Minutes of The Price City Council Meeting

City Hall: Price, Utah

December 15, 2004, 5:30 p.m.

Present:

Mayor Joe L. Piccolo Pat Larsen, Finance Director

Councilmembers: Nick Sampinos, City Attorney

Betty P. Wheeler Gary Sonntag, Public Works Director/City Engineer

Richard Tatton Nick Tatton, Community Director

Jeanne McEvoy John Daniels, Human Resource Director

Mae Aguayo Bret Cammans, Communications Director

Aleck Shilaos, Chief of Police

Excused: Councilmember Stephen L. Denison

Joanne Lessar, City Recorder

Others Present:

Shirley A. Matheny Kellie Criswell Melanie Steele Grady McEvoy

Annette Beckman Marty Beckman Becky Jones Max Jones

Lillian Rowley Ken Young E. Daniel Wood

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

1. POWER DISTRIBUTION SYSTEM FOR OUTDOOR USE - Grady McEvoy

Grady McEvoy presented a pamphlet displaying exhibits of a power distribution system that is created especially for outdoor events, such as International Days at the park, downtown street lighting, or any type of venue that occurs in the community. As it is quite expensive, perhaps it can be purchased through the restaurant tax board and used by all the local entities. Mayor Piccolo thanked Mr. McEvoy for his input.

2. CEU INSIGNIA ON WOOD HILL - Daniel Wood

Daniel Wood, College of Eastern Utah Student Body President, reported that the college has plans to place the CEU insignia on top of Wood Hill, where it once stood in previous years. It will be built out of steel and stand 30' out of the ground with a self sustaining light. Mrs. Eldon Dorman, owner of the property, has agreed to donate the land to the college. However, further investigation revealed that a portion of the property belongs to Price City. Mr. Wood asked for permission to build this structure on the property owned by the City? As this item is not on the agenda, it was recommended that this item be placed on the next agenda.

3. PINNACLE CANYON ACADEMY MARDI GRAS - Local Consent For Temporary Liquor Permit

Marty Beckman reported that he was recently awarded the bid to cater a dinner for the annual Mardi Gras fund raiser for Pinnacle Canyon Academy to be held March 19, 2005. This event will be held at the Notre Dame School. He requested approval for local consent to serve alcohol at this event. The Council gave verbal approval and requested that the item be placed on the next agenda for ratification.

4. ADA SIDEWALK PROJECTS - Riata Ganino

Riata Ganino requested that future city projects include plans for ADA accessibility. Mayor Piccolo stated that his has already been done.

5. COUNCILMEMBERS REPORT - Update

The Mayor and Councilmembers presented an update on the activities they administer.

6. BECKY JONES - Visionary Service Leader Award

Mayor Piccolo presented the Visionary Service Leader Award for December to Becky Jones. Becky has assisted Price City to be a friendly progressive city. Becky was coordinator for the Downtown Alive project.

December 15, 2004

7. ORDINANCE #2004-06 - Land Use Development and Management Code

Ken Young, JUB Engineers, presented and reviewed the update to the Price City Land Use

Management and Development Code. The Code was recommended for approval by the Price City Planning and Zoning Commission. As the code was reviewed, a few minor changes and additions were made. Ordinance #2004-06, which adopts the code, was presented. MOTION. Councilmember McEvoy moved that with the minor changes that were made, that Ordinance #2004-06, adopting the Land Use Development and Management Code be adopted, that the Mayor and City Recorder be authorized to sign the ordinance, and that it become effective upon publication. Motion seconded by Councilmember Wheeler and carried.

8. NELSON LANE LIGHTING REQUEST - Placed On Unfinished Business

Shirley Matheny and Kelli Criswell requested that the City add additional lighting on Nelson Lane next to Walmart and the Carbon County Housing Authority. Mayor Piccolo recommended that a sidewalk be installed before the lighting. Ms. Matheny stated that she will place this request before the Carbon Count Housing Committee for the sidewalk. MOTION. Councilmember Tatton moved that this item be placed on Unfinished Business. Motion seconded by Councilmember Wheeler and carried.

9. MUSEUM FOR PIONEER ARTICLES - Discussion

Rita Alderson requested that the Council consider providing a building for a museum to display items from the pioneer era. She has talked to individuals from the Daughters of Utah Pioneers Museum in Salt Lake and they are willing to give grants to purchase whatever is needed for such a museum. There are a lot of pioneer items that she would like this community to have before they are given to someone else. Councilmember Wheeler indicated that she and Gary Sonntag met with Mrs. Alderson as well as Pam Miller from the CEU Museum on this item. Gary stated that they discussed the old food bank building as well as other potential locations. Mrs. Alderson stated that several people have indicated they would be willing to turn their artifacts over to a museum. Mayor Piccolo asked Mrs. Alderson if she would be interested in placing these artifacts in a secure storage area until a location can be found? He believes the City has such an area to secure these items. He asked Mrs. Alderson to provide the size of an area that would be needed. The Council felt that this would be an asset to the community.

