May 8, 1996, 5:30 p.m.
Present:
Mayor Lou Colosimo
Councilmembers:
Roy A. Nikas, Betty P. Wheeler, Steve Bringhurst, Stephen L. Denison, Joe L. Piccolo
Vernon W. Jones (Adminis. Assistant), Joanne Lessar
(City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City
Attorney), Gary Sonntag (City Engineer), Aleck
Shilaos (Chief of Police)
Others Present: Mary Irey, Stefano
Loverso, Viola Tesch, Eddie Horvath, Jill T. Alcaraz, Don R.
Johnston, Mildred Simmons, Jeannie Housekeeper, Russell Leighton,
Terry Houser, Coella Houser,
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in
attendance.
1. MINUTES - April 24, 1996
Motion. Councilmember Nikas moved that the minutes of the
April 24, 1996 meeting be approved. Motion seconded by Councilmember Wheeler and carried.
Gary Sonntag reported that the Public Hearing scheduled for tonight
regarding the rezoning of property adjacent to Joy Manufacturing, has been postponed.
2. HELPER INTERMOUNTAIN THEATER - Rental Fees Waived For Civic Auditorium
Motion. With the exception of all hard costs, Councilmember
Wheeler moved that rental fees for the Civic Auditorium be waived for a performance
presented by the Helper Intermountain Theater scheduled for July 11th. Motion seconded by
Councilmember Bringhurst and carried.
3. BID OPENING - Cedar Hills Drive, Class "C" Road Improvements
-Committee Appointed
The following bids were received for the Cedar Hills Drive Class
"C" Road Improvements.
Schedule A Schedule B
Henrie Construction $61,001.40 $28,738.00
Valley Asphalt $49,586.00 $20,946.20
Motion. Councilmember Nikas moved that a committee comprised
of himself, Councilmember Bringhurst, Cobb Johnson, Gary Sonntag, Dick Perea and Pat
Larsen, be appointed to review the bids and given the power to act. Motion seconded by
Councilmember Piccolo and carried.
4. TERRY & COELLA HOUSER - Request To Purchase City Property - Tabled
Terry and Coella Houser, 96 East 900 North, requested that the Council
consider selling them a parcel of property directly south of his house and to the east to
100 North Street. Mayor Colosimo stated that if the City decided to sell it, it would have
to be put up for bid. Vern Jones reported that since Olsen Reservoir is the City's storage
area, this request would put City property at the top of the dike. Whatever the City does
in the future to use this property, the embankment would have to be used for fill. Mr.
Houser stated that he would like the property to construct a private swimming pool and for
additional parking. He would accept a smaller portion if necessary. Mayor Colosimo stated
that the Council will review this further and will get back to Mr. Houser.
5. NATIONAL ASSOCIATION OF LETTER CARRIERS - Proclamation
Mayor Colosimo presented a proclamation to Jill Alcaraz, proclaiming May
11 as "Letter Carriers Food Drive Day". Mrs. Alcaraz, representing the National
Association of Letter Carriers, explained that the community is being asked to place
nonperishable food in a bag near their mailbox prior to mail delivery on Saturday, May 11.
The letter carriers will then deliver it to local food banks. Jeannie Housekeeper,
representing United Way, stated that this also involves the AF of L CIO, the Postmasters,
and United Way. They thanked Mayor Colosimo for the proclamation.
6. DON JOHNSON - BMX Track - Tabled
Don Johnson requested that the BMX Track at Terrace Hills Park be
reactivated. A lot of people in the area, including Steve Christensen from Carbon
Recreation, have contacted him about starting the racing events again and that they would
be willing to help him. He would like to open it as an ABA sanctioned track. The Council
questioned what arrangements and terms of the contract was in effect for the previous
operator. They will review this with the City Attorney and report at the next meeting.
