Minutes of The Price City Council Meeting
City Hall: Price, Utah
January 13, 1999, 4:00 P.M.
Mayor Lou Colosimo
Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Stephen L. Denison, Richard Tatton
Staff: Vern Jones (Community Administrator), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (PWC Dir/City Eng.), Aleck Shilaos (Chief of Police), Keith Wight (Human Resource Director)
Others Present: Georgina Nowak, Jeannie Houskeeper, Sandra Tatton, John Anast, Norma Procarione, Kevin Ashby, Francis Duzenack
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. MINUTES - December 9, 1998
MOTION. Councilmember Nikas moved that the minutes of the December 9, 1998 meeting be approved as written. Motion seconded by Councilmember Denison and carried.
2. MINUTES - December 16, 1998
MOTION. Councilmember Wheeler moved that the minutes of the December 16, 1998 meeting be approved as written. Motion seconded by Councilmember Piccolo and carried.
3. RICHARD TATTON - Appointment As City Councilmember, Swearing In
MOTION. Councilmember Piccolo moved that the appointment of Richard Tatton as a Price City Councilmember be ratified. Motion seconded by Councilmember Nikas and carried. Joanne Lessar conducted the swearing in of Councilmember Tatton.
4. GILBERT MADRID - Peace Garden Monument - Tabled
5. GEORGINA NOWAK - Request To Place Message On Utility Bills - Denied
Georgina Nowak requested permission to place a message on utility bills advertising two public seminars to be held at the College of Eastern Utah - Youth Life Skills Conference on March 19th and the Governors Initiative On Families on March 20th. As there are just so many lines that are available on utility bills and in order to prevent a precedent, the Council recommended that this request be denied. MOTION. Councilmember Denison moved that the request be denied. Motion seconded by Councilmember Wheeler and carried. The Council suggested that Ms. Nowak place this information on the bulletin board in the hallway of City Hall or place a banner below the Price City sign located in west Price.
6. UNITED WAY FUND - Fund-Raising Campaign Approved
Jeannie Houskeeper, representing United Way, requested permission to present a fund raising campaign to employees of Price City. This campaign is to solicit contributions to United Way, either by a payroll deduction or a one time donation to the agency. All money raised remains in this area and is used to help fund local health and human service programs. MOTION. Councilmember Nikas moved that permission be given for United Way to conduct presentations during scheduled safety meetings and that the Accounting Department investigate the possibility of a payroll deduction. Motion seconded by Councilmember Piccolo and carried.
7. PLEASANT VALLEY DAYS - Request For Contribution Approved
Mayor Colosimo presented a letter from Pleasant Valley Days requesting a contribution to their 1999 celebration to be held in Scofield on July 2nd and 3rd. MOTION. Councilmember Nikas moved that wave pool passes be contributed and that Councilmember Wheeler and Pam Moyes be authorized to make a determination of how many tickets. Motion seconded by Councilmember Denison and carried.
8. SUN ADVOCATE - Energy Edition Ad Approved
MOTION. Councilmember Piccolo moved that permission be given to purchase an Energy Edition ad in the amount of $134.50 and that the ad be changed to reflect the opportunities for businesses to relocate to this community. Motion seconded by Councilmember Wheeler and carried.
9. FRANCIS DUZENACK - Country Cottage (Youth Treatment Program)
Francis Duzenack reported that Country Cottage, a business located in Laverkin, Utah, is operating a youth treatment program in several areas of the state. These programs are run through Youth Corrections, which places troubled youth in home settings. Two houses are operating in East Carbon and one in Wellington. The Country Cottage owners feel they are exempt from all local ordinances. The youth are being passed off as foster children or disabled children, but they are actually placed right out of the Youth Corrections system. There is no guarantee as to the reason behind the placement, whether the youth have committed a misdemeanor or a crime. Councilmember Piccolo stated that the City has the responsibility to control where these homes are going to be. They need to qualify the same as any other home occupied business. Councilmember Tatton stated that this same organization is in the process of trying to locate a larger facility within Carbon County. They have filed suit against Carbon County. The basis for their suit is that these children are disabled because of their behavior. Nick Sampinos stated that he and Francis have been in contact with George Harmond, who is representing the County on the lawsuit, and also with Wellington City. He suggested that a meeting be scheduled with the State program director and a local representative, such as Brian Matsuda, along with a County Commissioner, Mayor Colosimo, and the Mayors of East Carbon and Wellington. The representatives of these programs could determine which kids would qualify for the program, and whether they are in fact under the ADA. It is presently the County's position that they are not disabled and would not qualify under the ADA. MOTION. Councilmember Piccolo moved that staff be authorized to schedule the above meeting. Motion seconded by Councilmember Wheeler and carried.
