Minutes 10/22/97

Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Stephen L. Denison

Vern Jones (Administrative Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Gary Sonntag (City Engineer), Nick Sampinos (City Attorney),

Others Present: Mary Irey, Stefano Loverso, Lynda Poloni, T. H. Poloni, Tom Alexander, Jennifer Thornberg

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

The following bids were received for the purchase of a truck for the Water Department.

MOTION. Councilmember Piccolo moved that a committee consisting of himself, Councilmember Nikas, Gary Sonntag, Pat Larsen, Vern Jones, Paul Wheeler, and Brian Allred, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Nikas and carried.

MOTION. Councilmember Nikas moved that the bid offer be rejected. Motion seconded by Councilmember Piccolo and carried.

Mayor Colosimo presented a letter from the Helper Projects Committee inviting the City to enter a float in the Electric Light Parade. MOTION. Councilmember Denison moved that a float be entered in the parade, with costs not to exceed $200 - $300. Motion seconded by Councilmember Wheeler and carried.

Mary Irey and Stefano Loverso, representing the Helper Intermountain Theater, requested a contribution for their Christmas production. Proceeds from this production will go towards the purchase of winter coats and shoes for needy children in Carbon County (Warm Kids Program). The item was tabled for further review.

MOTION. Councilmember Piccolo moved that an outside water connection be approved for Levi Oman, 710 South 299 East, and that if Mr. Oman does not have a share of Price River Water Users Association stock to turn over to the City, that a fee in the amount of $1,500 be assessed in lieu of the water share. Motion seconded by Councilmember Denison and carried.

8. HOME OCCUPIED BUSINESS - Nanny's Day Care, 39 East 200 North, C. Jane Rice-Owner

Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to C. Jane Rice, 39 East 200 North, to operate Nanny's Day Care at her residence subject to acquiring a State license. MOTION. Councilmember Piccolo moved that the business be approved contingent upon receipt of a State license and payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.

9. DINO SOURCE, INC., SOUTHEASTERN UTAH RADIOLOGY, P.C., SOUTHWEST SILKS - Conditional Use Permits

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

MOTION. Councilmember Piccolo moved that the requests be approved, that Conditional Use Permits be issued, and that the necessary business licenses be purchased. Motion seconded by Councilmember Nikas and carried.

For informational purposes, Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the Board of Adjustments for John and Wylma Temples, 640 East 800 North, for a variance to enclose a garage.

11. TRAVEL REQUEST - Mayor Colosimo, Aleck Shilaos - Utah Department of Public Safety Awards Banquet, November 14, Salt Lake

Mayor Colosimo recommended that he and Police Chief Shilaos be authorized to attend the Utah Department of Public Safety Awards Banquet in Salt Lake City on November 14th. Awards will be presented to those Police Officers and local residents who participated in a lifesaving rescue at Meads Wash during a flash flood. MOTION. Councilmember Piccolo moved that the travel be approved. Motion seconded by Councilmember Wheeler and carried.

MOTION. Councilmember Wheeler moved that Partial Payment #3 in the amount of $14,250 be paid to ACM L.T.D. for work completed to date on resealing the domes. Motion seconded by Councilmember Piccolo and carried.

Gary Sonntag reported that in reviewing the property and plat information on the Elk Ridge development, it appears that the subdivision boundaries overlap onto Price City property. Earlier in the project review, it was decided that the Fairgrounds Road right-of-way would be sixty (60) feet wide centered on the existing paved road. The Elk Ridge development then created a boundary description that tied to the west right-of-way line. The City's property goes further to the west beyond the right-of-way line. Consequently, the Elk Ridge development has overlapped onto the City property. Gary explained the reason for the overlap was that in 1987, the property where the development is going as well as the property on the other side of the road was owned by a group of people. It is unknown if there was ever a description for the road, other than it was a County road. At the time the property was sold to the City in 1987, a description was established that incorporated the road. When Mr. Poloni purchased the property, he acquired what was remaining and at the time, he did not have a specific description other than it was the entire parcel less what was purchased by the City. As stated above, it was determined that the Fairgrounds Road right-of-way would be sixty feet, 30 feet on both sides. A boundary description for the subdivision was created that matched the right-of-way description. As it turns out, the City's deeded property goes beyond that right-of-way. Gary asked if the property affected should be given or sold to T.H. Poloni, the owner of the Elk Ridge development? The Council questioned if the developer had given up any of his property for the roadway, and if so, if there was a possibility of a property trade? Gary indicated that the owner had not given up any of his property at this time. T. H. Poloni stated that a title company is handling this portion of his development. He has been told that he has given up some of his property, but he is not sure. The property in question is seven hundredths of an acre. The Council questioned if the property should be put up for bid. Nick Sampinos stated that if it is determined that the City has to sell the parcel of property to the developer, he doesn't feel there will be a problem, and that the requirements for the bid can be waived. He doesn't think anybody will contest the sale as the City has ample justification for their actions, such as (1) The City does not want to hold up a project previously approved; (2) there are no adjacent property owners affected; (3) Mr. Poloni is the only logical buyer or grantee of the property, as nobody will realistically buy a sliver of property right next to this development. He recommended that the sliver of property be conveyed to the developer by quit claim deed and that the City reserve the right to determine if there will be compensation received from the developer. MOTION. Councilmember Piccolo moved that the above recommendations of Mr. Sampinos be approved. Motion seconded by Councilmember Wheeler and carried.

Gary Sonntag reported that Clint Sanderson completed a Development Agreement and Letter of Credit in the amount of $17,571.00 for the required improvements to be installed in front of his project at 326 East 200 South. To date the improvements have not been started. The Letter of Credit expires on November 1st. Mr. Sanderson has been asked to extend the Letter of Credit, but has not done so to date. He requested permission to make a Demand on the Letter of Credit if it is not received. MOTION. Councilmember Denison moved that the request be granted. Motion seconded by Councilmember Nikas and carried.

Pat Larsen requested permission to delete the following funds which are no longer needed - Centennial Fund, Literacy, CDBG, CDBG Library Restrooms, Museum, Peace Garden, Utility Operating Fund, and the BTAC Renovation. MOTION. Councilmember Nikas moved that the request be granted. Motion seconded by Councilmember Piccolo and carried.

Joanne Lessar presented the following list of judges for the November 4, 1997 election and requested that they be approved.

South Price #18	Mona Lee Grundvig	Clyta Richens	Lela Thacker	Cleo Burgess (Alternate)
Central Price #31	Jeannine Campbell	Merlene Asay	Nina Hunt	Nola Vogrinec (Alternate)
Northeast Price #32	Lael Miller	Gloria T. Patterson	Maxine Bryner	Athlen Keller (Alternate)
North Price #33	Mary Worthen	Florence Sealey	Joanne Drysdale	Koreen Horrocks (Alternate)
Castle Heights #34	Lynette Potts	Joni Hackwell	Angela Hansen	Shirley Wood (Alternate)

MOTION. Councilmember Nikas moved that the judges of election be approved. Motion seconded by Councilmember Denison and carried.

MOTION. Councilmember Nikas moved that the fee for the Judges of Election be set at $60. Motion seconded by Councilmember Denison and carried.

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

Minutes of The Price City Council Meeting

City Hall: Price, Utah