District's needs and they could look at the City's need and come to a consensus of what could be done. Also, Ken suggested that the City involve the engineers to look at options as this will not be the answer for all the storm water problems in this area, but it might help alleviate some of it. Councilmember Sonja Norton asked how the roadway on south Vernal Avenue will be narrowed back down. South of the Recreation Center, Ken Bassett stated it will be similar to what the City has now. The consensus of the Mayor and Council was to have the staff work with the Recreation Board for a mutual and acceptable arrangement for development cost and storm water retention. Councilmember Cowan stated that the Recreation Board needs to understand that the City may be willing to help with the development of the recreation center building, but not for the next phase of the development. REQUEST TO PURCHASE CONFERENCE ROOM TABLE: Ken Bassett explained that Chief Jensen is requesting to be able to purchase conference room tables using the proceeds generated from the sale of confiscated or lost property. There was a net earnings of approximately $2000 to the general fund from the auction. He explained that there is a need for lighter, more manageable tables for the police department training room. Councilmember Sonja Norton asked if the existing tables would be sold. Ken Bassett stated that there may be other departments that could use them. Councilmember JoAnn Cowan moved to approve the request to purchase twelve conference tables and offer the old tables to other departments of the City. Councilmember Sonja Norton seconded the 5 7

MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 motion. The motion passed with a unanimous vote. CLOSED SESSION: Councilmember JoAnn Cowan moved to convene into closed session to hold a strategy session to discuss pending or imminent litigation. Councilmember Bert Clark seconded the motion. The Council was polled as follows: Councilmember JoAnn Cowan ....................................................................... aye; Councilmember Bert Clark .............................................................................. aye; Councilmember Cal Dee Reynolds.................................................................. aye; Councilmember Sonja Norton.......................................................................... aye; Motion passed and the Council convened into closed session. RECONVENE INTO OPEN SESSION: Councilmember JoAnn Cowan moved to reconvene into open session. Councilmember Cal Dee Reynolds moved to second the motion. The motion passed with a unanimous vote. LATE COMERS REIMBURSEMENT EXPENSE LATE COMERS : Councilmember Sonja Norton moved to direct the staff to negotiate with the property owner to reimburse them for the late comers expense. Councilmember Cal Dee Reynolds seconded the motion . The motion passed with a unanimous vote. ADMINISTRATIVE REPORTS: Public Safety: Ken Bassett explained that the Uintah School District completed their pedestrian study and determined that likely a crossing guard is not needed, just cross walks. However, the City will also conduct a traffic count for them on 500 South and 500 West. Sewer Board: Councilmember Cal Dee Reynolds stated that after seven years the Sewer Board now has the need to raise rates. The rates will increase from $12.48 to $14.35 which is a 20% increase, however, the Sewer Board will pick up 5% of the cost so the actual increase to the entities is 15%. Councilmember Cowan suggested that a letter be placed in the newspaper explaining the increase. Employee Recognition: Councilmember Sonja Norton explained that Glade Allred was given an award by the Vernal Area Chamber of Commerce for outstanding citizen. ADJOURN: There being no further business to come before the Council, the meeting was declared adjourned. ________________________________ 6 7

MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD OCTOBER 4, 2006 ATTEST: _________________________________ Roxanne Behunin, Deputy City Recorder (SEAL) MAYOR

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