Minutes of The Price City Council

City Hall: Price, Utah


November 13, 1996, 5:30 p.m.



Present:

Councilmembers:

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

Vernon W. Jones (Adminis. Ass't.), Gary Sonntag (City Engineer), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Aleck Shilaos (Chief of Police).

Absent and Excused:
Mayor Lou Colosimo, Cobb Johnson (Public Works Director)

Others Present:
Wade Hussey, Johny Hussey, Louis Riche, Greg Marsing, Mandee Krajnc, Michelle Leo, Melissa Johnson, Norm Boyd, Tawny Boyd

Members of Boy Scout Troops #284 and #298 led the Pledge of Allegiance. Roll was called with the above members in attendance.


1. MAYOR PROTEMPORE - Councilmember Roy A. Nikas

MOTION. Councilmember Denison moved that in the absence of Mayor Lou Colosimo, that Councilmember Roy A. Nikas be appointed Mayor Protempore. Motion seconded by Councilmember Wheeler and carried.

2. MINUTES - October 21, 1996

MOTION. Councilmember Denison moved that the minutes of the October 21, 1996 meeting be approved as written. Motion seconded by Councilmember Piccolo and carried.

3. MINUTES - October 23, 1996

The following correction was made to the minutes of October 23, 1996.

Item #4, Line 10 - The motion was made by Councilmember Piccolo.

MOTION. Councilmember Wheeler moved that upon the above correction that the minutes be approved. Motion seconded by Councilmember Piccolo and carried.

4. SMUIN, RICH, AND MARSING - Audit Report FY1995/96

Greg Marsing from Smuin, Rich, and Marsing, presented the annual audit report for FY1995/96. He explained the packet of statements pertaining to expenditures and revenues, and the financial statement. It is the opinion of the auditor that the accounting practices and the financial position of Price Municipal Corporation are in accordance with generally accepted accounting principles. The Council thanked Mr. Marsing for the work his firm does for the City.

5. NORMS BARBER SHOP - Request For One Hour Parking Sign


Norm Boyd, owner of Norms Barber Shop at 86 North 200 East, requested that a one hour parking sign be placed in front of two parking spaces in front of his business. He is losing customers because employees from another business park all day in these spaces. Many of his customers are disabled and it is easier for them to park close to his shop. He discussed this with the landlord and the owner of that business, but the owner refuses to do anything about it. MOTION. After discussion on possible solutions, Councilmember Piccolo moved that a letter be written to the landlord of the building asking him to take care of the situation, and that he respond in writing whether this has been taken care of. Motion seconded by Councilmember Wheeler and carried.


6. HELPER ELECTRIC LIGHT PARADE - Use of City Parking Lots For Shuttle Service


Margaret Marrelli, representing the Helper Electric Light Parade, has received clearance from the Carbon County School District for the use of their busses to shuttle Price residents to and from the parade on December 13th and 14th. Rick Krompel has agreed to let them use the old Safeway parking lot. Residents would leave their cars in the lot and board the bus to Helper. Mr. Krompel has requested a written statement insuring him that he would not be held liable for any problems should someone have an accident in his parking lot. Mrs. Lessar reported that the City's insurance has a blanket coverage that would cover this, but the City would need to act as a sponsor. MOTION. Councilmember Piccolo moved that this concept be supported and that instead of using the old Safeway parking lot, that the City's parking lots located adjacent to the CEU Museum and on North Carbon Avenue be used. Motion seconded by Councilmember Bringhurst and carried.

7. MIKE HARRISON - Request To Purchase/Lease City Property

Mike Harrison requested that the City consider leasing or selling to him property located at 3rd East and 5th North, which was formerly the outdoor swimming pool. He would like to construct a picnic area and eating facility where residents could go for lunch and socialize. Other options for this area would be miniature golf, roller blading, bicycle use, batting cages, etc. If the City chose not to sell or lease it, it could enter into a joint venture with the developer of the establishment. The Council expressed concern with safety and the increase in traffic that this would bring. Mixed emotions were expressed, with one of the Councilmembers feeling that since this area has always been part of Washington Park, it should remain a part of it. Another of the Council felt that something definitely should be developed on this corner, but is unsure what. It was noted that over the past several years, the Council has considered several projects for this area, either as recreation, benches, grassy area, etc., but due to budget constraints, the money was spent on other priorities. MOTION. Councilmember Piccolo moved that the request to either purchase or lease the above property be denied and that a committee be formed comprised of Councilmembers Bringhurst and Denison, Vern Jones, Michael Harrison, Pat Larsen, and Cobb Johnson, to look into other considerations aside from the sale of the property and report back to the Council. Motion seconded by Councilmember Denison and carried.

