Minutes of The Price City Council Meeting

City Hall: Price, Utah


September 25, 1996, 5:35 p.m.


Present:

Mayor Lou Colosimo

Councilmembers:

Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison

Vern Jones (Adminis. Assistant), Joanne Lessar (City Recorder), Cobb Johnson (Public Works Dir.), Gary Sonntag (City Engineer), Aleck Shilaos (Chief of Police)

Absent and Excused:

Pat Larsen (Finance Director), Nick Sampinos (City Attorney)

Others Present: Fernae Morley, Karen Hass, John Serfustini, Debi Madrid, Trudy Markosek, David Child, David Swenson

Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.


1. INTERNATIONAL DAYS CELEBRATION - Comments By John Serfustini

John Serfustini thanked the Council for all the help and assistance from the City during the International Days Celebration. City crews did an excellent job in keeping the grounds around Pioneer Park and Washington Park free of litter. Several comments have been received on how well the events were organized and that the celebration was one of the best ever.

2. MINUTES - July 10, 1996, July 23, 1996, August 7, 1996, August 14, 1996, August 28, 1996

MOTION. Councilmember Nikas moved that the minutes of the July 10, July 23, August 7, August 14, and August 28, meetings be approved as written. Motion seconded by Councilmember Piccolo and carried.

3. BID OPENING - Hospital Drive Property - Direction To Prepare Deed

The following bid was received for the purchase of surplus City property located along Hospital Drive and identified as Lot #1-2661-1.

Wayne and Kathleen Cox

Pinnacle Gate Convenience Center - $1,635.00

MOTION. There being no other bids, Councilmember Denison moved that the bid amount be accepted and that direction be given to prepare the deed upon receipt of payment for the above property. Motion seconded by Councilmember Bringhurst and carried.

4. BID OPENING - 4WD Backhoe Loader - Committee Appointed

The following bids were received for the purchase of a 4WD Backhoe Loader.

Century Equipment Co., Inc., SLC

Case Loader/Backhoe 590 Super L $64,849.00

Scott Machinery Co., SLC

John Deere 410D Heavy Lift $65,850.00

M & R Equipment, SLC

Case Loader/Backhoe 590 Super L $61,832.00

MOTION. Councilmember Piccolo moved that a committee comprised of himself, Councilmember Nikas, Cobb Johnson, Paul Wheeler, and Pat Larsen, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Wheeler and carried.

5. CARBON COUNTY CHAMBER OF COMMERCE - Rental Fees Waived For Civic Auditorium, Contribution For Miss Carbon County

MOTION. Councilmember Wheeler moved that with the exception of hard costs, that rental fees be waived for use of the Civic Auditorium by the Chamber of Commerce for the Miss Carbon County contest, and that $500 be contributed towards the event. Motion seconded by Councilmember Piccolo and carried.

6. NOTRE DAME OKTOBERFEST - Single Event Beer Permit Approved

MOTION. Councilmember Nikas moved that a single event beer permit be approved for the Notre Dame Oktoberfest scheduled for October 5th. Motion seconded by Councilmember Wheeler and carried.

7. ACTIVE RE-ENTRY - Request For Contribution Approved

MOTION. Councilmember Nikas moved that $250 be contributed to Active Re-Entry for the purchase of a new van. Motion seconded by Councilmember Piccolo and carried.

8. SUN ADVOCATE - Purchase of Ad For Carbon And Emery County Business Review 1996, Approval For Coloring Book

MOTION. Councilmember Bringhurst moved that an ad in the amount of $100 be purchased from the Sun Advocate for the Carbon and Emery County Business Review 1996, and that the City be a sponsor for the elementary coloring book contest during Red Ribbon Week in the amount of $40. Motion seconded by Councilmember Denison and carried.

9. SHELDON K. HANSEN - Request For Roadway Paving, 1300 South Carbon Avenue

Sheldon K. Hansen requested that the City consider paving the roadway from approximately 1300 South Carbon Avenue to 100 East. He constructed the road according to City specifications in 1976, but is unable to continue maintaining the road. He discussed the use of Class "B" road funds with the Carbon County Commission. He discussed this project with Lee Semken who is heavily involved with county road funds, and who in turn talked with Commissioner Bill Krompel. Commissioner Krompel assured Mr. Hansen that the County would accept this road if the City presented them with a letter. He would endeavor to provide the funds for participation along with their heavy equipment, such as road graders and large pavers.

