November 12, 1997, 5:30 p.m.
Mayor Lou Colosimo
Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst
Vern Jones (Administrative Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (Public Works Dir/CE), Aleck Shilaos (Chief of Police)
Others Present: Jacob Dickey,
Justin Matheson, David Dickey, Kevin Ashby, Boyd Bell, Connie Johnson, Lianne
Johnson, Linda Johnson, Duane Johnson, Don Fullmer, Matt Fullmer, Clifford Gibson, Bill
Gibson, Annette Gibson, Joshua Gibson, Pam Moyes, Steve Moyes, Betty Ruden, Johnny
Downard, Melissa Baker, Rosemary Madsen, Mila Prazen Powell, Russ Madsen
Members of a local Boy Scout Troup led the Pledge of Allegiance. Mayor Colosimo called the roll with the above members present.
1. LIANNE JOHNSON, CLIFFORD GIBSON,
Councilmember Denison acknowledged the emergency actions performed by
Lifeguards Lianne Johnson, Clifford Gibson, and Jeremy Shorts, during a near drowning at
the wave pool on October 29th. Their actions saved the life of an eight year old boy.
Councilmember Denison presented each lifeguard with a certificate and a check in the
amount of $50. In the absence of Jeremy Shorts, the certificate and check was presented to
2. GARY SONNTAG - Sworn In As Public Works Director/City Engineer
Joanne Lessar conducted the swearing in of Gary Sonntag as Public Works Director/City Engineer effective November 1, 1997.
3. MINUTES - September 24, 1997, October 8, 1997
The minutes of September 24, 1997 were corrected as follows:
Item #8 - add that the scheduling of the multi-purpose room be done by City Staff.
MOTION. Upon the correction of the September 24th
minutes, Councilmember Piccolo moved that these minutes as well as the October 8th minutes
be approved. Motion seconded by Councilmember Wheeler and carried.
4. AL LATIMER - Unsafe Traffic Conditions At CEU Campus
Al Latimer, Price City resident, spoke about the unsafe traffic conditions around the College of Eastern Utah campus. Fourth North Street from 3rd East to the 4th East intersection is extremely dangerous. Motorists speed along this street, which are usually high school students on their lunch hour. During a ten minute period, he observed several college students trying to cross the intersection crosswalk, and not one vehicle yielding to the pedestrian. In addition, there are several jay walkers. He feels something needs to be done, such as signs advising motorists to yield or paint a warning on the street surface, or a traffic control light, which would allow pedestrians to cross. Mr. Latimer further stated that he contacted the Attorney General's Office concerning the responsibilities of the Campus Police and if they are able to patrol the streets adjacent to the college. Police Chief Shilaos stated that there is a standing committee involving CEU, Utah Department of Transportation, and Price City. They are trying to handle the problem around the college through engineering, enforcement and education. Because 4th North is their street, UDOT is the primary agency that does the engineering. However they like input from the college and the City. Education is the college's primary function, and traffic enforcement is Price City's primary function. This enforcement is done in conjunction with CEU police. The CEU police do write citations as they drive around and patrol. Last year along 4th North, there were 11 accidents, of which one was an injury. To date this year, there have been 5 accidents. He feels that the committee and some of the things that have been done has helped. Patrols have been significantly increased along 4th North. Last year on 3rd East there were 5 accidents, and to date there have been 3.
Mr. Latimer stated that he was told by the CEU Police that they are prohibited from patrolling the streets. He does not expect to see CEU Police cruising the neighborhoods, but feels it is a waste of resources not having them patrol the streets directly adjacent to the campus. He is glad the accidents are down. Councilmember Nikas stated that the information concerning 4th North will be taken back to the committee. At a recent committee meeting, the present primary concern was 3rd East. A new signal light is planned for installation at 4th North and 3rd East sometime next summer. The President of CEU has requested information through the Attorney General's office for clarification on what the difference is between CEU Police patrolling and running radar traps. He feels there is a lot of cooperation between the Campus Police and the Price City Police Dept.
5. AFFORDABLE HOMES DEVELOPMENT, L.L.C. - Proposal To Purchase City
Property - Rejected
Mayor Colosimo presented a proposal from Affordable Homes Development L.L.C. to purchase a parcel of property located on 2nd South between 5th and 6th East for the amount of $7,000. An alternate proposal was for $10,000 if the purchaser was able to split the property into two lots. Councilmember Nikas stated that he felt uncomfortable with the proposal on the single lot, and the confirmation to split it into two lots would have to be taken to the Board of Adjustments. The appraised price on the property was much higher. MOTION. Councilmember Nikas moved that the proposal be rejected. Motion seconded by Councilmember Piccolo and carried. Vern Jones stated that he found out through the Board of Adjustments that this particular lot cannot be split.
