Minutes of The Price City Council Meeting
City Hall: Price, Utah

October 27, 1999, 5:30 p.m.



Present:
Councilmembers:
Roy A. Nikas
Betty P. Wheeler
Joe L. Piccolo
Stephen L. Denison
Richard Tatton
Staff:
Joanne Lessar, City Recorder
Pat Larsen, Finance Director
Nick Sampinos, City Attorney
Gary Sonntag, PWD/City Engineer
Keith Wight, Human Resource Dir.
Excused:
Mayor Lou Colosimo
Vern Jones, Community Administrator
Others Present:
Kent Boyack
Patti Pierce
Ray Child
Keith Garner
 
 
Francis Duzenack
Cherill Marx
Michael Burke
 
 
Robert Potts
Greg Killpack
Elizabeth Dixon

Members of Boy Scout Troops #281 and #997 led the Pledge of Allegiance. Councilmember Nikas called the roll with the above members in attendance.


  1. MAYOR PROTEMPORE - Councilmember Roy A. Nikas

MOTION. Councilmember Tatton moved that in the absence of Mayor Colosimo, that Councilmember Roy A. Nikas be appointed Mayor Protempore. Motion seconded by Councilmeber Piccolo and carried.

PUBLIC HEARING - Community Development Block Grant Project For Year 2000/2001 Committee Appointed

Mayor Protem Nikas opened the Public Hearing at 5:32 p.m. to receive input on potential projects for the Community Development Block Grant project for the Year 2000/2001. Mayor Protem Nikas reported that the Carbon County Housing Authority has requested two projects for consideration. The first one is to finish the sidewalk at the top of 1600 East and 3rd South. The second project is to finish curb, gutter, and sidewalk on the side street that is the entrance into Hillside Villa which would connect to Cedar Hills Drive. Gary Sonntag suggested adding to the current CDBG project in order to complete the curb, gutter, and sidewalk on the east side of the road along Highway 55 between 300 South and Airport Road. Another would be to extend curb, gutter and sidewalk on the east side of Highway 55 from the Super Wash to Fausett Lane or the east interchange. A third project would be to replace the sidewalk around the old Reeves School Building (BTAC) as well as installing sidewalk at the South Side Park. a well as other areas along 4th South.

James Hansen, 451 Rose Avenue - Suggested installing a sidewalk on 1st East near the railroad track. There being no further comments, Mayor Protem Nikas closed the hearing at 5:37 p.m. MOTION. Councilmember Tatton moved that a committee, consisting of Councilmembers Nikas and Piccolo, Jerry Wright, Gary Sonntag, Vern Jones, and Pat Larsen, be appointed to review the recommended projects and report back to the Council. Motion seconded by Councilmember Denison and carried.

Meeting adjourned at 5:38 p.m.

  1. COUNCILMEMBER JOE A. PICCOLO - Award

Councilmember Tatton, acting as a citizen, congratulated Councilmember Piccolo for being selected to receive an award for his participation in a program that gives jobs to disadvantaged individuals. Mayor Protem Nikas and the Council congratulated Councilmember Piccolo. Michael Burke stated that he has a son who is handicapped and commended Councilmember Piccolo.

  1. MINUTES - October 13, 1999

The following correction was made to the minutes of October 13, 1999

Item #11 - Change the wording of ' no more than 12 cars be parked on or around his property' to ' no more than 12 cars parked on or in front of his property'.

MOTION. Councilmember Piccolo moved that per the above change, that the minutes be approved. Motion seconded by Councilmember Wheeler and carried.

  1. MINUTES - October 19, 1999

MOTION. Councilmember Denison moved that the minutes of the October 19, 1999 meeting be approved as written. Motion seconded by Councilmember Tatton and carried.

  1. RESOLUTION #99-22 - Budget Revision FY1999/2000

Mayor Protem Nikas opened the Public Hearing at 5:41 p.m. to receive comments on the proposed budget revision for FY1999/2000. In the absence of the Finance Director, Joanne Lessar reported that the budget has been revised to reflect an increase of $15,000 to provide for the transition from Caselle to Windows and to place funds in the budget for the CDBG project. There being no further comments, Mayor Protem Nikas closed the hearing at 5:43 p.m. MOTION. Councilmember Piccolo moved that Resolution #99-22, adopting the revised budget for FY1999/2000 be adopted and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.

