City Hall: Price, Utah
June 26, 1996
Mayor Lou Colosimo
Roy A. Nikas, 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), Francis Duzenack (Building Inspector)
Planning and Zoning Commission Members:
John Angotti (Chairman), Alfred Richens, Penny Sampinos, Gary Lyons
Absent and Excused:
Councilmembers Betty P. Wheeler and Steve
Debbie Souza-Pappas, Lori J. Cave, James Horvath, Scott Olsen, Sue Horvath, Eddie Horvath, Bob Etzel, Donna
Smith, Don Smith, Alice Olsen, Sonny Olsen, Ted C. Nielsen, Ellen Nielsen, Joy Sanderson, Karen Wood, Terry Ezell,
Henry Etzel, Kevin Ashby, Roger Neilsen Lori Nielsen, Sarah
Nielsen, Viola Tesch, Penny Hartley, Betty Jo Hartley
Mayor Colosimo opened the joint meeting with the Planning and Zoning Commission.
1. Castle Country Wildlife Center - Conditional Use Permit Revoked
Nick Sampinos stated that this meeting was called to review the Conditional Use Permit issued to Eddie Horvath to operate the Castle Country Wildlife Center, and whether it should be revoked. At the last meeting, certain conditions were imposed to allow Mr. Horvath to operate the center. Mr. Horvath had until Friday, June 14th, to remove all of the animals other than 6 birds of prey as defined by law. The following Monday, he received a complaint in person by Donald Smith, Mr. Horvath's neighbor. Mr. Smith had seen pigeons, rabbits, pheasants, chukkers and skunks at the center, which was in violation of the restrictions imposed by the City Council. At that time, Police Officer Scott Olsen visited the site and found additional animals at the site, including a turtle, a chicken, a pigeon, 2 pheasants, 3 quail, and 3 skunks in the house.
Sue Horvath, Eddie's mother, stated that this situation has changed. He still has 3 of the baby skunks, which have been descented. He wanted to keep at least one of them for educational purposes. One of the 3 desert tortoises have been found, but the others are hiding somewhere on the property. The chickens and the pheasants will be out of there tonight as soon as they leave this meeting. There are 3 birds of prey.
Mayor Colosimo stated that Mr. Horvath did not do what the Council asked him to do. Sue Horvath stated that he was not given enough time to get give the animals away. They cannot be given to just anybody. Mayor Colosimo stated that the Council is not against the wildlife center, they just feel it should be located somewhere else. Mrs. Horvath stated that Eddie is trying. He has written letters all over asking for help.
Officer Scott Olsen visited the site again today. There was still 3 baby skunks in the pen, 2 chickens, 2 pheasants, and was told that there was still 1 tortoise. He was also told that the chickens and the pheasants would be gone this evening. From his inspection of the premises, the clean-up effort has gone exceptionally well. The front yard and driveway are very well kept, and the back yard cleaned up. However, they still have a way to go on the clean-up. With the exception of what he just indicated above and the birds of prey, they have gotten rid of most all of the animals that had been there.
Councilmember Piccolo stated that the Council may have given Mr. Horvath too short a time to get rid of the animals. Aside from what has happened, he asked Mr. Horvath how he perceived the animal shelter going forward from this point, according to the laws of Price City. Mr. Horvath stated it will be difficult, as he has had to turn away several animals. If the decision remains, he will have to live with it. Mr. Horvath stated that it will cost approximately $200,000 to move into the county. He has written several letters to large corporations and companies asking for funding. Councilmember Piccolo stated that he would like to see Mr. Horvath remain, but there has to be harmony in the neighborhood. There are some very disgruntled neighbors, and their needs have to be taken care of.
The Council and Commission discussed a time limit to discontinue operation of the wildlife center. Mr. Angotti and Councilmember Denison asked Mr. Horvath if 3 months would give him enough time to find a home for all the healthy animals and to nurse the injured animals back to health. This means he would not take any more sick animals. Councilmember Denison stated that the Council, as individuals, would help find the necessary resources to move the center.
MOTION. Councilmember Denison moved that Mr. Horvath be given a 3 month time limit to remove all animals from his property, including the two birds of prey, that no new animals be accepted during that time period, and that the Conditional Use Permit be revoked at that time. Motion seconded by Councilmember Nikas and carried.
Mayor Colosimo called the regular meeting to order and called the roll with the above members in attendance.
2. MINUTES - May 22, 1996
MOTION. Councilmember Nikas moved that the minutes of the May 22, 1996 meeting be approved as written. Motion seconded by Councilmember Piccolo and carried.
