August 27, 1997, 5:30 p.m.
Mayor Lou Colosimo
Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison
Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Aleck Shilaos (Chief of Police)
Excused: Vern Jones (Administrative Assistant), Cobb Johnson (Public Works Director)
Others Present: Mandee Krajnc, Anna Madrigal, Mary Bowers, Timothy Bowers, Dale L. Terry, Barbara Terry, Marty W. Martak, Chris Kavros, Vincent Chavira, Tammy Chavira
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. MARTY MARTAK, CHRIS CAVROS - Parking Petition For 3rd North Street
Marty Martak and Chris Cavros presented a petition from residents living on 3rd North to remove the "no parking signs" on 3rd North Street between 4th and 5th East. Mayor Colosimo stated that a decision cannot be made tonight, but that staff will review the request.
2. YOUTH CITY COUNCIL SWEARING IN
Joanne Lessar conducted the swearing in of the following Youth City Council - Valerie Nowak, Mayor; Councilmembers Michelle Leo, Melissa Johnson, Mandee Krajnc, Anna Madrigal.
3. GEORGINA NOWAK - Seat Belt Usage, Tobacco Sales
Georgina Nowak discussed the usage of seat belts and stated that she has observed City employees driving City vehicles and not using seat belts. She asked the Council to remind their employees to "buckle up". Ms. Nowak also discussed the sale of tobacco. Utah law states that it is illegal to buy, use or possess tobacco under the age of 19. Out of the eleven retailers screened over the past month in the City, seven sold tobacco to underage individuals. She is working to change this situation. Mayor Colosimo thanked Ms. Nowak for her information.
4. DALE L. TERRY - Proposal For Ridge Road Property - Reappraisal
Dale L. Terry presented a proposal to purchase 57.43 acres of Price City property located on Ridge Road for $550/acre. This past spring, the City advertised the property for sale with a minimum bid of $1,200/acre. Mr. Terry referred to 3 recent incidents where property in this area sold for $291/acre to $500/acre. The appraiser who conducted the appraisal on the City property indicated to him that he did not have anything to compare with when he did the appraisal. Mr. Terry feels his proposal is fair and equitable. MOTION. Councilmember Nikas moved that the property be reappraised and brought back to the Council for review. Motion seconded by Councilmember Denison and carried.
5. TIMOTHY L. BOWERS - Request To Rent Office Space At Price Community Center - Denied
Timothy L. Bowers, a clinical Psychologist, requested permission to rent office space in the Price Community Center. Councilmember Nikas stated that the Council previously denied a request by a non-government agency. He recommended that Mr. Bowers contact the Business and Technical Assistance Center as they have a program for new businesses and may have an office for him. Mayor Colosimo thanked Mr. Bowers for his interest in the building, but as of now, the Council is denying commercial requests.
6. NOTRE DAME REGIONAL SCHOOL - Request To Waive Building Permit Fee - Tabled
Mayor Colosimo presented a letter from the Notre Dame Regional School requesting that building permit fees be waived for repair of their cafeteria roof. The cost of the building permit is $208.31. The Council discussed whether other schools and non-profit organizations have received a waiver of fees. MOTION. Councilmember Nikas moved that the request be tabled for further review. Motion seconded by Councilmember Bringhurst and carried.
7. STATE OF UTAH, DIVISION OF WILDLIFE RESOURCES - Fishing Access On Price River
Mayor Colosimo presented a letter from Miles Moretti, Regional Supervisor for the State of Utah, Division of Wildlife Resources, in response to the City's letter to them regarding fishing access on the Price River. The City had expressed concerns regarding overnight camping, water quality, and liability exposure to Price City. Mr. Moretti indicated they obtained a Highway Right-of-Way encroachment permit from the Utah Department of Transportation to place fishing access signs near the Ford Creek Bridge and the Lynn Bridge. As fishing is already occurring at both sites, they intend to provide safe access to areas along the Price River and are not encouraging overnight camping. They feel Price City does not need to assume any liability because signs will be placed on the UDOT right-of-way encouraging anglers to pack out their trash. The Council expressed opposition to the project, and felt the signs will encourage more people to fish. MOTION. Councilmember Nikas moved that Mr. Sampinos be directed to write a letter to Mr. Moretti strongly opposing this project, that the entire Council sign the letter and that copies be distributed to Price River Water Improvement District, the State Division of Environmental Quality, and the Utah Department of Transportation. Motion seconded by Councilmember Piccolo and carried.
8. RAY MORLEY - Encroachment In Right-of-Way (Sign) Denied
The Council discussed the request of Ray Morley for permission to encroach upon the City's right-of-way for a sign for the Price River Drive Business Park. At the last meeting, the request was referred to the Board of Adjustments. However, it has been determined that the BOA is not authorized to approve anything in the City's right-of-way. MOTION. Councilmember Nikas moved that the encroachment permit be denied and that Mr. Morley be required to follow the original requirements as set forth by the Planning and Zoning Commission and concurred by the City Council. Motion seconded by Councilmember Denison and carried.
