July 22, 1997, 5:30 p.m.
Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison
Vernon W. Jones (Adminis. Ass't.), Pat Larsen (Finance Director), Gary Sonntag (City Engineer), Nick Sampinos (City Attorney)
Excused: Mayor Lou Colosimo, Joanne Lessar (City Recorder)
Others Present: Linda Poloni, T. H. Poloni, Paul Washburn, Stefani Washburn
Councilmember Roy A. Nikas led the Pledge of Allegiance. Roll was called with the above members present.
1. MAYOR PROTEMPORE - Councilmember Roy A. Nikas
MOTION. Councilmember Piccolo moved that in the absence of Mayor Colosimo, that Councilmember Roy A. Nikas be appointed Mayor Protempore. Motion seconded by Councilmember Wheeler and carried.
2. MINUTES - June 25, 1997 - Struck
3. GEORGINA NOWAK - Use of Seat Belts - Struck
4. PURCHASE OF PLASMA CUTTER FOR SHOP DEPT. - Bidding Procedures Waived
Mayor Protem Nikas reported that Cobb Johnson is requesting permission to waive bidding procedures for the purchase of a plasma cutter for the Shop Dept. This item normally costs between $3,300 and $3,800. A local company has one on sale for $2,600. The Council questioned the use of this item and if it would be cost effective. MOTION. After discussion on the use of this item versus a torch, Councilmember Piccolo moved that bidding procedures be waived subject to review by himself and Councilmember Bringhurst. Motion seconded by Councilmember Denison and carried.
5. HOME OCCUPIED BUSINESS - Autographs, 139 South 300 West
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to James Clanton to operate a business (Autographs) at his residence located at 139 South 300 West. MOTION. Councilmember Piccolo moved that the business be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.
6. ELITE MORTGAGE, CASTLE VALLEY SERVICES - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits
Elite Mortgage - 23 South Carbon Avenue, Robert Barringer-Owner, Loan Consultant
Castle Valley Services - 140 North Cedar Hills Drive - Change of Use, convert clubhouse to office use.
MOTION. Councilmember Piccolo moved that the above requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Denison and carried.
7. DALE TERRY - 1290 East 300 North - Temporary Storage - Tabled
8. DAVID SHINER - Board of Adjustment Request (Storage Shed)
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the request of David Shiner, 37 East Hillcrest, to construct a 10' X 6' storage shed within his front yard setback and gave a favorable recommendation to the Board of Adjustments. MOTION. Councilmember Piccolo moved that the Council give a favorable recommendation to the Board of Adjustments. Motion seconded by Councilmember Denison and carried.
9. ELKRIDGE PLANNED UNIT DEVELOPMENT - Preliminary and Final Approval
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the Elkridge Planned Unit Development and gave a favorable recommendation subject to the following:
(1) City Attorney to review covenants, conditions and restrictions.
(2) Curb and gutter to be installed to storm drain area (300 West Street) during first phase of construction.
(3) A 6' concrete sidewalk to be installed along Fairgrounds Road.
(4) Water and sewer lines will be built to City specifications and dedicated to the City along with all necessary easements. The City will operate and maintain these lines.
(5) Completion of Development Agreement and Letter of Credit.
MOTION. Councilmember Piccolo moved that the Elkridge Planned Unit Development receive preliminary and final approval subject to the above stipulations. Motion seconded by Councilmember Bringhurst and carried.
10. LEZLIE ALLRED - Reassignment Approved
Mayor Protem Nikas stated that at the last meeting, it was reported that a full time Library Aid desired to return to her former part time position, and that a part time Library Aid indicated she would like to be considered for the full time position. A motion was made to follow normal procedures with the direction to review it with Nick Sampinos. Nick reported that he and Joanne Lessar reviewed the request. He felt that since this would be a reassignment of positions and people volunteering to take those positions, he didn't feel it was necessary to advertise inhouse or outhouse. Joanne was concerned that an opportunity was not being afforded for others who would be interested in that position. In his opinion, the Council within its discretion, can make those reassignments in view of the circumstances that have arisen within the library. The same work would be accomplished with people who are already trained and cross trained. He has no problem with the reassignment process. MOTION. Councilmember Wheeler moved that the reassignments be approved. The motion died due to lack of a second.