6. BOYD BELL - New Location of Youth In Custody
Boyd Bell, representing the Youth In Custody Program, reported that between 9 to 12 youths are being relocated from Durrant Elementary to 685 East 200 South (formerly Job Service). These students will attend the center daily from 8:30 a.m. to 3:00 p.m. for educational purposes. They are bussed by van and if they are from the detention center, security personnel bring them up and they stay with them during the entire time they are there. This is a temporary location until the local detention center is built, which is approximately 1 - 1/2 years away. The administrators plan to go door to door and inform the residents who these students are and why they are there. There are no felons that attend classes at this location. It was recommended that Mr. Bell contact Francis Duzenack, Zoning Administrator, to make sure there is not a zoning problem at this location. The Council thanked Mr. Bell for his information.
7. BIG DOGS CLUB - Request To Extend Business Hours - Committee
Rose Mary and Russ Madsen, owners of Big Dogs Club, requested permission to extend business hours to 3:00 a.m. in order to serve breakfast to customers. They would like to serve a breakfast buffet beginning at 12:00 midnight on Friday and Saturday nights. There would be no change to alcohol serving and there would be no further servings after 1:00 a.m. They have had several requests from customers, as there is no other place in town to eat after midnight. Police Chief Shilaos felt uncomfortable with the idea. He does not know how the cut off of liquor would be controlled if the business was allowed to remain open. He also questioned the number of individuals in town until 3:00 a.m. MOTION. After further discussion on the request, Councilmember Piccolo moved that a committee comprised of himself, Councilmember Bringhurst, Police Chief Shilaos, Nick Sampinos and two business owners, one serving liquor and one not serving liquor, be appointed to review the request. Motion seconded by Councilmember Denison and carried.
8. DAVID DICKEY - Main Street Trees
David Dickey, owner of Lee's Music, discussed the trees planted along Main Street. He stated that he has never seen the City look better. However, he had to have the tree in front of his business removed because it covered his business sign. He feels the tree should be replaced, but in a different spot with a different kind of tree. He gave examples of other cities that planted trees to dress up Main Street, and how well they turned out. He also gave examples of other cities that have lost their downtown area to malls. Price still has a viable downtown area and he wants to keep it that way. Mayor Colosimo thanked Mr. Dickey for his comments.
9. SUBDIVISION PAYBACK AGREEMENT - Committee Appointed
Councilmember Nikas presented a rough draft of a proposal for a subdivision payback agreement (electrical system) to be used as an incentive for those individuals interested in constructing subdivisions within City limits. Utah Power & Light Company has a similar program to encourage subdivisions to hook onto their power. Gary Kutkas, Electrical Dept., prepared the rough draft with some ideas he came up with. The Council indicated their interest in the proposal and recommended that this concept be reviewed further. MOTION. Councilmember Nikas moved that a committee consisting of himself, Councilmember Piccolo, Gary Kutkas, Gary Sonntag, and Vern Jones, be appointed to proceed with this concept and make a recommendation to the Council. Motion seconded by Councilmember Wheeler and carried.
10. HOME OCCUPIED BUSINESS - Nails By Marianne Shiner, 855 North Pinewood Circle
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Marianne Shiner to operate a fingernail business at her home located at 855 North Pinewood Circle. MOTION. Councilmember Piccolo moved that the business be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.
11. CELEBRATIONS - Temporary Use Permit Extended
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the temporary use permit for Celebrations, 60 East 100 North. Their permit required that pavement be constructed in the back of their building, which has not been done, and the permit has expired. The Commission gave a favorable recommendation to extend the temporary use permit another 8 months, due to the fact that they will be moving their store to another location. MOTION. Councilmember Piccolo moved that the temporary use permit be extended till July, 1998. Motion seconded by Councilmember Nikas and carried.
12. JO'S OLDIES N' GOODIES (JOLEEN COON) - Temporary Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the temporary use permit for Jo's Oldies N' Goodies, South Highway 55. Their permit required that curb, gutter, and sidewalk be installed, which has not been done, and the permit has expired. The structural part of the house has been greatly improved. The Commission gave a favorable recommendation to extend the temporary use permit another year, with the condition that they construct the curb, gutter, and sidewalk as agreed. MOTION. Councilmember Piccolo moved that the temporary use permit be extended for another 12 months. Motion seconded by Councilmember Wheeler and carried.
13. 2G CORPORATION - 300 North Cedar Hills Drive (East Side) -
Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for a Conditional Use Permit to the 2G Corporation to level a portion of their land (fill work and vegetation removal) located on Cedar Hills Drive to allow for commercial space. MOTION. Councilmember Piccolo moved that the request be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Denison and carried. Councilmember Nikas abstained from voting.
