Minutes of The Price City Council Meeting
City Hall: Price, Utah
September 12, 2001, 5:30 p.m.
Councilmembers: Vernon W. Jones, Community Administrator
Roy A. Nikas Joanne Lessar, City Recorder
Betty P. Wheeler Pat Larsen, Finance Director
Joe L. Piccolo Gary Sonntag, PWD/City Engineer
Stephen L. Denison Keith Wiught, Human Resource Director
Richard Tatton Aleck Shilaos, Chief of Police
Excused: Mayor Lou Colosimo
Nick Sampinos, City Attorney
Dusty Moore Trent Hughes Gary Turner Derek Gale
Brian Oakley Ben Kilbourne Pete Kilbourne Mike Curtis
Mike Hughes Brian Allred Steve Peters Sherrill Burge
Erica Kardelis Karon Mills Kevin Ashby Kay Burton
Alex Markakis Robert Etzel John Serfustini
Councilmember Nikas led the Pledge of Allegiance. Roll was called with the above members present.
Councilmember Nikas requested a moment of silence for those who were injured and lost their lives in the recent terrorist attacks in New York City and Washington, D.C. on Tuesday, September 11, 2001.
1. MAYOR PROTEMPORE - Councilmember Stephen L. Denison
MOTION. Councilmember Piccolo moved that in the absence of Mayor Lou Colosimo, that Councilmember Stephen L. Denison be appointed Mayor Protempore. Motion seconded by Councilmember Tatton and carried.
2. MINUTES - August 22, 2001
MOTION. Councilmember Piccolo moved that the minutes of the August 22, 2001 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.
3. HOUSING AUTHORITY STORAGE MAINTENANCE SHED - Development Improvement Agreement Bond Requirements Waived
Sherrill Burge, representing the Housing Authority of Carbon County, presented plans to construct a storage facility at approximately 300 South 1600 East. She requested that the bonding requirements in the Development Improvement Agreement be waived. She is confident that this project will be eligible for a CDBG grant, which could then be used to install the public improvements. However, if for some reason they do not receive the grant, the Housing Authority will install the improvements on their own. MOTION. Councilmember Piccolo moved that the bonding requirements in the Development Improvement Agreement be waived and that the Housing Authority be given two years to complete the improvements. Motion seconded by Councilmember Tatton and carried.
4. COAL COUNTRY HOUSING - Placement of Olympic House At 4th South 4th East
Erica Kardelis, representing Coal Country Housing, reported that in order to house additional people during the Winter Olympics, which is scheduled to be held in Utah in February, 2002, the Olympic Committee has purchased several modular homes at cost. These homes will be placed in Heber, Utah, and will be available for purchase after the Olympics. Coal Country Housing has purchased one of these homes which will be used exclusively for low income housing. They plan to demolish an existing home on the corner of 4th South and 4th East (outside City limits) and place this modular home in its place. She presented this item for information only.
5. BICYCLE PARK PROPOSAL -Tabled - Committee Formed
Ben Kilbourne and Derek Gale presented a proposal for the skate park. The proposal
September 12, 2001
recommended that bicycles be allowed on the existing skate park and that more obstacles be built. They recommended a trial period be held to determine if this will work. They feel that the present park can accommodate both bicycles and skate boards. When the skate park first opened, it was too crowded as it was a “new thing”. Only a small group of people use the park all the time and the others use it once in a while. Councilmember Tatton cautioned that bicycles are not only used by older kids, but smaller kids as well, plus mountain bikes. MOTION. Councilmember Tatton moved that the item be tabled and that a committee, consisting of Gary Sonntag, Lyle Bauer, Suda Merriman, and Aleck Shilaos, be appointed to review it and report back to the Council. Motion seconded by Councilmember Nikas and carried.
6. SUN ADVOCATE - Ad For Business and Industry Review Approved
MOTION. Councilmember Nikas moved that a 2" x 5" ad in the amount of $106.00 be purchased for the Sun Advocate Business and Industry Review. Motion seconded by Councilmember Piccolo and carried.
7. 2001 FLEET INVENTORY - Presentation
Brian Allred, Shop Supervisor, presented an inventory of the City’s fleet. The inventory includes complete details of each vehicle, such as their age, mileage, repairs, etc. Councilmember Piccolo thanked Mr. Allred for his diligence in getting this completed.