8. SUN ADVOCATE - Ad For Holiday Greetings


MOTION. Councilmember Wheeler moved that a 2" X 4" ad in the amount of $45.60 be purchased from the Sun Advocate for the holiday season edition. Motion seconded by Councilmember Piccolo and carried.

9. RESOLUTION #96-13 - Support For Price River Parkway

MOTION. Councilmember Bringhurst moved that Resolution #96-13, supporting the Price River Parkway, be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Denison and carried.

10. THANKSGIVING HOLIDAY, CITY OFFICES AND LIBRARY - Closure On November 29th and 30th

MOTION. Councilmember Wheeler moved that due to the Thanksgiving Holiday, that all City offices close on Friday, November 29th, and that the Library also close on Saturday, November 30th. Motion seconded by Councilmember Bringhurst and carried.

11. MAIN STREET TREES - Discussion

Councilmember Denison reported that he has received complaints from First Interstate Bank, Lee's Music, Cork's Club, and the Looking Glass, regarding the trees planted on the sidewalk along Main Street. The trees are expanding and obstructing business signs. They are requesting that the trees be removed and replaced with smaller trees. The Council discussed the cost to cut the concrete, remove the trees and replace them. It was recommended that this item be reviewed and placed on unfinished business for follow up.

12. LOUIS RICHE - Request To Repair Waterline

Louis Riche, representing a private water company on Slaugh Lane in Carbonville, requested that the City repair the waterline that serves approximately 15 homes in Carbonville, or permit them to connect to the District's line. He has only lived in the area for 14 months, but from discussion with neighbors, City crews have always repaired the leaks. However, the line is leaking and City crews have refused to fix it as it is a private waterline. Price City Water Improvement District will allow these homes to connect to their system as long as the City approves it. MOTION. Councilmember Piccolo moved that the residents of Slaugh Lane be permitted to connect to the District's waterline, that they submit a petition requesting this action, and that a letter be sent to PRWID approving these connections. Motion seconded by Councilmember Denison and carried.

13. PLANNING MEETING - Scheduled For November 25th

MOTION. Councilmember Bringhurst moved that a planning meeting be scheduled for Monday, November 25th, at 5:00 p.m. Motion seconded by Councilmember Wheeler and carried.

14. BOARDS AND TERMS OF OFFICE - Struck

15. M J TRUCKING, HAIR SALON - Home Occupied Businesses Approved

Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the following requests for home occupied businesses and gave a favorable recommendation.

M J Trucking, 254 North Carbon Avenue, Johnny Mahleres-Owner

Hair Salon, 974 North 200 East, Peggy Sue Whitehead-Owner

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

16. VISTA HOSPICE, RTA ENTERPRISES - Conditional Use Permits

Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the following requests for Conditional Use Permits.

Vista Hospice, 23 South Carbon Avenue, Sign

RTA Enterprises, 550 East Main, Auto Related Services

MOTION. Councilmember Piccolo moved that the requests be approved, that Conditional Use Permits be issued, and that RTA Enterprises obtain a business license. Motion seconded by Councilmember Denison and carried.

17. JANETTE CLARK - New Hire Approved

Mayor Protem Nikas recommended that Janette Clark be approved as a Library Aide, Perm/PT. MOTION. Councilmember Wheeler moved that the new hire be approved effective 11-18-96. Motion seconded by Councilmember Piccolo and carried.

18. LISA PETERSEN - New Hire Approved

Mayor Protem Nikas recommended that Lisa Petersen be approved as an Accounting Technician/Secretary, Perm/PT, effective 11-18-96. MOTION. Councilmember Wheeler moved that the new hire be approved. Motion seconded by Councilmember Denison and carried.

19. POLICE OFFICER - Permission To Proceed With Hiring Process

MOTION. Councilmember Piccolo moved that permission be given to proceed with the hiring process for a new police officer and that an interview committee be appointed consisting of Councilmembers Piccolo, Nikas, and Wheeler, Vern Jones, Joanne Lessar, Ed Shook, Mark Liddiard, Dave Cartwright, and two members of the community, Nancy Bentley and Jerry Fry, and that the interviews be held on Wednesday, November 20th, at 9:00 a.m. Motion seconded by Councilmember Wheeler and carried.

20. GIFT CERTIFICATES - Approved


MOTION Councilmember Piccolo moved that gift certificates be approved in the same denomination as last year, $50 for full time employees, $30 for part time employees, and $20 for board members. Motion seconded by Councilmember Denison and carried.

21. VERN JONES - Travel Approved

Mayor Protem Nikas recommended that Vern Jones be authorized to attend a UAMPS Legislative Briefing on November 21st, Provo, Utah. MOTION. Councilmember Piccolo moved that the travel be approved. Motion seconded by Councilmember Wheeler and carried.

