Minutes of The Price City Council Meeting
City Hall: Price, Utah
August 8, 2001, 5:30 p.m.
Mayor Lou Colosimo Vernon W. Jones, Community Administrator
Councilmembers: Joanne Lessar, City Recorder
Roy A. Nikas Pat Larsen, Finance Director
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
Kay H. Burton Florence Simmons Dave Jelsma Debi Simmons
Carrie White Charmaine Matthews Delynn Fielding Pamela Juliano
John Alger John Serfustini
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. MINUTES - July 25, 2001
MOTION. Councilmember Nikas moved that the minutes of the July 25, 2001 meeting be approved as written. Motion seconded by Councilmember Tatton and carried.
2. MINUTES - August 1, 2001, August 7, 2001
MOTION. Councilmember Nikas moved that the minutes of the August 1, 2001 and August 7, 2001 meetings be approved as written. Motion seconded by Councilmember Wheeler and carried.
3. STATE OF UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION - Annexation of Property
Kay Burton, representing the State Institution of Trust Lands Administration, reported on their proposed plans to apply for annexation of three parcels of property. The parcels, which consist of 160 acres, 40 acres, and 20 acres, are located in the northeast section of the City. The first parcel to be requested for annexation is the 40 acre parcel, which is east of the ball fields. They plan to zone the property to be used for residential housing, with lot sizes ranging from 7,500 feet to 10,000 feet. The homes will be standard with a full basement, three bedroom, two bath and two car garage. They will partner with the Utah Housing Finance Agency. With the use of federal tax credits, residents can get into these homes under $550/month. The person rents the property for 15 years with the option at that time to purchase. The rent money is placed into an equity position. Mr. Burton stated that he will present his petition for annexation and zoning at the next Planning and Zoning Commission meeting. The Council thanked Mr. Burton for his input.
4. DAUGHTERS OF UTAH PIONEERS - Pioneer Park Cabin
Florence Simmons, representing the Daughters of Utah Pioneers and Utah Museums, stated that the pioneer cabin located in Pioneer Park is registered with the Utah Museums. They have grant money that can be used to maintain it. The State Division would like something in writing from the City to assure them that the Daughters of Utah Pioneers have permission to use the ground that the cabin is located on. Nick Sampinos felt that an agreement can be worked out where the Daughters of Utah Pioneers will agree to maintain the cabin to whatever criteria the Council wants. MOTION. Councilmember Wheeler moved that Mr. Sampinos be directed to write a draft of an agreement and bring it back to the Council for review. Motion seconded by Councilmember Tatton and carried.
5. UNITED WAY - Additional Office Space At Price Community Center Approved
Pam Juliano, representing the United Way, requested consideration for additional office space at the Price Community Complex. There is space upstairs that can be utilized. She realizes that the upstairs area is not ADA accessible, however, the space will be used by office workers and
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not the public. As United Way does not have additional funding at this time, she asked that the Council waive the rental fees for the additional space. MOTION. Councilmember Tatton moved that the additional space be approved without a rental fee through the current budget year ending June 30, 2002. Motion seconded by Councilmember Piccolo and carried.
6. CARBON COUNTY ECONOMIC DEVELOPMENT - Update
Delynn Fielding, Carbon County Economic Development, reported that a beverage producer is considering locating in Carbon County and is looking for property. He informed them of the City’s property located across from the lumber mill in Wellington. They prefer to be close to a railroad line, which is in the vicinity. He did not quote any prices. The water and sewer impact fees for this type of business would be a large amount.
Mr. Fielding also reported that Zions National Bank is considering building a new facility. They selected the location of 3rd East and Main Street and has asked him to become involved. Mr. Fielding asked the Council if they could write a letter of support for the new facility. An offer has been made on their old building which would help mitigate the costs of a new facility.
Mr. Fielding stated that there is a possibility of funding for the expansion of the CEU Museum. Several weeks ago, John Zehnder from the Federal Economic Development Association was in the area and toured the museum. This organization was part of the funding for the original building. Mr. Zehnder discussed a possibility of a million dollars. Don Burge, Museum Curator, explained to Mr. Zehnder the kinds of things the museum is doing, the kinds of digs that are currently taking place in the area, and the need to expand the museum. In addition, the College of Eastern Utah President Ryan Thomas has expressed an interest in having Utah State University provide a graduate level paleontology degree in this area with the present museum, along with the laboratories. Mr. Fielding suggested a joint pre-application with the College of Eastern Utah and Price City. There are also private foundations that could help fund this expansion.