8. OUTSIDE WATER USERS AGREEMENT APPROVED - Steve Peters
Mayor Protem Denison presented a request for an outside water users agreement for Steve Peters, 2325 Carbonville Road. A 3/4" water line is already in place and Mr. Peters would like to increase it to 1". Mr. Peters would need to pay the connection fee of $25.00, a deposit of $30.00, $700.00 to upgrade to a 1" line, and $200.00 for the meter. MOTION. Councilmember Piccolo moved that the Outside Water Users Agreement be approved upon payment of the necessary fees. Motion seconded by Councilmember Nikas and carried.
9. OLYMPIC FLAGS - Permission To Purchase
Councilmember Tatton reported that the State has provided matching grants to purchase Olympic flags to fly within Price City during the Winter Olympics scheduled in Utah in February, 2002. He presented a brochure that outlined various packages containing stickers, banners, and flags and recommended that the City participate. Karon Mills, Chamber of Commerce, stated that the State has budgeted $1 million as matching funds for all the cities and towns in the state. According to the population, they will match up to $3,500. MOTION. Councilmember Piccolo moved that up to $5,000 ($2,500 from the City and $2,500 from the State) be expended for a selected package and that the funds be taken out of the Transient Room Tax. Further, that a committee, comprised of himself, Councilmember Tatton, Gary Sonntag, Karon Mills, and Suda Merriman, be appointed to review the packages and authorized to make a selection. Motion seconded by Councilmember Wheeler and carried.
10. OLIVETO PARKING LOT GRAVEL - Approved
Councilmember Piccolo recommended that during the time that Main Street from Carbon Avenue to 3rd East is reconstructed, that the City place gravel on the Oliveto Parking lot located between Carbon Avenue and 1st East off of 1st South for use by the public. MOTION. Councilmember Piccolo moved that the gravel be approved and that the City Attorney prepare an agreement with the Oliveto family to be brought back before the Redevelopment Agency. Motion seconded by Councilmember Wheeler and carried.
11. QUICK SERVE - Home Occupied Business Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Brenda Quick to operate Quick Serve, a process serving business, at her home located at 848 North Homestead Blvd. MOTION. Councilmember Piccolo moved that the business be approved upon the purchase of a business license. Motion seconded by Councilmember Tatton and carried.
September 12, 2001
12. PRO REHAB PHYSICAL THERAPY, ORIGINAL AUTOMOTIVE, PRICE LAUNDRY, PECZUH PRINTING - Conditional Use Permits Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits per the stated contingencies to Price Laundry and Peczuh Printing.
Pro Rehab Physical Therapy - 590 East 100 North, Suite #1, Six Signs
Original Automotive - 175 South Carbon Avenue, Sign
Price Laundry - 441 East 100 North, Replacement of existing sign in public right-of-way. Contingent upon the sign being placed inside their property line.
Peczuh Printing - 301 East Main, Business Expansion. Contingent upon providing a sampling station.
MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued per the above contingencies. Motion seconded by Councilmember Wheeler and carried.
13. ANNEXATION PETITION - Northeast Price Accepted
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the petition to annex northeast Price. Included in this annexation is property owned by the State Trust Lands, 100 acres owned by the College of Eastern Utah, and property owned by Carbon County which includes the northeast baseball complex. MOTION. Councilmember Piccolo moved that the City be allowed to sign the annexation petition. Motion seconded by Councilmember Nikas and carried with the following vote.
Councilmember Nikas - Aye
Councilmember Wheeler - Aye
Councilmember Piccolo - Aye
Councilmember Tatton - Naye
MOTION. Councilmember Piccolo moved that the annexation petition be accepted. Motion seconded by Councilmember Nikas and carried.
