September 9, 1997, 5:30 p.m.
Mayor Lou Colosimo
Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo
Vern Jones (Adminis. Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Ed Shook (Police Lieutenant)
Excused: Councilmembers Steve Bringhurst, Stephen L. Denison
Cobb Johnson, Public Works Director
Others Present: Val Olsen, Terri Yelonek, Arvid Hass, Norma Procarione, Chris Scott, Willard Simkins, Kyle Rhodes, Jayson Jensen, Daniel Guthrie
Kyle Rhodes, Jayson Jensen, and Daniel Guthrie, members of Boy Scout Troop #299, led the Pledge of Allegiance. Mayor Colosimo called the roll with the above members in attendance.
1. CHRIS SCOTT - Repair of Tennis Courts
Chris Scott, who is handicapped and confined to a wheel chair, requested that the City repair the cracks in the tennis courts at South Price and Washington Park. He also asked that a handicap ramp be built at these locations. Mayor Colosimo assured him that this would be taken care of.
2. MINUTES - August 13, 1997
MOTION. Councilmember Wheeler moved that the minutes of the August 13, 1997 meeting be approved as written. Motion seconded by Councilmember Piccolo and carried.
3. MINUTES - August 27, 1997
The following correction was made to the minutes of August 27, 1997:
Item #14, Line 7 - Change 3', 3', and 3' to 1/3, 1/3, 1/3.
Line 8 - Change center 3' to center 1/3.
MOTION. Councilmember Nikas moved that upon the above correction, that the minutes be approved. Motion seconded by Councilmember Wheeler and carried.
4. NATIONAL DOMESTIC AWARENESS VIOLENCE MONTH - Contribution, Proclamation and Permission To Hang Banner and Clothes Line
Terry Yelonek and Val Olsen, representing the Division of Child and Family Services and the womens shelter, stated that October is National Domestic Violence Awareness Month. Ms. Yelonek requested that Mayor Colosimo proclaim October as Domestic Awareness Violence Month in Price and that permission be given to hang a banner across Main Street and that the fee be waived. She also requested permission to hang a clothes line at 90 North 100 East, to represent individuals who had been killed because of domestic violence. Councilmember Nikas stated that he did not feel comfortable waiving the banner charges, but recommended that a contribution be given to help offset that fee. MOTION. Councilmember Nikas moved that the proclamation, banner, and clothes line be approved and that a contribution of $50 be made to the organization. Motion seconded by Councilmember Wheeler and carried.
5. KNOCA (KIDS NIP OUT CHILD ABUSE) CHRISTMAS TREE REGALIA - Sponsorship Approved
Mayor Colosimo presented a letter from the KNOCA Christmas Tree Regalia fundraising committee inviting the City to act as a sponsor and purchase a Christmas tree. Councilmember Piccolo recommended that the City participate and that as an incentive, that City employees be asked to contribute towards this event. Councilmember Nikas recommended assigning a committee to help decorate the tree. MOTION. Councilmember Piccolo moved that the City sponsor a tree, and that each employee be asked to contribute $3.00. Motion seconded by Councilmember Wheeler and carried.
6. NOTRE DAME OKTOBERFEST - Special Event Beer Permit
MOTION. Councilmember Nikas moved that a special event beer permit be approved for the Notre Dame Oktoberfest to be held September 27th, from 11:00 a.m. to 7:00 p.m. Motion seconded by Councilmember Wheeler and carried.
7. SHERRILL MARX (GOOD SAM CLUB) - Rental Fees Waived For Washington Park Pavilion
MOTION. Councilmember Wheeler moved that the verbal approval given to waive rental fees for the use of Washington Park pavilion by the Good Sam Club be ratified and that the cleaning deposit be paid. Motion seconded by Councilmember Nikas and carried.
8. CARBON COUNTY HUMANE SOCIETY - Rental Fees Waived For Civic Auditorium
MOTION. Councilmember Wheeler moved that rental fees be waived for the use of the Civic Auditorium by the Carbon County Humane Society for the purpose of a benefit, but that hard costs be charged. Motion seconded by Councilmember Nikas and carried.
9. MICHELLE LEA - Enterprise Zone and Recycling Zone Application - Tabled
10. GARY ORTEGA - Parking Violation
Gary Ortega discussed a parking violation he received when he parked by the tennis courts. Because of the construction taking place and barricades, it was necessary for him to park between the curb line and adjacent property. Police Lt. Ed Shook stated that he discussed this with the officer who wrote the ticket and the officer reported that there were no barricades present when the ticket was issued. Mr. Ortega stated he did not see them take down the barricades. Mr. Ortega was informed that regardless of the barricades, he did not have the right to park between the curb line and adjacent property.