Councilmember Nikas stated that in July, 1994, Mr. Hansen approached the Council regarding this same issue. At that time, the Council felt that the only acceptance would be if the road were brought up to current standards with sub-base, asphalt, and drainage. This is the first time he has heard the County willing to assist in a project like this. He explained to Mr. Hansen that Class "C" road funds, which the City controls, is basically booked up for the next couple of years on City projects. The City does not have the funds to take over a street. He sees no problem if the County wants to bring the road up to standard and deed it to the City. It will be necessary to have an interlocal government agreement in place before assuming the roadway. Councilmember Piccolo agreed with Councilmember Nikas. However, in his conversation with another Commissioner, Councilmember Piccolo indicated that the Commissioner had no conception or indication that this suggestion was ever made. It was recommended that a letter be written to the Carbon County Commission regarding the above request and that a meeting be held to discuss this. The Council will advise Mr. Hansen accordingly.

10. DEBBIE MADRID - Neighborhood Complaint


Debbie Madrid, 158 East Hillcrest Drive, registered a complaint against her neighbor, Joanne Drysdale, 145 East 900 North, and the condition of her back yard. Since Mrs. Drysdale brought in a ton of straw in March, Mrs. Madrid has been experiencing bug problems. She is fearful of the upcoming winter and if there will be rodent problems. They have contacted the Ordinance Compliance Officer, and so far, nothing has been done. Police Chief Shilaos stated that he has looked in Mrs. Drysdale's back yard and has not seen any straw. Trudy Markosek, another neighbor, questioned the hanging of an ugly blue canvas over the fence. Councilmember Colosimo stated that this is temporary until she gets her yard straightened. The Council directed that the straw problem be investigated.

11. PURCHASE OF WATER METERS - Ratified


MOTION. Councilmember Nikas moved that the verbal approval to purchase water meters at a cost of $4,228 be ratified. Motion seconded by Councilmember Piccolo and carried.

12. CHRISTMAS BOUTIQUE SALES - Review of Fees

Fernae Morley, who runs a Christmas holiday boutique sale for two days during the month of November, requested the possibility of reducing the license fee for this type of business operation. She does not operate any other time of the year. As Mrs. Morley's husband operates a contracting business out of his home, it was questioned if she would need a second license. The Council discussed a 30 day license for possibly $15, $20 or $30, and limiting it to a local resident. The Council directed that this be reviewed with the City Attorney.

The Council also discussed those individuals who grow their own produce and sell it along the roadside. The current ordinance states that those who grow their own, do not need a business license.

13. PURCHASE OF WATER DEPARTMENT TRUCK, CAB AND CHASSIS - Bidding Procedures Waived


MOTION. Councilmember Piccolo moved that bidding procedures to waived for the purchase of a Water Department truck, cab, and chassis, and that it be purchased through the State contract. Motion seconded by Councilmember Nikas and carried.

14. TONI'S NAILS AND CRAFTS, CAVEART GRAPHICS, CLAR'S ECONOMICAL AUTO WASH, DESERET WELDING, PIPE DREAM - Home Occupied Businesses Approved

Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following home occupied businesses with the following stipulations.

Toni's Nails and Crafts, 785 North Homestead, Toni Johnson-Owner - Personal Nail Services

Caveart Grapics, 785 North Homestead, Kimball Johnson-Owner - Computer Consulting and Programming

Clar's Economical Auto-wash, 351 South 400 East, Clarence D.

Prince-Owner - Auto Detailing - Cars kept off the street.

Deseret Welding, 245 South 200 East, Jason Barney-Owner - Field Welding Services - No welding at residence.

Pipe Dream, 645 North 200 East, Michael Ian Swanson-Owner

Retail sales of wildlife and animated posters through internet

MOTION. Councilmember Piccolo moved that the businesses be approved upon payment of the business license fee. Motion seconded by Councilmember Denison and carried.