  1. US WEST/EMERY TELEPHONE - Update On Sale of US West

Ray Child, Public Relations Director for US West, discussed the sale of their telephone exchange to Emery Telephone. US West selected Emery Telephone because they are highly qualified to provide telephone service and have a lot of expertise. This sale is in the process of being submitted to the Public Service Commission and the FCC to review and ultimately approve it. He expects this process to take 10 to 15 months. US West Dex will continue to publish the directory to serve the local exchange. Greg Killpack, General Manager of Emery Telephone, stated that his company is excited to be in Carbon County. They have been in business for 50 years and provide excellent telecommunications service. They are very much involved with their citizens and school districts. They will either build a new customer service center or remodel the existing US West building in Price. All current US West contracts will be honored by Emery Telephone to be renegotiated at the end of the contract period. They will be operating under the name of Carbon/Emery Tel Com. As a citizen and businessman, Councilmember Piccolo applauded Mr. Killpack for stepping up to this challenge and welcomed him to Price City and Carbon County.. Mayor Protem Nikas stated that the City appreciates everything US West has done over the past years and look forward to the new relationship with Emery Telephone.

  1. CHERRILL MARX - Request To Adjust Utility Bill - Denied

Cherrilll Marx asked the Council to allow her to continue being serviced by electricity, but that the water, sewer, and garbage fees be discontinued at a home she is trying to sale. She has built a new home and is in the process of selling her old home. Her realtor claims that since the house is old, the walls will crack, the paint will peal, and the cupboards will warp if the heat is shut off. The Council informed Ms. Marx that the City adopted an ordinance to either continue all services or shut off everything. This ordinance took place a few years ago when residents would leave for the winter and return for the summer. The City had no way of knowing when the resident returned and was using those services. The Council informed Ms. Marx that they could not go against their ordinance, and would, therefore, have to deny her request. However, the Council did state that after her house has been sold, that she could come back and ask for some type of reduction for past utilities.

  1. JAMES HANSEN - Utility Line and Pole

James Hansen, 451 Rose Avenue, requested that a power line be removed at his residence. Mayor Protem Nikas stated that staff has researched this and found that UP&L maintenance crews were called to trim the trees as the power lines were burning the tree, causing a public safety concern. The City has a contract with UP&L for tree trimming. Mr. Hansen stated that there is not an easement for the power line, and he has a safety concern because there is only one guy wire securing the pole. The crew that came to repair the line broke his sidewalk and fence and they never came back to repair it. Mayor Protem Nikas stated that City staff will get with UP&L and find out what has happened and they will get back with Mr. Hansen. The easement, however, is a different matter. Nick Sampinos stated that in his research, when a power line has been in existence for a period of 20 years or more, with or without an easement, there is an easement known as an 'easement by prescription'. This concept is followed under Utah law. Several power lines are located throughout the City and even though there is not a recorded easement, the City feels they have a right for these poles to be there to provide power throughout the neighborhoods. Councilmember Piccolo stated that this matter may take a few weeks to resolve and asked Mr. Hansen to have a little patience and allow the City to address his concerns. Mr. Hansen agreed. Mayor Protem Nikas stated that the City will contact UP&L about the guy wire.

  1. MICHAEL BURKE - Complaint On Neighbors

Michael Burke, 244 South 1st West, complained about his neighbor. Mr. Burke claims that his neighbor has been doing auto body work, mechanical, and paint work, and does not have a business license. Francis Duzenack, Building Inspector, stated that Mr. Burke talked to him about his neighbor several months ago. Francis stated he talked to the neighbor and the neighbor indicated he was not doing business, that he was working on his own vehicles and for family members. Until this can be proven otherwise, there is nothing he can do. Mr. Burke claims that items have been stolen from his truck and loud parties have been held. The Council recommended that Mr. Burke contact the Police Department regarding the theft and loud parties. Nick Sampinos stated that in a conversation with Police Chief Aleck Shilaos earlier today, the Chief assured him that based on a previous investigation, that no crimes have been committed and he is not aware of any that are under investigation and no one is being prosecuted. Nick recommended that Chief Shilaos review this again and report back to the Council. With respect to the allegation of nuisance, the Building Department can look at that aspect again and make sure there isn't anything that has been missed.

