City Hall: Price, Utah
July 10, 1996, 5:30 p.m.
Mayor Lou Colosimo
Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison
Vernon W. Jones (Adminis. Assistant), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Cobb Johnson (Public Works Director), Nick Sampinoss ( City Attorney)
Absent and Excused:
Gary Sonntag (City Engineer)
Debbie Souza-Pappas, Debbie Welborn, Eddie Horvath, Lynn Smith, Gerald L. Pappas, Michelle Leo, Valerie Nowak, Mandee Krajnc, Emily Keller, Mandy Braby, Ward Black, Jack Kobe, Larry Smith, Larry McKinnon, Kathy Martin, Brenda Noel, Norma Procarione, Troy Hartley,
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the
above members present.
1. PRICE CITY YOUTH COUNCIL - Swearing In Ceremony
Joanne Lessar conducted the swearing in of the following Youth City Council Members - Mandy Braby, Mandee Krajnc, Emily Keller, Valerie Nowak, and Michelle Leo.
2. PUBLIC INPUT - Castle Valley Wildlife Center
Several residents were at the meeting concerning the Castle Valley Wildlife Center and its discontuance.
Brenda Noel - A Carbon County resident residing at 420 South 100 East stated that she has been to the center several times and the pens have always been clean. She has never noticed any flys or any smell. Her children love to visit the center. She hopes the center can continue operating.
Jerry Pappas - Residing at 725 North Carbonville Road. He has visited the center several times and never noticed any smell.
Ward Black - Residing at 248 North 5th Avenue. He helped build most of the cages at the center and has been there several times over the past 9 years. He has helped clean the cages and has taken his kids there. He does not want to see the center closed. The center helps not only Carbon County but several surrounding counties.
Florie Wellborn - Residing at 766 North 100 East. Has been to the residence 4 or 5 times and didn't know the center was there until Channel 5 news came. If there is so much noise and so much odor, why did she not even know it was there.
Lynn Smith - Resides in Wellington and is outraged that the center will
be closed. Eddie Horvath has helped many birds and educated children to be aware and help
Mayor Colosimo stated that the Council agrees that Eddie Horvath provides a good service, but feels the center does not belong in Price City. Councilmember Nikas stated the conditional use permit was issued in a residential section for a home occupied business. It is not a commercial zone and not a zoo area. It wasn't set up for an educational type basis. It does not fit into the Land Development Code for residential areas, as was presented at the various meetings.
Eddie Horvath asked for an extension of one year to allow the wildlife center to raise the money to relocate. It will take more than 90 days to raise $410,000. He stated that certain individuals have offered to donate their land. Eddie requested that he be placed on the next agenda. Councilmember Nikas asked Eddie to provide more definite plans, such as something in writing.
3. MINUTES - June 12, 1996
MOTION. Councilmember Wheeler moved that the minutes of
the June 12, 1996 meeting be approved as written. Motion seconded by Councilmember Piccolo
4. PUBLIC HEARING - Joy Mining Machinery Rezoning
Mayor Colosimo opened the Public Hearing at 5:47 p.m. to receive
comments on the proposed rezoning for Joy Mining Machinery. Larry L. Smith, Facilities
Designer for Joy Mining Machinery, introduced Larry McKinnon, Joy Plant Manager and Kathy
Martin, Human Resources Manager. They are requesting that their land, plus some
surrounding properties, be rezoned from MD to MD/MG to facilitate a planned expansion. He
presented a brief history of Joy Mining Machinery from the time they first came to the
area in 1972 to the present time employing 124 people. He presented plans for their
expansion, indicating that all of their activities will be inside a building, with the
exception of storage. Because of the present limited space, some of their work is
conducted outside the building. Mr. Smith stated that their volume of expansion will
increase approximately 10% the first year and 4% thereafter. The number of employees will
Mayor Colosimo presented a letter from Sophia Critchlow, stating that she is opposed to the rezoning and will not sell any of her property now or in the future to Joy Mining Machinery. Lynda Varner, Mrs. Critchlow's daughter, has requested that her property be removed from the proposed zoning and remain as RR1. After discussion regarding this possibility, Nick Sampinos stated that this could be done. The only concern would be if it created an isolated piece of property of another zoning category that may wreck havoc on future development plans. In view of the objections, he sees no problem with this request.