15. TENDER HEARTS HOME HEALTH, RUSSELL AND JANET FORSYTH - Conditional Use Permits

Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits.

Tender Hearts Home Health, 21 East Main - Business, Sign

Russell and Janet Forsyth, 250 South 200 West - Splitting of Property Into two lots.

MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.

16. HANS MILLER - Miller Equipment, Conditional Use Permit

Councilmember Piccolo reported that Hans Miller requested that the Planning and Zoning Commission waive the required sight obscuring fence on the south side of his property as well as the pavement on the east side of his property located at 400 South Carbon Avenue. Staff prepared a report summary involving 6 items which they felt should be reviewed and implemented as a condition of approval for Mr. Miller's project. The Commission approved 4 of the items, which involved a new sidewalk on the east side of the property, a stop sign, an existing street light, and pavement on the front of the property. The other 2 items involved a large drive approach on 400 South to accommodate heavy truck traffic, and a 6' site obscuring fence along the entire perimeter of the property associated with the business. The Commission recommended that the 4 items be approved and that Mr. Miller be allowed another 45 days to complete the 5th and 6th items. However, he recently learned that an additional 45 days will override the court's decision to have everything completed by October 10th. In September, 1995, the City Attorney's office issued a letter requiring certain things be completed before a Conditional Use Permit and a business license could be issued. He failed to complete these items, and it was turned over to the court. The court has given him several ultimatums and has been working with him since that time. The City has been working with Mr. Miller for 4 1/2 years to get him to comply with the City's Land Development Code. MOTION. Councilmember Piccolo moved that Mr. Miller be required to comply with all items requested by the October 10th deadline that the court has set, and that Mr. Miller be given a copy of the report prepared by staff to clarify what he needs to do and what he should have been doing in his efforts to comply with the requirements set forth in the letter dated September, 1995. Further, if Mr. Miller elected to apply to the City's sidewalk replacement program and paid the necessary fee prior to the October 10th deadline, that this would be considered as compliance for the 400 South sidewalk work. Motion seconded by Councilmember Bringhurst and carried.

17. BRYAN A. HENRIE - New Hire Streets Dept., Laborer, Temp/FT

SARAH NEILSEN - Reclassification

Mayor Colosimo presented the following personnel actions and recommended approval.

New Hire - Bryan A. Henrie, Streets Dept., Laborer, Temp/FT

Reclassification/Promotion - Sarah Nielsen, from Lifeguard

to Hydroaerobics Instructor/Lifeguard, Perm/PT

MOTION. Councilmember Denison moved that the personnel actions be approved. Motion seconded by Councilmember Bringhurst and carried.

18. JOE CHRISTMAN, JUANITA RICHARD, BILL BARNES, TOM HARRIS, TRACY ALLRED, LINDA ALLRED, BOB POTTS - Travel Approved

Mayor Colosimo presented the following travel requests and recommended approval.

Joe Christman, Juanita Richard, Bill Barnes, Tom Harris

(Emery County) - Carbon Emery Drug Task Force, Utah

Narcotic Officers Association Educational Seminar, 9-29 to

10-4, St. George

Tracy Allred - Utah Drug Academy, Drug Investigation

Course, P.O.S.T., October 28 - November 8

Linda Allred - Casselle Users Workshop, October 15, St.

George

Bob Potts - Casselle Users Workshop, October 15, 16, St.

George

MOTION. Councilmember Piccolo moved that the travel be approved. Motion seconded by Councilmember Wheeler and carried.

19. FIRE PROTECTION AGREEMENT - Carbon County

Mr. Jones presented the Fire Protection Agreement with Carbon County in the amount of $21,000/year. Mr. Sampinos has reviewed the agreement and recommends approval. 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 Piccolo and carried.

20. RESOLUTION #96-10 - Amending Price City Personnel Policies and Procedures

Mr. Jones presented Resolution #96-09, repealing the portion in the Policies and Procedures Manual pertaining to medical and dental insurance being offered to only one employee when two employees are legally married. MOTION. Councilmember Piccolo moved that Resolution #96-09 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.

