Gunnison City Council Public Hearing and Meeting Minutes Wednesday, August 17, 2016, 7:00 PM Gunnison City Hall, 38 West Center Gunnison, UT 84634

Present: Mayor Bruce Blackham, Gunnison City Councilmembers: Robert Andersen, Thayne Carlisle, Blake Donaldson, Andy Hill and Blane Jensen, City Recorder Janell Braithwaite, Police Chief Trent Halliday, Deputy Warden Shane Nelson, P&Z Chairperson Michelle Smith, Greg Smith, P&Z Secretary Karen Prisbrey, Hospital Boardmembers Shawn Crane and Janette Andersen and Anita Lyons with the Gunnison Gazette

Conducting: Mayor Bruce Blackham Invocation: Councilmember Blane Jensen

7:00-7:30 p.m. Public Hearing to Receive Public Comment Regarding a Proposed Vacation (Vacate) of Part of the River Bend Subdivision (generally identified as Phase 2 and 3) and Located in the vicinity of 500 South and 400 East Street, Application Submitted by John Mogle and Kasey Petersen

Councilmember Jensen made the motion to open the Public Hearing to receive comment regarding a proposed vacation of part of the River Bend Subdivision. Councilmember Andersen seconded the motion. The motion passes with a 5-0 vote.

Kasey Petersen summarized the reasons for applying to vacate part of the River Bend Subdivision which is currently owned by himself and John Mogle. He noted all three phases had been recorded when only the first phase was to be recorded so they had been paying taxes on all of the lots even though they hadn't been developed. It was their intent to take phase 2 and 3 back into one parcel then apply for an amendment to their subdivision plan as quickly as they were ready. Michelle Smith, P&Z Chairperson, noted they had 180 days to apply for the amendment or it would need to start all over as a new subdivision. Councilmember Jensen reported this had already been to the Planning Commission, and had been recommended to the Council for approval to vacate phases 2 and 3 of the River Bend Subdivision. Chairperson Smith questioned if the City would be compensated for the almost 1.9 acres that the city owns for the road. P&Z Secretary Prisbrey read the unapproved minutes from the last P&Z meeting that this item had been discussed. John brought up the property he and Kasey had donated to the City in helping with the Riverwalk project noting they would be more than willing to reimburse the City for their expenses in acquiring the road. Recorder Braithwaite will research the costs and get a copy to John and Kasey, but felt the expenses were approximately $216.

Gunnison Valley Hospital Report ~ Janette Andersen

Shawn Crane and Janette Andersen, the current Gunnison City representatives on the Gunnison Valley Hospital Board, wanted the Council to know the hospital is still running strong while maintaining a balanced budget. Shawn reported this is a big compliment to the administration especially where most rural hospitals are struggling and aren't doing so well. Shawn reported Dr. Robertsen is the new Orthopedic Surgeon, and has already done quite a few surgeries at the hospital. His history was summarized, and it was noted his office has been very busy. Shawn felt it was important for the hospital to have that expanded realm of service. Shawn revealed the hospital had just purchased an MRI machine/trailer in partnership with two other hospitals, and felt this would help them control the scheduling better. Shawn reported they were looking into updating the HVAC system and noted the issues they have had with the current system. Janette reported there are only 1300 critical care hospitals in this country and Gunnison Hospital is one of the top 100 hospitals in 2016.. The upcoming training was reviewed as well as the Health Fair that was scheduled for September 10th. It was also noted that a couple of the clinics had extended their hours to cover more evening hours as requested by the Council at a previous council meeting. The discussion turned to the possibility of IHC expanding closer by, and Shawn reassured the Council the hospital has done well despite being in between two large IHC hospitals already. -1- -2- The Mayor turned the discussion back to the Public Hearing. Councilmember Hill suggested the City approve the partial vacation of the subdivision and let John and Kasey move forward. The Council unanimously agreed with this, while at the same time wanting to make sure all of the proper steps were followed in the process. P&Z Chairperson Smith made the Planning Commissions wishes known as well to be sure this was properly done. She stated the City paid a lot to make sure the ordinances are followed that have been put into place. She also felt there was a little more work that needed to be done before it could be vacated and referred to the plan presented in the P&Z meeting. In reviewing the Planning Commission's recommendation from April 27, 2015 which was composed by the City's Land Use Hearing Officer, Bruce Parker, Councilmember Jensen detailed each item in the statutory requirements and guidance offered from the Utah Code. Councilmember Jensen stated specifically from Section 10-9a-609-5 the Utah Code provides guidance that a petition to vacate some or all of a public street, right-of-way, or easement shall include: a. the name and address of each owner of record of land that is: i. adjacent to the public street, right-of-way, or easement; or ii. accessed exclusively by or within 300 feet of the public street, right-of- way, or easement; and b. the signature of each owner under Subsection (1)(a) who consents to the vacation. Councilmember Jensen verified the City had received this, the proper public hearing had been held in accordance with Section 10-9a-208 and the Council had determined that good cause existed for the vacation; and the public interest or any person would not be materially injured by the proposed vacation if John and Kasey would reimburse the City for the expenses incurred to acquire the road.