14. DSS EXPRESS, SOUTHWEST PLUMBING SUPPLY, PINNACLE GATE STATION - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the following requests for Conditional Use Permits and gave a favorable recommendation per the following contingencies.
DSS Express, 375 South Carbon Avenue (BTAC) - Edward Gilbert-Owner (Digital Satellite System Sales)
Southwest Plumbing Supply, 190 South 100 West - Garth Green-President (Wholesale Plumbing Supply) - Contingent upon placement of curb, gutter, and sidewalk within one year on the south side of the building to 2nd South and 2nd West and 60' north along 2nd West.
Pinnacle Gate Station, 150 North Hospital Drive - Signs
MOTION. Councilmember Piccolo moved that the above requests be approved and that Conditional Use Permits be issued per the above contingencies and with the purchase of business licenses. Motion seconded by Councilmember Wheeler and carried.
15. JUANITA RICHARD, FRANCIS DUZENACK, ROBERT BENNETT - Travel Approved
Juanita Richard, Desk Top Publishing Class, December 10, Salt Lake
Francis Duzenack, Robert Bennett, UAPMO Annual Conference, St.
George, November 18-22, 1997
MOTION. Councilmember Bringhurst moved that the travel be approved. Motion seconded by Councilmember Piccolo and carried.
16. RYAN HORSLEY, ADRIANNE MILLER - New Hires Approved
SHOP SUPERVISOR - Permission To Advertise
Mayor Colosimo presented the following new hires. In addition, the Personnel Dept. has requested permission to advertise for the Shop Supervisor position.
Ryan Horsley - Swimming Pool, Office Clerk, Perm/PT
Adrianne Miller - Library, Library Aide, Perm/PT
MOTION. Councilmember Piccolo moved that the new hires be
approved and that permission be given to advertise for the Shop Supervisor position.
Motion seconded by Councilmember Wheeler and carried.
17. CARBON CREDIT UNION - Letter of Understanding (Curb and Gutter)
Mayor Colosimo presented a draft of a letter to the Carbon Credit Union regarding the City's agreement to guarantee the placement of curb and gutter at a cost of $9,570. MOTION. Councilmember Piccolo moved that the letter be sent subject to review by Mr. Sampinos. Motion seconded by Councilmember Nikas and carried.
18. CHRISTMAS GIFT CERTIFICATES - Approved
MOTION. Councilmember Piccolo moved that the amount of the gift certificates remain the same as last year, $50 for full time employees, $30 for part time employees, and $20 for boardmembers. Motion seconded by Councilmember Denison and carried.
19. SAFETY SHOE POLICY - Increase In Allowance
Vern Jones reported that he has been approached by department supervisors recommending that the allowance to purchase safety shoes be increased from $75 to $100. The present allowance was set several years ago, but over the years, the cost of safety shoes has increased. MOTION. Councilmember Wheeler moved that the recommendation be approved and that a resolution be prepared to amend the fee. Motion seconded by Councilmember Piccolo and carried.
20. REGION 7 POLICE TRAINING - Request To Waive Rental Fees For Civic
Police Chief Shilaos requested permission to waive rental fees for the use of the Civic Auditorium between January 12-15, 1998, for Police Department training. MOTION. Councilmember Wheeler moved that the request be granted. Motion seconded by Councilmember Bringhurst and carried.
21. CARBON EMERY DRUG TASK FORCE - Permission To Enter Into Interlocal Agreement (Price City, Carbon County, Emery County) - Tabled
22. DIVERSITY - Review of Business License and Conditional Use Permit
Police Chief Shilaos presented a report regarding the operation of Diversity, a body piercing business located at 37 East Main. Eddie Horvath, owner of the business, has been selling drug paraphernalia and pornography, which are both violations of State law. Mr. Horvath has been referred to the County Attorney's office for prosecution on those charges. Mr. Sampinos recommended that the Council review the business license to determine if the license should be revoked. The business license ordinance requires a notice to the business owner that a hearing will be held. The Council discussed whether this item should be handled at a special meeting or a regular meeting. MOTION. Councilmember Piccolo moved that Mr. Horvath be invited to the next Council meeting to discuss the facts that Chief Shilaos has presented. Motion seconded by Councilmember Wheeler. The motion passed with the following vote.
Councilmember Piccolo "aye"
Councilmember Wheeler "aye"
Councilmember Nikas "aye"
Councilmember Denison "aye"
Councilmember Bringhurst "naye"
23. PUBLIC WORKS COMPLEX (RESEALING OF DOMES) - ACM L.T.D. - Partial Payment #4, Change Order
Gary Sonntag presented a change order to the contract with ACM L.T.D.
to reseal the domes (Public Works Complex). The change order increases the contract
$19,069.81, which covers additional coating material, labor to paint the canopies and foam
removal and replacement. Staff is also recommending a partial payment in the amount of
$14,250. MOTION. Councilmember Wheeler moved that the change order and
partial payment be approved. Motion seconded by Councilmember Denison and carried.
