Minutes of The Price City Council Meeting

City Hall: Price, Utah

April 11, 2001, 5:30 p.m.


Present:

Councilmembers: Vernon W. Jones, Community Administrator

Roy A. Nikas Joanne Lessar, City Recorder

Betty P. Wheeler Nick Sampinos, City Attorney

Joe L. Piccolo Gary Sonntag, PWD/City Engineer

Stephen L. Denison Keith Wight, Human Resource Director

Richard Tatton Aleck Shilaos, Chief of Police

 

Excused: Mayor Lou Colosimo, Pat Larsen, Finance Director


Others Present:

Sherrie Vlamakis Madelaine Nyffeler James Jensen Scott Jensen

Mike Neer Stuart Nylander Michael Burrows Avis Burrows

Margaret Wells Ketton Wells Jordan Sonntag Troy Olson

Annette Beckman Monseis S. Gonzales Alan Majors Jacki Majors

Tom Anderson Shane Miller Kent Boyack Frank Lunsford

Seth Chiaretta James Thayn Bob Pierce John Alger

Michael Powell Chris Powell Steven Powell Danial Powell

Deila Joy Kirkham Stewart Scoville


Troy Olson and Jordan Sonntag, Boy Scout Troop #907, led the Pledge of Allegiance. Roll was called with the above members present.

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

MOTION. Councilmember Denison moved that the minutes of the March 20, 2001 meeting be approved as written. Motion seconded by Councilmember Tatton and carried.

MOTION. Councilmember Piccolo moved that the minutes of the March 28, 2001 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.

The following bids were received for the Sewer Line Replacement Project:

JCI Johansen Const., Inc., Mt. Pleasant, Utah $288,605.75

GW Johansen Const., Inc., Mt. Pleasant, Utah $269,148.00

K & P Plumbing, Provo, Utah $502,500.00


MOTION. Councilmember Denison moved that a committee, consisting of himself, Councilmember Piccolo, Gary Sontag, Sam White, Pat Larsen, and Vern Jones, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Piccolo and carried.


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


Meeting adjourned at 5:35 p.m.

Reconvened at 5:40 p.m.

Stewart Scoville, representing the Castle Valley Theater, thanked the Council for use of the Civic Auditorium during their recent presentation. He requested that the Council again consider the use of the auditorium for the dates of August 2-4 and August 9-11 to present another performance, "The Odd Couple". As these dates are Thursday, Friday and Saturday, there could be a conflict with the Culture Connection presentations which are held in the Peace Garden on Thursdays. The sounds from the Peace Garden may carry into the theater. Mr. Scoville stated that at this time, the Culture Connection has nothing scheduled for those particular Thursdays and asked if it would be possible to move the Culture Connection activities to Wednesday. It was explained that the Culture Connection is in the planning stages and they always have their activities on Thursday night. The elderly look forward to this activity. It was felt that there should be a way to solve this issue. MOTION. Councilmember Wheeler moved that the item be tabled and she will review it further with Karen Bliss, Culture Connection, and Madelaine Nyffeler, Castle Valley Theater. Motion seconded by Councilmember Denison and carried.


Michael Burrows discussed the operation of his gunsmith and repair business. He has been disabled since 1995 and has been working with Vocational Rehab for the past 1 years to retrain as a gunsmith and to operate a home operated business. He submitted an application to the Planning and Zoning Commission and was told that repair businesses are not allowed within City limits. He asked if there was some type of variance that would allow him to operate this business, as it does not create loud noises or problems within his neighborhood. Councilmember Piccolo stated that home operated businesses were meant to be used as office use only and not require inventory, solvent, bluing chemicals, dust, etc. Vern Jones stated that the City recently adopted an ordinance which brought the Land Development Code in line with the Business License Code, which has been in effect for a number of years. According to the Business License Code, repair shops are not allowed in residential areas. In order to allow a repair shop in a residential area, the ordinance will have to be revisited and another ordinance adopted to that effect. Councilmember Piccolo stated that any business that manufactures, has an inventory and chemicals, need to be placed in a commercial district. These types of businesses can devaluate property, create extra traffic, accumulate greases and oils, etc. How do you determine what to allow and what not to allow or allow none of them. Mr. Burrows stated that as part of the business application, the signatures of surrounding neighbors within a 250' radius are required. Not one neighbor turned him down. MOTION. Councilmember Piccolo moved that the same committee appointed earlier this year to review this issue, be reappointed to revisit this issue and determine if there is validity to the complaints. Motion seconded by Councilmember Denison and carried.