  1. CARBON COUNTY ANIMAL CONTROL - Fee Adjustment - Council Approval

Patty Pierce from the Carbon County Animal Control asked the Council to consider adjusting their dog license fees to coincide with Carbon County's fees. Effective January 1, 2000, Carbon County is raising their fees for non-spayed and non-neutered dogs from $12.00 to $25.00. The fee for spayed and neutered animals is being reduced from $6.00 to $5.00. The reason for this increase is to try and reduce the number of animals that are being euthanized. Ms. Pierce presented a statistical report from January through June. During that period, her department has had to euthanize a total of 406 dogs, half of those have been puppies. The more animals euthanized, the more it will cost tax payers. MOTION. Councilmember Tatton moved that Price City support this request and directed Mr. Sampinos to prepare a resolution effective January 1, 2000 to increase dog license fees to coincide with Carbon County's fees. Motion seconded by Councilmember Denison and carried.

  1. CASTLE VALLEY VETERINARY CLINIC - Rabies Clinic

MOTION. Councilmember Wheeler moved that the Castle Valley Veterinary Clinic receive permission to hold a Rabies Clinic at the Fire Station on Saturday, January 8, 2000. Motion seconded by Councilmember Piccolo and carried.

  1. CARBON COUNTY - Request To Waive Building Permit Fees

MOTION. Councilmember Denison moved that building permit fees be waived for Carbon County to complete handicap access in the courthouse and associated structures. Motion seconded by Councilmember Tatton and carried.

  1. PARKING LOT - Northeast Corner of Washington Park

Councilmember Tatton reported that a committee meeting has been held regarding use of the vacant lot located on the corner of 3rd East and 5th North. It was the consensus of the committee that the lot be used for parking with some shrubbery and recreational improvements. MOTION. Councilmember Tatton moved that as a capital project, that the property be converted into a parking lot with some shrubbery and that up to 50% be set aside for future recreational improvements. Motion seconded by Councilmember Piccolo and carried. The item will be placed on the Planning and Zoning Commission agenda for approval. The Council discussed involving the College of Eastern Utah and asking for participation, such as additional recreational areas that the college could participate in, in lieu of this parking area. Councilmember Tatton will inform the college of the City's plans and ask for participation.

  1. KDM SALES & DESIGN, IN YOUR PLACE PROPERTY MAINTENANCE - Home Occupied Businesses Approved

Councilmember Piccolo reported that the Planning and Zoning

Commission gave a favorable recommendation to the following home occupied businesses.

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

  1. MARKET EXPRESS/CHEVRON - Subdivision of Property For Additional Sign, Conditional Use Permit

Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Market Express/Chevron to subdivide their car wash property and Market Express and to place an additional sign on the car wash site. MOTION. Councilmember Piccolo moved that the subdivision and sign be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Denison and carried.

  1. KEVIN MELE, JULIE ORI, FRANCIS DUZENACK - Travel Approved
Mayor Protem Nikas presented the following travel requests:

MOTION. Councilmember Denison moved that the travel be approved. Motion seconded by Councilmember Tatton and carried. Mayor Protem Nikas congratulated Francis Duzenack on being elected as President of UAPMO. He recommended that Francis be sure to let the State know what rural Utah needs in Planning and Zoning and building permit codes. Francis stated that his term as President will be for a two year period. Because of this assignment, he will be required to travel to more functions. The UAPMO Association will participate in the costs of this travel.

  1. FIRE DEPARTMENT - Permission To Advertise For Additional Fireman

Fire Chief Kent Boyack discussed hiring six additional Volunteer Fireman without benefits. At the present time, there are only 19 people on the Fire Department. When he took over 12 years ago, there were 25. Out of those 19, one is on an administrative leave and two are ill. After discussion on this item, it was recommended that a resolution be prepared indicating that future Volunteer Firemen will be hired without benefits and that they be required to sign a waiver of benefits. MOTION. Councilmember Denison moved that permission be given to advertise for additional Volunteer Firemen and that Mr. Sampinos be directed to prepare the necessary resolution. Motion seconded by Councilmember Piccolo and carried.

  1. COMPUTERS AND RELATED EQUIPMENT - Permission To Declare Surplus and Advertise For Sale

Robert Potts presented a list of computers and related equipment and requested that they be declared surplus and advertised for sale on Thursday, November 18th. MOTION. Councilmember Piccolo moved that the request be granted. Motion seconded by Councilmember Wheeler and carried.