21. RESOLUTION #96-11 - Hearing Officer, Lifeguard/Instructor Positions

Mr. Jones presented Resolution #96-10, adding the job description for a Hearing Officer, Grade 12, and setting a Grade D for the position of Lifeguard/Instructor. MOTION. Councilmember Denison moved that Resolution #96-10 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.

22. RAY RICHENS - Request To Purchase City Property - Denied

Mayor Colosimo presented a letter from Ray Richens, 867 North 600 East, stating that he is still interested in purchasing City property located adjacent to his residence, which was approved for sale by the Council in August, 1994, for the previously stated price of $3,300. MOTION. Based on construction of a storm drain system in this area, Councilmember Denison moved that the City hold on to this property and not sell it at this time. Motion seconded by Councilmember Bringhurst and carried.

23. 8TH NORTH STORM DRAINAGE - Community Impact Board Funding


Mr. Jones presented a letter from the Permanent Community Impact Fund Board (PCIFB) pertaining to financial assistance to construct an underground pipe from the storm drain diversion structure east along 900 North to Meads Wash and the installation of underground pipes to tie the existing storm drainage system to carry the water to Meads Wash. The PCIFB voted to place the funding request on the Prioritization List for prioritization and funding consideration at their December 5, 1996 board meeting for a $184,000 10 year loan at 3.0% and a $184,000 grant. The Council expressed that appreciation to the above consideration. MOTION. Councilmember Nikas moved that the City accept the package as presented by the PCIFB. Motion seconded by Councilmember Bringhurst and carried.

24. UTAH DEPARTMENT OF TRANSPORTATION AGREEMENT - Curb and Gutter Repairs, SR-10, SR-55, and SR-283

Cobb Johnson presented a contract with the Utah Department of Transportation for repairs of curb and gutter on various sections of SR-10, SR-55, and SR-283, and provides handicap ramps at the intersections within Price City limits. UDOT pays for materials and Price City provides the equipment and labor to make the repairs and improvements. MOTION. Councilmember Nikas moved that the agreement be approved subject to a satisfactory review by Mr. Sampinos, and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Wheeler and carried.

25. CENTRAL SCHOOL OFFICE BUILDING - Hansen Roofing - Final Payment

MOTION. Councilmember Wheeler moved that a final payment in the amount of $2,590 be paid to Hansen Roofing for the contract on the Central School Office Building subject to final review by Gary Sonntag and himself. Motion seconded by Councilmember Piccolo and carried.

26. SWIMMING POOL BUILDING HEATING CONTROL - Engineering Control Systems - Final Payment


MOTION. Councilmember Denison moved that a final payment in the amount of $2,955 be paid to Engineering Control Systems for their contract to update the heating controls in the swimming pool building. Motion seconded by Councilmember Bringhurst and carried.

27. WATER SYSTEM EXPANSION PROJECT IV, PHASE I (TANK) - CRS Consulting Engineers - Partial Payment #23

MOTION. Councilmember Piccolo moved that Partial Payment #23 in the amount of $1,253.07 be paid to CRS Consulting Engineers for work completed on the water tank from July 31 through August 31, 1996. Motion seconded by Councilmember Wheeler and carried.

28. WATER SYSTEM EXPANSION PROJECT IV, PHASE I (TANK) - Electrical Power Supply - Permission To Install

Gary Sonntag reported that a permanent electrical power supply will be needed at the 10 million gallon water tank to operate the electronic Telemetry system and for future power requirements. He requested permission to place a work order with Utah Power for an estimated cost of $3,800. MOTION. Councilmember Piccolo moved that the request be granted. Motion seconded by Councilmember Nikas and carried.

29. WATER SYSTEM EXPANSION PROJECT IV, PHASE II (PIPELINE AND PUMP STATION) - Nelson Irrigation and Const. - Partial Payment #3


MOTION. Councilmember Piccolo moved that Partial Payment #3 in the amount of $183,304.53 be paid to Nelson Irrigation and Const. for their work completed from August 10 through September 18, 1996, on the Water Expansion Project IV, Phase II, Pipeline and Pump Station. Motion seconded by Councilmember Nikas and carried.