Mr. Fielding also made the Council aware that the Southeastern Utah Community Development Corporation has been made a tax deductible organization. Because this is in an Enterprise Zone, Utah State law allows that when a non-profit organization such as this receives approval from the Rural Utah Development Council, that cash donations made to that non-profit corporation receive a 50% tax credit for Utah State taxes. These can be carried forward for 3 years. This can be a strong tool for this area. The Community Development Corporation could become involved with the expansion of the museum as a possible funding source. Donations made to that entity can be taken off Federal and State income taxes, plus 50% of it as a tax credit on your State income tax. It takes the real cost of the donation down to a 1/3. The Council thanked Mr. Fielding for all of his information.
7. CARRIE WHITE - Speed Limit At 1150 North 2nd East
Carrie White presented a petition from residents living in the area of 1150 North 2nd East regarding the speed limit. Since the new Cave Hollow subdivision has been built, traffic has increased tremendously. Most of the traffic is not speeding, but the speed limit of 25 mph is a little too fast when there are lot of little kids playing in the area. There is also a lot of 4-wheeler traffic. She asked that the speed limit be reduced to 15 mph on that section of road. Police Chief Shilaos stated that a common speed limit would be 20 mph. They have ordered signs that state “children playing” and they could also post a sign indicating “dead end street or no outlet”. A speed of 15 mph is not a practicable speed. Chief Shilaos also stated that cars do have the right-of-way on a street.
Mike King, who also lives in the area, has a major concern regarding the 4-wheelers and motorcycles that cross the street. They drive over the sidewalks and curb and gutter to cross the street. He has almost hit 4-wheelers on at least half a dozen occasions where they come across the road without slowing down and stopping. They also ride in the City’s catch basin located behind the subdivision. When it rains there are riders in the catch basin spinning doughnuts. There have also been kids shooting firearms near the catch basin. He asked if there was someway that traffic can be prevented from crossing the road. He doesn’t know if the owners of the subdivision would be responsible to block this off, or if it would be the gas company or the City. Gary Sonntag stated that similar issues such as this have been presented to the Council
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both for and against some of the activities that go on in areas such as this. We are seeing this City wide, probably more on the north side of the City than anywhere else. This will continue to occur as development takes place. When it comes to off road vehicles and shooting, a much broader approach needs to be taken to control this, such as establishing an ordinance to prohibit this type of activity. Trailheads at certain points may need to be established to allow those types of activities to take place away from the City and into the fields. Something needs to be done on a large scale.
Police Chief Shilaos stated that it is not against the law to cross the street from one side to the other, but speed is the issue. If they are driving on private property, then the owner needs to control that problem. It comes down to what the City wants to do. People choose to live in Price so that they can be close to the mountains to drive their off road vehicles. Trailheads would be a good suggestion. A ordinance could also be passed, such as stipulating riding at least 50 or 100 yards from residential areas. Shooting is not an issue, as the Police Department can handle that problem. The Council thanked Mrs. White and Mr. King for their input.
8. SKIN INK - Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for Dave Jelsma and Debi Simmons to operate Skin Ink, a tattoo parlor at 38 East Main. The Conditional Use Permit will indicate that this will be a service business only and that no retail sales will take place. The owners agreed to this stipulation. They will comply with the State of Utah Health Department requirements regarding the sterilization of needles. MOTION. Councilmember Piccolo moved that Skin Ink be approved per the above contingencies, that they purchase a business license, and that a Conditional Use Permit be approved. Motion seconded by Councilmember Wheeler and carried.
9. WIX PLAZA - Extension of Parking Agreement - Tabled
Vern Jones reported that Richard Morley is requesting that the current agreement with the City to lease parking spaces for Wix Plaza be extended for another five years. Does the Council want to either extend the current lease, change the language in the contract, or deny the request? MOTION. After further discussion, Councilmember Denison moved that the extension of the parking agreement be tabled for further review. Motion seconded by Councilmember Piccolo and carried.