11. RESOLUTION #97-23 - Issuance and Confirming Sale of Price City, Utah Excise Tax Road Bonds, Series 1997
Vern Jones presented Resolution #97-23, authorizing the issuance and confirming the sale of the Price City, Utah, Excise Tax Road Bonds, Series 1997, in an aggregate principal amount of $184,000 for the purpose of defraying a part of the cost of constructing storm drainage system improvements within the Issuer and paying the costs of issuing said Bonds; prescribing the form of bond, the terms and conditions of issuance and retirement and the security therefor. MOTION. Councilmember Piccolo moved that Resolution #97-23 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.
12. PROCEDURES FOR NOTIFICATION OF SPECIAL MEETINGS - Direction To
Councilmember Nikas reported that based on the misunderstanding of the special meeting scheduled at the last Council Meeting, he would like staff to prepare a resolution regarding notification of special meetings. He recommended either a fax, hand delivery, or certified mail. MOTION. Councilmember Nikas moved that the City Attorney be directed to prepare the above resolution. Motion seconded by Councilmember Piccolo and carried.
13. PUBLIC NOTICE OF AGENDA ITEMS FOR SPECIAL MEETINGS - Direction To Prepare Resolution
Councilmember Nikas stated that when a special meeting is called for the express purpose of an item or items, that no additional items should be added prior to either the Council or public's awareness. There was an item added to the agenda that took place approximately 8 hours prior to the meeting. He does not believe this was adequate time for the public to be made aware of the item. It was not originally requested as an item at the special meeting. Councilmember Nikas recommended that public notice of agenda items for special meetings have a minimum of a 24 hour posted notice for the public. MOTION. Councilmember Nikas directed that the City Attorney prepare a resolution to that effect. Motion seconded by Councilmember Piccolo and carried.
14. CITY STANDARDS REVIEW - Discussion
Councilmember Nikas reported that in the special meeting held on September 2nd, approval was given to install a 9" curb and gutter to the residence of Bevan Young, 655 North 300 East. In addition, the entire west side of the block was approved for a 9" curb and gutter. He feels that the Planning and Zoning Commission, which approves the Minimum Standards for the City, should review those items, whether it apples to that block or another block. He feels Planning and Zoning should be involved to determine if there are areas in the City that should have these standards changed or modified. His recommendation is that Planning and Zoning review the City Standards with specific regards to the 6" and 9" gutter and report back to the Council. The Council discussed if approving the 9" curb on one side of the street could be substantiated as preferential treatment. Nick Sampinos agreed that there could be an argument by singling out that block. He would prefer to see it on a city-wide basis rather than limiting the discussion and decision to one half of the street within that area only. That flexibility has to be across the board or you could be accused of preferential treatment.
Councilmember Nikas reported that Cobb Johnson, Public Works Director, has tried to barrow forms from area contractors to install the 9" curb and gutter. He has been unable to find them, as they all have 6" forms. Cobb reports that it will cost $2,000 to purchase 9" forms for this particular project, involving the one house and potentially extending it to future property owners on that block. The main point is that Planning and Zoning approved the City Standards, but was not involved in the discussion in changing that particular block to a 9" curb. Councilmember Piccolo stated that in the Planning and Zoning Commission meeting held last night, this was discussed and there were some boardmembers that expressed concern. Some felt it was perfectly fine, and some felt it was a violation of the minimum standards that was recently voted on and accepted by the Commission and the Council. He feels the Commission should be involved and will discuss this with them at their next meeting. MOTION. Councilmember Piccolo moved that this item be revisited again and directed that it be placed on the agenda for the September 24th meeting. Motion seconded by Councilmember Nikas and carried.
15. MANTZ COMMUNICATIONS, BRENT ANDERSON CONSTRUCTION, DINO LAND PRESCHOOL AND ACTIVITY CENTER, VIRTUAL CONCEPTS, MORTGAGE SERVICE - Home Occupied Businesses Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following home occupied businesses:
Mantz Communications - 377 North 500 East, Eric Mantz-Owner
Brent Anderson Construction - 347 North 600 East, Brent L. Anderson-Owner
Dino Land Preschool & Activity Center - 285 West 200 North, Rachel Twitchell-Owner
Virtual Concepts-Mortgage Service - 15 East 600 North, Joshua Campbell-Owner
MOTION. Councilmember Piccolo moved that the businesses be approved upon payment of the business license fee. Motion seconded by Councilmember Wheeler and carried.