MOTION. Councilmember Denison moved that upon favorable review by Mr. Sampinos and payment of the permit fee, that a special event beer permit be approved for the fund raiser for the Sportsmen For Fish and Wildlife to be held at the BDAC on April 28, 2001. Motion seconded by Councilmember Tatton and carried.


MOTION. Councilmember Piccolo moved that a half page ad in the amount of $50.00 be approved for the Veterans of Foreign Wars State Convention to be held in Price June 22-24, 2001. Motion seconded by Councilmember Tatton and carried.

Vern Jones reported that in the current years budget, $20,000 was allocated for restroom restoration. Three proposals were received for this project. It was determined that the tile needs to be placed 3' up the wall behind urinals, which increased the cost. He requested that bidding procedures be waived and that a committee, consisting of Councilmembers Wheeler and Tatton, himself and Fermin Guiterrez, be appointed to review the proposals and given the power to act. MOTION. Councilmember Wheeler moved that the request be approved. Motion seconded by Councilmember Tatton and carried.


Councilmember Denison reported that the Little League Baseball parade is scheduled for Saturday, May 5, 2001, from 8:30 a.m. to 11:30 a.m.. This will include the closure of Main Street from 4th East and Main to Carbon Avenue and to the Elks Lodge. MOTION. Councilmember Denison moved that permission be given to coordinate this event with the Chief of Police and the Fire Department. Motion seconded by Councilmember Piccolo and carried.


Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Arnold Trolin to operate a handyman business at his home located at 1101 South Carbon Avenue, #11. MOTION. Councilmember Piccolo moved that the business be approved upon payment of the business license fee. Motion seconded by Councilmember Denison and carried.


Councilmember Piccolo reported that the Planning and Zoning Association gave a favorable recommendation to the request of the College of Easter Utah to place directional A-frame signs for a two day period. MOTION. Councilmember Piccolo moved that the request be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Wheeler and carried.


Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the request of Pacific Land Design for final approval to construct their new facility at 250 South Highway 6. The following stipulations and recommendations were made - #1, low level lighting on the east side of the property; #2, sound protection on the east side of the property between the job site and the Housing Authority; #3, pedestrian safety on Nelson Lane; #4, agreement with UDOT on traffic light; #5, redesign access for the loading dock on Nelson Lane to satisfy movement criteria and light problems that existed with the property owner across the street; #6, wetlands permit by the Corp of Engineers; and #7, the driveway alignment with property owner Linda Varner. Mike Neer, Pacific Land Design, explained what they have done to satisfy the above stipulations - #1, placed a shield over the light to deflect the light away from adjacent property owners; #2, place the compressors that are typically located on the side of the building at ground level, onto the roof and behind a raised parapet, which will provide a good visual and noise barrier to adjacent property owners, move a compactor from the rear of the building to the truck well area that is in a deep depression, and landscaping for visual screening; #3, by having the wall low enough at 4' and the trucks being as high as they are, it will be adequate to see over the wall, plus, placing a bollard on both corners will prevent trucks from driving over the corner in case a pedestrian might be at this location; #4, he has a letter stating that the proposed traffic signal at 300 South Highway 55 will be installed by the Utah Department of Transportation after the store opening pending the conditions stated in the letter; #5, the trucks in the truck well area will exit away from the apartments so that the headlights will be deflected away from the apartments across the street. He has discussed this with the property owner and the property owner is agreeable to this solution; #6, based on input from the Corps of Engineers, WalMart has revised their plans for the wetlands, which will be mitigated to the south corner of the sight. The Corps of Engineers have told them the permit will be signed next week; #7, the WalMart traffic consultant felt that the way the Varner driveway is located, which is directly in line with the street, that in these situations, is the safest condition. If they are misaligned, it will potentially cause a hazardous condition with left turn movements, which are more confusing. In addition, there will be adequate sight distance on both sides for pedestrians. If the driveway was shifted further to the west, it would be an issue for sight distance with pedestrians at the corner of the building. In addition, Mr. Neer stated that City staff has asked them to look at the access onto Main Street from Nelson Lane, and to straighten it out so that traffic can drive onto Highway 55 at a 90 degree angle. This will work very well and is something they are pursuing with UDOT.


