Minutes of The Price City Council Meeting

City Hall: Price, Utah


April 12, 1995, 5:30 p.m.


Present:

Mayor Lou Colosimo

Councilmembers:

L. Lamond Williams, Theressa O. Frandsen, L. Janet Oliveto, Roy Nikas


Vernon W. Jones (Adminis. Assist.), Joanne Lessar (City Recorder), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Aleck Shilaos (Chief of Police)

Absent and Excused:

Councilmember James L. Jensen, Pat Larsen (Finance Director), Cobb Johnson (Public Works Director)

Others Present: Ray Downard, Don Burge, Amie Sanderson, Karen Sanderson, Rene Andrews, Kristen Andrews, Teresa Andrews, Jolynn Westbrook, Dawn Slama, Paul M. Hofer, Paula Lewis, Mike Bradshaw, James S. Hansen, Tom Niederhauser, Pat Johnson

Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.


1. MINUTES - March 22, 1995

Councilmember Oliveto moved that the minutes of the March 22, 1995 meeting be approved as written. Motion seconded by Councilmember Nikas and carried.

2. RESOLUTION #95-11 - Water and Sewer Revenue Bonds (Water Expansion Project

Joanne Lessar presented Resolution #95-11, authorizing the issuance and sale of a $1,250,000 Water and Sewer Revenue Bond Series 1995A and a $2,997,615 Water and Sewer Revenue Bond, Series 1995B, for the purpose of defraying a portion of the cost of constructing a water system and related improvements. Councilmember Williams moved that Resolution #95-11 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Frandsen and carried.

3. CHAMBER OF COMMERCE - Funding For 1995/96

Tom Neiderhouser, representing the Chamber of Commerce, expressed his appreciation to the Council for their level of financial support. Mayor Colosimo thanked the Chamber for what they have done and stated that the City would continue funding at the same level as in the past.

4. DAWN SLAMA - Speeding Problems Along Rose Avenue

Dawn Slama presented a petition from residents living on Rose Avenue regarding excessive speeding. Seventy five children live on the block and they are concerned for their safety. She asked if signs or dips could be placed in this area. Councilmember Nikas stated that new signs have been ordered and he will direct the Streets Dept. to place some of these signs on Rose Avenue.

5. PAM MIERA - Permission to Hide Easter Eggs At Washington Park - Struck

6. RAY DOWNARD - Contribution For CEU Museum Sign

Ray Downard and Don Burge, representing the CEU Museum Board, reported that for the past 2 years, the museum has been trying to get welcome signs placed at the entrances to the City. Upon the recommendation of Archie Hamilton, former Manager of the Price UDOT office, they designed a sign representing Carbon County, Price City, the College of Eastern Utah, and the CEU Museum. Mr. Burge presented a small rendition of the sign, and asked the Council for financial assistance. The signs will be 50' wide 6' high and cost approximately $12,000 for each base.

Mr. Downard reported a small problem between the college and Price City in coordinating the responsibilities for maintenance and repair of the museum. He referred to a 4-month unpaid invoice to repair the heating system. The museum board feels that a meeting should be held between the City, the college, and the museum to resolve these problems. Mayor Colosimo reported that President Mike Petersen assured him that the college would take care of the bill. He assured Mr. Downard that the City would meet with the above entities to resolve these problems and prepare a new agreement regarding maintenance and repairs.

Don Burge asked the Council to place their sign of approval on a building permit to construct the sign. The highway department is requesting this to make sure the City is aware of what is taking place.

Tom Neiderhauser introduced Pat Johnson, the new Executive Director of the Chamber of Commerce. Pat replaces Kathy Hanna who has accepted a position with the Castle Country Travel Council.

7. BRIDGE REALTY - Utility Connection/Disconnection Fee

Jim Shorts, owner of Bridge Realty, was present at the meeting to represent property owner Hal Renthrow. Mr. Renthrow owns a 40 unit apartment complex and is concerned about the $15 fee that is being charged for utility connects and disconnects. Mr. Renthrow is suggesting that Price City look into the possibility of using the same procedure as Mountain Fuel. When Mountain Fuel reads someone in, they charge the tenants $30. As a lot of people skip in the middle of the night, Mr. Renthrow is not only out the rent, but he gets charged $15 for the disconnection fee. Using the same procedure as Mountain Fuel does would shift the entire cost to the customer and not the landlord and the City would still be getting the total $30 fee. Councilmember Nikas stated that he will have the Utility Department look into this.

8. CARBON COUNTY FUTURE - Struck

9. PAYSON HIGH SCHOOL BAND BOOSTERS - Program Ad - Request Denied

Mayor Colosimo presented a letter from the Payson High School Band Boosters inviting the City to purchase a program ad in their annual marching and musical performance tournament to be held in the fall. Carbon High School does participate in this event. After further discussion, the Council recommended that the request be denied.

