June 12, 1996, 5:30 p.m.
Mayor Lou Colosimo
Roy A. Nikas, Betty P. Wheeler, Steve Bringhurst, Joe L. Piccolo, Stephen L. Denison
Vernon W. Jones (Adminis. Assistant), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Cobb Johnson (Public Works Director), Aleck Shilaos (Chief of Police)
Others Present: Lynda C. Varner, Sophia
Critchlow, Sarah Nielsen, Lori Nielsen, Ted Nielsen, Ellen Nielsen,
Viola Tesch, Robert Etzel, Tony Basso
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. JERI PETERSEN - Presentation of Commendation Plaque
Councilmember Denison presented a commendation plaque to Jeri Petersen, recognizing her for all her efforts and help involving several City projects, such as Community Progress, several Clean-Up Campaigns, Zions Bank Angel Tree, a grant from U.S. West for the Community Volunteer Center, instrumental in getting craftsman and painters to display their wares at the annual CEU Women's Conference, and a member of the Cultural Connection. Jeri is moving to Salt Lake, as her husband, CEU President Michael Petersen, had accepted a position with the Board of Regents.
2. MINUTES - May 8, 1996
Councilmember Denison moved that the minutes of the May 8, 1996 meeting be approved as written. Motion seconded by Councilmember Piccolo and carried.
3. PUBLIC HEARING - Rezoning Request - Airport Road Area, From CD and RR-1 to MD/MG - Tabled
Mayor Colosimo opened the Public Hearing at 5:32 p.m. to receive comments on the request to rezone Airport Road from CD to RR-1 and MD/MG. Councilmember Nikas reported that several individuals approached the City to rezone Airport Road. The Planning and Zoning Commission was informed that the anticipated use of the property was going to be for storage units. Shortly thereafter, he personally met with Mr. Jerry Carlson and asked him if he had plans for storage units. Mr. Carlson indicated that this was one of his ideas, but he was not sure if he was going to proceed, and he wasn't sure what else he wanted to do with the property. Some property owners indicated they would not like to see an MG zone (), but would prefer a lower zone, as they understand the need for commercial development.
Lori Nielsen, 1630 Airport Road - If the area is rezoned MD, what
restrictions will be placed on her property? Councilmember Nikas stated that the MD zone
will allow more things than the present CD Zone. It will not allow the MG items which are
the heavy industrial equipment, oil tanks and oil refineries. There are a lot of things
allowed in the MG Zone that are not allowed in the MD Zone. Storage shed could still be
built in the MD Zone. Mrs. Nielsen asked if her daughter could eventually build a house on
her property? Councilmember Nikas stated that this doesn't change at all. Councilmember
Denison stated that as long as it meets building codes and restrictions, a single dwelling
can be built. Gary Sonntag stated that the MD Zone allows subdivisions. Mrs. Nielsen asked
about property taxes and if they would increase with the zoning change?
Lynda C. Varner, 1501 East 150 South - She inquired about property taxes and was told that if people start to sell property around you at higher and higher elevated levels, then the valuation would increase. This would be the only time taxes would increase.
Viola Tesch, 251 South 1600 East - If the area is rezoned, does it mean that Mr. Carlson can put up any kind of manufacturing? What will it do to the environment and noise control?
Councilmember Nikas stated that by changing the zoning does not mean he can automatically build anything. He still needs to follow the Land Development Code and submit requests to the Planning and Zoning Commission. Any stipulations required on environmental assessments need to be followed no matter what the zoning is. He needs to follow the rules and regulations of the code and the Planning and Zoning Commission.
Viola Tesch - Asked about blasting and more noise and dust, referring to Joy Manufacturing. Councilmember Nikas stated that even in a CD zone, some things are allowed that can create those noises, such as in an automobile repair shop. The MD Zone allows a little bit more, but not as much as the MG Zone. For example, melting and refining is allowed in an MG Zone, but not an MD Zone. However, even then it has to have a Conditional Use Permit. The heavy duty industrial is allowed in the MG Zone.
Gary Sonntag stated that in reference to the noise and dust referred earlier to Joy Manufacturing, it appears Joy would fall under the category called Machine Products and Manufacturing. Mining deals with just mining itself, not the equipment. The machine products manufacturing is allowed only in an MG Zone. If Joy Manufacturing expands, it would be within that zone. That is why at one time, Joy was considering a rezone to MG. The MD Zone (manufacturing distribution) relates more to the distribution of manufactured products, not the manufacture themselves. Although, there can be some, such as drug manufacturing, plastics, manufacturing products, pottery, motion pictures, toys, watches, furniture manufacturing, newspapers, jewelry, confectionery, dairy products, etc. Some of those same uses are allowed in a Commercial Zone, which presently exists.