3. MINUTES - June 5, 1996
MOTION. Councilmember Piccolo moved that the minutes of the June 5, 1996 meeting be approved as written. Motion seconded by Councilmember Denison and carried.
4. RESOLUTION #96-07 - Budget Revision FY1995/96
Mayor Colosimo opened the Public Hearing at 5:44 p.m. to receive comments on the proposed Budget Revision for FY1995/96. Pat Larsen stated that the revision did not increase the budget. The Library budget was increased by $600, and $70,000 was given back to the Electric Fund. There being no further comments, Mayor Colosimo closed the Public Hearing at 5:46 p.m. MOTION. Councilmember Nikas moved that Resolution #96-07, revising the Budget for FY1995/96, be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Piccolo and carried.
5. REZONING OF AIRPORT ROAD APPROVED - MD Zone
Mayor Colosimo reported that a Public Hearing held on June 12, 1996, regarding the rezoning of Airport Road From CD and RR-1 to MD/MG was tabled until this meeting. A letter was received from Mr. Jerry Carlson stating that he would like the area zoned MD. Nick Sampinos reported that a committee reviewed the area in question and is recommending that the MD Zoning be allowed. There is a small area south of the area currently zoned CD that is designated RR-1. It is their recommendation that this area remain in the RR-1 category and that the remainder of the proposed zone change be classified as MD. This will allow the developer to proceed and will avoid the creation of a situation where there would be spot zoning.
Lori Nielsen - asked if the residents in the area will gain anything, such as curb and gutter, sewer, gas, and cable television. Councilmember Nikas stated that there could be some advantages with the zoning change, such as someone wanting to purchase property in this particular zoning as opposed to a another zone. The zoning change will not add curb and gutter. If you currently have curb and gutter and sidewalk, you would be eligible for the replacement program, or if you need asphalt between your property line and the City, there is an asphalt program that can assist you.
Viola Tesch - asked about environmental controls. Vern Jones explained that an MD Zone is a light manufacturing zone. Anything that is developed in this zone will need to be approved by the Planning and Zoning Commission and the building official. All environmental concerns will be addressed. Mr. Sampinos stated that a zoning designation does not give a developer the go ahead to do what they want. It merely provides a category for certain usages allowed in certain zones.
Lori Nielsen - prefers to have the zoning remain as it is. She feels they are boxed in and before long, will be totally ignored.
Viola Tesch - feels if this area is rezoned, then Joy Manufacturing will be in for their rezoning and they will do more and more and there will be more dust.
Councilmember Piccolo stated that when Joy Manufacturing presented their plans, they intended to deaden the sound deader than it is now and to move all sandblasting indoors so the dust level would be brought down. He feels they were aware of both the residents' concerns and the City's concerns. They all have to live together. Joys intention was to be good neighbors. They planned to move 70 feet away from the property line and place a 9" 10' concrete sound deadening barrier. If Joy's development does take place, Price City's stand is to make it as comfortable to surrounding neighbors as possible and not any noisier or dirtier than it is today. Ms. Tesch stated that if it goes this way, she would have no problem.
An individual in the audience stated that she was instructed by Linda Varner and Sophia Critchlow to inform the Council that an MD Zone in this area is satisfactory to them.
MOTION. Councilmember Nikas moved that the area be rezoned MD, excluding the small south portion designated as RR-1. Motion seconded by Councilmember Piccolo and carried.
6. TERRY EZELL - Main Street Prayer Walk, Use of Civic Auditorium
As part of the Billy Graham crusade scheduled for September, Terry Ezell requested permission to use Main Street for a Prayer Walk on Saturday, August 17th. They would like to begin at the underpass and end at the Peace Gardens for a gathering. In case of inclement weather, he requested permission to use the Civic Auditorium. MOTION. Councilmember Piccolo moved that the requests be approved providing that all permits for the parade are obtained from the Police Dept., and that all hard costs be charged for usage of the Civic Auditorium. Motion seconded by Councilmember Denison and carried.
7. CARBON COUNTY TRAVEL COUNCIL - Sponsorship For 1996 Running Event
MOTION. Councilmember Piccolo moved that the City sponsor the 1996 Running Event conducted by the Carbon County Travel Council and that $250 be contributed. Motion seconded by Councilmember Denison and carried.