10. GRADUATION SPECTACULAR - Contribution Approved

Councilmember Williams moved that $500 be contributed towards Graduation Spectacular. Motion seconded by Councilmember Nikas and carried.

11. ODYSSEY OF THE MIND TEAM - Contribution Approved


Karen Sanderson, director of Odyssey of the Mind Team, requested a contribution to help pay for travel expenses for this group to represent Utah, Carbon County, and Price at the World Finals competition in Knoxville, Tennessee, in May, 1995. The Carbon School District has funded this group in the past, but it was cut from their budget several years ago. Since then, the parents have had to fund this team. Other teams throughout the state are funded by their school district. The Council directed that upon review by the Finance Director, that $200 be contributed.

12. SMUIN, RICH & MARSING - Audit Services For FY1994/95

Joanne Lessar presented a letter from Smuin, Rich, & Marsing confirming audit services for FY1994/95, and requesting the Mayor's signature of approval. The cost is $9,100. Councilmember Nikas moved that upon review by the Finance Director, that the Mayor be authorized to sign the letter. Motion seconded by Councilmember Oliveto and carried.

13. COLLEGE BAND CONCERT - Waiver of Rental Fees and Authorization To Use Volleyball Court

Councilmember Williams moved that rental fees be waived and authorization given to Scott Stanton to use the volleyball court for the college band concert. Motion seconded by Councilmember Oliveto and carried.

14. WESTERN AREA POWER ADMINISTRATION - Contract Amendment

Vern Jones presented the amended contract with Western Area Power Administration. Approximately two years ago, Price City entered into an agreement with WAPA for the purpose of allowing them to buy our CRSP power from an alternative source. The reason for this was because an environmental group was studying the regulation of flows coming out of the Grand Canyon Reservoir. The way it operated in the past was the water coming out of the Grand Canyon was power motivated. The more power needed, the more water was released. The Federal Government allowed the environmental group to sustain those flows until the study was complete. As such, Western had to have a way of selling Price City the CRSP power from another source. As the EIS has not been completed and the decision not been made, WAPA is asking that the contract be amended to continue for a limited period of time until the EIS is complete. Councilmember Nikas moved that the amendment be approved and that the Mayor and City Recorder be authorized to execute the document. Motion seconded by Councilmember Williams and carried.

15. PAUL HOFER - Sewer Line Installation, Waiver of Fees


Councilmember Williams reported that Paul Hofer, 55 East 200 North, has had sewerline problems. Paul is asking permission to run a second sewerline in order to take care of his upstairs living area, and that the sewer connection fees be waived. He will continue to maintain the present sewerline to take care of the floor drains in the basement. Councilmember Williams moved that permission be given for the second sewerline connection, that the connection fee be waived, and that all hard costs be incurred by Mr. Hofer. Motion seconded by Councilmember Nikas and carried.

Mr. Hofer discussed the repavement of the street once the new sewerline has been installed. In talking to Plumber Dave O'Brien, he understand that the resident who lives to the east of his home also has to put in a new sewerline. As the City has no sewer main by this house, Mr. O'Brien is trying to get the City to extend the sewerline. If this is done, the City will have to tear the street up. He asked if the repavement could be prorated with him paying for his share only. Councilmember Williams felt that the charges for this could be placed on hold until this issue is resolved.

16. HOME OCCUPIED BUSINESSES APPROVED - Boot-A-Pest, JMA Janitorial Service, Powell's Wholesale

Councilmember Williams reported that the Planning and Zoning Commission gave a favorable recommendation to the following home occupied businesses:

Boot-A-Pest, 279 West Railroad Avenue, Merrille Maloof-

Owner

JMA Janitorial Service, 1101 South Carbon Avenue, John &

Roxane Abney-Partners - Contingent upon landlord's

approval

Powell's Wholesale, 399 North Carbon Avenue #C, Joe

Powell- Owner - Contingent upon landlord's approval

Councilmember Williams moved that the businesses be approved contingent upon the above stipulations and upon payment of the business license fee. Motion seconded by Councilmember Oliveto and carried.

17. MAIN STREET COFFEE COMPANY, CORTEC DESIGN SERVICE - Conditional Use Permits, Signs

Councilmember Williams reported that the Planning and Zoning Commission gave a favorable recommendation for the following conditional use permits for signs.

Main Street Coffee Company, 11 West Main, Sign - One year

temporary approval for banner sign

Cortec Design Service, 23 South Carbon Ave., #4, Sign

Councilmember Williams moved that the signs be approved and that conditional use permits be issued per the above stipulation. Motion seconded by Councilmember Frandsen and carried.

