Minutes of The Price City Council
City Hall: Price, Utah
March 26, 2003, 5:30 p.m.
Mayor Joe L. Piccolo Joanne Lessar, City Recorder
Councilmembers: Nick Sampinos, City Attorney
Betty P. Wheeler Gary Sonntag, Public Works Director/City Engineer
Richard Tatton Keith Wight, Human Resource Director
Don G. Reaveley, Jr. Nick Tatton, Community Direrctor
Excused: Councilmember Elizabeth H. Kourianos
Councilmember Stephen L. Denison
Pat Larsen, Finance Director
Aleck Shilaos, Chief of Police
Art Daniels Joyce Daniels Kathy Smith Paula Lewis
Ken Larson Ed Shook Kent Boyack Sam White
Jay Storrs Nicole Steele Vicki Ferrero Francis Duzenack
Stewart Jones Jeff Failor
Mayor Piccolo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. COUNCILMEMBERS REPORT
The Mayor and Councilmembers presented an update on the activities taking place in their individual departments.
2. MINUTES - March 12, 2003
MOTION. Councilmember Tatton moved that the minutes of the March 12, 2003 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.
3. VISIONARY SERVICE LEADER AWARD - Nicole Steele
Mayor Piccolo presented Nicole Steele with the Visionary Service Leader Award. Nicole has contributed to the employment and betterment of the community by arranging annual job fairs and participating in the community
4. RURAL WATER ASSOCIATION OF UTAH - Award
Sam White, Public Utilities Supervisor, presented an award from the Rural Water Association of Utah. Price City received the award for the outstanding service to their customers.
It is an honor for Price City to be nominated and selected. He thanked his employees in the Public Utilities Department as well as employees in other departments in providing good customer service on a daily basis. Price City should be proud that utility service is one of the best in Utah. The Council thanked Mr. White for his endeavors.
5. PROCLAMATION - Scouting For Food Day
Mayor Piccolo presented a proclamation to Boy Scouts representative Jay Storrs, proclaiming
March 29th as “Scouting For Food Day in Price City”, and encouraging the residents of Price City to contribute generously to the Scouting for Food Drive.
6. CARBON COUNTY TRAVEL BUREAU - Request To Close 1st East Street Approved
Kathy Smith requested that 1st East Street between Main and 1st North be closed on Saturday, April 12, for a mini sprint car exhibit. This is in conjunction with the ongoing stock car races that take place during the season. After the exhibit, the cars will be moved to the trace track for testing. MOTION. Councilmember Wheeler moved that the request be approved. Motion seconded by Councilmember Reaveley and carried.
7. RELAY FOR LIFE - Request to Use City Stage, Insertion of Luminary Requests In Payroll Envelopes - Struck
March 26, 2003
8. JEFF FAILOR - Construction of New Dugouts At South Price Park Approved
Jeff Failor, representing the Price National Little League Baseball Association, requested permission to construct new dugouts at the South Price Park. He presented plans to construct them out of cinder blocks, with the walls being 4' high with a 3' X 4' gate. The League will pay for the materials and the labor will be donated by the coaches and parents. MOTION. Councilmember Tatton moved that the request be approved and that Mr. Failor work with Suda Merriman, Parks Department, and Gary Sonntag and Francis Duzenack for the design and building details. Further, that a contract be prepared holding the city harmless for any liability in constructing the building. Motion seconded by Councilmember Reaveley and carried.
9. GRADUATION SPECTACULAR - Contribution Approved
MOTION. Councilmember Wheeler moved that $500 be contributed towards Graduation Spectacular for the graduating class of 2003. Motion seconded by Councilmember Reaveley and carried.
10. BUILDING INSPECTION DEPARTMENT - Notice of Non-Compliance - Placed On Unfinished Business
Francis Duzenack, Building Official, presented information regarding a policy dealing with residents who do not comply with the City’s Land Development Code and requested that they consider adopting such a policy. At various times, he has come across construction being conducted on various homes and buildings that do not have a building permit. He informs the owner of the property that they are required to obtain a building permit before the commencement of work. In most instances, the property owner or the contractor obtains a building permit, the construction resumes and the necessary inspections are then made by his office. However, there are times when the property owner fails to obtain a building permit and ignores his request to come into compliance with the City’s Land Development Code. Mr. Duzenack suggested the use of a Notice of Non-Compliance that could be recorded at the office of the Carbon County Recorder indicating that the structure on the property owner’s property many not be in compliance with the City’s Land Development Code and has not received a final inspection and approval for use and occupancy. The Notice of Non-Compliance would indicate to a potential buyer that the property is not in compliance with the City’s code. This would be a strong motivatior to make people come into compliance. Mr. Duzenack further indicated that prior to the Notice of Non-Compliance, that one or two certified letters be sent to the property owner requesting compliance and informing them that if they failed or refused to comply, that this notice would be attached to their property records at the County Recorders office. In addition to the main form, Councilmember Tatton suggested that another form be issued to indicate that the property owner had come into compliance. MOTION. Councilmember Tatton moved that this item be placed on unfinished business and that the procedure and form be outlined in an ordinance and that it be brought back before the Council. Motion seconded by Councilmember Wheeler and carried.
