October 8, 1997, 5:30 p.m.
Mayor Lou Colosimo
Councilmembers: Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst
Vern Jones (Administrative Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Gary Sonntag (City Engineer), Nick Sampinos (City Attorney), Aleck Shilaos (Chief of Police)
Excused: Councilmember Stephen L. Denison
Others Present: J. Brian Wing, Lindsey Wing, Jim Schampel, Jon Anast
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. COMPLAINT ON SPEEDING MOTORISTS - SMITH DRIVE
Jana Hoyt, 920 North Smith Drive, stated that motorists driving along Smith Drive are still driving too fast. Taking out the dip may have deterred the high school kids, but the residents are still speeding. She asked that something be done to control the speed, such as erecting speed limit signs. Councilmember Nikas recommended that the committee assigned to review this issue meet and make some recommendations. Ms. Hoyt indicated that she would be on the committee along with residents Theresa Hackford and Lane Miller.
2. MINUTES - September 19, 1997
The following correction was made to the minutes of the September 19, 1997 meeting.
Paragraph 1, line 7, delete "on either side of the center line".
Paragraph 4, line 11, change the word property to proper.
MOTION. Councilmember Piccolo moved that upon the above correction that the minutes be approved. Motion seconded by Councilmember Wheeler and carried.
3. YOUTH CITY COUNCIL SWEARING IN - Struck
4. CASTLE COUNTRY TRAVEL COUNCIL - Funding For State Capitol Display
Kathy Hanna, representing the Castle Country Travel Council, requested that the City contribute towards the Carbon County display at the State Capitol. She presented a drawing of the display. Those entities that have contributed are Carbon County, Emery County Chamber of Commerce, CEU, Castle Dale, Helper City, Carbon County Chamber of Commerce. It was recommended that in addition to the above entities, that Kathy contact the cities of Wellington and East Carbon. MOTION. Councilmember Piccolo moved that $375 be contributed. Motion seconded by Councilmember Bringhurst and carried.
Kathy asked if the City had any plans for the red rock that was removed from the underpass during reconstruction of Main Street. She would like some of the rock to make picnic tables for the Nine Mile area. Gary Sonntag stated that some of the rock will be used in the park, but it is unknown how much they will need. The Council indicated that after City projects have been completed and if there is any rock left, they will contact her.
5. J. BRIAN WING - Proposal To Purchase City Property
J. Brian Wing submitted a proposal to purchase City property located on 2nd South between 5th and 6th East for an amount of $10,500. Vern Jones stated that some interest was shown on this property and it was declared surplus on two different occasions and advertised for sale. The first appraisal was $12,000 and it was advertised at a minimum acceptable bid of $12,000. Approximately one year later, more interest was received, and it was reappraised for $15,000 and advertised at a minimum acceptable bid of $15,300, which included the $300 appraisal fee. The City did not receive any bids for either of the advertisements. Mr. Wing's proposal was contingent upon the property having one sewer and one water connection. Vern stated there is at least one water connection with a meter, but he is unsure of the sewer. As an old foundation for a house is on the property, he assumes there is a sewer connection. MOTION. Councilmember Piccolo moved that the property be advertised for sale again indicating what the appraised value is, that the property is to be sold as is, and that the City reserves the right to accept or reject any and all bids. Motion seconded by Councilmember Wheeler and carried.
6. JAMES SCHAMPEL - Quit Claim Deed On Utility Easement
James Schampel, 479 East Ridge Road, requested that the City consider granting him a utility easement on the south side of his property so that he can construct a carport or a garage. All of the utilities including water, telephone, cable, electricity and gas are located on the north side with the exception of another cable which comes in from the east. Nick Sampinos has reviewed this request and recommends approval. MOTION. Councilmember Bringhurst moved that the City issue a quit claim deed, relinquishing any interest on the south side of Mr. Schampel's property, that the Mayor and City Recorder be authorized to sign the documents, and that it be recorded at the office of the County Recorder. Motion seconded by Councilmember Piccolo and carried.