MOTION. After further discussion, Councilmember Bringhurst moved that the rezoning be approved as an MD/MG Zone as advertised. Motion seconded by Councilmember Nikas and carried. Mayor Colosimo closed the Public Hearing at 6:18 p.m.
5. ORDINANCE #96-007 - Land Development Code
Mayor Colosimo opened the Public Hearing at 6:18 p.m. to receive
comments on the adoption of the Uniform Land Development Code of Price City, 1997 Edition.
Vern Jones reported that both the City Council and Planning and Zoning Commission have
reviewed the code. There being no further comments, Mayor Colosimo closed the hearing at
MOTION. Councilmember Piccolo moved that Ordinance #96-007, adopting the Uniform Land Development Code of Price City, 1997 Edition, and adopting the Price City Zoning Districts, and establishing penalties for the violation thereof be approved, 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.
6. GREEK CHURCH 80TH ANNIVERSARY - Local Consent For Liquor License
MOTION. Councilmember Nikas moved that permission be given to the Greek Church for local consent for a liquor license in celebration of the 80th anniversary of the Greek Church to be held August 17th. Motion seconded by Councilmember Wheeler and carried.
7. SLOVENE NATIONAL BENEFIT SOCIETY - Temporary Beer Permit For Slovenian Days, Hold Harmless Agreement
Mayor Colosimo presented a letter from Grant and Lorraine Babcock, chairpersons for Slovenian Days, requesting a temporary beer permit for their celebration to be held at Washington Park July 14th. It was recommended that an agreement be prepared holding the City harmless from any liability. MOTION. Councilmember Wheeler moved that the request be granted, that an agreement be prepared, and that the Mayor and City Recorder be authorized to sign the document. Motion seconded by Councilmember Piccolo and carried.
8. PINNACLE BREWING COMPANY - Request To Sell Beer During International
Marty Beckman, owner of Pinnacle Brewing Co., requested permission to sell his beer at Washington park during International Days. He plans to set up a beer garden with tables and umbrellas. The area will be roped off and anyone purchasing beer will be required to drink it in this vicinity. The Council questioned if this is approved, would other businesses want to set up booths to sell beer. Is the City ready to support this? If you allow one, then you have to allow others, event though this is a brewery. Nick Sampinos suggested creating a separate scenario for micro-breweries, limiting the size of glass and the amount sold to any one customer. Councilmember Bringhurst stated that John Serfustini, President-Elect for the Chamber, indicated to him his concern about opening up beer sales to many vendors. Tom Patterick, President of the Chamber of Commerce, stated that when this idea surfaced, these concerns weren't even thought of. The Council discussed several ways to handle the request and what effects it would have if it was approved. Mr. Beckman stated that if the Council approved this, and later on faced repercussions, he would gladly withdraw his request. It was recommended that Mr. Patterick return to the directors of the Chamber and see what their feelings would be if the Council approved a limited micro-brewery situation based on the uniqueness of the business in the area, and if the Board is prepared to turn down any other requests for beer booths in the park in support of the Council. In addition, Mr. Sampinos stated that those members of the Chamber who sell beer should be contacted. Mr. Beckman withdrew his request at this time and indicated he would approach the Council again next year. It was recommended that the item be placed on unfinished business for further review.
9. ROCKY MOUNTAIN COAL MINE RESCUE, BENCHMAN, FIRST AID AND EMT CONTEST
- Program Ad
MOTION. Councilmember Nikas moved that a half page ad in the amount of $65 be approved for the Rocky Mountain Coal Mine Rescue, Benchman, First Aid and EMT Contest. Motion seconded by Councilmember Denison and carried.
10. DAYS INN - Local Consent For Liquor License For New Owners (Sunstone Hotel Properties, Inc.)
MOTION. Councilmember Nikas moved that due to the change in ownership of the Days Inn by Sunstone Hotel Properties, Inc., and upon a satisfactory review by Mr. Sampinos, that a local consent for a liquor license for the restaurant and private club be approved. Motion seconded by Councilmember Bringhurst and carried.
11. TOMASITO'S CATERING, DUTCH OVEN DELIGHTS - Home Occupied Businesses
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following home occupied businesses.
