Minutes of The Price City Council

City Hall: Price, Utah


October 9, 1996, 5:30 p.m.



Present:

Mayor Lou Colosimo

Councilmembers:

Roy A. Nikas, Betty P. Wheeler, Joe L Piccolo, Steve Bringhurst , Stephen L. Denison

Vern W. Jones (Adminis. Ass't.), Joanne Lessar (City Recorder), Gary Sonntag (City Engineer), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Cobb Johnson (Public Works Dir.), Aleck Shilaos (Chief of Police).

Others Present:
Ray Richens, Pat Richens, Ted Pappas, Norma Letzerich, Denise Letzerich, Tyler Clark, Joyce Clark, Richard H. Morley, Karen Wood, Joy Sanderson, Donna Smith, Karen K. Bliss, Bill Painter, Grace S. Jones, Mary Irey,

Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.


1. INTRODUCTION OF GRACE SAWYER JONES - President of College of Eastern Utah

Councilmember Bringhurst introduced Grace Sawyer Jones, the new President of the College of Eastern Utah. The Council welcomed President Jones to the meeting. Ms. Jones presented the Council with a framed copy of a newspaper article reporting Price City as the winner of the Tidy Town Award for 1996. The Council thanked Ms. Jones for her thoughtfulness.

2. MINUTES - September 25, 1996 Special Meeting

MOTION. Councilmember Nikas moved that the minutes of the special meeting of September 25, 1996 be approved. Motion seconded by Councilmember Denison and carried.

3. MINUTES - September 25, 1996

MOTION. Councilmember Denison moved that the minutes of the September 25, 1996 meeting be approved as written. Motions seconded by Councilmember Wheeler and carried.

4. BID OPENING - Two Trucks For Water and Utilities Departments - Committee Appointed

The following bids were received for the purchase of two trucks for the Water and Utilities Departments.

Community Motors, Price, Utah

1997 Ford Ranger, 114' WB 4X2 $15,533.40

1997 Ford Half Ton 4X4 WB $20,044.30

Mountain View Motors, Price, Utah

1997 Chevrolet S10 117.9' WB $14,988.00

1997 Chevrolet CK1500 131.5' WB 4X4 $19,988.00

Mayor Colosimo recommended that a committee comprised of Councilmembers Piccolo and Nikas, Cobb Johnson, and Pat Colosimo, be appointed to review the bids and given the power to act. MOTION. Councilmember Nikas moved that the committee be approved. Motion seconded by Councilmember Piccolo and carried.

5. HELPER PROJECTS COMMITTEE - Contribution Approved For Brochure

Margaret and Frank Marelli, representing the Helper Projects Committee, requested that the Council consider contributing towards the purchase of brochures advertising the schedule of events for this area. Ten thousand brochures were previously printed and distributed throughout the state by the Travel Council. Helper City and the Travel Council paid for these brochures. They would like to print 3,000 more to last through the end of this year at a cost of $800. The Carbon County Commission has agreed to contribute $400. Because Price City has the restaurants and hotels, they benefit from those people visiting the area for various activities. Tom Neiderhauser, owner of JB'S Restaurant, expressed his support for the brochures. When the Electric Light Parade is in town, extra employees have to be scheduled to handle the additional business. MOTION. Councilmember Denison moved that $400 be contributed for the printing of the brochures. Motion seconded by Councilmember Piccolo and carried. Mrs. Marelli asked the Council to consider funding this in next year's budget for funding for 1997. The committee plans to print 20,000 brochures at a cost of $2,700.

6. SALT LAKE ORGANIZING COMMITTEE (2002 OLYMPIC WINTER GAMES) - Community Participation

Robert Hunter, representing the Salt Lake Organizing Committee, presented questionnaires requesting input from the public regarding the general theme of the 2002 Olympic Winter Games. They are hopeful that Utah residents will respond to the questionnaires by stating their ideas and themes and mail them back to the Committee. They are not looking for a logo or mascot, but a general theme. A logo and mascot will be selected at a later date. These questionnaires will also be advertised through various newspapers. Mr. Hunter asked the City to circulate these questionnaires throughout their City buildings. The Council thanked Mr. Hunter for his input and agreed to circulate the questionnaires.

7. 4-H COUNCIL - Red Ribbon Week

Norma Letzerich, Denise Letzerich, and Tyler Clark, members of the 4-H Council, read Governor Leavitt's proclamation declaring the week of October 20th as Red Ribbon Week. They presented red ribbons to members of the Council and requested that the Council join Governor Leavitt by declaring this same week as Red Ribbon Week in Price City. Mayor Colosimo signed the proclamation.