Councilmember Wheeler was excused from the meeting.

22. VIOLENCE AGAINST WOMEN GRANT - Permission To Apply

MOTION. Councilmember Bringhurst moved that verbal approval to apply for a Violence Against Women Grant be ratified. Motion seconded by Councilmember Piccolo and carried.

23. CEU MUSEUM REROOFING - Hansen Roofing - Partial Payment

MOTION. Councilmember Piccolo moved that a partial payment in the amount of $17,370 be paid to Hansen Roofing to re-roof the CEU Museum. Motion seconded by Councilmember Bringhurst and carried.

24. FIRST WEST ALLEY - Right-of-Way and Title Search

Mayor Protem Nikas disclosed that his personal dwelling is located north of an alleyway running east and west at 280 North 100 West. Research is being conducted to determine if this alleyway is privately owned. Staff has had the understanding that the City owned it and have maintained it over past years. As this is the only access to property leading to 200 West, it would be beneficial if the City owned it. Records at the County Recorder's office show no ownership. Mr. Sampinos recommended that a title search be conducted. Councilmember Denison disclosed that he is an owner of a title agency, and questioned if it would be a conflict to vote, as he is unable to abstain due to the absence of Mayor Colosimo and Councilmember Wheeler. Mr. Sampinos recommended that this type of work be shared among the various title companies as has been done with appraisals. MOTION. Councilmember Piccolo moved that permission be given to conduct a title search of the alleyway and if necessary, a land survey. Motion seconded by Councilmember Bringhurst and carried.

25. RAILROAD PROPERTY - Termination of Lease

Nick Sampinos reported that for a number of years, the City has leased from the railroad, a piece of property located in Castle Gate. A small cedar block building owned by Price City is located on the property, which houses an automatic chlorine feeder previously used for the water system. As this system is no longer needed, it is recommended that the lease with the railroad be terminated. He requested permission to activate a 30 day termination notice. MOTION. Councilmember Bringhurst moved that the request be granted. Motion seconded by Councilmember Denison and carried. Mr. Jones stated that within a short time, the City will remove the building from the railroad property.

26. WATER SYSTEM EXPANSION PROJECT IV, PHASE II, PIPELINE AND PUMP STATION - Nelson Irrigation and Construction - Change Order #1


Gary Sonntag presented Change Order #1 to the contract with Nelson Irrigation and Construction for a separate drainage system to route surface waters down to the canal through a pipe, which is part of the Water System Expansion Project IV, Phase II, Pipeline and Pump Station. The change order increases the contract $21,678.56. MOTION. Councilmember Piccolo moved that the change order be approved. Motion seconded by Councilmember Bringhurst and carried.

27. WATER SYSTEM EXPANSION PROJECT IV, PHASE II, PIPELINE AND PUMP STATION - Nelson Irrigation and Construction - Partial Payment #4

Gary Sonntag presented a request for Partial Payment #4 in the amount of $157,259.08 from Nelson Irrigation and Construction for their contract on the Pipeline and Pump Station. Nelson Irrigation has also requested that the traditional retainage on the project be reduced from 10% to 5% for the primary contractor. Gary has reviewed this and felt it is in order, as the majority of their work is complete. MOTION. Councilmember Piccolo moved that Partial Payment #4 in the amount of $157,259.08 be paid to Nelson Irrigation and Construction for their contract on the Water System Expansion Project IV, Phase II, Pipeline and Pump Station, and that the retainage fee be reduced to 5%. Motion seconded by Councilmember Denison and carried.

28. 600 EAST EMERGENCY WATERLINE REPLACEMENT PROJECT - Nelson Irrigation and Construction - Partial Payment #1

MOTION. Councilmember Denison moved that Partial Payment #1 in the amount of $24,957.35 be paid to Nelson Construction for their contract on the 600 East Emergency Waterline Replacement project. Motion seconded by Councilmember Piccolo and carried.

29. ADA REMODEL TO PUBLIC LIBRARY (CDBG) - Kent Stilson Construction - Final Payment

MOTION. Councilmember Bringhurst moved that a final payment in the amount of $1,000 be paid to Kent Stilson Construction for their contract on the ADA Remodel to the library. Motion seconded by Councilmember Piccolo and carried.

30. CASTLEVIEW WELLNESS CLINIC - Partial Release of Letter of Credit

MOTION. Councilmember Bringhurst moved that the Letter of Credit in the amount of $30,705.00 be released to Columbia Castleview Hospital for the Castleview Wellness Clinic. Motion seconded by Councilmember Denison and carried. Gary Sonntag stated that a 10% retainage will be withheld for one year to guarantee performance of the improvements.