Lori Nielsen - Asked if there was a way to rezone around their little clump? Rezone above or around. Vern Jones stated that this is considered spot zoning, which is against Utah Code. Councilmember Denison questioned the direction of Nelson Lane. Ms. Nielsen indicated that Nelson Lane begins at Main Street, goes past the T-shirt business and past Sophia Critchlow's house and comes back around the top. It is not a deeded road. The road was maintained by the County until it was annexed into the City, and then both the County and City allowed the road to turn into junk, and now nobody wants Nelson Lane. Nick Sampinos stated that there may be a way to get around the spot zoning issue, and that he will review it further. Councilmember Nikas agreed that it should be analyzed to see if this can be revised. MOTION. Councilmember Nikas moved that this item be tabled and continued at the next Council Meeting. Motion seconded by Councilmember Wheeler and carried. The Public Hearing was closed at 5:50 p.m.
4. BID OPENING - Price City Industrial Zoned Property (Wellington Industrial Park) - Struck
Joanne Lessar reported that she did not receive any bids for Price City's Industrial Zoned property located in Wellington. Mayor Colosimo recommended that Michelle Lea, Carbon County Economic Development, be made aware that this property is available. Mayor Colosimo recommended that a committee, consisting of Councilmembers Denison and Nikas, Vern Jones, and Gary Sonntag, be appointed to negotiate the sale of this property. MOTION. Councilmember Denison moved that the committee be approved. Motion seconded by Councilmember Nikas and carried.
5. BID OPENING - Lawn Mower - Committee Appointed
The following bids were received for the purchase of a lawn mower.
Bonneville Equipment, Sandy, Utah
Kubota F2560 4WD Tractor - $15,893
Genco Mine Service, Huntington, Utah
Kubota F2560 - $16,875
Wilson Supply Co., Murray, Utah
Excel Hustler Model 4420 - $16,657
MOTION. Councilmember Bringhurst moved that a committee, consisting of himself, Councilmember Denison, Cobb Johnson, Lyle Bauer, Suda Merriman, and Pat Colosimo, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Denison and carried.
6. GREEK FESTIVAL - Local Consent For Liquor Permit
MOTION. Councilmember Nikas moved that local consent for a liquor permit be approved for the Greek Festival scheduled July 12th and 13th. Motion seconded by Councilmember Wheeler and carried.
7. HELPER PROJECTS COMMITTEE - Float For Electric Light Parade
MOTION. Councilmember Denison moved that the Community Progress committee be directed to build a float for the Electric Light parade, which can then be used in the International Days Parade. Motion seconded by Councilmember Wheeler and carried. The amount budgeted is $2,500.
8. CLASS "C" ROADS PROJECT - Permission To Receive Bids
MOTION. Councilmember Nikas moved that permission be given to receive bids for the Class "C" Roads Project. Motion seconded by Councilmember Bringhurst and carried.
9. ELECTRICAL METERS - Permission To Waive Bidding Procedures
MOTION. Councilmember Nikas moved that bidding procedures be waived for the purchase of 192 electric meters. Motion seconded by Councilmember Piccolo and carried. The meters will be purchased through Royal Wholesale Electric.
10. RENAMING OF STREET - South Highway 55 To South Main Street
Councilmember Nikas reported that consideration is being given to change the name of South Highway 55 to South Main Street, beginning at Airport Road and ending at the interchange. He suggested that a survey be conducted to determine if the residents on the east end of town would like to change the name of the highway. MOTION. Councilmember Nikas moved that the survey be conducted. Motion seconded by Councilmember Wheeler and carried.
11. UTAH DEPARTMENT OF TRANSPORTATION - Contract For Street Lighting Installation At Airport Intersection
Councilmember Nikas presented a contract with the Utah Department of Transportation involving the proposed street lighting installation on SR-55 at 100 South. MOTION. Councilmember Nikas moved that the contract be accepted and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Denison and carried.