11. WATER TRANSMISSION PIPELINE - Condie Construction Company - Change
Order #6 and #7, Partial Payment #1
Councilmember Wheeler presented Change Orders #6 and #7 to the contract with Condie Construction on the Water Transmission Pipeline. Change Order #6 increases the contract in the amount of $100,957.15 and adds 30 calendar days through May 31, 2003 as the completion date. Change Order #7 increases the contract in the amount of $185,174.07 (UDOT Helper Interchange temporary connections) and adds 15 calendar days through June 14, 2003 as the completion date. Also submitted was a request for a partial payment in the amount of $481,126.40. MOTION. Councilmember Wheeler moved that the change orders and partial payment be approved. Motion seconded by Councilmember Tatton and carried.
12. WAIVER OF FEES FOR CITY FACILITIES - Tabled
Councilmember Tatton stressed his concern regarding the waiving of fees for the use of City facilities. As per the information received from the City Attorney, public hearings need to be held on all requests for the waiver of fees. Nick Sampinos stated that a special public hearing would be required for each item. This would place a complicated burden on the Council to schedule these item by item. MOTION. Councilmember Tatton moved that this item be tabled. Motion seconded by Councilmember Wheeler and carried.
March 26, 2003
13. BLUEBIC.COM - Home Occupied Business Approved
Nick Tatton reported that the Planning and Zoning Commission gave a favorable recommendation to David R. Sanchez to operate Bluebic.com at his home located at 390 North 100 East. Mr. Sanchez is a broker for overstocked items from warehouses and operates over the internet. MOTION. Councilmember Wheeler moved that the home operated business be approved upon the purchase of a business license. Motion seconded by Councilmember Tatton and carried..
14. LANDON’S DIESEL SERVICE, JACK LEAUTAUD - Conditional Use Permits
Nick Tatton reported that the Planning and Zoning Commission gave a favorable recommendation for Conditional Use Permits for the following:
Landon’s Diesel Service - 540 South 300 West, Landon Jacobson-Owner (Business And Sign)
Jack Leautaud - Construction of New Office Building for Landon’s Diesel Service
MOTION. Councilmember Wheeler moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Tatton and carried.
15. LELAND GOTFREDSON - Conditional Use Permit - Struck
16. CARBON-EMERY TELCOM, MASONRY MASTERS, INC, DESERT SPLASH SPAS - Conditional Use Permits
Nick Tatton reported that the Planning and Zoning Commission gave a favorable recommendation for Conditional Use Permits for the following:
Emery Telcom - 1400 East Airport Road, Request For Single Lot Subdivision and Installation of Pre-Built Equipment Building
Masonry Masters, Inc. - Request To Construct 40' X 60' Shop
Desert Splash Spas - 1183 East Main (Sign)
MOTION. Councilmember Wheeler moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Reaveley and carried.
17. UTAH DEPARTMENT OF TRANSPORTATION - Long Range Transportation Plan
Nick Tatton reported that the Utah Department of Transportation presented their long range transportation plans to the Planning and Zoning Commission. They discussed the needs, wants, issues, and problem sites in this area. They highlighted the trails and improvements to the bypass road and Highway 10.