10. PACIFICORP ADDENDUM TO ASSET PURCHASE AGREEMENT APPROVED - East Price Electrical Distribution System

Nick Tatton presented an Addendum to the Asset Purchase Agreement with PacifiCorp for the purchase of the East Price Electrical Distribution System. This addendum covers increased construction costs in the amount of $57,749.00. MOTION. Councilmember Tatton moved that the addendum be approved, that the Mayor be authorized to sign the document and that the added costs be paid. Motion seconded by Councilmember McEvoy and carried.

11. PACIFICORP - Franchise Tax Refund

Nick Tatton presented a letter from PacifiCorp requesting reimbursement in the amount of $202,470.44 for franchise taxes collected from Anadarko Petroleum beginning January, 2002 through March, 2004. This amount was paid to Price City and involved two substations located in the Price area. It has been determined that this tax was collected in error as the two substations were not located within City limits. Nick stated that the City has not received the correct information needed to confirm this claim and are waiting documents from PacifiCorp. MOTION. Councilmember Wheeler moved that Mr. Sampinos be directed to write a letter to PacifiCorp asking for the needed information and if it is found to be correct, that since this amount was collected over a period of years, that the City be allowed be pay this amount in like increments over a period of time as not to present a financial burden to the City. Motion seconded by Councilmember Tatton and carried.

12. CITIZENS SERVICE PROPERTY (OLD BLM BUILDING)- Architectural Services

Gary Sonntag reported that two proposals were received for architectural services for the old BLM building, which is being referred to as the Citizens Service property. After reviewing the two proposals, staff is recommending that the City hire Eaton Architectural Services to complete the work. MOTION. Councilmember Wheeler moved that the recommendation be approved. Motion

December 15, 2004

seconded by Councilmember McEvoy and carried.

13. SAN RAFAEL VETERINARY CLINIC, CAPTURE THE MOMENT BY JANA - Home Occupied Businesses Approved

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for home occupied businesses.

San Rafael Veterinary Clinic - 775 South Fairgrounds Road #B, Rusty Truman-Owner (Ambulatory Vet Services, Office Use Only)

Capture The Moment By Jana - 839 North 500 East, Jana Hopes-Owner (Photographer)

MOTION. Councilmember McEvoy moved that the businesses be approved upon the purchase of a business license. Motion seconded by Councilmember Wheeler and carried.

14. TR ELECTRIC & SUPPLY, SUTHERLAND LUMBER SUPPLY COMPANY - Conditional Use Permits

Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits.

TR Electric & Supply - 80 South 100 West - Change of Use (Contingent upon filing additional application for a sign).

Sutherland Lumber Supply Company - 406 South Highway 55 - Preliminary and Final

MOTION. Councilmember McEvoy moved that the requests be approved and that Conditional Use Permits be issued per the above contingency on TR Electric & Supply. Motion seconded by Councilmember Aguayo and carried.

CONSENT ITEMS. MOTION. Councilmember Wheeler moved that Items #15 through #25 be approved. Motion seconded by Councilmember McEvoy and carried.

15. MINUTES - November 23, 2004, December 1, 2004, December 3, 2004

16. SANTA CLAUS AIR SPACE PERMIT - Night of December 24 and Morning of December 25

17. SHP LESSEE CORPORATION DBA HOLIDAY INN - Ratification For Local Consent For On Premise Banquet Liquor License

18. SHP LESSEE CORPORATION DBA SKYLIGHT RESTAURANT - Ratification For Local Consent For Restaurant Liquor License

19. 2005 MEETING SCHEDULE - Planning and Zoning Commission and City Council

20. GARY SONNTAG, LYLE BAUER, RICK PARRY, SCOTT MARVIDAKIS, RON FOWLER - Travel Approved

Gary Sonntag - Utah City Engineers Association Annual Winter Meeting, January 20, 21, 2005, St. George, Utah

Lyle Bauer, Rick Parry, Scott Marvidakis, Ron Fowler - Utah Nursery and Landscaping Association Conference, January 24-26, 2005, Sandy, Utah

21. NEW UTILITY CONNECTIONS, RECONNECTIONS AND DEPOSITS - New Standard Operating Procedures

22. IS DEPARTMENT - Permission To Purchase Equipment (E-Mail Server and Plotter For Public Works)

23. PUBLIC WORKS COMPLEX ROLL UP DOOR REPLACEMENT (DOME D) - Ratification To Purchase From Central Utah Door In Amount of $4,235.00

24. RESOLUTION #2004-26 - Establishing Water Rate Tables #329 and #332

25. CELL PHONE CONTRACT - One Year Contract With Cellular One

December 15, 2004

26. BUDGET REVISION FY2004/05 - Approved

Pat Larsen presented a copy of the Budget Revision for FY2004/05. In order to revise the budget, she had to find approximately $800,000. All of the departments assisted in reducing their budget, but she is still out $124,900. There is one area that can assist in balancing the revision and that is to charge businesses the full demand meter rate that PacifiCorp is charging the City. Currently the City is not charging businesses the full demand meter rate, which means that they are getting 5 kilowatt hours free. If this were to change, the City would acquire an additional $75,000 for the period January through June, 2005. Another area would be to increase electrical rates. Pat recommended that a letter be sent to those businesses explaining the 5 kilowatt hours that they have been receiving free and that due to budget crunches, that the City can no longer continue to do that. Increased charges would be $27/month for small businesses and $40/month for large businesses. MOTION. Councilmember Tatton moved that the Budget Revision for FY2004/05 reflect the elimination of the 5KWH for businesses, and that a resolution be prepared to that effect. Motion seconded by Councilmember Wheeler and carried.