Councilmember Piccolo presented further information on this item. Mr. Morley currently has a lease agreement with another entity which he pays a monthly amount. The City currently leases their property for $1.00/year. In addition, Mr. Morley attended the Planning and Zoning Commission Meeting held August 6, and presented plans where he intends to remodel the parking lot and build a parking garage adjacent to his building. At that meeting, Mr. Morley suggested that the City participate in the paving of the parking lot and concrete waterway for drainage purposes. In reviewing the current lease, which expired August 1, 2001, Councilmember Piccolo stated that the lease agreement states that the parking lot maintenance would be the responsibility of Mr. Morley’s, and that during the term of the lease, that the parking lot would be in as good a condition as it was at the beginning of the lease. However, no maintenance has been done. The question arose if adjacent business owners had a need to use the same parking spaces and if they were given the opportunity to also lease it. It was noted that prior to the current lease, that the adjacent owners were contacted. MOTION. Councilmember Denison moved that prior to executing a new lease, that adjacent business owners be contacted on the basis that the City is considering a renewal of the existing lease. Further, that Mr. Morley be required to resurface the parking lot to bring it up to City standards, that the same conditions apply as is in the current lease for a five year period, and that staff be instructed to prepare an agreement to that effect and that it be brought back to the Council. Motion seconded by Councilmember Piccolo and carried.
10. CARBON COUNTY PLANNING AND BUILDING DEPARTMENT - Building Permit Fees Waived
Mayor Colosimo presented a letter from the Carbon County Planning and Building Department requesting that building permit fees be waived for the remodeling of the old Juvenile Detention building at 65 South 100 East. MOTION. Councilmember Nikas moved that the building permit fees be waived. Motion seconded by Councilmember Wheeler and carried.
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11. SAM FARLAINO - Special Event Beer Permit Approved
MOTION. Councilmember Piccolo moved that a special event beer permit be approved for Sam Farlaino for his daughter’s wedding to be held at the Greek Orthodox Church on Saturday, August 25, 2001. Motion seconded by Councilmember Wheeler and carried.
12. CITY HALL BLOCK LANDSCAPING (100 NORTH) - Report On Bid Procedures, Approval For Payment
Councilmember Wheeler reported that at the last meeting, it was unclear if proper bidding procedures had been followed for the installation of landscaping and a sprinkler system for the City Hall block bordering 100 North. Her investigation revealed that proper bidding procedures were followed. MOTION. Councilmember Wheeler moved that permission be given to pay R & A Enterprises for this project. Motion seconded by Councilmember Tatton and carried.
13. JOELLE’S GARDEN OF GOODIES, RUDY AND LOURDES HERNANDEZ PRODUCE, SANCHEZ FRESH VEGETABLES - Home Occupied Businesses Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for home occupied businesses.
Joelle’s Garden of Goodies - 855 North Blarney Circle, Joelle Sherman-Owner (Ratification)
Rudy and Lourdes Hernandez Produce - 1101 South Carbon Avenue, #117, Rudy and Lourdes Hernandez-Owner (Ratification)
Sanchez Fresh Vegetables - 688 South 300 West, Javier Sanchez Bueno-Owner
MOTION. Councilmember Piccolo moved that the businesses be approved upon the purchase of a business license. Motion seconded by Councilmember Wheeler and carried.
14. ACTIVE RE-ENTRY CENTER FOR INDEPENDENT LIVING, WIX PLAZA MOTOR HOME GARAGE, JOHN R. AND DIANE OLSON, ATC ASSOCIATES, INC. - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for the following requests for Conditional Use Permits
Active Re-Entry Center For Independent Living - Relocation to 375 South Carbon Avenue, Room #140 (Ratification)
Wix Plaza Motor Home Garage - 217 East Main (12' X 45' Parking Garage)
John R. and Diane Olson - 1151 South 1307 East (50' X 100' Storage Shed)
ATC Associates, Inc. - 891 East Main (Maverick Country Store) - Site Remediation
MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.
