July 28, 1999, 5:30 p.m.
Councilmember Nikas led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. MAYOR PROTEMPORE - Roy A. Nikas
MOTION. In the absence of Mayor Colosimo, Councilmember Wheeler moved that Councilmember Roy A. Nikas be appointed Mayor Protempore. Motion seconded by Councilmember Tatton and carried.
2. MINUTES - July 14, 1999
MOTION. Councilmember Tatton moved that the minutes of the July 14, 1999 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.
3. WATER TRANSMISSION LINE STUDY, CONSERVATION PLAN - CRS Consulting Engineers - Report
Rod Mills, representing CRS Consulting Engineers, presented a report on their progress towards completion of the Water Transmission Line study. He met with Gary Sonntag and discussed specific issues related to the alignment of the pipeline. For the most part, they are following an alignment similar to the present 16" pipe. They have plan and profile sheets for the entire alignment of the pipeline from the treatment plant to the 10 million gallon water storage tank. Mr. Mills discussed the connection to the 10 million gallon tank and the different options available. One option would be to go through the Questar property and build a pipeline alignment up the slope adjacent to the Questar property. The other option would be to go to the front where the existing water tank and pump station are presently located and follow the dirt roadway. They will check the economics on both options and select the most efficient route. One of the issues they have right now is a right-of-way. They will determine what costs will be necessary to secure a right-of-way. During the next 30 days, a hydraulic analysis will be conducted, which will evaluate the pressure. They feel there is plenty of pressure to get from the treatment plant to the storage facility through gravity flow. However, they need to determine that specifically before going much further. Other items they will be focusing on within the next 30 days are determining the costs, alignment issues, interaction with UDOT, tight corridors, rock excavation, and railroad crossings.
Mr. Mills stated that the other item they are currently working on is the Water Conservation Plan. Part of the reason this issue is so important is that the Legislature will not provide funding for water pipeline projects unless there is a Water Conservation Plan in place. They are in the process of determining the levels of water usage within the City and expect a final draft of the Water Conservation Plan to be submitted to Gary Sonntag next week. Prior to approving funding for water projects, state agencies look at the water rates of the municipalities. Mr. Mills feels that Price City has a good rate structure. He hopes this will be a real plus when it is time to submit applications for funding.
4. DOWNTOWN MERCHANTS ASSOCIATION - Permission To Close Main Street Between Carbon Avenue and 1st West Street
Mike Halloran, representing the Downtown Merchants Association, requested permission to close Main Street between Carbon Avenue and 1st West on Saturday, August 21st, between 7:00 a.m. to 7:00 p.m. in order to hold a festival. There would be local entertainment and food sales. No arts and crafts would be sold. MOTION. Councilmember Tatton moved that the request be approved. Motion seconded by Councilmember Wheeler and carried.
Don Reavely appeared later in the meeting and discussed sponsoring a street dance after the festival ended. The Council questioned the feasibility of a dance and if there would be enough people supporting it. After further discussion, Mr. Reavely stated that for this year, they would just do the festival and maybe they could try a street dance next year. Mr. Reavely presented a survey taken from the downtown merchants indicating their approval of the Main Street event.
5. CHRISTIAN MUSIC CONCERT - Permission to Hold Concert In Pioneer Park Or Peace Garden
Dennis Waldon requested permission to sponsor a Christian Music Concert in Pioneer Park on Saturday, September 4th, between 5:00 p.m. and 8:00 p.m. It was recommended that the concert be presented in the Peace Garden instead of Pioneer Park. MOTION. Councilmember Denison moved that the request be approved and that the Peace Garden be used if it is available, and if not, then Pioneer Park. Motion seconded by Councilmember Piccolo and carried.