14. WIX PLAZA - Extension of Parking Agreement - Denied
Vern Jones reported that per the request of the Council, a letter was issued to the adjacent property owners regarding the request of Richard Morley to lease City property for parking for Wix Plaza. Vern stated that he had two responses, one from the Methodist Church which was favorable, and one from Robert Etzel, owner of Mitchells Funeral Home. Robert Etzel expressed his concern that the parking lot should be open to the public and not leased to an individual. He referred to other parking lots within the City that are open to the public. Vern Jones stated that the recorded easement of the property dated in 1957 indicates that this is an established perpetual right-of-way to serve the parcels of land hereinabove described for all lawful purposes of entry and exit to said respective parcels. These parcels include all of what the City owns, plus the Methodist Church and Wix Plaza. Councilmember Nikas stated that there currently is not enough parking for City employees. He sees significant numbers of employee cars parked on the east side, in the public street and in front of the library. When there are groups of people using City Hall, parking is short. The City could easily use any parking stalls that are available. He feels the City shouldn’t lease it, that it should be open to the public. Councilmember Piccolo referred to descriptions on the plot map which indicates two different lot depths, one at
164' and one at 174'. He recommended that legal staff be directed to find out about this discrepancy. MOTION. Councilmember Nikas moved that based on increased demands to provide parking for its employees and City vehicles, that a letter be issued to Mr. Morley denying his request to extend the parking agreement that expired August 1, 2001. Motion seconded by Councilmember Piccolo and carried. MOTION. Councilmember Nikas moved that the City Attorney, including any professional staff from title companies, review the easement documents and bring it back to the Council as to what options the City has for this piece of property. Motion seconded by Councilmember Piccolo and carried.
September 12, 2001
15. BOB BENNETT, SUDA MERRIMAN, LYLE BAUER - Travel Approved
Mayor Protem Denison presented the following travel requests:
Bob Bennett - ICBO Bonneville Chapter, Building Codes Conference, October 2-5, Park City, Utah
Suda Merriman, Lyle Bauer - Statewide Conference On Walking and Bicycling, September 27, 28, Sandy, Utah
MOTION. Councilmember Wheeler moved that the travel requests be approved. Motion seconded by Councilmember Piccolo and carried.
16. ORDINANCE #2001-009 - Establishing Procedures and Defining Criteria For Issuing Rebates to Developers For Residential Electrical Services
Vern Jones presented Ordinance #2001-009, amending Section 13.20.055 of the Price Municipal Code, and establishing procedures and defining criteria for issuing rebates to developers for residential electrical services. MOTION. Councilmember Tatton moved that Ordinance #2001-009 be adopted, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication. Motion seconded by Councilmember Nikas and carried.
17. PRICE MAIN STREET RECONSTRUCTION - UDOT Agreement For Design and Construction Engineering
Councilmember Nikas presented an agreement with the Utah Department of Transportation for design and construction engineering on the Price Main Street Reconstruction. The agreement includes the federal and local matching amounts, with the City’s participation being $66,806.83. This amount is based on the projected estimated costs, of which the City has already participated in at an amount of $5, 798.17. MOTION. Councilmember Nikas moved that the agreement be approved and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Piccolo and carried.
18. PRICE MAIN STREET RECONSTRUCTION DESIGN - Sunrise Engineering - Partial Payment
Gary Sonntag presented a request for a partial payment in the amount of $4,002.64 submitted by Sunrise Engineering for work completed to date on the design of the Price Main Street Reconstruction. The Utah Department of Transportation will pay this invoice. MOTION. Councilmember Nikas moved that the partial payment be approved. Motion seconded by Councilmember Tatton and carried.
19. WATER TRANSMISSION LINE PROJECT - Hansen, Allen & Luce, Inc. - Partial Payment
Gary Sonntag presented a request for a partial payment in the amount of $68,974.10 submitted by Hansen, Allen & Luce, Inc., for their contract on the Water Transmission Line. MOTION. Councilmember Piccolo moved that the partial payment be approved. Motion seconded by Councilmember Wheeler and carried.
20. WATER TRANSMISSION PIPELINE REPLACEMENT - Policy On Connections
Gary Sonntag reported that with the pending installation of the water transmission line replacement, it is proposed that the pipeline be used solely as a transmission line and not allow individual connections, with the exception of existing connections that cannot be transferred to the existing 12" or 16" pipeline. He recommended that a policy be drafted and adopted by resolution so that this can be controlled. MOTION. Councilmember Piccolo moved that a committee, consisting of himself, Councilmember Denison, Gary Sonntag, and Sam White, be appointed to review it and bring it back to the Council. Motion seconded by Councilmember Wheeler and carried.