12. BASSO/ETZEL STORAGE UNITS - 300 North Cedar Hills Drive, Preliminary and Final Approval - Tabled
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for the construction of the Basso/Etzel storage units on 300 North Cedar Hills Drive contingent upon the following. Plan revisions as indicated under Development Plans and Pre-design Report, complete property boundary corrections, revise the description for the 300 North property dedication to widen the road and submit in deed form, signed and ready for recording, complete the description for the power line easement on 300 North, and submit an easement signed and ready for recording, adoption of the City's Land Development Code update containing the provisions to allow the development of storage units in a CD Zone, and completion of a Development Agreement and Letter of Credit guarantee for the street improvements for each phase, prior to starting each phase. Tony Basso and Bobby Etzel explained that in order to widen 300 North, they would dedicate 16' of their property to the City. They asked if the City would participate in some of the development costs. They knows that this is not according to City policy, as the developer is always 100% responsible for the curb, gutter, and sidewalk. However, this involves different circumstances, such as 300 North and some of the problems encountered, plus the Housing Development in the rear. It is a safety issue because 300 North is presently only 30' wide. They felt it would solve all the problems, that 300 North would meet all the minimum requirements, and there would be curb, gutter and sidewalk coming from 3rd North out to the street, where at that point in time, pedestrians can choose to cross over to the new curb, gutter and sidewalk that has taken place on the east side of the street. In view of these different circumstances, they felt that the City might participate since they are giving the City 16' of their property. The amount of participation requested is $25,000.
The Council discussed ways this could be handled and in order to hold expenses down, suggested that the project be done in phases. Also discussed was the power lines that need to be buried along Cedar Hills Drive in order to widen the street. This should be done before pavement, curb, gutter, and sidewalk are constructed. Councilmember Nikas questioned if Class "C" Road funds could be used to facilitate the 3rd North sidewalk for pedestrian safety. He questioned if the City were to get a grant for this project, if it would cause conflict with the Land Development Code. The Council expressed their desire to do whatever they can to help this project. Mayor Colosimo questioned if a grant could not be guaranteed, if an amount not to exceed $10,000 out of Class "C" Road funds could be allotted for the pavement? MOTION. Councilmember Bringhurst moved that the item be tabled and continued to the next meeting. Motion seconded by Councilmember Denison and carried.
13. HOME OCCUPIED BUSINESS - K-N-K Power & Supply, 419 East 200 North, Kent & Kelly Jones-Owners
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Kent and Kelly Jones to operate a small engine repair business at their home located at 419 East 200 North. MOTION. Councilmember Piccolo moved that the business be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.
14. MIKE HIMONAS, NOTRE DAME PARISH - Awning and Signs, Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests.
Mike Himonas, 60 North 100 West - To relocate his insurance business in the same building his wife operates the Creative Needle, and to place 3 awnings on the building plus a sign. Two of the awnings will be sloped with an arch in the middle. The middle awning will hang over in the right-of-way.
Notre Dame Parish - To conduct religion classes in a home
located at 454 East 400 North and to construct a sign.
MOTION. Councilmember Piccolo moved that the requests be approved and Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.
15. JIM VALDEZ, PATRICIA MARTINO - Rehires Approved
Mayor Colosimo presented the following rehires and recommended approval.
Jim Valdez - Street Dept. Laborer, Temp/FT
Patricia Martino - Parks Dept., Laborer, Temp/FT
MOTION. Councilmember Bringhurst moved that the
industrial accident involving Gus Pappas be reviewed, that Patricia Martino be rehired
until Gus can return to his position or until July 1 when Patricia becomes a replacement,
and that Jim Valdez be rehired. Motion seconded by Councilmember Denison and carried.
16. STREET DEPARTMENT - Permission To Hire Two Temporary/FT Laborers and Advertise For Replacement Laborer II, Permanent/FT
Mayor Colosimo recommended that two temporary/full time Laborers be hired and that an advertisement be approved for a replacement Laborer II, Permanent/FT in the Streets Department. MOTION. Councilmember Nikas moved that the requests be granted, and that the Street Department and Maintenance crews be analyzed to see if it is possible to avoid replacing full time employees in order to cut back on the budget. Motion seconded by Councilmember Bringhurst and carried.
17. TRACY ALLRED - Travel Approved
Mayor Colosimo recommended that Tracy Allred be authorized to attend Crime Scene Investigation training, July 15-19, at P.O.S.T. MOTION. Councilmember Nikas moved that the travel be approved. Motion seconded by Councilmember Denison and carried.
18. PENNY BOYACK - Appointed As Library Boardmember
Mayor Colosimo recommended that Penny Boyack be appointed as a member of the Library Board. MOTION. Councilmember Betty moved that the appointment be ratified. Motion seconded by Councilmember Piccolo and carried.
19. APPOINTMENT OF PLANNING AND ZONING BOARDMEMBER - Tabled
20. STORM DETENTION BASIN - Community Impact Board - Half Grant, Half Loan
Mayor Colosimo reported that he and Vern Jones attended a meeting of the Community Impact Board for the purpose of obtaining a grant for the Storm Detention Basin. He explained that CIB would not provide a full grant but proposed a half grant and a half loan. CIB gave the impression that the City would not be charged interest on the loan and would not have to make any payments for 2 years. The terms of the grant and loan will be presented to the City in writing and the item placed on their agenda for the August meeting. The amount requested was $368,000. MOTION. Councilmember Nikas moved that the City go ahead with the half grant and half loan combination with terms that have been suggested at 0% interest and defrayed payment for a couple years. Motion seconded by Councilmember Denison and carried.