15. VERN JONES, ALECK SHILAOS, KEITH WIGHT, PAT LARSEN, JOANNE LESSAR, SHARI MADRID - Travel Approved
Mayor Colosimo presented the following travel requests:
Vern Jones, Aleck Shilaos, Keith Wight, Pat Larsen, Joanne Lessar, Shari Madrid - Utah League of Cities and Towns Convention, September 5-7, Salt Lake
MOTION. Councilmember Piccolo moved that the travel be approved. Motion seconded by Councilmember Wheeler and carried.
16. UTAH LEAGUE OF CITIES AND TOWNS - Per Diem Approved
MOTION. Councilmember Piccolo moved that the rate of $45/day be set as the per diem for those who attend the Utah League of Cities and Towns Convention. Motion seconded by Councilmember Wheeler and carried.
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17. CITY PICNIC - Update
Police Chief Shilaos reminded the Council of the City picnic that is scheduled for Thursday, August 16th. Golfing is scheduled to begin at 3:30 p.m. Wednesday, August 15th and horseshoes at 1:30 p.m. on Thursday.
18. RESOLUTION #2001-14 - Garbage Service Fees
Vern Jones presented Resolution #2001-14, establishing an administrative fee for services provided by the Price City Utilities Office for the administration of garbage collection. MOTION. Councilmember Piccolo moved that Resolution #2001-14 be adopted and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Tatton and carried.
19. PRICE MAIN STREET RECONSTRUCTION/DESIGN - Sunrise Engineering - Partial Payment
Gary Sonntag presented a request for a partial payment in the amount of $8,195.57 submitted by Sunrise Engineering for their contract to design the Price Main Street Reconstruction. The payment will be made by the Utah Department of Transportation. MOTION. Councilmember Nikas moved that the invoice be approved for payment. Motion seconded by Councilmember Piccolo and carried.
20. INDOOR SWIMMING POOL - Donation of Labor and Equipment, Ockey Construction Co.
Gary Sonntag reported that in order to repair the underground indoor pool drain system, Ockey Construction Company, Orangeville, Utah, donated the labor and equipment to complete the heat fusion process of high density polyethylene pipe. He will issue a letter of thanks.
21. WATER TRANSMISSION PIPELINE/DESIGN - Hansen, Allen & Luce - Partial Payment
Gary Sonntag presented a request for a partial payment in the amount of $62,820.61 submitted by Hansen, Allen & Luce Engineering for the contract on the design of the water transmission pipeline. MOTION. Councilmember Denison moved that the payment be approved. Motion seconded by Councilmember Piccolo and carried.
22. BICYCLE PARK - Committee Appointed
Gary Sonntag reported that several meetings have been held with City staff and potential users of a bicycle park. Out of those meetings came the idea of having a dirt track north of the Atwood Baseball Complex and a fixed bicycle feature in South Price at Rose Park in the old volley ball court. The City budgeted some funding for this project this fiscal year. He recommended that a committee be appointed to pursue the development, design and construction of the bicycle parks. MOTION. Councilmember Tatton moved that a committee be appointed comprised of himself, Councilmember Nikas, Gary Sonntag, Lyle Bauer, Suda Merriman, and the users group which are residents of the community, their advisors and parents. Motion seconded by Councilmember Nikas and carried. A meeting of that group was scheduled for Monday, August 27, 2001, at 9:00 a.m. at the Public Works Complex.
23. FUNDING FOR 125/CAFETERIA PLAN - Approved
Keith Wight reported that the 125/ Cafeteria Plan is temporarily underfunded. He requested permission to make a payment of $2,000 to that fund in order to make payments for employee claims. This is a temporary situation and the City will be reimbursed for this payment. MOTION. Councilmember Nikas moved that the payment be approved. Motion seconded by Councilmember Tatton and carried.
24. NEW HIRE - Josh Madrid - Tabled
Keith Wight reported that he was premature in placing the new hire on the agenda and asked that it be tabled. MOTION. Councilmember Tatton moved that the new hire be tabled. Motion seconded by Councilmember Nikas and carried.