Tomasito's Catering, 175 South 700 East, Thomas P.
Landavazo, Change of Address
Dutch Oven Delights, 580 East 400 South, Randy Mathis/Lane
MOTION. Councilmember Piccolo moved that the home operated businesses be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.
12. WESTERN EXPOSURE PHOTO COMPANY - 1 East Main, Sign, Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for the construction of a sign for the Western Exposure Photo Company, 1 East Main. MOTION. Councilmember Piccolo moved that the sign be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Denison and carried.
13. ROSE ETZEL - Planning & Zoning Commission Appointment
PENNY SAMPINOS - Planning and Zoning Commission Reappointment
MOTION. Councilmember Piccolo moved that the appointment of Rose Etzel as a Boardmember of the Planning and Zoning Commission be ratified, and that Penny Sampinos be reappointed as a Boardmember. Motion seconded by Councilmember Wheeler and carried. Ms. Etzel's term will be from 2-1-96 to 1-30-98.
14. RICHARD BOYDEN, NORMA PROCARIONE - Travel Approved
Mayor Colosimo presented the following travel requests and recommended approval.
Richard Boyden, D.A.R.E. Instructor School, August 11-23, P.O.S.T.
Norma Procarione, Library UPLIFT Program, August 5-7, Salt Lake
MOTION. Councilmember Wheeler moved that the travel requests be approved. Motion seconded by Councilmember Piccolo and carried.
15. LIBRARY PROGRAM DIRECTOR - Permission To Advertise
MOTION. Councilmember Wheeler moved that permission be given to advertise for a Library Program Director. Motion seconded by Councilmember Denison and carried.
16. MARY F. NOYES - New Hire
FRED NICHOLS - Rehire
Mayor Colosimo presented the following new hire and rehire and recommended approval.
New Hire - Mary F. Noyes, Cemetery Dept., Laborer, Temp/FT
Rehire - Fred Nichols, Water Dept., Laborer, Temp/FT
MOTION. Councilmember Piccolo moved that the new hire and rehire be approved. Motion seconded by Councilmember Wheeler and carried.
17. CEMETERY LABORERS - Struck
18. CARBON/EMERY DRUG TASK FORCE - Permission To Accept Grant FY96/97
MOTION. Councilmember Nikas moved that permission be given to accept a grant in the amount of $81,467 from the State of Utah for the Carbon/Emery Drug Task Force for the 1996/97 year. Motion seconded by Councilmember Denison and carried.
19. ORDINANCE #96-008 - Providing For Taxation of Revenue of Public Utilities
Mr. Jones presented Ordinance #96-008, providing for a taxation of revenue of public utilities, repealing all ordinances in conflict therewith and providing that this ordinance shall become effective thirty days upon publication and final passage. This ordinance pertains to the increase in franchise fees for public utilities. MOTION. Councilmember Nikas moved that Ordinance #96-008 be approved, that the Mayor and City Recorder be authorized to sign the ordinance, and that it become effective 30 days after publication. Motion seconded by Councilmember Piccolo and carried.
20. RESOLUTION - Revising Sewer Fees - Tabled
21. CASELLE SOFTWARE SYSTEM - Permission To Waive Bidding Procedures For Update
MOTION. Councilmember Nikas moved that bidding procedures be waived and that an updated version of the computer system be purchased through Caselle Software System. Motion seconded by Councilmember Denison and carried.
22. RESOLUTION #96-08 - Adoption of Job Descriptions
Mr. Jones presented Resolution #96-08, amending the personnel policies of Price Municipal Corporation and establishing certain job descriptions that were effective with the budget on July 1, 1996. MOTION. Councilmember Wheeler moved that Resolution #96-08 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Piccolo and carried.
23. WATER DEPARTMENT - Permission to receive Bids For Purchase of Backhoe, Dump Truck and 1/2 Ton 4WD Truck
MOTION. Councilmember Piccolo moved that permission be
given to receive bids for the purchase of a backhoe, dump truck and 1/2 ton 4WD truck.
Motion seconded by Councilmember Nikas and carried.
24. CENTRAL OFFICE BUILDING - Hansen Roofing - Partial Payment
MOTION. Councilmember Wheeler moved that a partial
payment in the amount of $23,310 be paid to Hansen Roofing for their contract on the
Central Office building repair. Motion seconded by Councilmember Piccolo and carried.
