Minutes of The Price City Council Meeting
City Hall: Price, Utah
September 12, 2000, 5:00 p.m.
Councilmembers: Vernon W. Jones, Community Administrator
Roy A. Nikas Joanne Lessar, City Recorder
Betty P. Wheeler Pat Larsen, Finance Director
Stephen L. Denison Nick Sampinos, City Attorney
Richard Tatton Gary Sonntag, PWD/City Engineer
Keith Wight, Human Resource Director
Aleck Shilaos, Chief of Police
Excused: Mayor Lou Colosimo
Councilmember Joe L. Piccolo
Debbie Pappas Marvin Burghardt Kent Boyack
Councilmember Nikas led the Pledge of Allegiance. Roll was called with the above members in attendance. Councilmember Nikas reported that Mayor Colosimo is recuperating at home from his recent surgery and is doing well. He should be back to work shortly.
1. MAYOR PROTEMPORE - Councilmember Roy A. Nikas
MOTION. In the absence of Mayor Colosimo, Councilmember Tatton moved that Councilmember Roy A. Nikas be appointed Mayor Protempore. Motion seconded by Councilmember Denison and carried.
2. MINUTES - August 23, 2000
MOTION. Councilmember Denison moved that the minutes of the August 23, 2000 meeting be approved as written. Motion seconded by Councilmember Tatton and carried.
3. DEBBIE PAPPAS - Complaint On Traffic At Smiths Parking Lot
Debbie Pappas discussed a traffic problem that is occurring at the Smiths Parking lot during the evening hours. Teenagers continually congregate and drive in and out of the parking lot at a high rate of speed. She was almost hit twice in one night. She is concerned that someone is going to get hurt. She has discussed this with the business owners, but they are at a loss as to what to do. The owner of the business center lives out of the state. Mayor Protem suggested that the tenants get together and discuss this with the landlord. Police Chief Aleck Shilaos indicated that what Mrs. Pappas has described does occur. The Police Department is limited at what they can do on private property. They can only make suggestions to the property owner. It was recommended that since Councilmember Denison is a new tenant in the area, that he could get with the other tenants and landlord and come up with a solution. Chief Shilaos stated that he will contact Ed Howa, the local tenant who is in charge of the lot.
4. CARBON COUNTY DOMESTIC VIOLENCE COALITION - Permission To Hang Clothes Line on 1st North Between 1st and 2nd East
Mayor Protem Nikas presented a letter from the Carbon County Domestic Violence Coalition requesting permission to hang a clothes line on 1st north between 1st and 2nd East during the month of October in observance of Domestic Violence Awareness Month. MOTION. Councilmember Denison moved that permission be given to hang the clothes line for the first two weeks of October and that they be asked to do something different for the remainder of the month. Motion seconded by Councilmember Tatton and carried.
5. RESOLUTION #2000-16 - Transfer Of Peak Cablevision Franchise To Mallard Cablevision
Shane Baggs, manager of Peak Cablevision, requested that the Council approve the transfer of Peak Cablevision to Mallard Cablevision, L.L.C., effective October 15, 2000. Mallard is based in Texas and is one of the top 20 multi cable system operators in the country. They are very aggressive in buying rural cable systems, and recently purchased 14 systems in Utah. They
operate systems in Oregon, Montana, Idaho, California, and several in the east. They are interested in system consolidations, using fibre and microwave. The office in Price will remain as well as the employees. Mr. Baggs stated that he forsees no immediate fee increases. Fee increases usually come during the budget process. MOTION. Councilmember Tatton moved that the transfer be approved and that Resolution #2000-16, authorizing the transfer, be adopted and that the Mayor/Mayor Protem and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.
6. MELODIC ROCK BAND CONCERT - Permission To Use Peace Gardens
MOTION. Councilmember Wheeler moved that the verbal approval given to the Melodic Rock Band Concert to use the Peace Gardens on September 1st be ratified. Motion seconded by Councilmember Tatton and carried.
7. CHILDRENS JUSTICE CENTER FUND RAISER - Local Consent For Beer and Liquor
MOTION. Councilmember Denison moved that local consent for beer and liquor be given to the Childrens Justice Center for their annual Harvest Ball to be held on Saturday, October 28th, at the Notre Dame School and that the Mayor/Mayor Protem be authorized to sign the consent form. Motion seconded by Councilmember Wheeler and carried.
8. LIBRARY - Permission To Apply For Library Services and Technology Act Grant
MOTION. Councilmember Wheeler moved that the Library be authorized to submit an application for a grant from the Library Services and Technology Act. Motion seconded by Councilmember Tatton and carried. This is a state grant and does not require matching funds.
