Minutes of The Price City Council

City Hall: Price, Utah

January 28, 2004, 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 Keith Wight, Human Resource Director

Jeanne McEvoy Nick Tatton, Community Director

Joe Christman Kevin Drolc, Police Lieutenant

Others Present:

Richard Shaw Georgina Nowak April Durrant Deirdre Judd

Tawnie Via Frank Peczuh, Jr. Gene Madrid Shari Madrid

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

1. COUNCILMEMBERS REPORT - Update

The Mayor and City Council presented an update on the activities taking place in their individual departments.

2. MINUTES - January 14, 2004

MOTION. Councilmember Denison moved that the minutes of the January 14, 2004 meeting be approved as written. Motion seconded by Councilmember Tatton and carried.

3. BID OPENING - Level and Filter Control Systems For Desert Wave Swimming Pool,

#8E-2003 - Committee Appointed

The following bid was received for the Level and Filter Control Systems for the Desert Wave Swimming Pool.

CEM Sales, Salt Lake City, Utah $16,250.00

MOTION. Councilmember Denison moved that a committee, consisting of Gary Sonntag, Tamara Gray, Councilmember McEvoy, and Pat Larsen, be appointed to review the bid and as it is over budget, that it be brought back to the Council for a final decision. Motion seconded by Councilmember Wheeler and carried.

4. VISIONARY SERVICE LEADER AWARD

Mayor Piccolo presented the January, 2004 Visionary Service Leader award to Frank Peczuh, Jr. for his contribution to the community. Mr. Peczuh is actively involved as a businessman and has made generous contributions to the school systems and their athletic departments and to the Fire Department.

5. KEVEN MORTENSEN - Purchase of Property - Declared Surplus

Keven Mortensen requested that the City consider selling him a parcel of property that is located in lower Miller Creek approximately 3/4 of a mile south of Ridge Road. He would like to construct a home plus use the property as a take off and landing strip to fly a powered parachute. If he is successful in marketing his machine, we would also set up a manufacturing plant. MOTION. Councilmember Denison moved that this parcel of property be declared surplus and proceed with the necessary process to evaluate it and advertise it for sale. Motion seconded by Councilmember Christman.

6. INTERAGENCY COUNCIL (POLICY TO DESIGNATE SMOKING AREAS AT RECREATION

AND PUBLIC VENUE AREAS) - Councilmember Christman Appointed As City Representative

April Durrant, Tawnie Via, and Deirdre Judd, representing the Interagency Council, requested that the City support a policy to designate smoking areas in recreation and public venue areas. The Interagency Council received a tobacco community collaberation grant from the LSD by the Utah Department of Health to provide Carbon County with tobacco prevention education and to create

January 28, 2004

and implement stronger more comprehensive tobacco policies and environmental changes, particularly second hand smoke exposure. They are collaberating with Georgina Nowak from the Southeastern Utah Health District. They do not want to prohibit smoking altogether, just designate special smoking areas during community activities. They asked if someone from the City could participate on this committee and advise and assist in making a policy. Several issues need to be discussed, such as should an ordinance be passed and who would enforce it. Would it be a civil or criminal offense? The Council was in agreement of the committee. Mayor Piccolo appointed Councilmember Joe Christman as the City=s representative.

7. SMUIN, RICH & MARSING - Audit For FY Ending June 30, 2003 Approved

Greg Marsing, representing Smuin, Rich & Marsing, presented the City=s annual audit for the Fiscal Year ending June 30, 2003. He reviewed the exhibits in the packet of information pertaining to expenditures and revenues, liabilities, Fixed Assets, fund balances at the beginning and end of the year, the Financial Statement, and the Enterprise and Fiduciary Fund. It is the opinion of the auditor that the accounting practices and the financial position of Price Municipal Corporation are in accordance with generally accepted accounting principles. The Mayor thanked Mr. Marsing for his report and thanked Pat Larsen and her department for their professionalism.

8. COUNCILMEMBER BENEFITS - Discussion - Direction To Prepare Different Options

Councilmember Denison stated that as he recalled from a previous meeting, the Finance Director indicated that the Council was no longer able to deposit funds in lieu of insurance into an annuity account. Her recommendation was to split the funds between a 457 and a 401 account. He questioned if these funds could be taken out as a taxable account rather than placed in a deferred account. to allow more flexibility. Mayor Piccolo recommended that the various plans be placed in an outline form so that a decision can be made. MOTION. Councilmember Tatton moved that the Mayor=s recommendation be approved and that staff be directed to proceed with the outline on projected methods. Motion seconded by Councilmember McEvoy and carried.