7. TERRY YELONEK (DOMESTIC VIOLENCE AWARENESS MONTH) - Permission To Hang Purple Ribbons On City Trees
MOTION. As part of Domestic Violence Awareness Month, Councilmember Bringhurst moved that Terry Yelonek be permitted to hang large purple ribbons on the trees located in front of City Hall. Motion seconded by Councilmember Wheeler and carried.
8. SUN ADVOCATE COLORING CONTEST - Purchase of Ad
MOTION. Councilmember Wheeler moved that an ad be purchased for the Sun Advocate coloring contest (Red Ribbon Week) in the amount of $40. Motion seconded by Councilmember Piccolo and carried.
9. PROPERTY OWNERS ON 7TH EAST - Request For Quit Claim Deed
Mayor Colosimo presented a petition from five property owners on 7th East between 2nd and 3rd South, requesting that the City issue quit claim deeds for property located adjacent to their homes. Vern Jones reported that there is a 32' strip of property on the outside of the original townsite subdivision which does not show up on any plat. It is unclaimed and in the City's name because of the township. Because of the narrowness of the property, it is not useful for City purposes. Approximately five or six years ago, another property owner in this vicinity approached the City for the same request, in which a quit claim deed was granted to him. Vern recommended that the involved property owners pay for a title search on the property and that quit claim deeds be issued to these property owners to resolve the issue. MOTION. Councilmember Nikas moved that Mr. Sampinos be directed to write a letter to the property owners informing them to contact Clay Holbrook for the title search, that quit claim deeds be prepared and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Bringhurst and carried.
10. LIBRARY - Utah State Library Association - Permission To Accept Development Grant
MOTION. Councilmember Wheeler moved that permission be given to accept a Development Grant in the amount of $6,426 from the Utah State Library Association. Motion seconded by Councilmember Piccolo and carried.
11. RESEALING OF DOMES - ACM L.T.D. - Partial Payment
MOTION. Councilmember Wheeler moved that a partial payment in the amount of $9,500 be paid to ACM L.T.D. for their contract to reseal the domes. Motion seconded by Councilmember Bringhurst and carried.
12. HOME OCCUPIED BUSINESS - Cheryl's House-Day Care, 47 East 200 North, Cheryl Jones-Owner
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to Cheryl Jones to operate a day care at her home located at 47 East 200 North, contingent upon receiving a State license. MOTION. Councilmember Piccolo moved that the business be approved upon receipt of the State license and payment of the business license fee. Motion seconded by Councilmember Nikas and carried.
13. THE CYPHER COMPANY, POCKETFULL OF SUNSHINE, CASTLE ROCK AIR CONDITIONING AND HEATING - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits:
The Cypher Company - 290 South Highway 55, Business and Sign
Pocketfull of Sunshine - 97 East Main, Business and Sign - Contingent upon the sign meeting code.
Castle Rock Air Conditioning and Heating - 375 South Carbon Avenue (BTAC), Business
MOTION. Councilmember Piccolo moved that the businesses and signs be approved upon purchase of their business licenses and per the above contingency on Pocketull of Sunshine. Motion seconded by Councilmember Wheeler and carried.
14. MILKY WAY - Preliminary and Final Approval, Demolish and Re-Build
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for preliminary and final approval to the Milky Way to demolish and rebuild, contingent upon approval of the building elevations. A site plan was provided indicating dedicated parking and approximately a 3,200 sq. ft. building. MOTION. Councilmember Piccolo moved that preliminary and final approval be given with the same contingency stated above. Motion seconded by Councilmember Bringhurst and carried.
15. PRICE CITY MINIMUM STANDARDS - Discussion
Councilmember Piccolo reported that the Planning and Zoning Commission has asked for direction from the City Council regarding minimum standards. One of the problems brought to their attention was that a minimum drive way width suggested in Price City Standards is 20'. If someone wanted to put in a 40' driveway, in as much as the "minimum" is 20', would they be allowed to do so? He feels the confusion is a result of the change in curb and gutter which was recently allowed. Should the "minimum" only pertain to curb and gutter or should it pertain to driveways and other items that are included in the City Standards. It was recommended that this item be placed under Unfinished Business.