  1. CARBON METRO TASK FORCE - Purchase of A.I.D. Audio Intelligence Device Transmitter and Receiver

Mayor Protem Nikas reported that the Carbon Metro Task Force is requesting permission to purchase an A.I.D. Audio Intelligence Device Transmitter and Receiver at a cost of $6,000. Funding for this item will be from a grant plus the Task Force's restitution fund. MOTION. Councilmember Piccolo moved that the request be granted. Motion seconded by Councilmember Denison and carried.

  1. CLASS 'C' ROAD STRIPING - Flasher Contract, Inc., dba Done Rite Striping - Change Order, Final Payment

Gary Sonntag reported that Done Rite Striping has completed all of the required Class 'C' Road Striping, plus repainting areas that needed additional coating. They have submitted a request for payment in the amount of $8,347.28 less the repainting footage for a total of $8,151.92. This is an increase of $551.92 over the contract amount. A consent of surety has been received. He recommended that the Change Order and final payment be approved subject to receiving a lien waiver. MOTION. Councilmember Denison moved that the change order and final payment be approved per the above stipulation. Motion seconded by Councilmember Wheeler and carried.

  1. SWIMMING/WAVE POOL REPAIRS (PLASTER AND TILE) - Review And Award of Contract

Gary Sonntag reported that the following two companies submitted quotations to plaster and repair the tile and diving platform at the swimming/wave pool.

Company

Tile & Plaster 

Diving Platform

CEM Sales & Service

$ 4,250          

$ 0                

Johansen's Swim-Pool Plastering, Inc. 

$ 6,977          

$ 5,588         

Gary stated that Johansen's spent the most time evaluating the pool repair work and demonstrated the greatest knowledge of what needed to be done. They would be able to complete all of the work needed in repairing the tile, plaster and diving platforms. He recommended that Johansen's be awarded the contract. MOTION. Councilmember Wheeler moved that Johansen's be awarded the contract. Motion seconded by Councilmember Piccolo and carried.

  1. CDBG 1999 ROAD CONSTRUCTION, #2C-99 - Minchey Digging - Final Payment

Gary Sonntag reported that Minchey Digging has submitted a request for a final payment in the amount of $4,318.03. He recommended approved subject to receiving consent of surety, lien waivers and payroll reporting corrections. MOTION. Councilmember Denison moved that the final payment be made per the above stipulations. Motion seconded by Councilmember Tatton and carried.

  1. CLASS 'C' ROADS 8C-99, SCHEDULE A & B - Valley Asphalt, Inc. - Change Order, Partial Payment

Gary Sonntag reported that Valley Asphalt, Inc., has submitted a partial payment request in the amount of $60,697.07 for their contract on the Class 'C' Roads, Schedules A and B. They have completed all of the required work on Schedule 'A' to overlay 800 North Street. Due to a very irregular existing pavement surface which caused additional leveling material to be used, they exceeded the planned tonnage by 367 tons. This increased the contract $12,606.45. Gary recommended that the change order and partial payment be approved less 5% retainage for a total of $57,662.22.

Valley Asphalt also completed Schedule 'B' to reconstruct three cul-de-sacs, including Essex Circle, which was not planned for, but was added in. This increased the contract by $5,827.90 for a total of $25,147.90. He recommended that the change order and partial payment be approved, less a 5% retainage, for a total of $22,633.11. MOTION. Councilmember Denison moved that the change orders and partial payments be approved. Motion seconded by Councilmember Tatton and carried.

  1. SURPLUS WATER TANKS (Three Quarter and 1 Million Gallon) - Permission To Sell

Gary Sonntag reported that the new 10 million gallon water tank is now supplying culinary water to a large portion of the City residents and businesses that were previously served by the old 3/4, 1 and 1 million gallon steel water tanks. The 1 million gallon water tank was built in 1958 (42 years old), the 1 million gallon water tank was built in 1971 (28 years old) and the 3/4 million gallon water tank (middle tank) was built in 1938 (61 years old). One of the objectives of building the 10 million gallon concrete water tank was to reduce the number of tanks and reduce the expense of maintaining the existing steel tanks. Consequently, the three older steel tanks were discontinued, drained and disconnected from the water system. Each of the older tanks are not built to today's standards. Gary presented videos of the three tanks indicating the wear and deterioration. As there does not appear to be any reasonable use for the tanks, he recommended that the three older steel water tanks be declared surplus and sold, dismantled and removed from the site. The Council questioned if all 3 tanks should be declared surplus and if the larger one should be retained for emergency uses or for future uses in a secondary system. MOTION. Councilmember Denison moved that the 3/4 and 1 million gallon tanks be declared surplus and advertised for sale and that the 1 million gallon tank be retained. Motion seconded by Councilmember Tatton and carried.