9. WATER TRANSMISSION PIPELINE EASEMENT REVISION - Henry Chapman Smith Family

Gary Sonntag reported that in order to reflect the as-built water transmission pipeline construction, it is necessary to relinquish an earlier easement received from the Henry Chapman Smith Family Partnership and to accept receipt of a revised easement causing it be recorded. MOTION. Councilmember Wheeler moved that Mr. Sonntag be authorized to proceed with the above easement changes and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember McEvoy and carried.

10. LIBRARY - Fees For Public Use of Fax Machine Approved

Councilmember Tatton reported that the Library has purchased a fax machine for public use to send and receive faxes. They are recommending that the fees for this usage be set at $1.50 for the first page and $.50 for each additional page for both sending and receiving. MOTION. Councilmember Tatton moved that the fee schedule be approved. Motion seconded by Councilmember Christman and carried.

11. ADA DOOR OPENERS, CDBG PROJECT #030533 & 3C-2003 - Accent Automatics, Inc. - Final Payment

Councilmember Tatton presented a request for a final payment in the amount of $12,000 submitted by Accent Automatics for their contract to install the automatic door openers on 6 doors in City Hall and 2 doors in the Museum under the CDBG 2002-03 project. MOTION. Councilmember Tatton moved that the payment be approved. Motion seconded by Councilmember McEvoy and carried.

12. LEE NAILS - Conditional Use Permit, 403 South Carbon Avenue, Nam-Pham-Owner

(Nail Salon)

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation for a Conditional Use Permit to Lee Nails to locate their business at 403 South Carbon Avenue. As their sign partially covers the sign by the previous occupant, they recommended that the sign underneath be removed or completely covered.

January 28, 2004

MOTION. Councilmember.McEvoy moved that the business be approved and that a Conditional Use Permit be issued. Further that the business comply with the sign requirements. Motion seconded by Councilmember Wheeler and carried.

13. PAULA LEWIS, DIANA BORDEA, NICK TATTON, KENT BOYACK, SAM WHITE, BILL WARDLE - Travel Approved

Mayor Piccolo presented the following travel requests:

Paula Lewis - Interagency Council Workshop, January 23 and January 29, 2004, Salt Lake City, Utah

Diana Bordea, Paula Lewis - Uplift 2004 Spring Program, March 16-18, 2004, Ephraim, Utah

Nick Tatton, Kent Boyack - CIB Meeting, February 4, 5, 2004, St. George, Utah

Sam White, Bill Wardle - Rural Water Association Conference, February 27-30, St. George, Utah

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

14. CITY COUNCIL APPOINTMENTS - Approved

Mayor Piccolo presented the following appointments for himself and the City Council for 2004-2005.

Mayor Piccolo - Budget & Finance, Economic Development, City Recorder, City Treasurer, Human Resources, Building Inspection/Fire Marshall, Fire Department, Police Department and Police Safety, Mayor=s Council, Council on aging, Legislative Liaison, Volunteers, Chamber of Commerce Agent, Boards/Commissions, Redevelopment Agencies, Committees, Community Action Team, Southeastern Utah Association of Local Governments, Community Safety.

Betty P. Wheeler - Drinking Water Policy, PRWID Board Member, Price City Youth Council, Historic Preservation Policy, Engineering Policy, Community Progress Board, CEU Planning Commission, Group Insurance Benefits Policy, Personnel Committee

Stephen L. Denison - City Emergency Preparedness Policy, Nuisance Abatement Policy, Weeds and mosquitoes, Carbon County Travel Board, CCRIC Board, Museum/Gallery Policy, Downtown Business Revitalization Policy, Storm Water Policy, Cultural/Heritage Committee, International Days Immediate Past Chair

Richard Tatton - Water Quality Reclamation Policy, Library Board, Physical Facilities Policy , Ditch Companies Policy, Recreation Board, Public Risk Management Policy, Volunteer Team Development Policy, Public Utilities Advisory Board, Personnel Committee

Jeanne McEvoy - Planning/Zoning Board, Power & Light Policy, Shade Tree Commission, Swimming Pool Policy, City Risk Management Committee, Public Works Policy, Chamber of Commerce Committee, International Days Chair

Joe Christman -Streets/Maintenance Policy, Fleet Management Policy, Water/Refuse Management Policy, Gun Range Committee, Carbon County Emergency Management Committee, Customer Service Policy, Parks/Cemetery Policy, Information Systems Policy, International Days Chairman Elect

MOTION. Councilmember Denison moved that the appointments be approved. Motion seconded by Councilmember Christman and carried.

