Minutes of the Special Price City Council Meeting

City Hall: Price, Utah

June 5, 1997, 4:30 p.m.


Mayor Lou Colosimo

Councilmembers:  Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison
Vernon W. Jones (Adminis. Ass't.) Joanne Lessar (City Recorder), Lisa Petersen (Finance Dept.), Gary Sonntag (City Engineer), Nick Sampinos (City Attorney), Francis Duzenack (Building Inspector).

Planning and Zoning Boardmembers Alfred Richens, John Angotti, Penny Sampinos, Gary Lyon

Excused: Pat Larsen, Finance Director

Others Present: T. H. Poloni, Lynda Poloni, Jim Zufelt, Paul Washburn


Councilmember Piccolo reported that developers Jim Zufelt and Paul Washburn are questioning why their project is being delayed and why it is taking so long to go from the Planning and Zoning Commission to the City Council. The Planning and Zoning Commission gave concept approval for a planned unit development the first part of April, 1997. Gary Sonntag stated that when this project was submitted, staff brought up several questions about their compliance with City codes, particularly where it states that a PUD is designed to provide additional amenities for the occupants of that PUD compared to a standard type development. Secondly, questions were brought up regarding the narrower streets and whether or not they should be private. Subsequent to the P&Z meeting, he met with Mr. Zufelt, Mr. Washburn, and their engineer, Brent Tuttle, to go over these issues. Staff explained to them the variation from the City's code in terms of density, which in this case, would be the square footage of the lot. Any reduction or modification to City standards when it comes to street improvements have to be approved. This needed to be researched with the City Attorney. Gary stated that it was also necessary to contact the County to see what their plans were for Fairgrounds Road so that the width of the road could be determined. The developers were asked to provide to the City, copies of their proposed home owners association covenants that would govern the operation of the planned unit development and also to provide a video of the projects they have completed in other areas. To date, the City has not received this information. Gary stated that these items were required because it is a planned unit development.

Gary stated that he met with the County regarding Fairgrounds Road, and they determined the road would be a 60' right-of-way through that area. A portion of the road adjacent to the proposed PUD is a 60' right-of-way. Mr. Washburn was told of this decision. In addition, he told Mr. Washburn that he needed to meet with the City Attorney to review some of the issues regarding City standards. After discussing this with Mr. Sampinos, Mr. Washburn was informed what the City perceived the procedure to be. Subsequent to the conversation with Mr. Washburn, he and Francis Duzenack met with Mr. Sampinos and discussed the procedure to make sure what he was telling Mr. Washburn was correct. Staff is not trying to delay the project, they are merely searching this through so that the City can provide Mr. Washburn with the correct information to follow as well as to insure the City that this development will not be an eyesore or a problem to the City, similar to other PUD's that have been problems. The PUD's that the City has worked with in past years haven't worked all that well and there are PUD's in the County that haven't worked well. Francis Duzenack called other cities in the state to get their input. Gary stated that staff wanted to get everything in line before Mr. Washburn got too far with his process so that he could be informed where the City stood and what he needed to do. Francis Duzenack stated that he found other were against PUD's. Developers want little lots and substandard and narrow streets. Further down the road, the homeowners association falls apart and they come to the City to take over the streets. Promises are made that are never fulfilled. Francis referred to the width of the streets and the actual building construction. Rather than requiring lots to be 7,000, the lots are reduced to 6,500. Councilmember Piccolo felt that this was not the case with this project. The density is well within 7,000 square feet if you include the lots plus the two private parks and RV park. Francis stated he had no problem with the lot size. The big question comes with the street width. With cars parked in the streets, it is difficult for garbage trucks and fire trucks to maneuver around. Councilmember Piccolo asked if a street would be narrower with cars parked on one side of a 24' street as opposed to two cars parked on a 30' street? Gary Sonntag stated that the City's minimum standard is a 60' right-of-way, which requires 35' of pavement and will allow two lanes of traffic plus parking on both sides. The developer's proposal was 30', which would allow parking only on one side.

Mayor Colosimo questioned if there was some way to help these people build in our City. You can't compare them to Provo because Provo has a lot of building going on. He is not suggesting anything illegal, but if there is some way to help them get started. Gary stated that at no time during this process, were the developers told they could not do this. The whole effort was to make sure the code is being complied with and you are getting a project in the City that is following all the steps. Councilmember Piccolo felt that staff has drug their feet during the period of April 6 and May 29th when Mr. Sampinos was consulted. He asked if something could be done to work better together? Gary stated that as far as the Engineering Dept. is concerned and his point of view, there are a zillion items that need to be taken care of. He has to put them in place as to where the priority is. He realizes things should move along faster, but there are things that get in the way that require more attention. It is difficult sometimes to sit down and work out all the angles to help developers through the process. The time is not there for the Engineering Dept. to do this. Projects are looked at to see if they comply, and if they do, they are told. Councilmember Piccolo asked if this project should have been sent back to P&Z and asked for assistance? He is not being negative, he is trying to find a way to help prioritize. Perhaps, this could have been passed on to the Council with the Engineering recommendation that these lots are too small, the streets are too narrow and it was found that these PUD's do not work and that it should be turned down. Let the Commission or the Council take some of that burden. He doesn't think staff should have to solve all the problems. That's what the Commission and the Council are for. He appreciates the hard work Gary does, and does not want to show any disrespect. He knows there is a time gap and that there should be two Gary's. He recommended that when these problems occur, refer them back to P&Z and ask them to study it further. He understands that Gary needs to be relieved of some of his workload.