  1. CEDAR HILLS DRIVE RECONSTRUCTION - Engineering Services

Gary Sonntag requested permission to negotiate engineering consulting services with Johansen & Tuttle Engineering, Castle Dale, Utah, for design and reconstruction of Cedar Hills Drive. MOTION. Councilmember Piccolo moved that the request be granted. Motion seconded by Councilmember Wheeler and carried.

  1. JUDGES OF ELECTION

Joanne Lessar presented the following list of judges for the November 2, 1999 election and recommended that they be approved.

East Price, #17

South Price, #18

Castle Heights North #30

Central Price, #31 - City Hall

Northeast Price, #32

North Price, #33

Castle Heights #34

MOTION. Councilmember Denison moved that the Judges of Election be approved. Motion seconded by Councilmember Piccolo and carried.

  1. RESOLUTION #99-21 - Lease/Purchase Agreement (Dump Truck, Police Car)

Pat Larsen presented Resolution #99-21, authorizing the Lease/Purchase Agreement with First Security Bank for the purchase of a dump truck and new Police car. MOTION. Councilmember Tatton moved that Resolution #99-21 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Denison and carried.

  1. ROBERT BENNET - Wage Adjustment

MOTION. Councilmember Denison moved that Robert Bennett receive a wage adjustment in the amount of $.50/hour for his last and final certification as a Building Inspector effective October 1, 1999.. Motion seconded by Councilmember Piccolo and carried.

  1. SWIMMING POOL PROGRAM DIRECTOR - Permission To Advertise For Permanent Part Time Position
MOTION. Councilmember Wheeler moved that permission be given to advertise for a permanent part time position as Swimming Pool Program Director. Motion seconded by Councilmember Denison and carried.
  1. PAUL WHEELER - Retirement

MOTION. Councilmember Piccolo moved that the retirement of Paul Wheeler be accepted effective October 31, 1999. Motion seconded by Councilmember Denison and carried.

  1. WATER/SEWER DEPARTMENT SUPERVISOR - Interview Committee Appointed

MOTION. Councilmember Denison moved that an interview committee, consisting of himself, Councilmember Piccolo, Gary Sonntag, and Keith Wight, be appointed to review the application received for the Water/Sewer Department Supervisor and report back to the Council. Further, that if the committee feels that this position needs to be advertised further, that it be authorized to do so. Motion seconded by Councilmember Piccolo and carried.

  1. FREELANCE PROPERTIES - Separate Water Meters - Update

Councilmember Piccolo reported that research has indicated that the best way to access the street to construct a waterline for the Freelance Properties owned by Jim Pulli and Ron Wadsworth would be up 7th East on the east side. This would be closer than going through 6th East.

MOTION. Councilmember Denison moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Wheeler and carried.

Meeting adjourned at 8:35 p.m.

Redevelopment Agency Meeting Minutes

Reconvened at 8:37 p.m.

  1. EXECUTIVE SESSION - Personnel Issue

MOTION. Councilmember Denison moved that the meeting adjourn and that an Executive Session convene to discuss a personnel issue. Motion seconded by Councilmember Piccolo and carried.

Meeting adjourned at 8:55 p.m.

MOTION. Councilmember Tatton moved that the Executive Session adjourn and that the Council Meeting reconvene. Motion seconded by Councilmember Denison and carried.

Meeting reconvened at 9:05 p.m.

  1. HEATHER WICHMANN - Wage Adjustment - Tabled

MOTION. Councilmember Tatton moved that the wage adjustment for Heather Wichmann be tabled until it has been determined if the adjustment was included in the budget for FY1999/2000. Motion seconded by Councilmember Piccolo and carried.

Meeting adjourned at 9:10 p.m.