9. CARBON HIGH SCHOOL - Permission For Bonfire
Mayor Protem Nikas reported that an issue has arisen regarding the City’s ordinance regarding open fires. Carbon High School has requested permission to hold their annual bonfire which begins Homecoming activities. Nick Sampinos stated that if this is allowed, it will be an exemption to the ordinance and that he should be directed to amend the ordinance to allow this if this is the City’s intention. Whatever change is made to the ordinance would require a permit to be issued and approved by the Fire Chief. The size of the bon fires was discussed and it was recommended that the Fire Chief have the final decision as to the number of truck loads/pallets that can be placed on the pile for burning. MOTION. Councilmember Tatton moved that the bonfire be approved and that the ordinance be amended to allow Carbon High School to hold their annual bonfire with the permitted acceptance of the Fire Chief and under the controlled supervision and requirements specified by the Fire Chief and/or Price City. Motion seconded by Councilmember Denison and carried.
10. COLEMAN’S COUNTRY COOKING - Home Occupied Business Approved
Vern Jones reported that the Planning and Zoning Commission gave a favorable recommendation to Stephen Paul Coleman to operate a catering/barbecue business at his home located at 130 East 200 North subject to State and health department requirements. The meals will be prepared on the customers premise. Prior to issuance of a license, Mr. Coleman will present a copy of a letter from the State indicating they have met all requirements. MOTION. Councilmember Wheeler moved that the home operated business be approved upon payment of the business license fee and upon receipt of the above letter. Motion seconded by Councilmember Denison and carried.
11. JOLLY GOOD TIME OURS - Home Occupied Business Approved
Vern Jones reported that the Planning and Zoning Commission gave a favorable recommendation to Madelyn Petersen to operate a tour business at her home located at 163 North 200 West. MOTION. Councilmember Wheeler moved that the home occupied business be approved upon payment of the business license fee. Motion seconded by Councilmember Tatton and carried.
12. B. C. MOBILE WASH - Home Occupied Business Approved - Tabled
13. TITAN STARTER AND ALTERNATOR REPAIR - Home Occupied Business Approved For Remainder of Year 2000
Vern Jones reported that the Planning and Zoning Commission gave a favorable approval for a one year temporary business license to Marvin Burghardt to operate a starter and alternator repair business at his home located at 250 North 6th Avenue. Mayor Protem Nikas expressed concern regarding the operation of an auto repair business in a residential neighborhood. The Council has received previous complaints regarding hobbies, cars being spray painted, body work, etc. in residential areas. Nick Sampinos stated that the Business License Code 11-3-5 states that it shall be unlawful for any person to conduct or operate a repair shop within a residential district. However, it does not specify what kind of repair shop. The Council needs to determine if they want to amend the Business License Ordinance to indicate what kind of repair shops should be prohibited, such as auto repair. MOTION. After further discussion, Councilmember Denison moved that the business be approved for the remainder of this year upon payment of the business license fee and that the Council review this issue to determine what direction they want to take. Further, that Mr. Burghardt sign an agreement that his business license is for the remainder of this year and if the Council decides to disallow this type of business, he will discontinue this business at his home. Motion seconded by Councilmember Wheeler and carried.
14. CASTLE VALLEY WASH - Conditional Use Permit
Vern Jones reported that the Planning and Zoning Commission gave a favorable recommendation for a Conditional Use Permit to Castle Valley Wash to construct offices above their laundromat located at 97 East 100 North. MOTION. Councilmember Tatton moved that the request be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Wheeler and carried.
15. YOUNG HERBS - Conditional Use Permit
Vern Jones reported that the Planning and Zoning Commission gave a favorable recommendation for a Conditional Use Permit to Young Herbs to operate at 55 North 600 East. MOTION. Councilmember Denison moved that the request be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Tatton and carried.
16. RICHARD HACKWELL (FARM BUREAU INSURANCE) - Conditional Use Permit - Tabled
17. SHAUNA FASSETT - Travel Approved
Mayor Protem Nikas presented the following travel request:
Shauna Fassett - Fall 2000 TAC Training, Spanish Fork, November 1st, 2nd
MOTION. Councilmember Wheeler moved that the travel be approved. Motion seconded by Councilmember Denison and carried.
18. PUBLIC SAFETY BUILDING EXTERIOR SIDING - J.D. Home Improvements - Partial Payment
Vern Jones presented a request for a partial payment in the amount of $5,000 submitted by J.D. Home Improvements for their contract to install siding on the exterior of the Public Safety Building. MOTION. Councilmember Wheeler moved that the payment be approved. Motion seconded by Councilmember Tatton and carried.
19. PURCHASE OF PRICE RIVER WATER USERS ASSOCIATION STOCK - Ratified
MOTION. Councilmember Denison moved that verbal approval given to purchase 6 shares of Price River Water Users Association Stock at $1,400/share be ratified. Motion seconded by Councilmember Tatton and carried.
20. PUBLIC WORKS COMPLEX, OVERHEAD DOOR REPLACEMENT (Building C & D), #28C-2000 - Permission To Award Contract
Gary Sonntag reported that the City budgeted $5,000 for the replacement of two overhead doors for Buildings C and D at the Public Works Complex. Two quotations were received for the doors and installation - Gleave Doors for $4,250 and C & C Improvement Company for $12,575. He requested permission to award the contract to Gleave Doors. MOTION. Councilmember Denison moved that the request be granted. Motion seconded by Councilmember Wheeler and carried.