25. WATER TANK CONSTRUCTION - Build Inc., - Partial Payment #11
MOTION. Councilmember Piccolo moved that partial payment #11 in the amount of $49,920 be paid to Build, Inc., for their contract on the Water Tank Construction. Motion seconded by Councilmember Nikas and carried.
26. PRICE RIVER DRIVE BUSINESS PARK, PLAT "B" - Partial Release #3 of Letter of Credit
MOTION. Councilmember Nikas moved that a partial release of the Letter of Credit in the amount of $47,195 be approved for Ray Morley of GSA Associates on the Price River Drive Business Park, Plat B. Motion seconded by Councilmember Denison and carried. This covers the irrigation pipeline system, mobilization and engineering. Ten (10%) percent will still be with-held.
27. CERTIFIED TAX RATE - 0.003091
Pat Larsen reported that Carbon County has set the Certified Tax Rate at 0.003091. This is $30,000 more than what was budgeted. She requested permission to either increase the budget $30,000 and the expenditures $30,000 or decrease the amount transferred from the Electric Fund. MOTION. Councilmember Nikas moved that the certified tax rate be adopted, that an amount be budgeted to purchase another police car and the balance placed in the Electric Fund. Motion seconded by Councilmember Denison and carried.
28. BUSINESS LICENSE APPLICATIONS - Approved
The following business license applications were received:
Sliced Ice, 2 Locations (610 West Price River Drive, 406 South Highway 55), Russ & Kathy Larsen-Owners, Retail Shaved Ice (54), $100 ($50 Half Year Fee For Each Location)
Main Street Carpet & Interiors, 66 East Main, Sandy Jumper/Tammy Pierce-Partners, Retail Furniture & Carpets (57) $50 Half Year Fee
Rosie's Deli & Bakery, 61 South 700 East, J. Gus Cayne and Silvia Fassio-Partners, Deli & Bakery (58) $50 Half Year Fee
Safelite Auto Glass #3103, 443 West 100 North, Provo, Utah, K. Ann Holder-Manager, Windshield Repair (75.4) $100 Reciprocal License
Trails End Realty, 451 East Main, Charla Watkins & Colleen
Davis-Partners, Real Estate (65.31) $50 Half Year Fee
MOTION. Councilmember Piccolo moved that the businesses be approved. Motion seconded by Councilmember Wheeler and carried.
29. CENTRAL OFFICE BUILDING
Councilmember Wheeler presented a detailed breakdown on the expenditures and revenues associated with the operation of the Central Office building from 1993 to the present. As the Utah State Department of Human Services will soon be moving to their new location, she recommended that the City try to either rent or sell the building. Mayor Colosimo stated that the City has offered the building to Carbon County for $1.00/year. However, they have received no response. Mr. Sampinos stated that Senator Mike Dmitrich was trying to get the Legislature to procure funding to build a juvenile detention center in this area. It was suggested that the Central Office building be considered in lieu of a new building. Mr. Sampinos recommended that a letter be sent to the State to encourage this if it ever materializes. The Council discussed several options, such as contacting the school district to see if they might be interested in the space or if the museum would like to expand. MOTION. Councilmember Bringhurst moved that a committee consisting of himself, Mayor Colosimo, Councilmember Wheeler, Pat Larsen, and Vern Jones, be appointed to review the options for the building and proceed to find an agency/agencies for possible renters. Motion seconded by Councilmember Wheeler and carried.
30. CITY PLANNING
Councilmember Bringhurst recommended that the Council begin holding sessions to incorporate a general plan for the future of the City. He reviewed the strategies that Cedar City undertook approximately 8 years ago that resulted in the relocation of 32 companies to their area. Councilmember Bringhurst suggested holding meetings either monthly or quarterly. The could be public meetings and if anybody shows up, they could provide input. They could be scheduled for an hour, and when that hour is up, the meeting would adjourn. He has talked to other members of the Council and they all feel they hear about issues, but never have time as a Council to discuss them. The Council could select which specific items they want to discuss. The Council agreed with the recommendation and scheduled a session on Wednesday, August 7, 4:30 p.m.
Meeting adjourned at 8:42 p.m.