16. MINIATURE PARK - Tidy Town Award
Mayor Colosimo reported that Ken Bowers, representing the Salt Lake Tribune, contacted the City for permission to proceed with the construction of the miniature park that Price City won as an award in 1996 for the Tidy Town contest. The park will be 20' wide by 14' deep and is best if it fronts a sidewalk. Included in the park will be stepping stones, a redwood bench, shrubs, trees, perennial flowers, and a landscape rock where the Tidy Town Award plaque can be attached. Councilmember Piccolo suggested placing the park near the underpass, and in addition, using the original red rock that was placed there by Harry Liapis and construct a tribute to Mr. Liapis. As a spot for the park has not been selected, the Council recommended that the Salt Lake Tribune be contacted to see if this project can wait until next spring, or if the Tribune is willing to give the City the $1,000 and they would build miniature park at their convenience.
17. CITY ENGINEER POSITION - Changed To Engineer Assistant
Gary Sonntag reported that the committee assigned to review the position of City Engineer is recommending that instead of hiring a City Engineer, that an Engineer Trainee be hired. He will remain as City Engineer plus assume the duties of Public Works Director effective November 1, 1997. Mayor Colosimo stated that Vern Jones will assist Gary with his duties as Public Works Director. The Council accepted the change in the position as recommended by the committee.
18. NEW HIRES - Dennis Hayes, Jess Wilder
TRANSFER APPROVED - Joe Petersen
Mayor Colosimo presented the following new hires and employee transfer and recommended approval.
Dennis Hayes, Streets, Laborer, Temp/FT
Jess Wilder, Weed, Laborer, Temp/FT
Joe Petersen, From Weed To Maintenance, Laborer, Temp/FT
MOTION. Councilmember Bringhurst moved that the new hires and employee transfer be approved. Motion seconded by Councilmember Wheeler and carried.
19. TRAVEL REQUEST - Scott Olsen, Utah Drug Academy, October 27 - November 7, 1997, Salt Lake
Mayor Colosimo recommended that Scott Olsen be authorized to attend the Utah Drug Academy, October 27-November 7, 1997, Salt Lake. MOTION. Councilmember Nikas moved that the travel be approved. Motion seconded by Councilmember Wheeler and carried.
20. COMMUNITY DEVELOPMENT BLOCK GRANT - Public Hearing Scheduled
MOTION. Councilmember Piccolo moved that a public hearing be scheduled for the October 22nd Council Meeting to receive input for the Community Development Block Grant funding. Motion seconded by Councilmember Wheeler and carried.
21. ORDINANCE #97-006 - Policy To Process Business Licenses
Vern Jones presented Ordinance #97-006, amending an existing ordinance and establishing a new policy for the processing of business license applications. MOTION. Councilmember Nikas moved that Ordinance #97-006 be approved, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication. Motion seconded by Councilmember Bringhurst and carried.
22. RESOLUTION #97-25 - Seat Belt Policy
Vern Jones presented Resolution #97-25, establishing a policy whereby all city employees will be required to wear motor vehicle seat belts when driving City vehicles. MOTION. Councilmember Nikas moved that Resolution #97-25 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Bringhurst and carried. Councilmember Piccolo recommended that all City employees be made aware of this resolution.
23. RESOLUTION #97-26 - Fee Schedule For Small Auditorium In The Price Community Center
Vern Jones presented Resolution #97-26, establishing a fee schedule for the usage of the small auditorium facilities located within the Price community center. MOTION. Councilmember Wheeler moved that Resolution #97-26 be adopted and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Piccolo and carried.
24. RESOLUTION #97-27 - Engineer Assistant Position
Vern Jones presented Resolution #97-27, amending the personnel policies of Price Municipal Corporation and establishing a job description for the position of Engineering Assistant. MOTION. Councilmember Piccolo moved that Resolution #97-27 be adopted, that the Mayor and City Recorder be authorized to sign the resolution, and that permission be given to advertise for that position. Motion seconded by Councilmember Nikas and carried.