27. PRICE CITY PERSONNEL POLICIES AND PROCEDURES - Changes Approved

John Daniels recommended the following changes in the Price City Personnel Policies and Procedures:

Change the wording APersonal Days@ to APersonal Choice Holidays@.

Eliminate the provision that employees can use sick leave or vacation leave concurrently with workers compensation benefits.

Mr. Daniels stated that he will continue to present future changes. MOTION. Councilmember Wheeler moved that the recommended changes be approved. Motion seconded by Councilmember McEvoy and carried.

28. LIBRARY - Staff Changes Approved

Bret Cammans reported that at the Council Meeting of November 23, 2004, permission was given to advertise for a 19 1/2/hour week position as a Library Aid. He requested permission to change a current 11 hour/week Library Aid to the 19 2 hour/week position and place a hold on the 11 hour/week position. Councilmember McEvoy stated that in light of the budget deficit and in preparing for the new budget for FY2005/06, she felt it would be wise to continue the 11 hour/week position rather than shift it to the 19 2 hour/week position. Bret Cammans stated that he and the Librarian did consider the budget, but after reviewing the Library=s task detail worksheet, it was felt that the efficiency of some operations can be improved by changing the 11 hour position to the 19 2 hour position. He and the Librarian are also looking at other ways to reduce hours. MOTION. Councilmember Tatton moved that the staff changes as presented be approved. Motion seconded by Councilmember Aguayo and carried by the following vote.

Councimember Wheeler - Aye Councilmember Tatton - Aye

Councilmember McEvoy - Naye Councilmember Aguayo - Aye

29. MOLLY PENOVICH - Accept Resignation and Permission To Advertise For Replacement

John Daniels reported that Molly Penovich, Building Inspection Secretary/Receptionist, submitted her resignation effective December 17, 2004. He reviewed this position with Molly and Kathy Sherman, Public Works Receptionist, as well as other department personnel, Planning and Zoning Administrator Francis Duzenack, and Police Chief Aleck Shilaos. The recommendation from this group of individuals is that this position be filled. MOTION. Councilmember Tatton moved that the resignation of Molly Penovich be accepted and that permission be given to advertise for her replacement. Motion seconded by Councilmember Wheeler. Prior to the vote taken on the motion, Councilmember McEvoy questioned whether this position could be filled with a 6 hour person instead of an 8 hour person. She recommended trying 6 hours, and if it doesn=t work out, then it could be increased to 8 hours. Mayor Piccolo felt that the savings would be marginal. According to what Mr. Daniels has indicated, it sounds as if this has been researched fully. He doesn=t have a problem with the suggestion as long as the Council goes along with it. After further discussion on the issue, the motion passed with the following vote.

Councilmember Wheeler - Aye Councilmember Tatton - Aye

Councilmember McEvoy - Naye Councilmember Aguayo, Aye

December 15, 2004

30. OZONE DISINFECTION EQUIPMENT FOR SWIMMING POOL COMPLEX - CEM Sales and Service - Partial Payment #1

Gary Sonntag presented a request for a partial payment in the amount of $70,000 submitted by

CEM Sales and Service for the purchase of the ozone disinfection equipment for the swimming pool complex. MOTION. Councilmember Aguayo moved that the payment be approved. Motion seconded by Councilmember Tatton and carried.

31. CLASS AC@ ROAD IMPROVEMENTS, TRAFFIC PAINT STRIPING - Peck Striping - Change Order #1 and Final Payment

Gary Sonntag presented Change Order #1 to the contract with Peck Striping for traffic paint striping as part of the Class AC@ Road Improvements. The change order increases the contract $3,479.31 to reflect as-built quantities. Also submitted was a final payment in the amount of $17,498.00. MOTION. Councilmember Wheeler moved that the change order and final payment be approved. Motion seconded by Councilmember McEvoy and carried.

32. UTILITY ASSISTANCE PROGRAM - Permission To Request Donations On Utility Bills

Pat Larsen reported that earlier this year a Utility Assistance Program was adopted by Resolution #2004-21. This program is not intended to relieve customers of their payment responsibilities and obligations, but is meant to assist them while they develop a plan to meet their needs. Volunteer work for Price City was added as a way to reduce their utility bills. It has been found that this method would be more harmful than helpful. It is recommended to eliminate the volunteer work and place a note on utility bills asking customers to donate $1.00 or $2.00 to help individuals with their utility bills. MOTION. Councilmember McEvoy moved that the recommendation be approved. Motion seconded by Councilmember Wheeler and carried.

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

Meeting adjourned at 8:31 p.m.

Reconvened at 8:41 p.m.

Meeting adjourned at 8:50 p.m.

APPROVED:

ATTEST: Joe L. Piccolo, Mayor

Joanne Lessar, City Recorder