9. UNDERPASS RED ROCK - Discussion of Disposition
Councilmember Denison reported that he has been approached by an individual desiring to purchase a piece of the red rock that has been removed from the underpass during reconstruction of that roadway. Gary Sonntag recommended that the rock not be sold until it is determined if it can be used in the park or road system. The Council agreed with the recommendation.
10. RED CROSS CERTIFICATION INSTRUCTOR - Permission To Advertise -Tabled
Mayor Colosimo reported that the Swimming Pool is requesting permission to hire a part time Red Cross Certification Instructor. Councilmember Denison reported that this position was created and budgeted because it was felt it would be cheaper for the City to hire a part time instructor as opposed to contracting it out. Joanne Lessar stated that the job description did not indicate a classification, and she will need this before it is advertised. Pat Larsen stated that the 1997/98 Budget indicates a Grade 10. MOTION. Councilmember Denison moved that the position be advertised and that the classification be set as budgeted. Further, if the classification has not been set, and it is classified other than what has been budgeted, that it be brought before the Council again. Motion seconded by Councilmember Bringhurst and carried.
The Council revisited this item again. Pat Larsen found that in March, 1997, $495 was paid for lifeguard training and $105 for CPR training. This was done again in April, plus another $400 for WSI training. This totals $1,600. The above motion was rescinded and the item tabled.
11. LIBRARY AIDE POSITION - Permission To Advertise - Tabled
12. VERN JONES, KATHRYN BURNHAM, ALECK SHILAOS, COBB JOHNSON, GARY SONNTAG, GARY KUTKAS
Mayor Colosimo presented the following travel requests:
Vern Jones, Kathryn Burnham, Aleck Shilaos, Cobb Johnson, Gary Sonntag, Gary Kutkas - Utah League of Cities and Towns Convention, September 10-12, Salt Lake
MOTION. Councilmember Piccolo moved that the travel be approved. Motion seconded by Councilmember Denison and carried.
13. PER DIEM FOR UTAH LEAGUE OF CITIES AND TOWNS - Approved
MOTION. Councilmember Nikas moved that a per diem of $45/day be set for those attending the Utah League of Cities and Towns Convention in Salt Lake, September 10-12. Motion seconded by Councilmember Piccolo and carried.
14. MAIN STREET SIDEWALK CONSTRUCTION PROJECT - Concrete Approved
Councilmember Nikas reported that the concrete sidewalk on Main Street needs to be replaced from the east corner of the Century Cafe to the east side of the Price Hotel. One of the ideas to form the concrete was to place 6' with pavers and the other 6' with concrete, meaning the replacement would be completed in two pours. If it was decided to use pavers at a future time, only half of the concrete would be removed. The other idea was to go with concrete in threes, 3', 3', and 3'. And again, if pavers were to be put in at a future date, only the center 3' of concrete would have to be removed. The Council directed that the concrete be poured in three foot sections.
15. INVENTORY OF STREETS AND ROADS - T Square Proposal Approved
MOTION. Councilmember Nikas moved that the verbal approval for T Square to conduct an inventory of City streets and roads be ratified. Motion seconded by Councilmember Denison and carried.
16. LOCAL CONSENT FOR BEER DISTRIBUTION (NOT FOR RESALE)
Councilmember Nikas reported that in the past, the City has approved requests for single event beer permits. This enables the beer retailer to sell them a keg of beer. At this point, the City does not issue permits for events where beer is given away, such as parties, weddings, etc. Does the City want to allow some kind of process, such as through a committee, whereby the City could give local consent with a "not for resale" stamped on the permit? The Council agreed to the concept. Councilmember Nikas recommended that if the City wanted to go this route and if that event involved a City building, such as a wedding in the park and they wanted a keg, that it be brought before the Council. MOTION. After further discussion, Councilmember Nikas moved that a procedure be established where the Business Licensing Dept. and the Police Dept. be allowed to issue local consent forms for keg beer distribution for "not for sale" events, and that the approval by the committee does not include property owned or leased by the City. Motion seconded by Councilmember Bringhurst and carried.
17. HEALING HANDS RELIEF, AREA 51-NEUTRAL ZONE, HOGI-YOGI RESTAURANT - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits.
Healing Hands Relief - 23 South Carbon Avenue, #14, Permanent Sign
Area 51-Neutral Zone - 58 West Main, Sign
Hogi Yogi Restaurant - 830 East Main, Sign
MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Denison and carried.