6. JO DIAMANTI - Discussion On Family Burial Plot - Tabled
Jo Diamanti stated that she was born and raised in Carbon County. Several years ago, her parents, who are now deceased, purchased a family plot in the Price Cemetery. There are still spaces available and she feels she should be allowed one burial plot. Upon her investigation, she found that she would have to have her sister Edna Mahleres's signature as Edna has the deed. The deed states that Edna paid perpetual care. She feels this does not constitute ownership of the plots. She asked if she has a legal right to a burial plot? Mr. Sampinos recommended that someone from the City should talk to Edna. There are no deeds issued in this situation, there are only the right to burial certificates. There is a paid right-to-burial certificate that was paid by Edna Mahleres in 1986. Technically, she has a right to those burial lots. However, the burial certificate was not signed by Mayor Art Martines. According to the rules, it must be signed to be enforceable. There is no clear cut answer whether Mrs. Diamanti has a right to a burial plot. MOTION. Councilmember Piccolo moved that the item be tabled and that Nick Sampinos and Vern Jones be directed to contact Edna Mahleres in an effort to resolve this matter. Motion seconded by Councilmember Denison and carried.
7. REXENE GALLEGOS - Special Event Beer Permit Denied
Mayor Protem Nikas reported that Rexene Gallegos has requested a special event beer permit for a wedding at Chelseys on Saturday, September 25th. Nick Sampinos reported that he researched the law regarding a special permit to purchase keg beer and found that there is no right under Utah law for any individual to buy beer in a container larger than 2 liters. The only special event permit that can be issued is for an organized event through a local church, an organization, incorporation, or a non-profit type situation. Only a beer retailer can buy keg beer. MOTION. Councilmember Piccolo moved that per Mr. Sampinos's investigation, that the request for the special event beer permit be denied. Motion seconded by Councilmember Wheeler and carried.
8. CARBON COUNTRY CLUB - Contribution Approved
Councilmember Piccolo reported that the committee appointed to review the request from the Carbon Country Club for a contribution met and discussed the functions of the club pertinent to tourist activity. The committee felt comfortable with the request. The golf course is a benefit to the community and does draw tourists. MOTION. Councilmember Piccolo moved that $8,000 (which is a balance of the Transient Room Tax from 1998/99) be contributed to the Carbon Country Club to be specifically used for the walk way and the wall around the practice greens, and that receipts be provided to the City for those costs. Motion seconded by Councilmember Denison and carried.
9. FIRE DEPARTMENT TRUCK - Permission To Purchase
MOTION. Councilmember Tatton moved that permission be given to purchase a new truck for the Fire Department. Motion seconded by Councilmember Denison and carried.
10. C & G CRAFTS, NOYES TRUCKING - Home Occupied Businesses Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following home occupied businesses.
- C & G Crafts - 150 West 500 South, Gene House-Owner, Wood
- Crafts Assembly and Office Use
- Noyes Trucking - 156 South 200 East, Barbara Davis-Owner, Office Use Only (Trucks Stored In County)
MOTION. Councilmember Piccolo moved that the home occupied businesses be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.
11. MAMA LIA'S PIZZA - Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the request of Eddie Goergen to operate Mama Lia's Pizza, a pizza delivery and take out, located at 264 South Carbon Avenue. Price River Water Improvement District is requiring Mr. Goergen install a 6" sewer line. PRWID has given Mr. Goergen a year to install a sampling manhole, but the Planning and Zoning Commission is requiring that the manhole be installed prior to operation of the business. The Commission recommended temporary use of an unpaved parking lot located at the rear of the business, not to exceed two years. MOTION. Councilmember Piccolo moved that the business be approved, that a Conditional Use Permit be issued contingent upon installation of the sewer line and sampling manhole, and that the business license fee be paid. Further, that a two year temporary permit be issued for the unpaved parking lot. Motion seconded by Councilmember Denison and carried.
12. PECZUH PRINTING - Business Expansion - Concept, Preliminary and Final Approval
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Peczuh Printing for concept, preliminary and final approval on their business expansion. MOTION. Councilmember Piccolo moved that the request be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Wheeler and carried.
13. DENNIS OAKLEY - Board of Adjustment Request - 1521 Eastwood Circle (Construction of 6' Cedar Fence)
For informational purposes only, Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the Board of Adjustments for Dennis Oakley to construct a 6' cedar fence on his property located at 1521 Eastwood Circle.
14. WILMA BARNETT, RICHARD BOYDEN, SHAUNA FASSETT - Travel Approved
Mayor Protem Nikas presented the following travel requests:
MOTION. Councilmember Denison moved that the travel be approved. Motion seconded by Councilmember Tatton and carried.