Councilmember Denison questioned the increase in hours that have been added in the Library over the past two years. He questioned if the same position could be accomplished with two part time employees as opposed to one full time employee. Councilmember Wheeler stated that after discussing and reviewing it with the Librarian, she agreed that a full time person was needed. There might be a possibility that a part time person may leave and that position not filled. Councilmember Piccolo questioned if there might be someone in another department that would be as qualified or more qualified that would be interested in the part time Library Aid position. MOTION. After further discussion on this situation, Councilmember Bringhurst moved that effective August 1st, that Lezlie Allred be reassigned from her permanent full time position as Head Library Aid to a part time Library Aid, and that the vacancy for the full time Head Library Aid be advertised inhouse. Motion seconded by Councilmember Piccolo and carried.
11. E. MICHELLE ROSE - Reassignment Denied
MOTION. Due to the action in Item #10, Councilmember Denison moved that the reassignment of E. Michelle Rose be denied. Motion seconded by Councilmember Bringhurst and carried.
12. KATHRYN TWEDDELL - New Hire Approved
Mayor Protem Nikas presented the following new hire:
Kathryn Tweddell - Police Dept., Substitute Crossing Guard, permanent/part time.
MOTION. Councilmember Piccolo moved that new hire be approved. Motion seconded by Councilmember Wheeler and carried.
13. JOANNE LESSAR, PAT LARSEN - Travel Approved
Mayor Protem Nikas presented the following travel requests:
Joanne Lessar, Pat Larsen - Utah Municipal Clerks' Association Academy, Weber State University, August 20-22, 1997.
MOTION. Councilmember Denison moved that the travel be approved. Motion seconded by Councilmember Bringhurst and carried.
14. TACO BELL - Development Agreement, Partial Release of Funds
Gary Sonntag reported that Dean Christensen, owner of the Price Taco Bell, has submitted a request for a partial release of 90% of funds in escrow for the Development Agreement. The project is complete and includes the street improvements. After evaluating the project, staff found that the sewer easement still needs to be completed. Therefore, it is recommending that approximately $15,116.00 be released. MOTION. Councilmember Piccolo moved that the partial release in the above amount be approved. Motion seconded by Councilmember Wheeler and carried.
15. MAIN STREET PROJECT - The Engineering Group - Partial Payment #7
Gary Sonntag reported that The Engineering Group has submitted a request for Partial Payment #7 in the amount of $31,424.39 for construction engineering work completed this period on the Main Street Project. This will be paid directly by the Utah Department of Transportation. MOTION. Councilmember Bringhurst moved that the payment be approved. Motion seconded by Councilmember Denison and carried.
16. WATER EXPANSION PROJECT (10 MILLION GALLON WATER TANK CONSTRUCTION) - Partial Payment #12, #13
Gary Sonntag reported that Build, Inc., contractor for the 10 million gallon water tank, has submitted two billings covering a period of July 1, 1996 to June 30, 1997. Invoice #12 included adjustments for materials on hand. The totals indicated that we had overpaid them by $80,969.00 at that point in the project. Therefore, no payment was made on Invoice #12. Additional time was given until sufficient additional work had been completed that exceeded the amount overpaid earlier. Invoice #13 has been received by the City in the amount of $222,327.80. He recommended that this be paid. This will leave a balance to completion of $27,000, which will be enough to cover the remaining work on the project. MOTION. Councilmember Piccolo moved that the payment be made. Motion seconded by Councilmember Bringhurst and carried.
17. RESOLUTION #97-21 - Lease/Purchase Agreement, First Security Bank (Lawn Mower)
Pat Larsen presented Resolution #97-21, authorizing a lease/purchase agreement in the amount of $16,747 with First Security Bank for the purchase of a lawn mower. MOTION. Councilmember Bringhurst moved that Resolution #97-21 be approved and that the Mayor and City Recorder be authorized to sign the resolution be approved. Motion seconded by Councilmember Denison and carried.
18. CERTIFIED TAX RATE - .002542
Pat Larsen reported that the State Legislature passed Bill 129, which allowed the County to put funds into an escrow and take it out of property values. This raised the certified tax rate and was no longer included in the valuation of all properties that taxes are figured on. The Legislature then decided to rescind Bill 129, which reduced the tax rate. The Certified Tax rate had to be refigured. Those rates that are contested will be included as they have in the past in all the valued property. Becuase of this action, the tax rate decreased slightly, from .002586 to .002542. It increased City revenues to $489,150, which is about $121 more. MOTION. Councilmember Wheeler moved that the new Certified Tax Rate of .002542 be approved. Motion seconded by Councilmember Piccolo and carried.