21. CLASS “C” ROAD IMPROVEMENTS (SLURRY SEAL) - Asphalt Guard, Inc. - Partial Payment
Gary Sonntag presented a request for a partial payment in the amount of $86,361.99 submitted by Asphalt Guard, Inc., for their contract on the Class “C” Road Improvements (slurry seal). As the clean up by this company has not yet been completed, it was recommended that 5% of the
September 12, 2001
requested payment be withheld until the clean up has been completed. MOTION. Councilmember Piccolo moved that the partial payment be paid less the 5% retainage until the clean up issue has been resolved. Motion seconded by Councilmember Tatton and carried.
22. PARKING LOTS (SLURRY SEAL) - Asphalt Guard, Inc. - Final Payment
Gary Sonntag presented a request for a final payment in the amount of $11,025.20 submitted by Asphalt Guard, Inc., for their contract to lay slurry seal #2 on the following parking lots: Parks Department, Terrace Hills Park and Rose Park in the amount of $3,910.92; City Hall and the Community Center for $1,935.08; and the Price Cemetery for $5,719.20. MOTION. Councilmember Nikas moved that the final payment be approved. Motion seconded by Councilmember Wheeler and carried.
23. RESOLUTION #2001-17 - Municipal Wastewater Planning Program
Gary Sonntag presented Resolution #2001-17, adopting a Municipal Wastewater Planning Program. The Council reviewed the program and made a few minor changes. MOTION. Councilmember Piccolo moved that Resolution #2001-17 be approved with the suggested changes and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Tatton and carried.
24. DESERT WAVE POOL SWIMMING FACILITY - Report
Gary Sonntag reported that the air inflation structure (bubble) was installed by City crews last week. The Yeadon Company delivered and installed the new air inflation unit. The wave pool was re-opened on Monday night.
25. SMUIN, RICH AND MARSING - Agreement For Audit Services
Pat Larsen presented the agreement with Smuin, Rich and Marsing to perform audit services in the amount of $9,700. MOTION. Councilmember Piccolo moved that the agreement be approved and that the Mayor be authorized to sign the agreement. Motion seconded by Councilmember Wheeler and carried.
26. NATHAN NORTON, KERI ODENDAHL - Reclassifications/Promotions Approved
Joanne Lessar reported that the Human Resource Director is recommending that Nathan Norton and Kerie Odendahl be reclassified/promoted to Swimming Pool Senior Lifeguards to replace employees who are terminating. MOTION. Councilmember Wheeler moved that the recommendation be approved. Motion seconded by Councilmember Piccolo and carried.
27. PRICE RIVER WATER IMPROVEMENT DISTRICT - Update
Mayor Protem Denison reported that in order to get ready for UDOT to widen Highway 6 between Wellington and Price, the Price River Water Improvement District has been working on the waterline. The size of the line will be upgraded and moved off to the side of the roadway.
28. HOME OPERATED BUSINESSES (REPAIR SHOPS) - Continuation of Current Ordinance
Vern Jones reported that the committee assigned to review the ordinance recently passed regarding home operated businesses, specifically repair shops, met and had quite a lengthy discussion. It was recommended to leave the ordinance as it is written. The gunsmith who requested a repair business at his home will be contacted and informed of the possibility of locating in the Business and Technical Assistance Center.
29. ORDINANCE #2001-010 - Establishing Multiple Family Buildings With Four Or More Single Family Dwellings As Commercial Accounts For Billing Monthly Service Charges
Councilmember Nikas presented an updated draft of Ordinance #2001-010, amending Section 13.12.050 of the Price Municipal Code establishing multiple family buildings containing four or more single family dwellings as commercial accounts for purpose of billing monthly service charges. Councilmember Nikas discussed the change that was made to the original ordinance.
September 12, 2001
MOTION. Councilmember Nikas moved that Ordinance #2001-010 be adopted, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication. Motion seconded by Councilmember Piccolo and carried.
MOTION. Councilmember Nikas moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Tatton and carried.
Meeting adjourned at 7:21 p.m.
Reconvened at 7:27 p.m.
Meeting adjourned at 7:39 p.m.
ATTEST: Stephen L. Denison, Mayor Protempore
Joanne Lessar, City Recorder