31. PRICE RIVER DRIVE BUSINESS PARK, PLATS A & B - Partial Release of Letter of Credit


MOTION. Councilmember Piccolo moved that a partial release of the Letter of Credit in the amount of $50,593.00 be released to G.S.A. Associates/Price II LLC. for the Price River Drive Business Park, Plats A & B. Motion seconded by Councilmember Denison and carried. Gary Sonntag reported that there is still some work left to do on this project, however, sufficient funds have been retained to insure their completion.
32. PRICE RIVER DRIVE BUSINESS PARK, PLATS A & B - Emergency Access Gate Location - Tabled

Gary Sonntag reported that Ray Morley of M13 Construction and Price II LLC. has made a verbal request to position an emergency access gate about mid-way through an alley leading to the Price River Drive Business Park. This gate was originally planned at the end of the alley. Mr. Morley has indicated that since the grade changes about halfway through the alley, it would not be practical to cause an emergency vehicle to traverse the steep cross slope against the north fence. Gary presented a sketch of the property indicating where Mr. Morley would like the gate constructed. The City's property for the alley would extend beyond the gate. Mr. Morley has stated he would slope the alley road after the gate down into their property so that an emergency vehicle could successfully enter the area. In addition to the gate, he is responsible for paving the alley. Mr. Morley has agreed to fence the project and install the gate at the same time. The Council discussed the location of the gate and the problems that it could create. MOTION. Councilmember Piccolo moved that the item be tabled and that a committee be appointed comprised of Councilmembers Nikas and Bringhurst, Vern Jones, Aleck Shilaos, Gary Sonntag, Kent Boyack, Cobb Johnson, and Dick Perea, to review the request and make a recommendation to the Council. Motion seconded by Councilmember Bringhurst and carried. The committee will review the project on site.

33. CHRISTMAS BOUTIQUES - Business License


Joanne Lessar asked direction from the Council regarding the amount of the license fee for Christmas boutiques. The Council directed that a half year fee be assessed.

34. BUSINESS LICENSE APPLICATIONS

The following business license applications were received:

A & M Specialties, 700 East Main, Alex Fenkhoorn-Owner, Reciprocal License, Retail Pictures/Rugs (59) $100

Mike's Kustom Paint & Body, 175 South Carbon Avenue, Michael Kouris-Owner, Auto Paint & Body Shop (75.4) $50 Half Year Fee

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

35. SHELDON HANSEN LETTER - Request To Pave Roadway Denied

The Council reviewed a proposed letter addressed to Sheldon Hansen regarding his request that Price City pave the roadway through his property from 1300 South Carbon Avenue to 100 East and to have the City accept, designate, and thereafter maintain that roadway as a public street. MOTION. Councilmember Piccolo moved that the letter be sent to Mr. Hansen and that a copy of the letter be attached to these minutes. Motion seconded by Councilmember Bringhurst and carried.

36. FAZZIO WATER COMPANY - Permission To Connect To District Waterline

Councilmember Piccolo reported that in an earlier meeting, a motion was passed to take over the Fazzio Water Company located in Carbonville. However, in view of a prior agreement with the District concerning outside water connections, and the responsibility to City residents, he recommended that the motion be rescinded. It is his recommendation that the City continue reading these meters until such time that Price River Water Improvement District can provide them water service. MOTION. Councilmember Piccolo moved that Fazzio Water Company be advised of the above action. Motion seconded by Councilmember Bringhurst and carried.

37. HOWARD BASSO - Permission To Connect To District Waterline

MOTION. Councilmember Piccolo moved that Howard Basso be notified that the City has given him permission to connect to the District's waterline as soon as they can provide him with service. Motion seconded by Councilmember Bringhurst and carried.

38. SALE OF GARBAGE TRUCK - Approved

Mayor Protem Nikas reported that one bid was received for the sale of the garbage truck. The committee assigned to review the bid approved the sale to Joe Martinez in the amount of $1,500.

39. CENTRAL SCHOOL BUILDING - Update

Vern Jones reported that the City has been placed on the agenda for the Carbon County School District meeting on November 20th to discuss use of the Central School building. Councilmember Bringhurst reported that John Serfustini informed him that there has been discussion of creating a Southeastern Utah Prehistoric Center, which would be a center for prehistoric studies in conjunction with classes at CEU and the museum. If the center is approved, a portion of the Central School building could be used for this purpose. Vern stated that Mr. Serfustini did call him and he discussed this with him.

40. FLEET POOL - Update


Pat Larsen reported that she talked to the State Auditor and he provided names of some of the cities that have implemented fleet pools. He indicated that there weren't many cities that have a fleet pool. She is waiting for a call back from Draper City.

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

Meeting adjourned at 8:15 p.m.

Reconvened at 8:17 p.m.

Redevelopment Agency Minutes

Meeting adjourned at 8:35 p.m.