8. COLLEEN QUIGLEY - Permission To Use Parkway

Mayor Colosimo presented a letter from Colleen Quigley, a member of the Carbon County Domestic Violation Coalition. Ms. Quigley is planning specific activities and public awareness events during the month of October, which is STOP DOMESTIC VIOLENCE month. She is requesting permission to use the parkway located on 1st North between 1st and 2nd East between October 11th through October 31st. Plans are to temporarily place a clothes line with blouses or shirts representing a domestic homicide last year. MOTION. Councilmember Bringhurst moved that the request be granted. Motion seconded by Councilmember Denison and carried.

9. CARBON COUNTY TRAVEL BUREAU - Price River Parkway - Struck

10. RICHARD MORLEY (WIX PLAZA) - Lease Agreement - Tabled

Richard Morley, owner of Wix Plaza, discussed the lease agreement for parking for Wix Plaza beginning August, 1996 through August, 2002. The previous 5-year lease gave him the first right to negotiate a new lease agreement upon its termination. He disagrees with the present lease, which eliminates this right. Councilmember Nikas stated that one of the concerns is a long term lease on City property and making future Councils responsible. It is unknown what the City may need five years from now. Generally, the City's policy on any parking lot they may own is open to the public, and nothing is reserved other than "handicapped parking", or employee parking. If any lease is continued for several years, then maybe it should be considered as surplus property and put up for bid and sold. However, at this time, the Council feels comfortable with a 5 year lease. Mr. Morley referred to an easement granted him approximately 10 years ago that traded parking spaces. As Mr. Sampinos was unaware of this easement, it was recommended that the item be tabled for further review.

11. ROSIE'S DELI AND BAKERY - Local Consent For On-Premise Beer License

Councilmember Nikas reported that Rosie's Deli is requesting permission for local consent for an on-premise beer license. MOTION. Councilmember Nikas moved that local consent be given for an on-premise beer license. Motion seconded by Councilmember Bringhurst and carried.

12. HELPER INTERMOUNTAIN THEATER - Sponsor For Christmas Production - Tabled

Mary Irey, Helper Intermountain Theater, thanked Price City for all the help they have given the Theater in the past. This year they plan to provide a Christmas production in Price at the Geary Theater. Last year, the proceeds from the Christmas production were given to charities. This year they have chosen to work on a campaign with United Way and will contribute 50% of the proceeds to provide winter coats and shoes to the children of Carbon County between the ages of 0 -18 years. They try to become involved in all of the cities within Carbon County. She requested that the City consider sponsoring the Christmas production and provide a contribution. The Council recommended that this be tabled for the next agenda and that the status of the funds in the budget for this type of contribution be evaluated.

13. COLLEGE OF EASTERN UTAH - Request To Waive Building Permit Fee For Phase III of Aaron Jones Dorm


MOTION. Councilmember Bringhurst moved that with the exception of hard costs, that building permit fees be waived for the construction of Phase III of the Aaron Jones Dorm at the College of Eastern Utah. Motion seconded by Councilmember Piccolo and carried.

14. FAZZIO WATER COMPANY - City To Take Over Water Company

Ted Pappas, representing the Fazzio Water Co. in Carbonville, asked if they could turn their water company over to the City to maintain and read the meters. Councilmember Piccolo reported that he had done some research. At the present rate, the connections are producing approximately $3,500/year. In reviewing this with the Utilities Department, it is felt it would be advantageous for the City to accept this proposal. MOTION. Councilmember Piccolo directed that a document be prepared to accept the Fazzio Water Co. and all its assets for approval at the next meeting. Motion seconded by Councilmember Wheeler and carried.

15. EDDIE HORVATH - Discussion of Pet Animals On Residents Property

Nick Sampinos presented an analysis of the ordinance relating to animal control and the ability to harbor animals on private property. He reported that an issue has arisen involving a hawk, descented skunk, and a tortoise that Eddie Horvath has on his property. Eddie's neighbors, Don and Donna Smith, have registered a complaint, stating that these are wild animals. Eddie's Conditional Use Permit to operate the Castle Valley Animal Center was revoked effective September 28, 1996. He has complied with the requests of the City. However, Eddie has expressed his desire to retain these animals as pets on his premises. Does the Council want these animals identified as pets and remain on Mr. Horvath's premises or should he get rid of them? Karen Wood, Mrs. Smith's daughter, stated that according to the Wildlife Division, these animals are not considered pets. They are to be rehabilitated and released. Police Chief Aleck Shilaos stated that upon inspection of Mr. Horvath's property, he found the hawk and the skunk housed as far away from the Smith's property as possible. Mr. Horvath has a permit to keep the hawk. As far as Wildlife is concerned, they do not have a problem with it. He uses these animals for educational purposes. The eagle is housed somewhere else and he brings it to his premises when the kids come down. He shows the eagle and then he takes it away. Ms. Wood stated that Eddie does not have a permit for educational purposes. It was felt that if the State law does not classify the above animals as pets, then it would be a Wildlife issue, not a City issue. Police Chief Shilaos stated that he would contact the Wildlife division for clarification.