16. FRANK AND BRENDA PECZUH - Board of Adjustment Request - Struck
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the Board of Adjustments for a variance for Frank and Brenda Peczuh, 1585 East 800 North, to construct a garage on the east side of their home. Their home faces south and the cul-de-sac is on the east side. They need an 8' variance in order to place the garage in this area. They will enter from the east side instead of from the south side of the street. Councilmember Nikas questioned if the Council had the final decision if they didn't agree with the Board of Adjustments. If the Council makes a recommendation to the Board of Adjustments to approve this or any comment, pro or con or none, then it would give them an indication of how they felt. He would feel more comfortable to have such requests go directly to the Board of Adjustments, and then after their decision, the Council could either agree or disagree. MOTION. Councilmember Piccolo moved that this be stricken from the agenda until the Board of Adjustments makes their decision and refers it back to Council. Motion seconded by Councilmember Nikas and carried.
17. CENTRAL UTAH PSYCHOLOGICAL SERVICES, TLO ENTERPRISES DBA OGDEN'S CARPET OUTLET - 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:
Central Utah Psychological Services - 375 South Carbon Avenue (BTAC), Aaron Jackson-Owner
TCO Enterprises dba Ogden's Carpet Outlet - 718 East Main, Elizabeth Oviatt-Manager - Contingent upon a rear exit.
MOTION. Councilmember Piccolo moved that the requests be approved, that Conditional Use Permits be issued, and that they purchase the proper business license as required. Motion seconded by Councilmember Wheeler and carried.
18. SWIMMING POOL LIFEGUARDS - Request For Reclassification - Tabled
19. 800 NORTH STORM DRAINAGE PROJECT - Special Meeting Scheduled For Bid Opening
MOTION. Councilmember Piccolo moved that a special meeting be scheduled for Wednesday, October 1st, 5:30 p.m. to receive bids for the 800 North Storm Drainage Project. Motion seconded by Councilmember Nikas and carried.
20. CLASS "C" ROAD WORK AND CEMETERY ROADS (CRACK SEALING) - Superior Asphalt Company - Change Order, Final Payment Approved
Gary Sonntag presented a change order and final payment request submitted by Superior Asphalt Co., for their contract on the Class "C" Road Work and Cemetery Roads (crack sealing). The change order increases the total tonnage of asphalt used for crack sealing. However, due to the cancellation on the contract to seal the concrete joints in the cemetery, the contract was decreased. Due to the above changes, the contract increased from $14,008.00 to $14,384.68. He requested that the change order and final payment be approved MOTION. Councilmember Nikas moved that the change order and final payment be approved. Motion seconded by Councilmember Piccolo and carried.
21. MAIN STREET PROJECT - The Engineer Group - Partial Payment #8
Gary Sonntag reported that The Engineering Group has submitted an invoice in the amount of $24,504.02 for work completed to date on the Main Street Project, which most recently has been construction engineering. This amount will be paid by the Utah Department Of Transportation. MOTION. Councilmember Nikas moved that the above payment be approved for payment by UDOT. Motion seconded by Councilmember Wheeler and carried.
22. BUSINESS LICENSE APPLICATION - Approved
The following business license application was received:
Daniel C. Monahan, M.D., 280 North Hospital Drive #5, Daniel Physician (80.1) $50 Half Year Fee
MOTION. Councilmember Piccolo moved that the business be approved contingent upon approval by the Fire Chief and Building Inspector. Motion seconded by Councilmember Wheeler and carried.
23. PRICE COMMUNITY CENTER RENTAL CONTRACTS - Carbon County Interlocal Agreement, Carbon Recreation, Carbon County Chamber of Commerce, Carbon County Travel Bureau
Vern Jones presented the interlocal contract with Carbon County regarding the cooperative agreement to rent floor space to the Carbon County Chamber of Commerce, Carbon County Travel Bureau, Carbon County Recreation & Leisure Services and the Carbon County Future Economic Development. He also presented individual contracts with the Carbon County Chamber of Commerce, Carbon County Travel Bureau, and Carbon Recreation for their rental agreements. MOTION. Councilmember Wheeler moved that the contracts be approved and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Nikas and carried.
24. LARRYS BLUE WATER BOAT REPAIR - Update
Councilmember Piccolo reported that he contacted Larry Blanc and informed him that the Council decided to allow him temporary use of the parking lot adjacent to his business provided he or the property owner agrees to pave it within the next 12 months. Up to this point, Mr. Wheeler had not contacted him for a decision on the asphalt.
25. LIBRARY AIDE POSITION - Update
Norma Procarione, Librarian, presented information regarding her request for a part time Library Aide to replace an aide who was reclassified full time. The Council stated they would review the information and get back to her.
26. NOTRE DAME REGIONAL SCHOOL - Building Permit Fees Waived
MOTION. Councilmember Piccolo moved that building permit fees be waived for the reroof of the Notre Dame Regional School. Motion seconded by Councilmember Nikas and carried.
MOTION. Councilmember Piccolo moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Nikas and carried.
Meeting adjourned at 6:50 p.m.
Reconvened at 6:57 p.m.
Meeting adjourned at 7:07 p.m.