7. CASTLE COUNTRY WILDLIFE CENTER - Request To Purchase Bird Trap
Eddie Horvath, owner of Castle Country Wildlife Center, requested that the
Council consider assisting him in funding the costs to purchase a special trap for
nuisance birds, such as pigeons. He has been asked by several entities, including the
Price Police Dept., to purchase this trap. Cost of the trap is $156.00. Vern Jones
reported that the City received a complaint from a resident concerning the wildlife
operation at Mr. Horvath's home. A committee has been assigned to look into this. Chief
Shilaos recommended that the Police Department purchase the trap through Animal Control
and he can check it out to Mr. Horvath. They will work together to maintain it. Motion.
Councilmember Nikas moved that the trap be purchased through Animal Control as recommended
above. Motion seconded by Councilmember Piccolo and carried.
8. SUN ADVOCATE - City Sponsorship For Carbon High Graduation Pictures
Motion. Councilmember Wheeler moved that the City sponsor an
ad in the Sun Advocate for Carbon High Graduation Pictures at a cost of $25.00. Motion
seconded by Councilmember Nikas and carried.
9. COLLEGE OF EASTERN UTAH - Construction Staging Area Agreement
Mr. Sampinos presented an agreement between Price City and CEU, which
provides to the college the use of a vacant lot on 3rd East (formerly the old outdoor
swimming pool). This lot will be used as a construction staging area during a construction
project on the college campus. The agreement states that the City will allow the college
to use the vacant lot at no charge, but reserves the right to cancel the agreement on 10
days notice in the event the City has need for it. CEU will be responsible to provide
electrical power or any personal property placed on the property, and to hold Price City
harmless from any liability. Motion. Councilmember Denison moved that the
agreement be approved and that the Mayor and City Recorder be authorized to execute the
documents. Motion seconded by Councilmember Bringhurst and carried. The agreement is for a
period of 18 months and will be dated on the actual construction date.
10. ORDINANCE #96-003 - Designated Overnight Parking Areas
Mr. Jones presented Ordinance #96-003, revising Price Municipal Code 1988,
concerning the use of designated overnight parking areas. Motion.
Councilmember Bringhurst moved that Ordinance #96-003 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.
11. COMMUNITY PROGRESS - Permission To Waive Bidding Procedures To
Sandblast Electric Light Poles - Tabled
Joanne Lessar reported that a member of the Community Progress member is
requesting that Castle Valley Steam Cleaning be allowed to sandblast and prime the light
poles. After the poles are sandblasted, City forces will be asked to paint them. Russell
Leighton, owner of Castle Valley Steam Cleaning, presented a bid for $35.00 per pole. It
was recommended that more research be done, such as to the exact number of poles and if it
would be possible for City crews to do this. The item was tabled for further review.
12. CEMETERY - Request To Trade Plots (Johnstun)
Councilmember Bringhurst reported that an individual by the name of
Johnstun who lives in another city is requesting that he be allowed to trade a single
grave space in one location of the cemetery for a double space in another area of the
cemetery and. The individual would pay the difference in cost. Motion.
Councilmember Bringhurst moved that the request be approved and that the individual pay
the difference between a single and double plot. Motion seconded by Councilmember Denison
and carried.
13. UTILITIES DEPT. - Permission To Waive Bidding Procedures To Purchase Water Meters
Councilmember Nikas reported that the Utilities Department has received
two proposals for the purchase of 68 water meters. Proposals were received from
Mountainland in the amount of $14,204.38 and Hydro Specialties for $11,537.21. These are
the only suppliers in the state. Motion. Councilmember Nikas moved that
bidding procedures be waived to purchase 68 water meters from Hydro Specialties. Motion
seconded by Councilmember Bringhurst and carried.
14. J J'S IMPRESSIONS, CHALET CONSTRUCTION CO. - Home Occupied Businesses Approved
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation for the following home operated businesses.
J J's Impressions, 770 North 800 East - Jeanette Strong-
Owner - Painting of bird houses.
Chalet Construction Co., Inc, 770 North 800 East - Robert
R. Strong-Owner - Contractor
Motion. Councilmember Piccolo moved that the businesses be
approved upon payment of the business license fee. Motion seconded by Councilmember
Wheeler and carried.