16. RAY RICHENS - Purchase of City Property Approved

Ray Richens, 867 North 600 East, stated that approximately two years ago, he received permission from the City Council to purchase a parcel of City property 40' X 75' adjacent to his home. The total footage of the whole portion of property that the City owns is 110' X 150' deep. He recently decided to go ahead with the purchase. However, at their last meeting, the present City Council denied his request. The reason given was due to the flood ditch easement. He asked the Council to again review his request, and offered to purchase all of the property and leave the easement as it is, until such time as it could be used as a building lot. Vern Jones stated that he conducted a research and found that this area is in an SS6 zone, which requires a building lot to be 6,000 square feet. This particular piece of ground can not be sub-divided because it is only 110' wide. It is not large enough for two lots.

Councilmember Nikas stated that it was the Council's concern that if in the future the drainage ditch is eliminated, they didn't want to cut up a piece of property to the point where it was worthless. Mr. Richens felt that if he were allowed to purchase the 40' X 75' parcel, there would still be enough left for a building lot. The Council asked Mr. Richens if he would accept a smaller portion than requested. Mr. Richens stated that he would need all of the amount stated above. Discussion continued regarding what amount of property would suit Mr. Richens' needs. Mr. Richens agreed to a parcel 35' X 75'. MOTION. Councilmember Piccolo moved that a parcel 35' X 75' (2,625 square feet) be sold to Mr. Richens at the appraisal price of $1.00/ft. or $2,625 plus the $300 appraisal fee for a total of $2,925, that the deed be prepared, and that the Mayor and City Recorder be authorized to execute the document. Motion seconded by Councilmember Wheeler and carried.

17. CLIFFVIEW CEMETERY - Permission To Receive bids On Hydroseeding

MOTION. Councilmember Bringhurst moved that permission be given to receive bids on hydroseeding the northeast portion of Cliffview Cemetery. Motion seconded by Councilmember Denison and carried.It is estimated that the hydroseeding will cost $2,700.

18. MERIT PAY - Committee Assigned

MOTION. Councilmember Bringhurst moved that a committee consisting of Councilmembers Wheeler and Denison, Cobb Johnson, Pat Larsen, Vern Jones, and Aleck Shilaos, be appointed to review the evaluation process and merit pay. Motion seconded by Councilmember Denison and carried.

19. PLANNING MEETING SCHEDULED - October 21st

MOTION. Councilmember Bringhurst moved that a planning meeting be scheduled for Monday, October 21st, at 5:00 p.m. Motion seconded by Councilmember Denison and carried.

20. STATE OF UTAH, STATE LIBRARY DIVISION - Public Library Service Development Grant

Councilmember Wheeler presented a grant from the Utah State Library Division in the amount of $6,927.00. The funds are to be used to improve basic library services and for material over and above current levels of local financial support. MOTION. Councilmember Wheeler moved that the grant be approved and that the Mayor and City Recorder be authorized to execute the contract. Motion seconded by Councilmember Piccolo and carried.

21. CEU PREHISTORIC MUSEUM ROOF REPAIR - Hansen Roofing Co. - Ratification Of Contract

Councilmember Wheeler reported that verbal approval was given to enter into a contract with Hansen Roofing Co. to repair the roof of the CEU Prehistoric Museum at a cost of $19,300. MOTION. Councilmember Wheeler moved that this action be ratified, and that the Mayor and City Recorder be authorized to execute the contract. Motion seconded by Councilmember Nikas and carried.


22. AFFORDABLE HOMES DEVELOPMENT, CELEBRATIONS, JOY TECHNOLOGIES, CASTLE VALLEY SERVICES - Conditional Use Permits

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

Affordable Homes Development, 100 South 600 East

Celebrations, 60 East 100 North - Reception Center

Joy Technologies, 1556 East Airport Road - Mobile Office

Building

Castle Valley Services, 140 North Cedar Hills Drive -

Retail Greenhouse

MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.

23. GARY SONNTAG, JOANNE LESSAR, SHARON KLARICH - Travel Approved

Mayor Colosimo presented the following travel requests and recommended approval.