19. BUSINESS LICENSE APPLICATIONS
The following business license application was received:
Del Mar Cash Loans, 26 East Main, Edwin and Ruth Y. Laude-Partners, Lending Institution (61.4) $50 Half Year Fee
MOTION. Councilmember Piccolo moved that the business be approved. Motion seconded by Councilmember Wheeler and carried.
20. CRAIG DUNN - Request To Rent Office Space In Price Community Center - Denied
Vern Jones reported that Craig Dunn has requested permission to rent office space in the Price Community Center to conduct financial seminars. As the renters in the building are either governmental or quasi-governmental and non-profit, the Council questioned questioned if this person should be given permission to rent an office since it would be "for profit". MOTION. After further discussion concerning this item, Councilmember Bringhurst moved that permission be given to rent an office to Mr. Dunn at $7.00/square foot. Motion seconded by Councilmember Wheeler. The motion was defeated per the following vote.
Councilmember Bringhurst "aye"
Councilmember Wheeler "aye"
Councilmember Denison "naye"
Councilmember Piccolo "naye"
Mayor Protem Nikas stepped in to vote "naye" to break the tie.
Councilmember Piccolo recommended that a letter be written to Mr. Dunn informing him that Room 207 is available for his seminars until the Council determines the further rental of the Price Community Center.
21. MAIN STREET TREES - Discussion
Mayor Protem Nikas requested that the Council look at a tree on Main Street in front of the Silver Dollar. The tree is pushing up the sidewalk and is getting much bigger that the area allowed. A request was submitted earlier to remove this tree. He recommended that the Shade Tree Commission be made aware of this.
22. IMPACT FEES - Update
Mayor Protem Nikas reported that he attended the Public Hearing held by Price River Water Improvement District regarding impact fees. PRWID had an analysis conducted on impact fees for sewer and water. The issue brought out that it is absolutely necessary to separate connection fees versus any impact fees and to justify the impact fees. He recommended that the committee working on impact fees come back with guidelines in order to stay in line with the code. Nick Sampinos recommended inviting that same person who gave the presentation at the PRWID meeting to give a presentation at the next Council Meeting.
23. SEWER FEES - Update
Mayor Protem Nikas reported that current discussion with Price River Water Improvement District regarding sewer fees is to find out what it will cost to incorporate maintenance and operation with Wellington and Helper and come back to Price with a combined figure with everyone involved, not just Price City. Hopefully this combined effort would keep prices down. Earlier in the year, the Council discussed retaining $3.00/month per sewer connection from the bill paid to PRWID. This money would be used to maintain the sewer system. Pat Larsen asked direction whether to begin retaining this fee with the next bill? MOTION. After considerable discussion regarding this issue, Councilmember Piccolo moved that this item be tabled until October 1. Motion seconded by Councilmember Denison and carried.
MOTION. Councilmember Bringhurst moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Denison and carried.
Meeting adjourned at 7:45 p.m.
Reconvened at 8:25 p.m.
24. MAIN STREET PROJECT - Sidewalk Repair
In the Redevelopment Agency meeting held this same evening, the Boardmembers discussed the problem with the sidewalk between Carbon Avenue and 1st West. It was recommended that the Redevelopment Agency fund the cost of pavers being considered as an option to repair the entire sidewalk from Carbon Avenue to 2nd West. See Redevelopment Agency minutes dated July 22, 1997.
MOTION. Due to the action in the Redevelopment Agency meeting, Councilmember Bringhurst moved that the City quick fix the sidewalk between Carbon Avenue and 1st West where excessive heaving and pushing have occurred, and that Gary Sonntag be given the authority to do whatever is necessary to correct the sidewalk, and to make it as safe as reasonably possible. Motion seconded by Councilmember Denison and carried.
MOTION. Councilmember Bringhurst moved that a Change Order be prepared for the Main Street Project to delete the concrete in designated areas (sidewalk). Motion seconded by Councilmember Denison and carried.
MOTION. Councilmember Bringhurst moved that a committee consisting of Councilmember Nikas and Wheeler, Vern Jones, and a member from Community Progress, be formed to review the pavers and make a recommendation. Motion seconded by Piccolo and carried.
Meeting adjourned at 8:30 p.m.