18. WATER CONSERVATION STATEMENT
Mayor Piccolo reported that he has had a few meetings with staff regarding water conservation. Last year during the drought, the City chose not to do an ordinance or a resolution, but to indicate to our citizens that we feel they are all understanding of our situation and can make the proper decision to conserve. This seemed to work well. With our current watershed and spring runoff, we should be in the same shape as we were last year for water or a little less, depending on the rain. As the Mayor of Price City, he would again like to inform the citizens that we have another drought compounded with the construction in Helper that reduces the transmission line from a 16" to a 12" line. He will ask the citizens to conserve well enough not to impact the City’s system beyond capabilities. He plans to appeal to the residents in a City meeting planned for Friday at 1:00 p.m. He asked the Council if they feel it would be in the best interests of the City to educate the citizens and ask them to stand watchdog like last year rather than create a policy that will have to be enforced? Plans are to curtail watering hours from 10:00 a.m. through 6:00 p.m. and not create an even and odd situation. Ask residents to plant less so there will be a less need to water and to watch the weather for rain. Leaflets and flyers will go out to the residents offering simple tips on how to conserve water. Councilmember Wheeler stated that what we have done and what will be done is working. She feels the residents can keep in compliance. MOTION. Councilmember Tatton moved that the Mayor be authorized to move forward with his conservation efforts. Motion seconded by Councilmember Wheeler and carried.
March 26, 2003
19. SHARI MADRID, MOLLY PENOVICH, BOB BENNETT - Travel Approved
Mayor Piccolo presented the following travel requests:
Shari Madrid - Utah Municipal Treasurers Association Spring Conference, April 30 - May 2, 2003, St. George, Utah
Molly Penovich - Utah Chapter of ICC Code Training, April 4, 2003, Sandy, Utah
Bob Bennett - Utah Chapter of International Assoc. of Electrical Inspectors Annual Business Meeting and Education Seminar, May 4-7, Wendover, Utah
MOTION. Councilmember Wheeler moved that the travel be approved. Motion seconded by Councilmember Reaveley and carried.
20. RESOLUTION #2003-07 - Participation In The Utah 21st Century Community Initiatives Program
Nick Tatton presented Resolution #2003-07, establishing Price City’s participation in the 21st Century Community Initiative Program. MOTION. Councilmember Tatton moved that Resolution #2003-07 be approved and the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.
21. 21ST CENTURY COMMUNITY INITIATIVES PROGRAM INTERGOVERNMENTAL AGREEMENT - Southeastern Utah Association of Local Governments
Nick Tatton presented an interlocal governmental agreement with Southeastern Utah Association of Local Governments. The agreement sets forth the terms by which SEUALG and Price City will work cooperatively toward attainment of the goals set down in the State of Utah 21st Century Community Initiatives Program. MOTION. Councilmember Wheeler moved that the agreement be approved and that the Mayor be authorized to execute the documents. Motion seconded by Councilmember Tatton and carried.
22. DEED OF DEDICATION TO CARBON COUNTY - Reconstruction and Improvements
of Carbonville Road
Nick Tatton reported that in order for Carbon County to complete the reconstruction and improvements including curb, gutter and sidewalk on the Carbonville Road, it was necessary to deed a portion of Price City-owned property to them. MOTION. Councilmember Tatton moved that the deed of dedication to Carbon County be approved and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Wheeler and carried.
23. PERMISSION TO PURCHASE EIGHT TASERS FOR POLICE DEPARTMENT - Approved
Mayor Piccolo reported that Police Chief Aleck Shilaos has requested permission to purchase eight Tasers for the Police Department. The tasers are non-lethal force devices and cost approximately $570.00 each. MOTION. Councilmember Wheeler moved that the purchase be approved. Motion seconded by Councilmember Reaveley and
24. PACIFIC WEST CONSTRUCTION - Final Release of Development Agreement For
Gary Sonntag reported that Pacific West Construction has completed the requirements of the Development Agreement for the Roscrea Apartment project at 1700 East 300 South, Price, Utah. They are eligible for a final release in the amount of $128,371.00. MOTION. Councilmember Wheeler moved that the release be approved. Motion seconded by Councilmember Tatton and carried.
25. MEDICAL/DENTAL/LIFE INSURACE/WORKERS COMPENSATION - Permission To Advertise
MOTION. Councilmember Wheeler moved that permission be given to advertise for proposals for the medical/dental/life insurance and workers compensation for City employees. Motion seconded by Councilmember Reaveley and carried.