Gary Sonntag - Utah Floodplain Management Association Fall/Winter Conference, November 13, Ogden, Utah

Joanne Lessar, Sharon Klarich - Utah Business License Association Fall Conference, October 11, Cedar City, Utah

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

24. JACK MARINAC - Appointment As Library Boardmember

FRANCIS DUZENACK - Appointment As ADA Coordinator

Mayor Colosimo recommended that Jack Marinac be appointed as a Library Boardmember and Francis Duzenack as the ADA Coordinator. MOTION. Councilmember Denison moved that the appointments be ratified. Motion seconded by Councilmember Bringhurst and carried.

25. ORDINANCE #96-010 - Castle Valley Service Zone Change, CD Zone To MD Zone

ORDINANCE #96-011 - Joy Manufacturing Zone Change, CD Zone To MD/MG Zone

Mr. Sampinos presented Ordinance #96-010, amending a portion of the 1987 Land Development Code relating to changing a portion of the present CD Zone to MD Zone in an area located south of Airport Road and requested by the Castle Valley Service. He also presented Ordinance #96-011, amending a portion of the 1987 Land Development Code relating to changing a portion of the present CD Zone to MD/MG Zone in an area located south of Airport Road requested by Joy Manufacturing MOTION. Councilmember Piccolo moved that Ordinances #96-011 and #96-011 be approved, that the Mayor and City Recorder be authorized to sign the ordinances and that they become effective upon publication. Motion seconded by Councilmember Wheeler and carried.

26. 600 EAST EMERGENCY WATER LINE REPLACEMENT - Nelson Irrigation and Construction Co. - Contract Ratified

Mr. Sonntag reported that verbal approval was received to replace the water line on 600 East between Main Street and 100 North and to enter into a contract with Nelson Irrigation and Construction Co. for a quotation of $28,935.30. The water line was severely deteriorated from corrosion and there was a dangerous electrical charge traveling through this section of pipe. As Nelson Irrigation and Construction Co. was in the area to complete other water line replacements in the City, it was recommended that they be given this job as well. MOTION. Councilmember Bringhurst moved that the action be ratified. Motion seconded by Councilmember Denison and carried.

27. ADA REMODEL TO PUBLIC LIBRARY - Kent Stilson Const. co. - Partial Payment #2

MOTION. Councilmember Wheeler moved that Partial Payment #2 in the amount of $5,871.80 be paid to Kent Stilson Const. Co. for their contract on the ADA Remodeling Project to the Library. Motion seconded by Councilmember Bringhurst and carried.


28. ADA REMODELING TO PUBLIC LIBRARY - Acceptance of Project

Gary Sonntag reported that the ADA Remodeling Project on the Library has been completed per specifications. Robert Eaton, Architect, has reviewed the work and feels that everything has been done satisfactorily. Francis Duzenack has inspected the work and has issued a Certificate of Occupancy. He requested that the Mayor and City Council accept the completed work. MOTION. Councilmember Wheeler moved that the project be accepted as complete, and that a letter be issued to the State Division of Community Development indicating this action. Motion seconded by Councilmember Bringhurst and carried.

29. FINANCE DEPARTMENT - Permission To Create Job Description For Part Time Position

Pat Larsen requested permission to hire a part time person to assist in her department, as well as the Police Department during lunch hours and in the Personnel Departments. Funds for this position are in the budget, as she has had two other employees from other departments help her in the budget process and train on payroll. However, due to the requirements in their own departments, they have not been to her office for several months. She has three major projects coming up and needs assistance. MOTION. Councilmember Piccolo moved that the job description be created. Motion seconded by Councilmember Wheeler and carried.

30. BUSINESS LICENSE APPLICATIONS

The following business license applications were received.

Nelson's Outdoors, 790 West Price River Drive, Kurtis Nelson-Owner, Motor Vehicle Dealer (55.1) $5 Transfer Fee-Change of Ownership

Celebrations, 60 East 100 North, Carol Sue Davis/Lonnie Giraud-Partners, Catering Business (73) $50 Half Year Fee

MOTION. Councilmember Nikas moved that the businesses be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.

31. 4WD BACKHOE LOADER - Contract Awarded

Councilmember Nikas reported that the committee assigned to review the bids for the 4WD Backhoe Loader awarded the contract to M & R Equipment, the low bidder.

32. POLICE CARS - Contract Awarded

Cobb Johnson reported that the purchase of two police cars have been awarded to Community Motors.

33. SHELDON HANSEN - Request To Take Over Roadway Denied

Mayor Colosimo reported that a letter has been received from the Carbon County Commission stating that they will not participate in the upgrade of the private roadway owned by Sheldon Hansen. At a previous Council Meeting, Mr. Hansen reported that the County indicated to him that they would participate. Mayor Colosimo recommended that a letter be written to Mr. Hansen stating that the City denies his request. Councilmember Piccolo recommended stating in the letter that if the roadway were brought up to City Standards, that the City would accept it and take it over.

Meeting adjourned at 8:05 p.m.