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25. SWIMMING POOL SENIOR LIFEGUARD - Permission To Advertise
Keith Wight requested permission to advertise for a Senior Lifeguard at the swimming pool. This is to replace an employee who is terminating next month. MOTION. Councilmember Wheeler moved that the request be approved. Motion seconded by Councilmember Piccolo and carried.
26. RESOLUTION #2001-15 - Job Description For Swimming Pool Lead Office Clerk
Keith Wight presented Resolution #2001-15, establishing a job description for the Lead Office Clerk at the swimming pool complex. MOTION. Councilmember Wheeler moved that Resolution #2001-15 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Piccolo and carried.
27. BETTY RUDEN - Reclassification Approved
Keith Wight recommended that Betty Ruden, Swimming Pool Office Clerk be reclassified to Grade 7, Lead Office Clerk, effective September 1, 2001. MOTION. Councilmember Wheeler moved that the reclassification be approved. Motion seconded by Councilmember Denison and carried.
28. PRICE RIVER WATER IMPROVEMENT DISTRICT - Update
Councilmember Denison reported that Price City staff and Price River Water Improvement District staff have scheduled a meeting with Mark Express Chevron located on Carbonville Road regarding the sewer issue. The meeting is scheduled for Monday, August 13, 2001, at 8:00 a.m. in the Conference Room at City Hall.
Councilmember Denison reported that Price River Water Improvement District has been contacted by the Division of Wildlife Resources regarding the fishing pond in Helper and the District‘s sewer line that is located underneath the pond. The District agreed to help with the project, but not through a financial standpoint or labor as it is during their busy time. They helped with the bidding process and actually awarded the contract. The sewer line will be replaced so that it is no longer a concrete line joined every 4 feet. It will be seamless polyethylene that will be fused together.
29. INTERNATIONAL DAYS - Committee Report
Councilmember Tatton reported that the International Days events went very well. There were over 100 booths in the park and the parade had no problems. The Police Department seemed to feel everything went smooth. The park was cleaned and ready for reservations by Sunday. Next years International Days events will be July 25th , 26th and 27th.
30. WATER TRANSMISSION LINE - Update On Funding
Councilmember Denison reported that the Community Impact Board has scheduled a meeting for tomorrow, Thursday, August 9th, to finalize the funding for the Water Transmission Line. It has been recommended to loan $2.5 million dollars - $1.25 million at 2 1/2% interest and $1.25 million at 0% interest. At this point, everything is in line for that to go through. In addition, a meeting has been scheduled for Friday, August 10th to meet with the board of Water Resources for funding. At this time, their recommendation is $3.75 million dollars at 1 1/2% interest.
31. USE OF CITY PARKING LOTS - Committee Report
Gary Sonntag reported that the committee appointed to review the use of City parking lots established the signs that they felt appropriate for the City Hall parking lot, and the 400 West and 500 North parking lots.
32. CLASS “C” ROAD IMPROVEMENTS - Contracts Awarded
Councilmember Nikas reported that the committee appointed to review the bids received for the Class “C” Road Improvements awarded the following contracts.
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Road Construction, Schedule A - Henrie Construction $65,530.00
Crack Sealing, Schedule B - Asphalt Guard, Inc. $21,199.00
Slurry Seal #2, Schedule C - Asphalt Guard, Inc. $86,361.99
Pavement Overlays, Schedule D - Nielson Const. $35,175.00
Traffic Paint Striping, Schedule E - Nielson Const. $11,400.00
Bid Schedules A, B, C and D were under budget and under engineers’s estimates with a leeway of about $45,000. There was only one bid on Paint Striping which was over the engineer’s estimate, but significantly below what it was two years ago. The bidder, Nielsen Construction, was contacted and they indicated that they received 3 bids from the 3 major paint contractors in the state and that they submitted their lowest bid, which was this one. The committee felt it was not necessary to go out and ask those 3 painting contractors for another bid. The Paint Striping bid was $11,400, and the engineer’s estimate was $9,500. As most of the items came under budget, the committee discussed whether to add more roads and it was suggested that we not add more at this time. There are some issues with the other areas in the City that may need attention.
Meeting adjourned at 7:52 p.m.
ATTEST: Lou Colosimo, Mayor
Joanne Lessar, City Recorder