30. WATER SYSTEM EXPANSION PROJECT IV, PHASE II (PIPELINE AND PUMP STATION) - Electrical Power Supply - Permission To Install Approved

Gary Sonntag reported that a permanent power supply is needed at the pump station to operate the pumps, lights and Telemetry system. The power requirement is high and will be around 1200 Amps. He requested permission to place a work order with Utah Power & Light Co. at an estimated cost of $21,000. MOTION. Councilmember Piccolo moved that the request be granted. Motion seconded by Councilmember Nikas and carried.


31. WATER SYSTEM EXPANSION PROJECT IV, PHASE II - Pump Station Drainage Solution - Permission to Install Culvert Approved

Gary Sonntag reported that a large drainage sump was originally planned in order to collect both underground and surface drainage from the water pump station. Since the plans were developed and bid and due to the unstable ground, it was necessary to over-excavate. This required the footing drains to be put in lower. This brought the drains too close to the bottom of the sump and does not allow any storage space for the collection of water, particularly if it fills up with surface water. He has looked at various solutions and the one he feels will work is to have two different systems. He recommends a smaller sump that will collect only ground water. A catch basin and culvert will need be constructed to route this water to the canal, which will cover a distance of approximately 820 feet. An estimated cost for materials is $7,000. It is proposed that the materials be purchased and that City crews be scheduled to install the drainage system. The Council discussed the project and if City crews had the time available to complete the project. Gary estimated that the cost to hire a contractor to install the system is $25,000. MOTION. After further discussion and due to the fact that Nelson Construction is now on the job, Councilmember Piccolo moved that Nelson Construction be hired to install the drainage system, subject to finding the funds in the budget. Motion seconded by Councilmember Denison and carried.


32. CARBON COUNTY SCHOOL DISTRICT - Easement For Pump Station (Water Expansion Project)

Gary Sonntag presented an easement from the Carbon County School District for the Water System Expansion Pump Station. The easement is located south of the lower water tanks and north of Mont Harmon Jr. High baseball field. He requested permission to accept the easement. MOTION. Councilmember Denison moved that the easement be accepted and recorded at the County Recorder's office. Motion seconded by Councilmember Bringhurst and carried.

33. DRAFTING EQUIPMENT (PEN PLOTTER) - Equipment Declared

Surplus

MOTION. Councilmember Nikas moved that the Calcomp Artisan Plotter 1025 2 (Mechanical Drafting Machine #1606) be declared surplus property and sold by negotiation. Motion seconded by Councilmember Wheeler and carried.

34. LIBRARY ADA REMODELING (CDBG PROJECT) - Eaton Mahoney Associates - Change Order, Final Payment

Gary Sonntag presented a change order to the contract with Eaton Mahoney Associates on the Library ADA Remodeling project. The change order reduces the contract $51.05. Gary also presented a request for a final payment in the amount of $1,000. MOTION. Councilmember Wheeler moved that the change order and final payment be approved. Motion seconded by Councilmember Piccolo and carried.Staff is recommending a final payment in the amount of $1,000 to Eaton Mahoney Associates for architectural services for the Library ADA Remodeling project.

35. BUSINESS LICENSE APPLICATION - The Silver Coyote

The following business license application was received.

The Silver Coyote, 17 East Main, Gerald E. & Bette Faulconer-Partners, Retail Sales (53) Change of Ownership, $5 Transfer Fee

MOTION. Councilmember Bringhurst moved that the change in the business be approved. Motion seconded by Councilmember Denison and carried.

36. CLASS "C" ROAD IMPROVEMENTS & BULK MATERIALS, 1996/97 - Contracts Awarded

Councilmember Nikas reported that the contracts for the Class "C" Road Improvements & Bulk Materials for 1996/97 have been awarded to both Valley Asphalt and Eph Henrie Const. Valley Asphalt was awarded Parts A and B, and Eph Henrie was awarded Parts C and D.

Redevelopment Agency Minutes

Meeting adjourned at 8:10 p.m.