8. CULTURAL COMMISSION - Request To Close 1st East Between Main and 1st North and Main Street From 1st East To 2nd East
Mayor Colosimo reported that the Cultural Commission will present a patriotic program at the Peace Garden on Monday, July 1st, between 7:30 and 8:45 p.m. The Commission is requesting permission to close Main Street from 1st to 2nd East and 1st East between Main and 1st North for this presentation. This will prevent interference from the sounds of passing cars. MOTION. Councilmember Nikas moved that the request be granted. Motion seconded by Councilmember Piccolo and carried.
9. SUN ADVOCATE - Ad For Carbon County Fair and International Days Brochure
MOTION. Councilmember Denison moved that the City purchase a full page ad in the Sun Advocate in the amount of $582.50 for the Carbon County Fair and International Days brochure. Motion seconded by Councilmember Nikas and carried.
10. HENRY ETZEL, ROBERT ETZEL - Warehouse Building, 1655 East 1000
South, Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for preliminary and final approval for a Conditional Use Permit to allow Henry Etzel and Robert Etzel to construct a warehouse building at 1655 East 100 South, subject to a Development Agreement and Letter of Credit for improvements. Henry Etzel stated that in discussions with the County earlier today, he discovered that his property is in the City, but the improvements the City is requiring are in the County. The County expressed to him that before the Letter of Credit issued, they would like to meet with the City regarding the type of improvements. Mr. Etzel stated that he will agree with whatever decision the City and County make. Councilmember Piccolo explained that the City's boundary is at Mr. Etzel's property line. The City cannot dictate where and what kind of improvements can be made on the County side. Mr. Etzel agreed that he would furnish the City with a Development Agreement stating that when the County develops the road, he will put in the curb, gutter, and sidewalk. He does not want to construct these improvements at this time, and then later the County may move the road. Mr. Etzel agreed to put in place whatever the City or County requires. MOTION. Councilmember Piccolo moved that the Conditional Use Permit be issued subject to receipt of the Development Improvement Agreement, and conditioned that in the event the County deeds any portion of that roadway to the City adjacent to Mr. Etzel's property, that Mr. Etzel then be required to come in conformance with the City's Land Development Code and post a Letter of Credit. Motion seconded by Councilmember Nikas and carried. In addition to this minute record, Mr. Sampinos will prepare an agreement to include the above motion and that the agreement be binding with any future successors or heirs to Mr. Etzel's property. Mr. Etzel agreed with this arrangement.
11. CHARLA WATKINS, COLLEEN DAVIS - 451 East Main, Sign, Temporary Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for a one year temporary Conditional Use Permit to Charla Watkins and Colleen Davis to construct a sign at their real estate business located at 451 East Main. MOTION. Councilmember Piccolo moved that the Conditional Use Permit be issued. Motion seconded by Councilmember Denison and carried.
12. RUSSELL LARSEN - Shaved Ice Booths, Wal-Mart, K-Mart - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for Conditional Use Permits for Russell Larsen to operate shaved ice booths at Wal-Mart and K-Mart subject to a satisfactory inspection of their electrical source. MOTION. Councilmember Piccolo moved that the Conditional Use Permits be issued per the above stipulation. Motion seconded by Councilmember Denison and carried.
13. EDGE APPEAL - Home Occupied Business Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Kenneth and Brenda Kirkwood to operate a concrete edging business at their home located at 1666 East Sagewood Road. MOTION. Councilmember Piccolo moved that the business be approved upon payment of the business license fee. Motion seconded by Councilmember Nikas and carried.
14. ADOPTION OF 1997 EDITION OF PRICE CITY LAND DEVELOPMENT CODE -Public Hearing Scheduled
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation for adoption of the 1997 Edition of the Price City Land
Development Code. Because of the changes in the code as well as the zoning district, it
will be necessary to hold a Public Hearing. MOTION. Councilmember Piccolo
moved that a Public Hearing be scheduled to adopt the code. Motion seconded by
Councilmember Nikas and carried.
15. DENNIS ANELLA - 149 West 400 South, Approval For Board of Adjustments Request
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Dennis Anella for a Board of Adjustments request for a 4' setback at his residence located at 149 West 400 South. The setback would be in line with his garage for the purpose of constructing a 6' cedar fence in his backyard next to the sidewalk. MOTION. Councilmember Piccolo moved that the request be given a favorable recommendation and sent to the Board of Adjustments. Motion seconded by Councilmember Denison and carried.
16. JOY MANUFACTURING - Public Hearing Scheduled For Rezoning Request
MOTION. Councilmember Piccolo moved that a Public Hearing be scheduled for the July 10th meeting for the rezoning request of Joy Manufacturing. Motion seconded by Councilmember Nikas and carried.