15. AUTO VALUE PARTS STORE - Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommending for the following Conditional Use Permit.
Auto Value Parts Store, 600 East Main - Sign
Motion. Councilmember Piccolo moved that the sign be
approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember
Wheeler and carried.
16. THE FAMILY SUPPORT AND ADVOCACY CENTER OF SOUTHEASTERN UTAH
-Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommending for the following Conditional Use Permit.
The Family Support and Advocacy Center of Southeastern Utah, 300
East 100 North - Terry Gibbs-Director - Sign and business contingent upon the structure
meeting the building and fire codes.
Motion. Councilmember Piccolo moved that the center be
approved and that a Conditional Use Permit be issued per the above stipulation. Motion
seconded by Councilmember Wheeler and carried.
17. PAT GROSS, IRENE FOSSAT - Resignations, Permission To Advertise For
Replacement
Motion. Councilmember Nikas moved that the resignations of
Pat Gross and Irene Fossat be accepted and that permission be given to advertise for their
replacements. Motion seconded by Councilmember Piccolo and carried.
18. LIBRARY DEPARTMENT - Permission To Hire On-Call Library Aide
Motion. Councilmember Wheeler moved that permission be given
to advertise for an on-call Library Aide. Motion seconded by Councilmember Denison and
carried.
19. DENNIS BOWER - New Hire Approved
Mayor Colosimo presented the following new hire and recommended approval.
Dennis Bower, Weed Dept., Laborer, Temp/FT
Motion. Councilmember Bringhurst moved that the new hire be
approved. Motion seconded by Councilmember Piccolo and carried.
20. JOANNE LESSAR, SHARON KLARICH - Travel Approved
Mayor Colosimo moved that the following travel requests be approved.
Joanne Lessar, Sharon Klarich - Utah Business License
Association Spring Conference, May 17, Ogden
Motion. Councilmember Piccolo moved that the travel be
approved. Motion seconded by Councilmember Wheeler and carried.
21. TENTATIVE BUDGET APPROVED - FY1996/97
Pat Larsen presented the tentative budget for FY1996/97. The General Fund
is $4.5 million dollars, with a 3.1% cost of living and a 3% increase in electric rates.
She requested that a public hearing be scheduled to adopt the budget. Motion.
Councilmember Denison moved that the tentative budget be approved and that a Public
Hearing be scheduled for the next meeting. Motion seconded by Councilmember Nikas and
carried.
22. RESOLUTION #96-03 - Fee Schedule For Services Provided By Utilities
Office
RESOLUTION #96-04 - Record Keeping Procedures Followed By Price City
and City Sanitation, Inc.
Mr. Sampinos presented and explained Resolution #96-03, establishing a fee
schedule for services provided by the Price City Utilities Offices, and Resolution #96-04,
identifying the record keeping procedures to be followed by Price City and City
Sanitation, Inc., and recommended approval. It was noted that besides the
"snowbirds" being designated as exceptions, that were also other exceptions. Mr.
Sampinos stated that in a letter to Michael Harrison, attorney for City Sanitation, he
stated that the exceptions are not only for those residents who move to warmer
temperatures in the winter, but also for those that leave to further their education or
fulfill a church mission. Motion. Councilmember Piccolo moved that
Resolutions #96-03 and #96-04 be approved and that the Mayor and City Recorder be
authorized to sign the resolutions. Motion seconded by Councilmember Bringhurst and
carried.
23. INTERLOCAL AGREEMENT, PRICE CITY/CARBON COUNTY - Prosecution of
Misdemeanors (Justice Court)
Mr. Sampinos presented an interlocal agreement between Price City and
Carbon County pertaining to the City's use and participation in the Justice Court system.
A program has been started to prosecute all Class B and Class C misdemeanors. By statute,
all Class A misdemeanors have to go through the district court system. The Court
Administrators Office is requesting that a formal agreement be in place. The agreement has
been approved and signed by the court officials and the Carbon County Commission. As
required by law, the fines collected are split between Price City and Carbon County. In
the past, all of our cases were prosecuted in the district court system, with Price City
getting half of the fines, and the balance going up state. Motion.