James Jensen, adjacent property owner, addressed his concern regarding the truck well that is approximately 15' underground, which takes care of the sound. However, as the trucks come out of the truck well, there is a question on the type of fencing. There was discussion about a concrete or masonry wall or a chain link fence with slats. He owns the apartments across the street and if one stands on the front porch, the view will be of a compactor and the bales of boxes and pallets and stacked up garbage. He feels a 4' masonry wall or a chain link fence with slats will not cover this view. It has to be higher. He is asking for something to shield the noise and the view. Councilmember Piccolo felt uncomfortable with a 4' fence. Children will have a tendency to want to walk on it. Mr. Neer suggested a 6' chain link fence with slats. Councilmember Piccolo questioned if there was a strip of land between the fence and the sidewalk or if it was just fence, sidewalk and curb and gutter. Mr. Neer stated that there would be a road, a 4' landscape strip, the 5' sidewalk and then the fence. Councilmember Piccolo suggested a small planting area where shrubs could be planted to reach 6' tall. If Mr. Jensen is agreeable, Mr. Neer stated that presently, there is a 1' space between the back of the sidewalk and the curb in this location. If the landscape was decreased to 2' on one side of the sidewalk, this would give a 3' spot at the rear of the sidewalk to plant shrubs. It would also not impact the truck driver. Mr. Jensen felt that this might work out.


Lynda Varner stated her concern regarding the alignment of her driveway and the street. The first time she has a car end up in her driveway, she will call the Police. The second time it happens, she will call Price City and Mr. WalMart. Unless her driveway is used, there is not 50' to turn, which is what is required. She feels the store can be pushed back one parking space without causing any problems, which would alleviate the driveway issue. As far as Housing Authority is concerned, their attorneys have sent a letter to Price City stating that they will retain the right to appeal these procedures here tonight as to the City's land use codes and they will litigate those procedures with WalMart, Pacific Design and Price City Planning and Zoning as long as it will take to get what they feel is the City's own code. One of the things that Housing Authority definitely wanted was a sound barrier wall. The Housing Authority was bargaining with WalMart on this and they walked away without any explanation, except that they misunderstood or understood this or whatever. Normal communication problems.


James Jensen discussed other locations where WalMart has built large stores and how attractive those stores are. He feels that as much money that will go into building the store in Price, that a little more can be put into it to construct a nice looking wall and mitigate the sound and sights.


Alan Majors stated that in his past employment, he has worked on several large buildings. They have all followed the same procedures, working with the Corps of Engineers, etc. They don't erect huge walls because it channels the air and noise in different directions. The reason they use the chain link fence with the slats in it is because it absorbs the air and noise. If a 5' or 12' wall is constructed, it will channel the air and noise along both sides.


Due to the threat of litigation, Nick Sampinos felt that he would like an opportunity to review the letter received from the Housing Authority's attorney with Francis Duzenack and Vern Jones in order to determine that the City is in good stead with their Land Development Code. He would like to go through the letter point by point to make sure all the issues are covered. He would also like to review those issues and stipulations that were discussed tonight. MOTION. Councilmember Piccolo moved that the item be tabled and that after review by Mr. Sampinos on the above issues, that a special meeting be scheduled for Wednesday, April 18, 2001, at 5:30 p.m. Motion seconded by Councilmember Tatton and carried.


14. CARBON COUNTY ECONOMIC DEVELOPMENT - Letter For Support For RDA (Airport Road)


MOTION. Councilmember Piccolo moved that a letter supporting an extension of the Redevelopment Agency along Airport Road be sent to the Carbon County Economic Development in conjunction with their plans. Motion seconded by Councilmember Denison and carried.