17. INTERNATIONAL DAYS PARADE - City Float
Mayor Colosimo recommended that the City build a float for the International Days Parade. MOTION. Councilmember Piccolo moved that the Community Progress committee be directed to build a float. Motion seconded by Councilmember Denison and carried.
18. KIWANIS CLUB - Contribution For 4th of July Fireworks Display
MOTION. Councilmember Nikas moved that the City contribute $500 towards the annual Kiwanis Club 4th of July fireworks display. Motion seconded by Councilmember Piccolo and carried.
19. COST OF LIVING ADJUSTMENT - FY1996/97 Approved
MOTION. Councilmember Piccolo moved that the cost of living adjustment in the amount of 3.1% be approved for the FY1996/97. Motion seconded by Councilmember Nikas and carried.
20. RONNIE VALENCIA, MICHELLE ROSE - New Hires Approved
Mayor Colosimo recommended that Ronnie Valencia and Michelle Rose be
approved as Library Aides, Perm/PT. MOTION. Councilmember Piccolo moved that
the new hires be approved. Motion seconded by Councilmember Nikas and carried.
21. RECLASSIFICATIONS APPROVED - Joanne Lessar, Scott Olsen, Robert Madrid, John Procarione, Kent Jones, Frank Lujan, Byron Speirs, Sam White, Steve Quintana, Billy Wardle, Ron Brewer, John Gallegos, Robert Potts, Bryce Slaugh
SALARY ADJUSTMENTS - Carvel Johnson, Pat Colosimo, Betty Jo Ruden,
Crossing Guards, Temporary Laborers
Mayor Colosimo presented the following reclassifications and salary adjustments and recommended approval.
Reclassifications - Joanne Lessar, Scott Olsen, Robert Madrid, John Procarione, Kent Jones, Frank Lujan, Byron Speirs, Sam Whote, Steve Quintana, Billy Wardle, Ron Brewer, John Gallegos, Robert Potts, Bryce Slaugh
Salary Adjustments - Carvel Johnson, Pat Colosimo, Betty Jo
Ruden, Crossing Guards, Temporary Laborers
MOTION. Councilmember Piccolo moved that the reclassifications and salary adjustments be approved. Motion seconded by Councilmember Denison and carried.
22. ANIMAL/WEED CONTROL OFFICER - Approved
Mayor Colosimo reported that Pat Larsen discovered that the position of Weed Control Officer was budgeted for the whole year. In addition, Police Chief Shilaos felt he could get by without a part time Office Clerk. By combining the above 2 salaries and adding an additional $3,200, the City could hire a full time Animal/Weed Control Officer. MOTION. Councilmember Denison moved that the Animal/Weed Control Officer be approved. Motion seconded by Councilmember Nikas and carried. As the part time Office Clerk will be discontinued, the Animal/Weed Control Officer would help in the Police Department during the lunch hour. This will be effective upon the resignation of the current part time Office Clerk.
23. BOB ETZEL, TONY BASSO - Storage Unit Development On 3rd North
Tony Basso and Bob Etzel discussed their project to construct storage units on 3rd North and Cedar Hills Drive. The item was discussed and tabled at the last meeting to determine if the City was able to participate in funding the costs of curb, gutter, and sidewalk at their development in exchange for 16' of property that would be donated to the City. Mayor Colosimo explained that the City would like to help in any way they can, but as their Code is written, the City is unable to provide any funding. Developers are required to put in their own improvements. Legally, there is nothing that the City can do to help.
As a minute record, Councilmember Nikas stated that approximately one month ago on a tax sale, he became a partial investor of the property located across the street and east of Mr. Basso's and Mr. Etzel's proposed development. He had no idea in the past 4 years that someone would not pay their taxes on this property and the property become available for tax sale. Any decisions that were made in his position as Councilmember, were not based on any kind of ownership or planned ownership of any of that property. No motions were ever made, as he would have abstained.
24. ROBERT POTTS - Travel Approved
Mayor Colosimo recommended that Robert Potts be authorized to attend a Novell Network 4.X Administration training in Salt Lake, July 8-11. MOTION. Councilmember Denison moved that the travel be approved. Motion seconded by Councilmember Nikas and carried.
25. LIBRARY BOARDMEMBER - Lorraine Falsone
MOTION. Councilmember Nikas moved that the appointment of Lorraine Falsone as a Library Boardmember be ratified. Motion seconded by Councilmember Piccolo and carried.