15. EASEMENT - Vincent and Lynette Magliocco and Jon Anast
In order to provide clearances for a 4 KV line to the new Milky Way Shop, Vern Jones presented a power line easement from Vincent and Lynette Magliocco and Jon Anast. MOTION. Councilmember Tatton moved that the easement be accepted and that it be recorded at the office of the County Recorder. Motion seconded by Councilmember Piccolo and carried.
16. WESTERN AREA POWER ADMINISTRATION - Cooperative Transmission Planning Agreement
Vern Jones presented an updated agreement with Western Area Power Administration for the Cooperative Transmission Planning Agreement. This is part of CRSP power that Price City purchases through WAPA. This agreement allows Price City to be a part of discussions for transmission. He recommended that it be approved. MOTION. Councilmember Piccolo moved that the agreement be approved and that the Mayor and City Recorder be authorized to execute the document. Motion seconded by Councilmember Wheeler and carried.
17. WESTERN AREA POWER ADMINISTRATION - Salt Lake City Integrated Project Amendment No. 5 and Exhibit A (Points of Delivery, Voltages and Delivery Obligations
Vern Jones presented an addition to the above item with Western Area Power Administration involving the Salt Lake City Integrated Project Amendment No. 5. This agreement extends the contract to the year 2024, which allows the City to have CRSP power at a fixed rate or a semi-fixed rate. As part of the amendment, Price City's allocation, because of some maneuvering within WAPA, was reduced by a small amount. WAPA had to make approximately 7% of the total power available to Native American Power Companies in Southern Utah. In addition, Vern presented Exhibit A, which outlines the points of delivery, voltages and delivery obligations. He recommended that Amendment No. 5 and the Exhibit be approved. MOTION. Councilmember Piccolo moved that the above agreement and amendment be approved and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Wheeler and carried.
18. CARBON CREDIT UNION - Development Agreement - Final Release
Gary Sonntag reported that The Carbon Credit Union has completed all of the requirements of their Conditional Use Permit and Development Agreement. They are eligible for a final release of funds remaining from the cashiers check in the amount of $7,933.00. He recommended that this be approved. The City agreed to participate in modifications to the street improvements on 700 East in the amount of $9,570.00. However, he recommended that this portion be tabled for further study. MOTION. Councilmember Piccolo moved that the final release be approved and that the City's participation be tabled. Motion seconded by Councilmember Tatton and carried.
19. KATHY PENOVICH - New Hire Approved
MOTION. Councilmember Wheeler moved that Kathy Penovich be hired as a City Hall Custodian, Permanent/Full Time. Motion seconded by Councilmember Denison and carried.
20. KENT JONES - Transfer Approved
MOTION. Councilmember Tatton moved that Kent Jones be transferred from the Shop Dept. as a Mechanic to the Parks Dept. as a Groundskeeper #1 effective August 16, 1999. Motion seconded by Councilmember Piccolo and carried.
21. SHOP MECHANIC - Permission To Advertise
MOTION. Councilmember Piccolo moved that permission be given to advertise for a Shop Mechanic. Motion seconded by Councilmember Denison and carried.
22. FLOOD CONTROL DITCH - Deed From Butch and Jeannie Jensen
Nick Sampinos reported that he has received signed deeds from the Jensens, Clowards, and Carlsons, who are deeding parcels of their property to Butch and Jeannie Jensen, who in turn, have signed a deed to Price City. Price City now needs to deed a parcel of land that the City owns underneath the Butch Jensen home, which will clear title to his property. In essence, Price City is trading parcels so that the City has a clear deed to the existing flood control ditch that is located on the Butch Jensen property. The Jensen's have agreed to record their deed. Mr. Sampinos requested that the Mayor and City Recorder be authorized to sign the City's deed to the Jensen's and will hold that deed pending recordation of the Jensen's deed. Once that has been verified, the City can then record their deed to the Jensen's. MOTION. Councilmember Piccolo moved that the deed from Butch and Jeannie Jensen be accepted and that the Mayor and City Recorder be authorized to execute the City's deed to Butch and Jeannie Jensen. Motion seconded by Councilmember Denison and carried.
MOTION. Councilmember Denison moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Tatton and carried.
Meeting adjourned at 6:48 p.m.
Minutes Redevelopment Meeting
Reconvened at 6:50 p.m.
Meeting adjourned at 7:15 p.m.