March 26, 2003
26. RICHARD DART - Request For Leave of Absence Denied
Keith Wight presented a letter from Volunteer Fireman Richard Dart requesting permission for a 6
month leave of absence from the Price City Fire Department. Because of current local economic conditions, Mr. Dart finds it necessary to explore employment opportunities outside the area. Before he makes a final decision, he would like six months at his new position in another state. His family will reside here and he will continue to be involved as a consultant with his current employer, Peczuh Printing. In Mr. Dart’s letter, he quotes Article #8 of the Constitution and By-Laws of the Price City Fire Department, permitting him to be granted a leave of absence for a period of six months. Keith stated that Section #7 of the Policies and Procedures of Price City states that part time, temporary, volunteer or seasonal workers who generally work fewer than twenty (20) hours per week are exempt from the provisions of the personnel system. As Mr. Dart falls into this category, the Policies and Procedures Manual does not apply to him. In addition, any type of leave of absence should benefit the City and this request does not. MOTION. Councilmember Reaveley moved that the request be denied. Motion seconded by Councilmember Tatton and carried. Mr. Dart who was present at the meeting reviewed the Constitution and By-Laws of the Fire Department. He believes that the last revision was approved by the City Council. He asked that the Council reconsider due to the fact that he has been a Volunteer Fireman for 23 years and is a certified Firefighter One. Keith Wight stated that the Price City Policies and Procedures Manual superseds the Constitution and By-Laws of the Price City Fire Department. He recommended that Mr. Dart be given a lay off status with the right to come back and apply for an opening that existed at that time.
27. RESOLUTION #2003-08 - Educational Assistance Policy
Keith Wight presented Resolution #2003-08, adopting a policy for the use of an education reimbursement program for City employees to continue their advanced education. MOTION. Councilmember Tatton moved that Resolution #2003-08 be approved, that it become effective June 1, 2003, and that the Mayor and City Recorder be authorized to sign the resolution Motion seconded by Councilmember Wheeler and carried.
27. POLICY FOR LOANING AND USE OF CITY EQUIPMENT - Tabled
Keith Wight presented a resolution establishing a policy for the loaning and private use of equipment, supplies and materials owned by Price City to employees and the public. MOTION. Councilmember Reaveley moved that the policy be tabled for further review. Motion seconded by Councilmember Tatton and carried.
28. NEW HIRES APPROVED - Patty Gibson, Donald Barker, Troy Lessar, Darin Cloward, Mark Hertzler, Frank Westenskow, Jill Howa, James Mathews, Sam Smith, Kaleb Sitterud
REHIRES APPROVED - Jesse Asay, Dell Cloward, Jerry Giraud
Keith Wight presented the following rehires and new hires and recommended approval effective March 31, 2003.
Jill Howa, James Matthews, Sam Smith - Parks Dept., Laborers, Temporary/FT
Kaleb Sitterud - Cemetery Dept., Laborer, Temporary/FT
Patty Gibson, Donald Barker, Troy Lessar, - Streets Dept., Laborer, Temporary/FT
Darin Cloward, Mark Hurtsler - Maintenance Dept., Laborer, Temporary/FT
Frank Westenskow - Utilities Dept., Meter Reader, Temporary/FT
Jesse Asay - Parks Dept., Laborer, Temporary/FT
Dale Cloward - Parks Dept., Laborer, Temprary/FT
Jerry Giraud - Water Treatment Plant, Operator, Temporary/FT
MOTION. Councilmember Tatton moved that the new hires and rehires be approved. Motion seconded by Councilmember Wheeler and carried.
29. INTERNATIONAL DAYS COMMITTEE - Update
Councilmember Reaveley presented an update on the International Days Committee. He asked if there is a preference which group conducts the car show? Mayor Piccolo stated that the
March 26, 2003
Compagni brothers have expressed an interest in doing it again this year. He is unaware if anything has been done in this regard. Mayor Piccolo recommended that whoever conducts the car show needs to start a year before. Councilmember Tatton recommended that both of them be
invited to make a presentation to the committee and let the committee select one. Mayor Piccolo suggested that this be done a year in advance so that it is not a last minute thing.
30. PRICE RIVER WATER IMPROVEMENT DISTRICT - Update
Councilmember Wheeler reported on the Public Hearing on impact fees held by the Price River Water Improvement District. The only people debating the situation on impact fees were women. It was noted that residents have a hard time distinguishing between impact fees and connection fees. A reporter from the Sun Advocate stated that he would write an article on this issue.
31. CARBON AVENUE PARKING - Update On Survey
Gary Sonntag reported the parking survey conducted on Carbon Avenue and Main Street has been completed. He will provide the results to the Council. He asked direction on how to proceed with the decision. Mayor Piccolo recommended that the committee make a recommendation to the Council.
MOTION. Councilmember Reaveley moved that the meeting adjourn and that the Council Meeting reconvene. Motion seconded by Councilmember Tatton and carried.
Meeting adjourned at 7:30 p.m.
Reconvened at 7:55 p.m.
Meeting adjourned at 8:05 p.m.
ATTEST: Joe L. Piccolo, Mayor
Joanne Lessar, City Recorder