Minutes of The Price City Council Meeting

City Hall: Price, Utah


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.