26. PURCHASE OF BANNERS FOR DOWNTOWN - Approved
MOTION. Councilmember Nikas moved that verbal approval to purchase banners for the downtown area be ratified. Motion seconded by Councilmember Piccolo and carried.
27. FRANCHISE TAXES - Public Hearing Scheduled
Vern Jones reported that the ordinance has been prepared to increase franchise taxes for gas, electricity, and telephone. It is necessary to hold a Public Hearing. MOTION. Councilmember Nikas moved that staff be directed to advertise for a Public Hearing. Motion seconded by Councilmember Denison and carried.
28. CEMETERY DEPARTMENT - Permission To Receive Proposals For Purchase of 44" Walk Behind Lawn Mower, Committee Appointed
MOTION. Councilmember Denison moved that permission be given to receive proposals for the purchase of a 44" walk behind lawn mower, and that a committee consisting of Councilmembers Bringhurst and Denison, Cobb Johnson, Lyle Bauer, and Pat Larsen, be appointed to review the proposals and given the power to act. Motion seconded by Councilmember Piccolo and carried.
29. CLASS "C" ROAD DESIGN - Johansen & Tuttle Engineering
- Final Payment
MOTION. Councilmember Nikas moved that final payment in the amount of $668 be paid to Johansen and Tuttle Engineering their contract for the Cedar Hills Drive Class "C" Road Design. Motion seconded by Councilmember Denison and carried.
30. WATER DISTRIBUTION LINE REPLACEMENT 1996 - Nelson Irrigation &
Construction - Change Order #2, Final Payment
Gary Sonntag presented Change Order #2 to the contract with Nelson Irrigation and Construction for the Water Distribution Line Replacement 1996. The Change Order decreases the amount of asphalt pavement and reduces the contract $711.18. Mr. Sonntag also presented a request for final payment. MOTION. Councilmember Piccolo moved that Change Order #2 be approved and that final payment in the amount of $1,116.45 be paid to Nelson Irrigation for their contract on the Water Distribution Line Replacement project. Motion seconded by Councilmember Nikas and carried.
31. CASTLE VALLEY CENTER - Property Transfer To Carbon County School District
Gary Sonntag reported that several years ago, the City agreed to give a parcel of property to the Carbon County School District for the Castle Valley Center on Cedar Hills Drive at 700 North. The parcel borders the north side of Meads Wash and takes in an area totaling 1.43 acres. The City Attorney's office has prepared the quit-claim deed for the transfer. The deed reserves a 30' wide easement for electrical power distribution lines. MOTION. Councilmember Nikas moved that the quit claim deed be approved, that the Mayor and City Recorder be authorized to execute the deed and that it be recorded at the office of the County Recorder. Further, that staff be directed to present the deed to the school district for the transfer of its property to the County in exchange. Motion seconded by Councilmember Denison and carried.
32. FIRE DEPARTMENT - Permission To Pay Invoice For Jumpsuits and Nozzles
MOTION. Councilmember Nikas moved that an invoice in the amount of $3,153.10 be paid for the purchase of jumpsuits and nozzles for the Fire Department. Motion seconded by Councilmember Denison and carried.
33. PERMISSION TO TRANSFER FUNDS - Payment of Fire Department Exhaust
As part of the budget provisions, Pat Larsen requested permission to transfer money between funds in order to pay an invoice in the amount of $18,238.19 for the Fire Department Exhaust System. MOTION. Councilmember Piccolo moved that the transfer be approved. Motion seconded by Councilmember Denison and carried.
34. INVESTMENTS - Tabled
35. BUSINESS LICENSE APPLICATIONS
The following business license applications were received:
Western Exposure Photo Co., Inc., 1 East Main, John T. Kay-Partner, Photography Studio (72.2) $50 Half Year Fee
Whitewater Mfg. Co., WalMart, 406 South Highway 55, Ken
Patey-Owner, Span and Pool sales (57) $100 Reciprocal License
MOTION. Councilmember Denison moved that the businesses be approved. Motion seconded by Councilmember Piccolo and carried.
36. CENTRAL SCHOOL OFFICE BUILDING - Tabled
37. CITY PLANNING - Tabled
38. PURCHASE OF LAWN MOWER - Contract Awarded
Cobb Johnson reported that the committee appointed to review the bids
received for the purchase of a lawn mower awarded the contract to Bonneville Equipment,
the low bidder.
MOTION. Councilmember Nikas moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Piccolo and carried.
Meeting adjourned at 8:10 p.m.
Reconvened at 8:16 p.m.
Meeting adjourned at 8:21 p.m.