Councilmember Hill made the motion to close the Public Hearing to receive public comment regarding a proposed vacation of part of the River Bend Subdivision. Councilmember Andersen seconded the motion. The motion passes with a 5-0 motion.

Proposed Approval for Partial Vacation of River Bend Subdivision

Recorder Braithwaite noted the Council could hold the written public comment time open until a specified date if they so chose to receive any further comments regarding this request. Mayor Blackham reported the Council had received quite a bit of information and, the Council unanimously agreed they had heard enough, and would like to move forward with this.

Councilmember Hill made the motion to approve the petition filed by Mr. Kasey Petersen and Mr. John Mogle to amend the River Bend Subdivision by vacating a part of the subdivision with the following requirements: 1. An Ordinance is prepared by the Planning Consultant, for consideration by the Council at a subsequent meeting, granting the Petition and containing necessary findings and meeting all Utah Code and Gunnison City Land Use Ordinance requirements, 2. The Petitioners prepare an amended River Bend Subdivision Plat, such Plat reflecting the vacation, and meeting all Utah Code and Gunnison City Land Use requirements, and 3. The Ordinance and Amended Plat only be presented to the City Council for approval when requirements 1 and 2 are met and the Amended River Bend Subdivision Plat is in a form suitable for recordation, as identified by the Planning Consultant and County Recorder. Councilmember Andersen seconded the motion. The motion passes with a 5-0 vote.

Discuss and Proposed Approval to Award Bid for Extension of Sewer Lines Utilizing Impact Fee Funds ~ Councilmember Andersen

Councilmember Andersen explained this bid had already been awarded at the last council meeting held on August 3rd, but he wanted to be sure everyone knew the Council needs to try to do as much as possible to do business locally, and give the citizens the best bang for their buck. The Council discussed the two bids received questioning if they were "apples to apples". The Mayor would like this information verified. Councilmember Andersen will review the information with the bidders to verify they are both for the same scope of work.

Discuss Amendment to Ordinance 2015-4, Unlawful Traveling and Parking of Large Vehicles ~ Councilmember Carlisle -3- Chief Halliday and Councilmember Carlisle reported on the work they had been doing and information they had gathered in preparation to update Ordinance 2015-4 to be the most efficient in protecting the City's infrastructure and roads. The discussion ensued regarding the road from the elementary school (300 East) to Centerfield and the vehicles that travel that road. He and Chief Halliday would like to add the weight limit of under 36,000 lbs. to that road as well, and would like to get some signage up once this is amended. Chief Halliday reported he has talked with several of the semi drivers that are parking on the side streets which is not allowed, and has been giving them warnings. Enforcement of the proposed amendments to the ordinance was reviewed noting those that didn't follow the law would have to receive citations. Councilmember Andersen brought up the damage the water from the farmers' sprinklers create to the roads especially with the heavy trucks crossing them when they are wet. Councilmember Jensen reiterated the school buses are lighter than the discussed 36,000 lbs. and fire trucks are exempt. This item will be added to the next agenda for proposed adoption.

Discuss Proposed Police Interlocal Agreement with Proposed Approval ~ Councilmember Jensen

Councilmember Jensen noted there had been one alteration to Section 10 of the document they had received. The alteration stated that those that have jobs now will have jobs at their current salary and benefits should this agreement come to pass. They won't be guaranteed any positions, but will have jobs. Councilmember Carlisle reviewed his understanding of the information enclosed in the interlocal agreement verifying that the two departments would be dissolved, and open for applications. Councilmember Jensen agreed with this stating that once the Chief's position is filled then the Chief would appoint the positions. Councilmember Donaldson noted that would give the entities involved five officers and would cover the three cities 16 hours per day, and someone would be on call for the rest. Councilmember Jensen noted the Chief would not be assigned to shifts, but would fill in on holidays and those shifts that didn't have coverage. Chief Halliday reported this merger would save money on equipment as well as give the cities a lot better resources. Councilmember Jensen explained they would like to see the supervisory committee come up with a set of bylaws once it is put together so they can have it how they would like it. It was noted that Centerfield had already held its public hearing and may be voting on the issue tonight. DW Shane Nelson stated he had attended this public hearing, and felt the valley would benefit from this merger. Councilmember Nelson, DW Nelson and Chief Halliday reported on a significant incident that had occurred this morning mentioning the benefits that the merger would have created in a situation such as this. DW Nelsen mentioned when there are more officers then it gives the rest of the officers more time for training and time off which is very beneficial for all. Recorder Braithwaite reported she thought it was interesting the resolution had to go through Lt. Governor Cox's office. Councilmember Jensen explained this was because this merger would create a new policital subdivision. Chief Halliday reported that in looking at all of this information there are benefits to all three communities. The governing board and executive board were discussed as well as the voting system that would take place in both. Chief Halliday reported the coverage between Gunnison and Centerfield has always gone both ways and they are always covering for each other all of the time anyway, and are already functioning very similarly to a merged department. Councilmember Jensen reported the next step would be to hold public hearing to adopt the interlocal agreement and once the three mayors have signed it then it would be sent to the Lt. Gov. office after which it could begin. Councilmember Andersen felt this merger would be a very positive thing and would like to see it move forward. It was noted Mayfield would need to do a little more work before they were ready since they would need to impose a fee to their citizens just like Centerfield does. This will be posted as a Public Hearing at the next council meeting for proposed approval.