Gary agreed with Councilmember Piccolo. These types of projects needs someone to walk them through, to get the information back to the Commission, to think about it and process it. This is not possible. The things the City is doing does not allow this. He thinks it will take an individual that can fill a position similar to a City Planner that can work with these developers. With any project, there is a certain element of engineering pertaining to grade, slope and elevation. It could then be turned back to a PR person to work out the bugs as far as modification, the correct procedure, and who should do it. You need someone who can spend time thinking and doing these things. Councilmember Piccolo agreed. Mayor Colosimo felt that when Gary changes his position to Public Works Director, that Vern Jones can handle some of this. Gary felt that maybe he should focus solely on engineering aspects and let someone else carry the ball and be the more outspoken voice in the procedures of what goes on as far as staff, the Planning Commission and the developers. With the additional Building Inspector, Francis stated he would be able to spend more time on planning matters.

Getting back to the issue of the PUD, Gary stated that an idea surfaced between the conversation with Francis and Nick, which is to allow the PUD, provided that the streets are built the full minimum width and that curb, gutter, sidewalk, and pavement are installed to meet City standards and to dedicate those streets to the City. They would still be allowed to build the lots with the reduced square footage, and put in the common park area as well as the RV storage area. They would still accomplish the concept they are after, with the difference of the street being wider. One of the things found with PUD's is the maintenance of primary services, such as water and sewer, descent width streets that can be accessed adequately by the larger garbage and fire trucks. This may be an acceptable compromise. Since the first meeting with P&Z, the developers have not submitted any more plans.

The Council and Zoning Commission further discussed the Planned Unit Development, the information obtained from other cities, the width of the streets, and the homeowners association and bylaws and its functions. Gary informed the Council that the proposed improvements for the PUD for the streets and curb and gutter are less than the City's minimum standards. Their plans show 2 1/2" of asphalt and the City requires 3". Their curb and gutter is 2' wide and the City requires 2 1/2'. Their pavement width is 30' and the City's is 35'. The right-of-way width show 42' and the City's is 60'. The Council felt they could not accept the subgrade for the asphalt.

Mayor Colosimo welcomed Mr. & Mrs. Poloni, Jim Zufelt and Paul Washburn, owners, developers, and contractors of the proposed planned unit development. A plat of the proposed development was presented with the changes that have made since it was presented to the Planning and Zoning Commission. The amended plan shows the widening and actual dimension of Fairgrounds Road as recommended by the County. The other change will be on the southeast entrance where there was concern of the sight distance. Councilmember Nikas questioned the 2 1/2" of asphalt as indicated on the plat and asked about the figures presented and if they met the City's minimum standard for thickness? Gary stated that the City's minimum thickness of asphalt is 3" on a 6" road base on streets of this width. Curb and gutter is 2 1/2' wide and a sidewalk is 4' wide, with 4" of gravel under the curb, gutter and sidewalk. The developers stated that they would be happy to increase the thickness of the asphalt, and increase the size of the curb, gutter, and sidewalk. All of the water and sewer lines, street lighting, and fire hydrants will be constructed according to City code. The developers discussed the issue of sidewalk along Fairgrounds Road. They plan to provide a sidewalk, but instead of concrete or asphalt, they would like to put in an urban trail. These trails are made of large chips of wood and are quite popular in other communities. People who jog prefer the chips to concrete. The developers would like to have this type of setting instead of concrete. MOTION. Councilmember Bringhurst moved that concept approval be given to the planned unit development and that the improvements, other than the size of the road, meet minimum City standards, that Fairgrounds Road be considered at a later date, and that a copy of the bylaws of the homeowners association be provided for review. Motion seconded by Councilmember Piccolo and carried. Councilmember Denison gave his full support for the project, but because he owns a title company, he abstained from voting.


Councilmember Nikas reported that the Greenwell has an occupancy permit for their Convention Center. However, in looking back at submitted plans, he sees an overflow parking lot on the northeast section of the property. He does not see any curb, gutter, or sidewalk, or asphalt improvements on the parking lot. He questioned if the Planning and Zoning Commission required this to be put in as part of their Conditional Use Permit. If so, why is the building occupied before the parking lot is completed? Other issues have come before the Council with regards to parking areas for various businesses that have wanted to remodel. He wants to be sure the City is being consistent. Francis Duzenack stated that there is no mention of this in the Planning and Zoning minutes. Rick Krompel, owner of the Greenwell Convention center, is planning to improve the north side of the property with curb, gutter, and sidewalk, as he has been in to talk to Vern about Redevelopment funds. He has not discussed going around the corner on 7th East. Francis stated that in checking the minutes and the submittals provided, the project was approved as drawn. The Commission and the Council felt that this was overlooked. It was recommended to encourage Mr. Krompel to pave the overflow parking lot and put in the improvements.

3. BUDGET REVISION FY1996/97 - Discussion

RESOLUTION #97-07 - Equipment Lease/Purchase Agreement With First Security Bank of Utah, N.A.

Mayor Colosimo reported that there is a surplus of $160,000 left in the budget for FY1996/97. He presented a list of items that this surplus can be used for. However, these items need to be purchased by June 30, 1997. It was recommended that the 2 leases be paid off which amounts to $52,000, that some of the funds be used to hire two temporary employees in the Streets and Maintenance Departments, that $30,000 be used for the North Baseball Complex, and the $82,000 balance placed back in the Electric Fund. MOTION. Councilmember Piccolo moved that the above recommendation to dispense the surplus funds be approved. Motion seconded by Councilmember Wheeler and carried.

It was recommended that the two police cars be purchased through a lease/purchase agreement with First Security Bank. MOTION. Councilmember Piccolo moved that Resolution #97-07, authorizing the execution and delivery of an equipment lease/purchase agreement with First Security Bank of Utah, N.A., and Related Matters be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.

Meeting adjourned at 6:37 p.m.