18. LARRY'S BLUE WATER BOAT REPAIR - 60 South 700 East - Tabled
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Larry P. Blanc to operate a boat repair business at 60 South 700 East provided that the boats be parked in the paved area only. Mr. Blanc agreed to park the boats in the paved area only. Councilmember Piccolo visited the facility and found it is not possible. The paved area is not large enough, and if the boats are parked on the pavement, it would not allow him to enter the building. The Commission also approved one pole sign and one facia sign. Councilmember Piccolo felt it is an unreasonable request if we allow him to stay in business in this area and require this. His suggestion would be for either Mr. Blanc or Mr. Etzel to agree to pave the area within a 12 month period and in the interim, allow him to use the graveled area. MOTION. Councilmember Piccolo moved that the item be tabled for further review. Motion seconded by Councilmember Denison and carried.
19. PURCHASE OF XEROX DC20 COPIER/FAX - Approved
MOTION. Councilmember Piccolo moved that permission be given to the Police Department to purchase a Xerox DC20 Copier/Fax through the State bid at a cost of $6,400. Motion seconded by Councilmember Nikas and carried.
20. CLASS "C" ROAD IMPROVEMENTS & BULK MATERIALS 1996, PROJECT #8C-96 - Contract Closeout With Valley Asphalt
Gary Sonntag requested permission to close out the contract with Valley Asphalt for the Class "C" Road Improvements and Bulk Materials 1996, Project #8C-96. Valley Asphalt had Schedules A & B (overlays and bulk materials). All of the materials have been provided and the work has been done. Change Order #2 decreased the contract $2,073.14 and adjusted the quantities of hot mix and cold mix. The final contract amount is $96,122.23, with all payments made. MOTION. Councilmember Nikas moved that Change Order #2 be approved and that the contract with Valley Asphalt be closed. Motion seconded by Councilmember Piccolo and carried.
21. CLASS "C" ROAD IMPROVEMENTS & BULK MATERIALS 1996, PROJECT #8C-96 - Contract Closeout With Henrie Const.
Gary Sonntag requested permission to close out the contract with Henrie Construction for the Class "C" Road Improvements and Bulk Materials 1996, Project #8C-96. Henrie Construction had Schedule C (gravel). All of the required material has been provided. Change Order #1 decreased the contract $5,283.06, and adjusted the quantity of gravel. The final contract amount is $8,216.94, with all payments made. MOTION. Councilmember Nikas moved that Change Order #1 be approved and that the contract with Henrie Construction be closed. Motion seconded by Councilmember Bringhurst and carried.
22. SUPER 8 MOTEL - Final Release of Development Improvement Agreement and Letter of Credit
Gary Sonntag reported that Super 8 Motel has requested release of their Development Improvement Agreement and Letter of Credit and the funds in escrow of $2,322.00. He recommended approval as they have completed all of the improvements and the one year waiting period has passed. MOTION. Councilmember Piccolo moved that the Development Improvement Agreement and Letter of Credit and funds in escrow be released as requested. Motion seconded by Councilmember Nikas and carried.
23. MAIN STREET PROJECT, UDOT STP-1342(1)0 - Flare Construction - Change Order #1, #2
Gary Sonntag presented Change Orders #1 and #2 to the contract with Flare Construction on the Main Street Project, UDOT STP-1342(1)0. Change Order #1 increased the contract $2.77, which was the result of changing the measurement on granular borrow from metric ton to cubic meter. Change Order #2 decreased the contract $1,524.38, which was a result of a change in a section of waterline between 100 West and 200 West from Class 200 instead of C900 Class 150. The original construction contract amount was $516,289.81. The adjusted contract amount is $514,768.20. MOTION. Councilmember Nikas moved that Change Orders #1 and #2 be approved and that the Mayor be authorized to sign the Change Orders. Motion seconded by Councilmember Bringhurst and carried.
24. MARTY OLSEN/M&S BUILDERS, INC. - Street Improvements, 520 South 100 West (Development Improvement Agreement)
Gary Sonntag reported that Marty Olsen, M & S Builders, Inc., has failed to comply with the terms of the Development Agreement dated August 28, 1996 to have street improvements at 520 South 100 West installed within one year and to maintain sufficient guarantee funds in a letter of credit escrow account. Mr. Olsen needs to request an extension of time as well as upgrade the Letter of Credit. Failure to do this can result in legal action. After his discussion with Mr. Sampinos, it was recommended that a letter be issued to Mr. Olsen requesting him to comply with the terms of the agreement or a suit would be initiated. Mr. Sampinos stated that he talked to Marty Olsen, Sr., and Mr. Olsen assured him that this would be taken care of. However, as of today, he has not heard from the banker. In addition, Marty Olsen, Jr., contacted Gary and indicated that the improvements would be taken care of, but there was no indication that he was going to renew the Letter of Credit. Both he and Gary are unsure who signed the agreement, whether it was Marty Olsen, Sr. or Marty Olsen, Jr. Because of the confusion, he would like to send one more letter outlining exactly what is needed and set a deadline. The letter would also indicate if they don't comply, the City has instructed him to proceed with a breach of contract lawsuit against them for enforcement of the provisions in the Improvement Agreement. MOTION. Councilmember Bringhurst moved that Mr. Sampinos be directed to send the above letter as recommended. Motion seconded by Councilmember Denison and carried.