18. RECEPTION CONNECTION - Conditional Use Permit, 374 South Carbon Avenue (BTAC)

BOOKCLIFF MEDICAL CENTER - Conditional Use Permit, Sign

Councilmember Williams reported that the Planning and Zoning Commission gave a favorable recommendation for conditional use permits for the following:

Reception Connection, Business operation in the BTAC, 375 South Carbon Ave. - Subject to approval by BTAC Board

Bookcliff Medical Center (1st North 6th East; Medical Office Building (north of Castleview Hospital) - Signs

Councilmember Williams stated that the Reception Connection also asked approval for a sign. As this was not on the agenda and needs to be reviewed by the BTAC Board, the sign was not approved. Councilmember Williams moved that the operation of the Reception Connection at the BTAC be approved contingent upon approval by the BTAC Board, that the signs for the Bookcliff Medical Center and Medical Office Building be approved, and that conditional use permits be issued. Motion seconded by Councilmember Oliveto and carried.

19. CLIFF WOODRUFF - Board Of Adjustment Request, Variance For Side Yard Setback

Councilmember Williams reported that the Planning and Zoning Commission reviewed the request of Cliff Woodruff, 240 North 300 East, to build a carport on the side of his house and to close it in and make a garage. The Commission gave a favorable recommendation for a variance and recommended that it be referred to the Board of Adjustments. He moved that this be referred to the Board of Adjustments with a favorable recommendation. Motion seconded by Councilmember Oliveto and carried.

20. MARK MACKIEWICZ - Board of Adjustment Request, Variance For Side Yard Setback

Councilmember Williams reported that the Planning and Zoning Commission reviewed the request of Mark Mackiewicz, 681 West 300 South, to take a carport down and build a garage with a couple of rooms above it. The Commission gave a favorable recommendation for a variance and recommended that it be referred to the Board of Adjustments. He moved that this be referred to the Board of Adjustments with a favorable recommendation. Motion seconded by Councilmember Oliveto and carried.

21. CHARLES ANDERSON, BRENT NELSON, JACOB GARCIA, IKE SIMMONS, RICHARD OLIVER - Rehires

Mayor Colosimo presented the following rehires and recommended approval:

Charles Anderson, Brent Nelson, Jacob Garcia - Weed Dept., Laborer, Temp/Full Time

Ike Simmons - Weed Dept., Weed Control Officer, Temp/Part Time

Richard Oliver - Water Treatment Plant, Operator, Temp/FT

Councilmember Williams moved that the rehires be approved. Motion seconded by Councilmember Oliveto and carried.

22. NEW HIRE - Patti Ruden - Tabled

23. NEW HIRE - Recreation Specialist - Struck

24. PRESENTATION OF TENTATIVE BUDGET - FY1995/96

RETREAT SCHEDULED - April 20, 1995

Mayor Colosimo presented the tentative budget for FY1995/96. As the budget is still out of balance and needs to be reviewed, he recommended that another retreat be scheduled. Councilmember Oliveto moved that the tentative budget be approved and that a retreat be scheduled for April 20. Motion seconded by Councilmember Nikas and carried.

25. RESOLUTION #95-08 - Water Rate Increase, May 1 Effective Date

Vern Jones reported that Resolution #95-08, adopting the water rate increase, is effective May 1. It has been suggested that the rate increase be effective April 1. After further discussion, the Council directed that the effective date remain May 1.

26. WATER EXPANSION PROJECT IV (TRANSMISSION, DISTRIBUTION, PUMP, TELEMETRY - CRS Engineering - Partial Payment #1


Councilmember Williams moved that Partial Payment #1 in the amount of $7,925 be paid to CRS Engineering for work accomplished to date. Motion seconded by Councilmember Frandsen and carried. Gary Sonntag stated that this includes checking the feasibility and operation of proposed facilities and evaluating the flow capacity of the water pipe system under various scenarios. About 10% of the design contract is complete.

27. WATER TREATMENT PLANT FILTER BASIN REFURBISHMENT - Anthratech Western - Partial Payment #1, #2

Gary Sonntag presented a request for Partial Payment #1 from Anthratech Western in the amount of $63,350 less 15% ($9,502.50) retainage, and $25,000 for a project guarantee resulting in a total of $28,847.50 for their contract on the Water Treatment Plant Filter Basin. Ratification of this payment is recommended based upon the Council being polled for approval.

Anthratec has submitted another partial payment request #2 in the amount of $63,350. This, with a release of the 15% retainage will total $72,852.50. The $25,000 will still be held for a guarantee. The work on the filter refurbishment has been completed and is operational. Councilmember Williams moved that Partial Payment #1 be ratified and that Partial Payment #2 be approved. Motion seconded by Councilmember Frandsen and carried.