24. CLASS `C' ROAD IMPROVEMENT PROJECT 1997, #2C-97 - Valley Asphalt - Partial Payment #1, Change Order #1
Gary Sonntag presented a change order to the contract with Valley Asphalt for the Class `C' Road Improvement Project. The change order increases the contract $9,897.37 to cover as-built quantities. Staff is also recommending a final payment in the amount of $266,743.35 for maintenance overlays (Schedule `A') and Main Street surface course and gravel (Schedule `B'). Schedules `E' and `F' have not been completed. MOTION. Councilmember Nikas moved that the change order and final payment for Schedules A and B be approved. Motion seconded by Councilmember Bringhurst and carried.
25. 800 NORTH STORM DRAINAGE PROJECT, #4S-97 - Johansen & Tuttle Engineering - Partial Payment #3, Change Order #1
Gary Sonntag presented a change order to the contract with Johansen & Tuttle Engineering for the 800 North Storm Drain project. The change order increases the contract $2,500 to cover the additional design work to include the drainage pipeline on Cedar Hills Drive. Staff is also recommending a partial payment in the amount of $3,500. MOTION. Councilmember Piccolo moved that the change order and partial payment be approved. Motion seconded by Councilmember Wheeler and carried.
26. MAIN STREET PROJECT, UDOT STP-1342(1)0, #16S-94 - The Engineering Group - Final Payment
MOTION. Councilmember Nikas moved that a final payment in the amount of $3,682.66 be paid to The Engineering Group for their contract on the Main Street Project. Motion seconded by Councilmember Denison and carried. Councilmember Nikas stated that he received several comments from the businessmen in the area of how well The Engineering Group dealt with public relations, particularly ACE. He recommended that a letter be sent to them commenting on their services.
27. CALDER'S GAS AND GO (102 WEST 100 NORTH) - Street Improvements - Partial Release #1 of Letter of Credit
Gary Sonntag reported that Calder's Gas and Go recently completed their required work to install the street improvements on the east side of 200 West adjacent to their project. They have asked that their Letter of Credit be released. The Development Agreement allows them to receive a 90% release with 10% held for one year. They are, therefore, eligible for a release of $13,588.00. MOTION. Councilmember Bringhurst moved that the release of the above amount be approved. Motion seconded by Councilmember Denison and carried.
28. WATER SYSTEM EXPANSION PROJECT IV, PHASE II, PUMP STATION AND PIPELINE, #16C-95 - Nelson Irrigation and Construction - Partial Payment #6, Change Order #2
Gary Sonntag presented a change order to the contract with Nelson Irrigation and Construction for the Water System Expansion Project IV, Phase II, Pump Station and Pipeline. The change order adjusts the contract amount by an increase of $19,523.40 for additional work and a decrease of $34,300.20 in the base bid amount for work not required. They also have submitted a final billing in the amount of $150,945.43. Due to the complexity of the project and a desire to make sure all of the necessary items have been covered, staff is recommending that only a partial payment be approved at this time in the amount of $104,122.17, withholding a 5% retainage of $46,823.26. Gary stated that he received information that the sub-contractors are not being paid. He recommended that the check not only be made to the prime contractor, but also to one of the major sub-contractors. The Council discussed several ways to handle the situation, one being that lien waivers be received from each sub-contractor. MOTION. Councilmember Piccolo moved that full payment ($150,945.43) be made to Nelson Irrigation subject to them providing lien waivers from all sub-contractors and suppliers that contributed to the project and that all change orders and any other items are complete. Motion seconded by Councilmember Denison and carried. Councilmember Piccolo complimented and thanked Gary for his diligence and hard work on this project.
29. CAVE HOLLOW SUBDIVISION (1100 NORTH 200 EAST) - Partial Release #1
of Letter of Credit
Gary Sonntag reported that Smith Byrd Associates have made payment to the City in the amount of $9,256 for the installation of the subdivision electrical system. Consequently, they are eligible for a partial release of their Letter of Credit in that amount. MOTION. Councilmember Nikas moved that the partial release of the Letter of Credit be approved. Motion seconded by Councilmember Denison and carried.
30. HELPER INTERMOUNTAIN THEATER - Contribution Approved
MOTION. Councilmember Bringhurst moved that $250 be contributed to the Helper Intermountain Theater for their Christmas production, of which funds will be used to purchase winter coats for the needy. Motion seconded by Councilmember Denison and carried.
31. WATER TRUCK - Contract Awarded
Councilmember Piccolo reported that the committee assigned to review the bids received for the water truck has awarded the contract to Community Motors, the low bidder.
Meeting adjourned at 8:13 p.m.