10. FRAME RELAY SERVICE AGREEMENT - Permission To Advertise For Bids
MOTION. Councilmember Wheeler moved that permission be given to advertise to receive bids for an interstate frame relay service agreement for the internet connection at the library. Motion seconded by Councilmember Piccolo and carried.
11. LIBRARY - Permission To Submit Grant To School and Library Universal Services
MOTION. Councilmember Wheeler moved that permission be given to the Library to submit a grant application to the School and Library Universal Services. Motion seconded by Councilmember Piccolo and carried. This grant provides funds to pay the internet bill.
12. UAMPS POWER EXCHANGE AGREEMENT - Extension of Contract Denied
Councilmember Nikas reported that Price City is presently a member of the Utah Association of Municipal Power Systems (UAMPS). In the past, the City has had an exchange agreement where the committee is allowed to facilitate sales purchases and exchanges between other committee members for power. Our present contract with PacifiCorp does not allow us to do that. As such, he sees no reason to extend the contract with UAMPS. The City has paid between $900 to $1,700 per year to belong to UAMPS. MOTION. Councilmember Nikas moved that the power exchange agreement not be extended. Motion seconded by Councilmember Piccolo and carried. Vern Jones stated that the City can still purchase power from UAMPS without being in the pool.
13. SOUTHWEST SILKS, MAD MAN BASSO AUTO SALES - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests:
MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.
14. FRANCIS DUZENACK - Travel Approved
Mayor Colosimo reported that Francis Duzenack is requesting permission to attend the Utah Chapter ICBO Annual Conference in St. George, February 16-19. MOTION. Councilmember Nikas moved that the travel be approved. Motion seconded by Councilmember Wheeler and carried.
15. CITY PROPERTY - Request To Purchase - Tabled
Mayor Colosimo reported that he has been approached by a City resident to purchase property owned by Price City located along the Price River where the old dog pound used to be. The item was tabled for further review.
16. POLICE OFFICER JAMES CORDOVA - Resignation
MOTION. Councilmember Tatton moved that the resignation of Police Office James Cordova be accepted. Motion seconded by Councilmember Denison and carried.
17. POLICE DEPARTMENT SALARY ADJUSTMENT - Approved
Police Chief Shilaos reported that upon the resignation of Police Officer James Cordova, another office was hired as a replacement. Since the new officer's salary is much less than Officer Cordova's salary, he requested permission to place the $500 back in the budget and distribute the difference in the salary among the whole Police Department. MOTION. Councilmember Wheeler moved that the request be granted. Motion seconded by Councilmember Piccolo and carried.
18. COMMUNITY IMPACT BOARD GRANT - Study For Rural Libraries
Vern Jones reported that he attended a meeting of the Community Impact Board to represent Price City if Price City was going to be asked to sponsor a library grant for a study on rural libraries. However, Price City was not asked as the CIB agreed that the State Library Board could act as the sponsor to the grant application. The CIB placed the $100,000 request on the priority list.
19. TAM GREGERSEN - Reclassification Approved
Keith Wight reported that Tam Gregersen and Erica Kardelis, Data Processing Technicians, were both hired permanent part time in December, 1998. However, Mrs. Kardelis was in an accident and is not available to work. He requested permission to reclassify Mr. Gregersen to full time. MOTION. Councilmember Piccolo moved that the reclassification be approved. Motion seconded by Councilmember Denison and carried.
20. MOLLY PENOVICH - Reclassification To Full Time (Part Time Library Aide/Part Time Janitor) - Denied
Keith Wight reported that Molly Penovich is currently working permanent part time as a Janitor. She is also interested in becoming a permanent part time Library Aide. If this arrangement is approved, Molly would then be working on a full time basis and eligible for benefits. The Council expressed their concern that neither of these positions were funded with benefits. MOTION. Councilmember Denison moved that the reclassification be denied and that Molly be given the opportunity to decide which position she wants. Motion seconded by Councilmember Nikas and carried.
21. C.D.L. - Policy On City Participation
Keith Wight reported that there is currently no policy on City participation in renewing C.D.L. licenses. The practice in the past has been that the City pays the fee for the required physical and the employee pays the fee for the license renewal. He asked if the Council wishes to continue this practice or pay all of the fees to renew C.D.L. licenses. The Council directed that staff write a policy where the City would pay all related fees to renew C.D.L. licenses for those employees that are required to have them.
22. WILMA BARNETT - Family Medical Leave Approved
MOTION. Councilmember Piccolo moved that Wilma Barnett, Utility Collection Clerk, be approved for Family Medical Leave with continued medical insurance. Motion seconded by Councilmember Nikas and carried.