25. 800 NORTH STORM DRAINAGE PROJECT - Johansen and Tuttle Engineering - Partial Payment
MOTION. Councilmember Nikas moved that a partial payment in the amount of $989.00 be paid to Johansen and Tuttle Engineering for the design work of the 800 North Storm Drainage Project. Motion seconded by Councilmember Bringhurst and carried.
26. DRAFTING PLOTTER - Permission To Advertise For Bids
MOTION. Councilmember Piccolo moved that permission be given to advertise for bids to purchase a Hewlett Packard Design Jet 750C Color Plotter. Motion seconded by Councilmember Denison and carried.
27. 10 MILLION GALLON WATER TANK - CRS Consulting Engineers - Partial Payment
MOTION. Councilmember Piccolo moved that a partial payment in the amount of $1,968.00 be paid to CRS Engineering for their contract on the 10 million gallon water tank. Motion seconded by Councilmember Denison and carried.
28. BUSINESS LICENSE APPLICATION
The following business license application was received:
Sherry's Body and Paint, 50 North 300 West, Jeff & Sherry Rutherford-Partners, Automotive Repair Shop (75.3), $50 Half Year Fee
Councilmember Nikas discussed the business license application form and the fact that there is not a spot on the application for the Fire Chief to sign his approval. He would like the Fire Chief to have the option of reviewing new businesses, especially for fire protection. MOTION. Councilmember Nikas moved that the business be approved subject to review by the Fire Chief. Motion seconded by Councilmember Piccolo and carried. The Council further directed that a spot on the Business License Application be modified to include approval by the Fire Chief.
29. MAIN STREET TREES - Procedure To Remove and Replace Trees Approved
Councilmember Bringhurst reported that the Shade Tree Commission met to discuss the downtown trees. They reviewed the trees in front of Lee's Music and the Silver Dollar. The one in front of the Silver Dollar is blocking the marquee at the Crown Theater as well as possibly causing cracks in the sidewalk. It's difficult to say whether the tree is causing the cracking, as it seems all the sidewalks have cracks. The tree in front of the Silver Dollar was recently trimmed and at this time, is not blocking the marquee. The Commission recommended that the tree at the Silver Dollar remain and that the tree at Lees Music be removed and replaced. They recommended a fee of $200 be set on the replacement, which includes $50 to cut the cement, $50 to replace the tree and $100 for the value of the tree. Basically speaking, a 7-10 year old tree would be valued at $1,000. The City would pay $100 and the owner would pay $100. The Commission also recommended that the tree previously removed in front of Far West Bank be replaced and an invoice for $100 be sent to Far West Bank. The Shade Tree Commission also asked that before any tree is removed, that it come before the Shade Tree Commission for review.
Councilmember Piccolo felt that Far West Bank should be contacted about the installation of another tree instead of just putting one in and invoicing them. MOTION. After further discussion, Councilmember Bringhurst moved that the removal of the tree in front of the Silver Dollar be denied, that the tree in front of Lee's Music be removed if the owner is willing to pay the $100 for replacement, and that Far West Bank be contacted to replace the tree previously removed and to provide $100 for the replacement. Motion seconded by Councilmember Denison and carried.
30. CURB AND GUTTER MINIMUM STANDARDS - Special Meeting Scheduled
At the August 13th meeting, the Council discussed the request of Bevan Young, 655 North 300 East, to replace his curb and gutter with 9" of concrete. The item was tabled for further review by the City Attorney. To provide some background on this, Councilmember Nikas stated that approximately 18 years ago, the City started replacing 9" curb and gutter with 6" to avoid overshot driveways. As the streets increased in height from overlays, homeowners began having problems. Some of them put steel grates in the 9" curbs, some even went to the point of putting in asphalt or concrete to build them up so they would not have the high centering problem on motorhomes, trailers, etc. Secondly, they are susceptible to being hit by cars, plus snow plows beat them up in the winter. Third, the kids play in the gutters and clutter them up with debris and leaves. Councilmember Nikas stated that he does not feel comfortable with the 9" curb and gutter. As this item is not on the agenda for action at this meeting, and the entire Council will not be available for the September 9th meeting, the Council scheduled a special meeting for Tuesday, September 2nd at 5:00 p.m.
Meeting adjourned at 8:12 p.m.