15. TAMARA GRAY - Travel Approved


Mayor Protem Nikas presented the following travel request:

Tamara Gary - Intermountain Safety School, Lifeguard Instructor Certification, May 7-11, St. George, Utah


MOTION. Councilmember Piccolo moved that the travel be approved. Motion seconded by Councilmember Tatton and carried.


16. ELECTRONIC TIME CLOCK SYSTEM - Committee Appointed


Vern Jones reported that the Finance Department has budgeted $15,000 for a new time clock system. The one that is compatible with the City's computer is a touch pad system where employees touch a pad with their finger when they check in and out and it takes a blue print and sends that information to a computer. Several reports can then be taken from this information, including payroll. He requested that a committee be appointed to review the proposal to determine if it will fit the City's needs. A demo has been ordered, which we will install and use to determine if this is the one we want. MOTION. Councilmember Piccolo moved that a committee comprised of himself, Councilmember Tatton, Vern Jones, Gary Sonntag, Keith Wight, Finance Dept., and Gary Sonntag, review the system and report back to the Council. Motion seconded by Councilmember Tatton and carried.


17. FEDERAL EMERGENCY MANAGEMENT AGENCY - Permission To Apply For Matching Grant


Fire Chief Kent Boyack requested permission to apply for a 10% matching grant to the Federal Emergency Management Agency to purchase a thermal imaging camera and 20 self contained breathing apparatus for a total cost of $67,500. The city's match would be $6,750. MOTION. Councilmember Tatton moved that the request be granted. Motion seconded by Councilmember Piccolo and carried.


18. NORTHEAST PRICE WATER LINE INSTALLATION - Anadarko Petroleum Corporation - Payment Approved


Gary Sonntag reported that Anadarko Petroleum has completed the installation of the 12 inch water line from the 3 million gallon water tank. The City agreed to participate in 50% of the construction costs. Anadarko has submitted an invoice in the amount of $36,273.43, which is correct. MOTION. Councilmember Denison moved that the payment be approved. Motion seconded by Councilmember Piccolo and carried.

19. WATER TRANSMISSION LINE REPLACEMENT, DESIGN, #25S-2000 - Hansen, Allen & Luce,Inc. - Partial Payment


Gary Sonntag presented a request for a partial payment in the amount of $40,917.84 submitted by Hansen, Allen and Luce Engineering for their contract on the design of the Water Transmission Line Replacement. MOTION. Councilmember Denison moved that the payment be approved. Motion seconded by Councilmember Piccolo and carried.


20. PRICE RIVER WATER IMPROVEMENT DISTRICT - Update

Councilmember Denison reported that Price River Water Improvement District's project at their sewer treatment plant is nearing completion. The engineers are in the process of making sure all items are finished. The ammonia level has dropped from 8 parts per million to .8. The object is to get down to 3. The manual process that has been implemented is working well and should only get better once a computer program gets online and is working right. A grant was received to correct the problems with the filter system as the water treatment plant.


21. CITY SANITATION CONTRACT - Committee Report

Councilmember Piccolo reported that the committee appointed to review the contract with City Sanitation is recommending that a letter be written to them requesting that the contract be extended at its present rate. The rates are not unfavorable compared to other areas. If the request is denied, then bid proposals will be received. MOTION. Councilmember Tatton moved that the Mayor be authorized to send the letter. Motion seconded by Councilmember Piccolo and carried.


22. INDOOR SWIMMING POOL PLUMBING - Update

Gary Sonntag gave an update on the indoor swimming pool plumbing problems. The plumbing has been completed as far as getting inlet pipes put back in and we now need to do the grout work. He reported earlier that a pressure test was completed on the bottom drain. It was found that there is a leak in the pipe, which has to be replaced. He has a request for two quotations pertaining to boring, which should be received within the next week. He will inform the Council on the costs. He has already spent several thousand dollars and it will cost several thousand more to complete the repair. To pay for these repairs, he is using the funds budgeted for the alternative fuel system. Part of this repair process is excavating a large pit on the west side of the building. A gas line and a primary electric line have to be relocated.

Meeting adjourned at 8:26 p.m.


APPROVED:

ATTEST: Roy A. Nikas, Mayor Protempore

 

Joanne Lessar, City Recorder