25. 800 NORTH STORM DRAINAGE PROJECT - Contractor Bid Award
Gary Sonntag reported that the committee assigned to review the bid results and contractor references received for the 800 North Storm Drainage project found that they could not recommend completing an agreement with the low bidding contractor. Therefore, the committee reviewed the proposal and references of D. Thomas Flynn Construction, the next bidding contractor. As the reference information received was very good, Gary recommended that this company be awarded the contract. MOTION. Councilmember Piccolo moved that D. Thomas Flynn Construction be awarded the contract for the 800 North Storm Drainage project. Motion seconded by Councilmember Nikas and carried.
26. MAIN STREET PROJECT, UDOT STP-1342(1)0 - Flare Const. - Change Order #3
Gary Sonntag presented Change Order #3 to the contract with Flare Construction on the Main Street Project. It was necessary to replace an existing irrigation pipe on Ditch #1, from 500 West down into a catch basin and the under-pass, which was a corrugated 24 inch polyethylene pipe. This increased the contract $915.83. MOTION. Councilmember Nikas moved that Change Order #3 be approved. Motion seconded by Councilmember Piccolo and carried.
27. 700 EAST ROAD CONSTRUCTION PROJECT - Permission To Waive Bidding Procedures
Gary Sonntag reported that in conjunction with the construction of the Carbon Credit Union building on 7th East, a hard surfaced road will be built on 700 East between 100 North and the Price Canal. This will include asphalt pavement approximately 24 feet in width centered on the middle of the road. The west side of the road will also be paved. The expense of improving the west portion of the road will be billed to the Carbon Credit Union. He estimates that this project will cost approximately $25,000 to $30,000. If the City were to conduct normal bid procedures, the process would take too long to complete the project this year because of the upcoming winter season. It would have to wait until next April. He requested permission to waive bidding procedures and negotiate with a contractor. MOTION. Councilmember Piccolo moved that bidding procedures be waived and that Gary be authorized to proceed as requested. Motion seconded by Councilmember Bringhurst and carried.
28. WATER DISTRIBUTION LINE REPLACEMENT 1997 - K & P Plumbing - Change Order #1, Final Payment
Gary Sonntag presented Change Order #1 to the contract with K & P Plumbing for the Water Distribution Line Replacement 1997 project (Cedar Hills Drive, 800 North and 500 East). Change Order #1 makes an adjustment for as-built quantities and a deduction for completing the project late. The total change will increase the contract $5,567.41, bringing the contract total to $104,080.41. Gary also presented a request for final payment in the amount of $104,080.41. In addition, during the course of construction, an apartment basement was flooded from water that was released through an inactive service lateral. He received information from the insurance company stating they intend to cover the damages as well as any possible damages to the building. The Council questioned the level of asphalt used to cover the trenches that were dug to replace the waterlines. The areas are a little depressed and if they get any worse, City crews may have to lay more asphalt to bring the levels up to standard. The Council questioned if the contractor can correct the problem. Until this problem can be resolved by the contractor, Gary suggested deducting $16,611 from the final payment, which is the line item for asphalt pavement. MOTION. Councilmember Piccolo moved that the change order be approved and that the final payment be approved less the $16,611 pending the final outcome of the areas in question. Motion seconded by Councilmember Nikas and carried.
MOTION. Councilmember Nikas moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Bringhurst and carried.
Meeting adjourned at 7:00 p.m.
Reconvened at 7:08 p.m.
29. LARRYS BLUE WATER BOAR REPAIR - Temporary One Year Conditional Use Permit
Councilmember Piccolo discussed Larrys Blue Water Boat Repair business located at 60 South 700 East. Larry Blanc was given approval to operate his business at this location contingent upon paving the dirt parking lot he intends to use. However, the parking lot belongs to a Mrs. Spatafore, who recently suffered a serious stroke. It is not possible to get an agreement signed at this time. MOVED. Councilmember Piccolo moved that the business license be granted, that temporary use of those premises be allowed as part of the business enterprise, that a temporary one year conditional year permit be issued and that it be reviewed in one year. Motion seconded by Councilmember Bringhurst and carried.
Meeting adjourned at 7:20 p.m.