Councilmember Nikas moved that the agreement be approved and that the Mayor be authorized
to execute the document. Motion seconded by Councilmember Wheeler and carried.
24. ORDINANCE #96-004 - Supplementing The Price City Cemetery Code 1986
Mr. Sampinos presented Ordinance #96-004, supplementing Section 2.48.370
of the Price City cemetery Code, 1986. This ordinance disallows the use of cemetery lots
for anything but the burial of human remains. The exception would be for someone who buys
a space for burial and places a marker on it in memory of an individual who may have been
lost in action and the remains could not have been returned for burial. Motion.
Councilmember Bringhurst moved that Ordinance #96-004 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 Denison and carried.
25. ORDINANCE #96-005 - Amendment To Nuisance Ordinance
Mr. Sampinos presented Ordinance #96-005, supplementing Chapter 8.12 entitled
"Property Maintenance" providing for the enforcement thereof by Civil Penalties
as well as Criminal Penalties, and setting forth the fine schedule for such violations and
setting forth the procedure that will be followed regarding the issuance of notices of
violation. Motion. Councilmember Bringhurst moved that Ordinance #96-005 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 Piccolo and carried.
26. WATER TANK CONSTRUCTION - Build, Inc. - Partial Payment #9
Motion. Councilmember Piccolo moved that Partial Payment #9
in the amount of $239,025.73 be paid to Build, Inc. for their work completed to date on
the Water Tank Project. Motion seconded by Councilmember Nikas and carried.
27. WATER DISTRIBUTION LINE REPLACEMENT 1996 - Contract Awarded
Gary Sonntag reported that the committee assigned to review the bids
submitted on the Water Distribution Line Replacement has awarded the contract to Nelson
Irrigation and Construction Company of Springville, Utah, the low bid.
28. ADA REMODEL TO PUBLIC LIBRARY - Contract Awarded
Gary Sonntag reported that the committee assigned to review the bids submitted on the ADA
Remodel to the library has awarded the contract to Stilson Construction Co. of
Orangeville, Utah, the next lowest bidder, in the amount of $68,718. D&D Contracting
of Salina, Utah, was low bid. However, after reviewing their bid and discussing the
project with the contractor, there appeared to be some inconsistencies that would prevent
the City from accepting their bid. This was reviewed with the City Attorney and State
Division of Community Development and they were all in agreement. Motion.
Councilmember Wheeler moved that the action of the committee be approved. Motion seconded
by Councilmember Piccolo and carried.
29. BUSINESS LICENSE APPLICATIONS
The following business license applications were received:
Custom Supply, Inc., 42 South Carbon Avenue, Julie Moretti-Pres., Misc. Retail (59) $100
Adventureland Academy, 264 South Carbon Avenue, Michelle Kalatzes Madrigal-Owner, Preschool/Daycare (83.5), $5.00 Transfer Fee-Change Name of Business
Western Collectibles, 38 East Main, Joseph Johnson-Owner,
General Merchandise (53) $100
Motion. Councilmember Nikas moved that the businesses be
approved. Motion seconded by Councilmember Wheeler and carried.
Kevin Ashby, editor of the Sun Advocate, introduced William J. Brehm,
Brehm Communications of San Diego, California, and Mark Fuellenbach, representing the
Richfield Reaper. As of 1:30 p.m. today, Mr. Brehm became the new owner of the Sun
Advocate. The Sun Advocate is currently printed in Richfield. As Mr. Brehm also owns the
Richfield Reaper, the two newspapers will work together to improve their papers, such as
color and quality of the newspaper and how it is printed. The Council congratulated the
group.
Motion. Councilmember Nikas moved that the meeting
adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by
Councilmember Wheeler and carried.
Meeting adjourned at 7:13 p.m.
Reconvened at 7:16 p.m.
Meeting adjourned at 7:47 p.m.