15. JOANNE LESSAR - Appointment As City Recorder For 2004-2005 Approved

Mayor Piccolo recommended that Joanne Lessar be reappointed as City Recorder for 2004-2005. MOTION. Couniclmember Denison moved that the appointment of City Recorder be approved. Motion seconded by Councilmember Wheeler and carried.

16. CITY TREASURER APPOINTMENT - Tabled - Special Meeting Scheduled

Mayor Piccolo recommended that the appointment of City Treasurer be tabled and that a special meeting be scheduled for Friday, January 30, 2004, at 12:00 Noon. MOTION. Councilmember

January 28, 2004

Dension moved that the item be tabled and the special meeting scheduled as recommended. Motion seconded by Councilmember Christman and carried.

17. DEPARTMENT SUPERVISOR, OTHER BOARD APPOINTMENTS - Tabled

MOTION. As changes needed to be made on Civic and Staff assignments and the Library Board, Councilmember Wheeler moved that these items be tabled and placed on the agenda for the special meeting on Friday. Motion seconded by Councilmember Tatton and carried.

18. BUDGET CALENDAR - Approved

Pat Larsen presented the budget calendar for the Fiscal Year 2004/05, establishing dates for budget interviews, special budget meetings and action to be taken at those meetings. MOTION. Councilmember Denison moved that the budget calendar be approved. Motion seconded by Councilmember Tatton and carried.

19. RESOLUTION - Condemnation of Leautaud Property - Tabled

MOTION. Councilmember Tatton moved that the resolution for condemnation of the Leautaud property be tabled. Motion seconded by Councilmember Wheeler and carried.

20. FUND TRANSFERS - Approved

Pat Larsen presented the following fund transfers and recommended that they be approved:

Transfer $176,950 from the General Fund to the Library Fund

Transfer $15,000 from the Redevelopment Agency to the General Fund

Transfer $50,000 from the Water Fund to the General Fund

Transfer $1,250 from the East Price RDA to the General Fund

Transfer $1,201,250 from the Electric Fund to the General Fund

Transfer $221,300 from the General Fund to the Swimming Pool Fund

Transfer $32,325 from the General Fund to the Drug Task Force Fund

Transfer $10,500 from the General Fund to the Central School Building Fund

Transfer $72,000 from the General Fund to Capital Projects

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

21. PRICE RIVER WATER IMPROVEMENT DISTRICT - Update

Councilmember Wheeler reported that during the last meeting of the Price River Water Improvement District, everyone was again encouraged to write their district representatives regarding the Gooseberry project.

22. PRICE/WELLINGTON CANAL - Update

Nick Sampinos reported that the Price/Wellington Canal Board is working towards submitting an updated application for piping the canal. The deadline tosubmit the application is February 27, 2004.

23. PIGEON REMOVAL - Update

Gary Sonntag reported that the pigeon issue could possibly be solved. Under the advisement of Chris Colt, the City constructed a cage and received permission from the property owner to place the cage and secure it on the roof of the building. The cage will accommodate 16 pigeons. When the cage is full, Mr. Colt will remove the pigeons to make room for more pigeons.

24. ELECTRIC DEPARTMENT - Purchase of Vehicles, Fund Transfers - Denied

Gary Sonntag reported that at the last meeting, the request of the Electric Department to purchase vehicles and transfer funds was tabled for further review. Since that time, the Shop

Department has been able to repair the truck with the bad clutch, and the other vehicle will be repaired at a later time. MOTION. Councilmember McEvoy moved that as this issue has been solved, that the item be removed from Unfinished Business.

January 28, 2004

Motion seconded by Councilmember Denison and carried.

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

Adjourned at 7:38 p.m.

Reconvened at 7:39 p.m.

Meeting adjourned at 8:02 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder