March 8, 1995, 5:30 p.m.
Present:
Mayor Lou Colosimo
Councilmembers:
L. Lamond Williams, Theressa O. Frandsen, L. Janet Oliveto, Roy Nikas
Cobb Johnson (Public Works Director), Vernon W.
Jones (Adminis. Assist.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City
Attorney), Gary Sonntag (City Engineer), Aleck
Shilaos (Chief of Police)
Absent and Excused: Councilmember James L. Jensen
Others Present:Chris Fassett, Jacob Smith
Chris Fassett and Jacob Smith, Boy Scout Troop #280, led the Pledge of
Allegiance. Roll was called with the above members in attendance.
1. MINUTES - February 22, 1995
Councilmember Frandsen moved that the minutes of the February 22, 1995
meeting be approved as written. Motion seconded by Councilmember Oliveto and carried.
2. RESOLUTION #95-06 - Budget Revision For FY1994/95
Mayor Colosimo opened the hearing at 5:31 p.m. to receive comments on the
budget revision for FY1994/95. There being no comments, Councilmember Nikas moved that the
hearing be closed. Motion seconded by Councilmember Oliveto and carried. Public Hearing
adjourned at 5:32 p.m. Councilmember Nikas moved that Resolution #95-06, revising the
budget for FY1994/95 be approved, and that the Mayor and City Recorder be authorized to
sign the resolution. Motion seconded by Councilmember Oliveto and carried.
3. COMPUTER CAD SYSTEM FOR WATER DEPARTMENT - Permission To Purchase
Councilmember Williams moved that permission be given to purchase a
computer CAD system for the Water Department. Motion seconded by Councilmember Frandsen
and carried.
4. HOME OCCUPIED BUSINESSES - Lisa's Nails, The Window Connection, M & W Sales, Wood
N' Leather Specialties
Councilmember Williams reported that the Planning and Zoning Commission
gave a favorable recommendation for the following home occupied businesses with the
stipulations as stated:
Lisa's Nails, 535 North Cottonwood Road, Lisa Bridge-Owner
(Acrylic Nails)
The Window Connection, 291 South 700 West, Debra Weston-Owner
(Retail Window Blinds - one week limit on sign in customer's yard for advertisement purposes)
M & W Sales, 248 South 5th Avenue, Melba & Ward Black-Owners
(Catalogue Orders For Jewelry)
Wood N' Leather Specialties, 522 North Cottonwood, Tim &
Diane Madden-Owners (Wood and leather crafts - subject to inspection by Fire Chief and
Building Inspector)
Councilmember Williams moved that the businesses be approved upon payment
of the business license fee. Motion seconded by Councilmember Oliveto and carried.
5. BELLY SOFT CONSULTING - 17 East Main, Sign, Conditional Use Permit
Councilmember Williams reported that the Planning and Zoning Commission
gave a favorable recommendation for a sign for Belly Soft Consulting, 17 East Main. He
moved that a conditional use permit be issued. Motion seconded by Councilmember Frandsen
and carried.
6. WESTWOOD BLVD., HOSPITAL DRIVE INTERSECTION - New Street Access
Gary Sonntag reported that the Planning and Zoning Commission gave a
favorable recommendation for a new street access and a 4-way intersection across from
Hospital Drive, and that the City make a request to UDOT for access. This item was
approved by the Council at the last meeting. Councilmember Williams stated that P & Z
recommended a 100' access. The Utah Department of Transportation is suggesting that 50'
come from UDOT property, and the adjacent property owner donate the other 50'. Gary stated
that the Commission was interested in making sure it will be a 4-way intersection with
Hospital Drive. Councilmember Williams recommended that UDOT be asked to consider another
exit off the bypass where it crosses Gordon Creek road. This would alleviate a lot of
traffic at the intersection.
7. CARL E. SITTERUD - Board of Adjustment Request - Setback Variance, 545 Windsor Drive
Councilmember Williams reported that the Planning and Zoning Commission
gave a favorable recommendation for a setback variance for Carl E. Sitterud, 545 Windsor
Drive. Mr. Sitterud would like to enclose his carport and needs a 3' variance from the
side yard setback. He moved that a favorable recommendation be given to the Board of
adjustments for a variance. Motion seconded by Councilmember Nikas and carried.
8. KATHRYN BURNHAM, ALECK SHILAOS, VERN JONES - Travel Approved
Mayor Colosimo presented the following travel requests and recommended
approval:
Kathryn Burnham - Treasurers Spring Conference, April 19-21, St. George
Aleck Shilaos - National Rural Law Enforcement Center, April 3, 4, Salt Lake (Federal Government will pay all costs)
Vern Jones - Colorado Plateau Meeting, March 3, 4, Moab
Councilmember Oliveto moved that the travel be approved. Motion
seconded by Councilmember Nikas and carried.
9. BRIANNA WELCH, WAYNE MORRISON, RON NEWMAN - Rehires Approved
Mayor Colosimo presented the following rehires and recommended approval:
Brianna Welch, Wayne Morrison, Ron Newman - Parks/Cemetery
Departments, Laborer
Councilmember Frandsen moved that the rehires be approved. Motion seconded
by Councilmember Williams and carried.
10. SID NELSON - Consultant For Swimming Pool Boiler Repair
Joanne Lessar reported that in an earlier meeting, a contract with Sid
Nelson for repair of the swimming pool boiler was approved. As Sid does not have a
contractor's license, the contract was cancelled. Mr. Sampinos recommended that we hire
Sid Nelson as a consultant at a rate of $23/hour. Councilmember Nikas moved that Mr.
Nelson be hired as a consultant per the above rate. Motion seconded by Councilmember
Oliveto and carried.
11. 8TH NORTH TRAFFIC PROBLEM - Castle Heights Residents
Joel and Carrie Frandsen, Castle Heights residents, discussed a traffic
problem along 8th North. High school kids have been using this street as a drag strip, and
he is concerned for the safety of neighborhood children. He asked if there could be speed
bumps or stop signs installed. Mayor Colosimo directed that Police Chief Shilaos, Gary
Sonntag, and Cobb Johnson review this for a solution. Andy King, another resident,
discussed his concern over residents using this road instead of Airport Road to haul trash
to the dump. Garbage flys out of their vehicles and collects all over the street. He also
expressed concern over the number of kids driving ATV's and leaving the residential area
to ride in the desert. They travel at extreme speeds so they can make it to the desert
before a patrol officer sees them. He has no problem with the ATV's wheelers and asked if
an ordinance could be adopted in this neighborhood to allow these kids to travel to the
desert at a slow rate of speed, stop at intersections, and require them to wear helmets.
Nick Sampinos stated that the State law prohibits ATV's from traveling on streets.
12. COPS FAST GRANT - Permission To Accept Grant
Police Chief Shilaos requested permission to accept the COPS Fast Grant,
which authorizes 75% of an officer's salary for one year, and if all goes well, a total of
3 years. The City would have to fund 25% or $8,000/year. In addition, Chief Shilaos
requested permission to advertise for the additional officer. Councilmember Oliveto moved
that the grant be accepted and that authorization be given to advertise for another
officer. Motion seconded by Councilmember Nikas and carried.
13. COPS MORE GRANT - Permission To Submit Grant Application
Police Chief Shilaos requested permission to submit an application for a
COPS MORE Grant to purchase items for the department. If the grant is approved, he would
like to use the funds to purchase a vehicle. This is a 75% grant with 25% matching.
Councilmember Oliveto moved that permission be given to submit an application for the
grant. Motion seconded by Councilmember Nikas and carried.
14. DOMINIC OLIVETO, JUNE OLIVETO - Purchase of Property
Nick Sampinos reported that he received a letter from Michael Jensen,
attorney for Dominic Oliveto and June Oliveto, asking that the Council consider declaring
a certain strip of land as surplus and allowing the Oliveto family to purchase the
property. The parcel is situated north of the north boundary of the Oliveto property
between the boundary and the canal. It appears that the City has no access to this piece
of property. Clay Holbrook conducted a title search which shows the City as the owner.
State statutes allow the City to legally sell parcels of land to private individuals.
Nick's recommendation is to have an appraisal to determine the value. The property could
then be made available to the Olivetos for the appraisal price, including the cost of the
appraisal. Councilmember Oliveto was present at the meeting but did not participate in the
discussion of this request.
Nick felt Gary should review the plat map for the legal description and to
make sure this is the actual parcel of property discussed by both parties. Gary questioned
a parcel of property 15' wide on the east side of the Oliveto property. The north edge of
this property is 25.69' south of the fence. If the description on the plat map were used,
there is a 15' piece of property that jogs at the top. Gary asked if it would be
conceivable to sell the additional 15' so that the property on the east boundary is
straight all the way to the fence. Nick suggested that if the City desires to sell the
additional 15 feet, it can be an option for the Olivetos or the City can stipulate it as a
specific condition. Gary will review the description and respond to Mike Jensen.
Councilmember Williams moved that upon a satisfactory review by Gary that everything is in
order and upon Nick's concurrence, that the property be sold, including the 15' jog to the
fence line. In addition, that the City request and pay for an appraisal, and that the
costs of the appraisal be included in the selling price. Motion seconded by Councilmember
Nikas and carried. Councilmember Oliveto abstained. Dominic Oliveto agreed to pay the
appraisal costs even if he does not purchase the property.
15. CHLORINE CONTROL SYSTEM FOR INDOOR SWIMMING POOL - Permission To
Purchase
Councilmember Nikas moved that permission be given to purchase a chlorine
and PH level control system for the indoor swimming pool. Motion seconded by Councilmember
Oliveto and carried.
16. UTILITY VEHICLE - Permission To Waive Bidding Procedures For Purchase
of Used Vehicle - Tabled
17. WATER EXPANSION PROJECT, WATER TANK CONSTRUCTION - Permission To
Advertise To Receive Bids
Councilmember Williams moved that permission be given to advertise to
receive bids for the construction of water tanks. Motion seconded by Councilmember Nikas
and carried.
18. BUSINESS LICENSE REQUEST - Rod Pace, Manager of Rookies - Struck
19. BUSINESS LICENSE APPLICATIONS - Postcards Plus, Discount Grocery Mart
The following business license applications were received:
Postcards Plus, 375 South Carbon Avenue (BTAC), Jerry B. Anderson-Owner, Wholesale Postcards (50) $100
Discount Grocery Mart, 150 South 700 East, Jane Bernache-Owner,
Grocery Store (54) $100
Councilmember Williams moved that the businesses be approved. Motion
seconded by Councilmember Nikas and carried.
20. JEFF HAYES - Purchase of Property
Vern Jones reported that Jeff Hayes contacted the City some time ago
regarding the purchase of a parcel of property owned by the City located near the old
laundromat above 1st North. He is now prepared to complete the purchase. An appraised
price of $.25/square foot was quoted to Mr. Hayes at the time he approached the City. Vern
asked the Council if they wanted to change the asking price or leave it at the above
amount? Councilmember Williams moved that the property be sold to Mr. Hayes at the above
appraised amount. Motion seconded by Councilmember Frandsen and carried.
21. COMMUNITY PROGRESS - Update
Councilmember Frandsen reported that members of the Community Progress
spent 3 hours riding around the City making a list of all properties that need to be
cleaned up.
22. ART NICKAS - Sewer Back-Up
The Council discussed the status of the sewer claim submitted by Art
Nickas. Councilmember Williams stated that the only problem found at the time this was
investigated was the accumulation of grease. It is still unknown who the businesses are
that are connected to this particular sewer line. Councilmember Nikas stated that the
insurance notified Art Nickas that the City was not liable for the back-up. From the video
taken of the line, it was found that a lot of grease had accumulated on top of the gravel
and dirt that was in the line. Evidently gravel and dirt seeped in from other broken lines
that were dumping into the sewer. The gravel and dirt, along with the grease, had to be
pumped out in order to continue filming the sewer line. The Water Department periodically
flushes these lines out. Councilmember Oliveto felt that if the gravel caused the back-up,
it was wrong for the insurance to deny the claim. Councilmember Williams stated that the
insurance company determined that grease was the cause of the back-up, and since they did
not have a grease trap, which is required by law, the claim was denied. The City has not
required the old restaurants in the community to install these grease traps, which is the
law. Councilmember Nikas stated that he is now sure the insurance company was notified
following the video that showed the gravel in the lane. In discussion with Mr. Tatton, the
City's insurance agent, just because there was a back-up, doesn't necessarily mean the
City was at fault. Because the video showed gravel and broken lines going into the sewer
line, there may be some negligence that the insurance company needs to know about. This
will be reviewed with the insurance agent.
Councilmember Nikas moved that the meeting adjourn and that a meeting
of the Redevelopment Agency convene. Motion seconded by Councilmember Oliveto and carried.
Meeting adjourned at 6:45 p.m.
Reconvened at 7:13 p.m.
Meeting adjourned at 7:15 p.m.