Discuss City Right of Way on 200 North, Westbound ~ Councilmember Jensen

Councilmember Jensen reported Dr. Wade Anderson had got a fence permit and in the process of having his property surveyed, it was noted his property line was in the city's right of way. He explained Dr. Anderson is concerned that if he ever sold the home there would be some problems with this. Councilmember Jensen noted there was a 100' right of way at this location and mentioned all of the other right of ways are only 60'. John Mogle questioned what happened on his neighbor's property where he had put rocks and boulders in the city's right of way. Councilmember Jensen noted this discrepancy comes down to 6' of property only, and Zoning Administrator Taylor stated this one would fall squarely on the -4- Council and what they would like to do. A quit claim deed was discussed as well as a 99 year lease that would be transferrable upon the sale of the property. This would have to start on 200 West. Councilmember Jensen was unable to make contact with Dr. Anderson to have him attend the meeting tonight, and will make sure he makes contact with him to get him to the next council meeting. Councilmember Hill brought up the drainage problems he has seen occur at this location. Councilmember Andersen explained they are working on it with the storm drainage project, and that area will be part of the project as they have looked at it and taken it into appraisal. Mayor Blackham noted for those in attendance that the City was going to leverage $50,000 that has already been saved for this purpose with $150,000 in grant money it had been awarded to work on the storm drainage system within the City. The project will be done to the limit of that money, and will be made to go as far as it can go. It was noted that John Iverson with Sunrise Engineering would present the costs to the Council noting they are trying to address as many areas as possible.

Discuss Marketing and Development of Property at Approximately 155 South Main ~ Councilmember Hill

Councilmember Hill reported he would like to get the property advertised as quickly as possible. Councilmember Donaldson noted that he had done a walk through this morning with Gary Carlisle, and Gary's work was finished. Councilmember Donaldson read an advertising listing he had written, and noted the City Attorney, Mandy Larsen, had told the Council they could advertise and sell the property any way they saw fit.

8:45 p.m. Michelle Smith, Greg Smith and Karen Prisbrey left

Mayor Blackham suggested the City sell it for its appraised value noting it was worth more money with the buildings gone than it was with them there.

8:55 p.m. Anita Lyons and Shawn Crane left

Supt. Childs explained there was only one sewer connection on the property, but there were two water connections. He noted it would be possible to run more sewer connections, but would need a right of way to run more. Councilmember Donaldson suggested the Council get started on the advertising, and would send all of the councilmembers his write up tomorrow for them to make their edits and get back to him. The Council continued to discuss the locations they would like to see this advertised, and how they would like to advertise it.

Proposed Approval of City Council Meeting Minutes for Wednesday, June 15, 2016, Open and Closed Sessions

Councilmember Jensen made the motion to approve the City Council meeting minutes for Wednesday, June 1, 2016, Open and Closed Sessions. Councilmember Hill seconded the motion. The motion passes with a 5-0 vote.

Proposed Approval of Bills and Adjustments

Councilmember Carlisle made the motion to approve the bills and adjustments as presented. Councilmember Hill seconded the motion. The motion passes with a 5-0 vote.

Closed Session

Councilmember Carlisle made the motion to move into closed session pursuant to the Provisions of Section 52-4-5(1) of the Open Meeting Law for the purpose of (a) discussion of the character, professional competence, or physical or mental health of an individual. Councilmember Jensen seconded the motion. The motion passes with a 5-0 vote. 9:08 p.m. Closed Session. Recorder Braithwaite left

10:00 p.m. Adjourn

______Janell Braithwaite, City Recorder

______Bruce A. Blackham, Mayor

______Approval Date