21. CLASS “C” ROAD IMPROVEMENTS, #18C-2000 - Valley Asphalt Company - Partial Payment #1
Gary Sonntag presented a request for a partial payment in the amount of $313,597.06 submitted by Valley Asphalt Company for their contract on the Class “C” Road Improvement project. MOTION. Councilmember Denison moved that the payment be approved. Motion seconded by Councilmember Wheeler and carried.
22. TERRACE HILLS SKATE PARK #8C-2000 - Stapp Construction Co. - Final Payment
Gary Sonntag presented a request for a final payment in the amount of $18,640 submitted by Stapp Construction Co. for their contract on the Terrace Hills Skate Park. MOTION. Councilmember Tatton moved that the payment be approved. Motion seconded by Councilmember Wheeler and carried.
23. PURCHASE OF VEHICLES FOR BUILDING INSPECTION, BUILDING MAINTENANCE, PUBLIC WORKS COMPLEX AND PARKS - Approved
Gary Sonntag reported that the City has budgeted for the purchase of vehicles for the Building Inspection Dept., Building Maintenance, Public Works Complex and Parks. In order to save money, the Shop Department conducted a search for used vehicles. He requested permission to purchase the following vehicles at the quoted prices.
Building Inspection - 1998 Ford Ranger 4X4, 22,307 miles - $14,000
Building Maintenance - 1998 Ford Ranger 4X4, 32,693 miles - $13,650
Public Works Complex - 1999 Ford Explorer 4X4, 18,315 miles - $19,075
Parks Dept. - 1998 Chevrolet CK/2500 4X4, 15,597 miles - $18,075
MOTION. Councilmember Wheeler moved that the vehicles be purchased. Motion seconded by Councilmember Denison and carried.
24. JACOBSEN REEL LAWN MOWER - Permission To Proceed To Sell
Gary Sonntag reported that at the last meeting, the Council approved the request to surplus the Jacobsen reel lawn mower and use it as a trade in on sod for the skate park. As there has been increased interest in the purchase of that mower, he would like permission to receive quotations and sell the mower including a specialized reel mower blade that goes with it. MOTION. Councilmember Tatton moved that the request be granted. Motion seconded by Councilmember Wheeler and carried.
25. PRICE/WELLINGTON CANAL - Update
Mayor Protem Nikas reported that Pioneer Ditch Company #2 is having a meeting tonight to evaluate the piping of the canal. We will know tomorrow what progressed in that meeting.
26. DIGITAL SIGNATURES ON CITY CHECKS - Approved
Pat Larsen presented the following safeguards that will be used during the use of digital signatures on City checks.
Signature disk to be in locked box.
Passwords assigned only to programs that generate checks.
Black checks to be locked in file cabinet.
Finance Director and/or Treasurer will review checks.
Finance Director and/or Treasurer will sign form stating they reviewed checks.
Check registers printed on a regular basis to check for numerical order.
Invoices attached to check stub and filed numerically.
Invoices and purchase orders stamped paid by Finance Director.
MOTION. Per the above safeguards, Councilmember Wheeler moved that authorization be given to use digital signatures on checks. Motion seconded by Councilmember Tatton and carried.
27. SWIM TEAM ITEMS - Update
Gary Sonntag reported that he and Councilmember Wheeler met with the high school swim team coach as well as the president of the Booster Club. They reviewed a list of items and prioritized them for purchase. These will improve the way the swim meets are conducted, and will be a benefit to the City as well as the students. The Booster Club is sponsoring fund raisers and soliciting donations in order to help offset the costs of the equipment. The City will make every effort to fill in for the shortfall so that these items can be purchased. The first item to be purchased is a starter and the next item is lane lines.
28. SWIMMING POOL LIFT - Update
Gary Sonntag reported that with the help of Nancy Bentley of Active ReEntry, the City is reviewing the swimming pool lift for the handicapped and disabled. The City currently has a sling type lift that is old and manually operated. There is no question that this should be replaced with something more modern and easier to use. The one being considered is approximately $3,200 - $3,500. In addition to the City, he and Vern have discussed sources of funding.
29. PURCHASE OF FURNACE WITH CONDENSER FOR FIRE DEPARTMENT - Approved
Fire Chief Kent Boyack reported that at the last meeting, the Council questioned the installation of a new furnace in the Fire Department building by a Volunteer Fireman. Francis Duzenack, Building Inspector, indicated that this would be okay. Chief Boyack presented a copy of the State Code authorizing an employee of a government agency to do this type of work. MOTION. Councilmember Tatton moved that the furnace be purchased and that it be installed inhouse by Fire Department staff. Motion seconded by Councilmember Wheeler and carried. The electrical portion of the installation will be conducted by an electrical contractor.
Meeting adjourned at 6:37 p.m.