23. HEATHER WICHMANN- Rehire
MOTION. Councilmember Nikas moved that Heather Wichmann be rehired as a Meter Reader, temporary/full time effective February 16, 1999. Motion seconded by Councilmember Tatton and carried.
24. LIBRARY AIDE - Permission To Advertise
MOTION. Councilmember Wheeler moved that permission be given to advertise for a part time Library Aide. Motion seconded by Councilmember Nikas and carried.
25. KINGDOM HALL JEHOVAH'S WITNESS CHURCH - Final Release - Development Agreement and Letter of Credit
Gary Sonntag reported that the Kingdom Hall Jehovah's Witness Church has completed all of the required improvements on their development. They have regraded their landscaping and built a larger berm on the south side of their property so that the drainage will flow towards Cedar Hills Drive. He recommended that the Development Agreement and Letter of Credit in the amount of $6,413 be released. MOTION. Councilmember Denison moved that the recommendation be approved. Motion seconded by Councilmember Piccolo and carried.
26. CALDER'S GAS & GO - Final Release - Development Agreement/Letter of Credit
Gary Sonntag reported that Calder's Gas & Go has completed all of the required improvements on their development. He recommended that the Development Agreement and remaining funds in escrow totaling $1,325 be released. MOTION. Councilmember Wheeler moved that the recommendation be approved. Motion seconded by Councilmember Nikas and carried.
27. PARKS DEPARTMENT - Employee Recognition, Department Relations
Gary Sonntag reported that Suda Merriman, Parks Department Supervisor, has written a letter of appreciation to Ken Harney, Meter Reader, who went out of his way to repair a breaker on a light pole that supplied power to Christmas decorations. Suda also gave recognition to other department supervisors and employees for working well together. She feels Price City has benefitted from this and will continue to do so.
28. MINOR STREET IMPROVEMENTS 1999 PROJECT, #1C-99 - Permission To Advertise For Bids
Gary Sonntag reported that in recent weeks, the City made a demand on the Development Agreement and corresponding guarantee funds in escrow for two residential housing projects at 326 East 200 South and 230 East 400 South. The owners of these developments failed to complete the required street improvements consistent with the terms of their respective approvals and the Development Agreements. Through their default, the City made a demand on the guarantee funds in escrow. These funds have been secured by the City and staff has prepared the necessary plans and specifications for the construction of the street improvements. He requested permission to advertise for bids to do the construction work. The City will participate in replacing the culvert across 200 South, saw cut the existing asphalt pavement and do the topographical and construction surveying. MOTION. Councilmember Nikas moved that permission be given to advertise for bids to do the above construction work. Motion seconded by Councilmember Tatton and carried.
29. FLOOD CONTROL DITCH - Jensen, Cloward, and Carlson Properties
Nick Sampinos reported that in 1944, Therald Jensen conveyed by deed to the City, a strip of land that was supposedly on his property west of the City past Mont Harmon Jr. High. That strip of land has been used by the City as a flood control ditch and drained periodically in times of flood and high rain. The Jensens have finished a title report that reveals the legal description in the deed is not where the ditch actually travels. The legal description actually goes through the home that is owned by Butch and Jeannie Jensen. Mr. & Mrs. Jensen are interested in mortgaging some property and because of that discrepancy cannot get a loan, which also poses a problem to the City in that we are using a ditch which does not have a legal description and which we do not have legal authority to be using. The ditch runs through the Jensen property and property owned by a Mr. Carlson and a Mr. Cloward. He has approached Butch Jensen and asked him if he thinks Mr. Carlson and Mr. Cloward will convey to the Jensens that sliver of their land where the ditch runs through. The Jensens in turn, would convey the land where the ditch actually runs to the City. The City in turn would convey the legal description that we currently have to the Jensens. This would clear up the title defect and give the City the land that the ditch actually runs through. Mr. Jensen felt there would be no problem in getting the deeds from the above two parties. Mr. Sampinos suggested that we approach Mr. Carlson and Mr. Cloward and that they prepare the legal descriptions through a title person or a surveyor or both. He will assist in preparing the deeds. MOTION. Councilmember Piccolo moved that Mr. Sampinos be authorized to prepare the correction as he has described and to follow through with the necessary details to make this conveyance. Motion seconded by Councilmember Wheeler and carried.
30. TRI-TEL - Permission To Pay Invoices
MOTION. Councilmember Wheeler moved that permission be given to pay Tri-Tel for invoices totaling $7,828 for the purchase and installation of phones and trunk cards. Motion seconded by Councilmember Nikas and carried.
MOTION. Councilmember Nikas moved that the Council Meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Piccolo and carried.
Meeting adjourned at 5:42 p.m.
Redevelopment Meeting Minutes
Reconvened at 5:44 p.m.
Meeting adjourned at 5:53 p.m.