21. UTAH LOCAL GOVERNMENTS TRUST - Increase In Life Insurance Coverage Denied
Joanne Lessar reported that Utah Local Governments Trust has increased the basic life insurance coverage from $25,000 to $50,000 for employees. The City does not have to take this additional coverage. However, it will not be offered individually. Costs will be an additional $3.80 per month per employee or a total of $4,560.00 for the entire year for 100 employees. MOTION. Councilmember Nikas moved that the City not pay the increase in life insurance, but that Mrs. Lessar review this with ULGT to see if it is possible for employees who want the extra coverage to pay this increase through payroll deduction. Motion seconded by Councilmember Bringhurst and carried.
22. BUSINESS LICENSE APPLICATIONS
The following business license applications were received:
Windshields Wholesale, 1460 North State, Provo, Utah, William and Venna Sturgis-Owners, Retail Auto Glass $100 Reciprocal License
Crystal Enterprises, dba Steve A. Conners, K-Mart Parking Lot,
Steve A. Conners-President, Retail Furniture $100 Reciprocal License
MOTION. Councilmember Nikas moved that the businesses be approved. Motion seconded by Councilmember Piccolo and carried.
23. RESOLUTION #96-05 - Electric Rate Increase
Vern Jones presented Resolution #96-05, increasing electric rates beginning July 1, 1996, and recommended approval. MOTION. Councilmember Nikas moved that Resolution #96-05 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Piccolo and carried.
24. WATER SYSTEM EXPANSION PROJECT IV, PHASE II - Pump Station and Pipeline - Contract Awarded
Gary Sonntag reported that the committee assigned to review the bids for the Water System Expansion Project, Pump Station and Pipeline, awarded the contract to Nelson Construction, Springville, Utah, for the bid amount of $929,563.50.
25. WATER SYSTEM EXPANSION, WATER TANK PROJECT - CRS Consulting Engineers - Partial Payment #20
MOTION. Councilmember Piccolo moved that partial payment #20 in the amount of $3,259.93 be paid to CRS Consulting Engineers for work completed to date on the water tank. Motion seconded by Councilmember Nikas and carried.
26. WATER SYSTEM EXPANSION, WATER TANK CONSTRUCTION - Build, Inc. - Partial Payment #10
MOTION. Councilmember Piccolo moved that partial payment #10 in the amount of $7,187.07 be paid to Build, Inc., for construction work completed to date on the water tank. Motion seconded by Councilmember Wheeler and carried.
27. WATER DISTRIBUTION LINE REPLACEMENT 1996 - Nelson Irrigation and
Construction - Change Order #1, Partial Payment #1
Gary Sonntag presented Change Order #1 to the contract with Nelson Irrigation and Construction for the Water Distribution Line Replacement 1996. The change order reduces the contract from $40,436.37 to $36,565.02, and reflects the amount of quantities used. He also presented a request for partial payment #2 in the amount of $34,736.77. MOTION. Councilmember Piccolo moved that Change Order #1 be approved and that a partial payment in the amount of $36,565.02 be paid to Nelson Construction. Motion seconded by Councilmember Nikas and carried.
28. STORM WATER DETENTION BASIN - Valley Asphalt, Inc. - Final Payment
MOTION. Councilmember Nikas moved that a final payment in the amount of $7,070.67 be paid to Valley Asphalt, Inc., for their contract on the Storm Water Detention Basin. Motion seconded by Councilmember Wheeler and carried.
29. RESOLUTION #96-06 - Adoption of Budget For FY1996/97
Pat Larsen presented Resolution #96-06, adopting the budget for FY1996/97 and recommended approval. MOTION. Councilmember Nikas moved that Resolution #96-05 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Denison and carried.
30. BUDGET REVISION FY1995/96 - Public Hearing Scheduled
Pat Larsen reported that it is necessary to revise the budget for FY1995/96 and requested that a public hearing be scheduled. MOTION. Councilmember Wheeler moved that a public hearing be held at the next meeting to revise the budget. Motion seconded by Councilmember Piccolo and carried.
31. SKID STEER TYPE LOADER - Contract Awarded
Cobb Johnson reported that the committee appointed to review the bids received for the Skid Steer Type Loader awarded the contract to Scott Machinery for Model 863 in the amount of $19,780.00.
MOTION. Councilmember Nikas moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Denison and carried.
Meeting adjourned at 7:30 p.m.
Reconvened at 7:33 p.m.
Redevelopment Agency Minutes
Meeting adjourned at 8:00 p.m.