28. WATER TREATMENT PLANT FILTER BASIN REFURBISHMENT - Anthratech Western - Addendum To Contract

Vern Jones presented an addendum to the contract with Anthratech Western for the Water Treatment Plant Filter Basin Refurbishment. This addendum approves the stainless steel troughs that were constructed in the treatment plant. Councilmember Oliveto moved that the addendum be approved and that the Mayor and City Recorder be authorized to execute the document. Motion seconded by Councilmember Nikas and carried.

29. WATER LINE REPLACEMENT PROJECT 1995 - Permission To Advertise For Bids

Councilmember Williams moved that permission be given to advertise to receive bids for the Water Line Replacement Project for 1995. Motion seconded by Councilmember Frandsen and carried. Gary Sonntag reported that this years water line replacement project will construct a new water line along 500 East from 700 North to 800 North and along 200 North from 300 East to 400 East.

30. WATER SYSTEM EXPANSION PROJECT 1995, PHASE I (TANKS) - Prequalification of Contractors Approved

Gary Sonntag reported that the first phase of the Water System Expansion Project 1995 will be to construct the concrete water storage tanks (10 and 2 million gallon). At the suggestion of City staff, CRS Engineering conducted an evaluation process to pre-qualify contractors for this project. After public advertising for pre-qualification application submittals, they completed the evaluation. Gary presented the evaluation report and explained the procedure, the results and the recommendations of CRS. After discussion on the report, Councilmember Williams moved that the recommendations of CRS Engineering be approved and that only those contractors pre-qualified by CRS be invited to bid on the tank project. Motion seconded by Councilmember Oliveto and carried.

31. COLTON WELL RIGHT-OF-WAY AGREEMENT - John Houston

Nick Sampinos reported that last year the City was under pressure to finish the connection between UP&L Wells #1 and #2. It was necessary to obtain a right-of-way on property belonging to John and Jeri Houston. Staff met on sight with John and he agreed to allow the City to go on his property to complete the necessary connections subject to certain conditions. There was no historical data to show what particular flow would come from this spring. Mr. Houston's concern was that if Well #2 was turned on, what would happen to the production of a certain spring that is near some houses and a pond on his property. A plan was proposed that if Mr. Houston would allow Price City to put their line in, Price City would agree to replace whatever water flow was diminished from that spring and that the spring's production would be monitored over a minimum of two years and that Mark Paige from the State Engineer's office would direct the monitoring.

Mr. Sampinos presented a copy of an agreement that he prepared per the above. He has reviewed it with Vern Jones and Gary Sonntag and forwarded a draft copy to Mr. Houston. He asked the Council to review the agreement, and that it be placed on unfinished business until it is finalized..

32. PRICE RIVER WATER IMPROVEMENT DISTRICT AGREEMENT - Sewer Treatment Facility - Tabled

Nick Sampinos reported that Price River Water Improvement District would like to exercise their option to purchase Price City's interest in the sewer treatment facility at Wellington. He understands that Price City served as a financing conduit at the time the facility was built and as part of the transaction, ended up owning 21.4% of the facility. The District retained the option to purchase the City's interest for $1 once the bonds on that facility were paid, but it couldn't be purchased before 20 years expired. Based on the refinancing that was done 2 years ago, those bonds have now been paid and they would like to exercise their option. The only problem is that the agreement specifically states 20 years. They District would like to amend the agreement and proceed with exercising the option of the $1. It was recommended that this be tabled for further review.

33. AMENDMENT TO MUNICIPAL ELECTION LAW - Tabled

Joanne Lessar reported that the Legislature passed a low changing the Municipal Election Law. The City has two options. The first option is to hold a primary election when the number of candidates filing for an office exceeds twice the number to be elected. The second option is for candidates to be nominated by a political party convention for the general election. New ordinances must be adopted by June 1. It was recommended that this be tabled and reviewed further.

34. PURCHASE OF VEHICLES - Report On Bid Results

Joanne Lessar reported that the committee appointed to review the bids received for the purchase of 3 trucks and 1 car is recommending that three 1995 Dodge Dakotas be purchased from Community Motors at a cost of $14,234.11 each, and that a 1995 Chev Corsica be purchased from Mountain View Motors at a cost of $14,062.00. Councilmember Nikas moved that the recommendations of the committee be approved. Motion seconded by Councilmember Oliveto and carried.

35. BUSINESS LICENSE APPLICATIONS

The following business license applications were received:

Diamond H Work & Western Wear, 750 West Price River Drive, Arvel Hansen-Owner, Retail Apparel (56) $100

Raymond's, 88 East 100 South, Raymond Smith-Owner, Delicatessen (58) $100

Homier Distributing Co., (National Guard Armory), Retail Miscellaneous, Itinerant Merchant $200

Councilmember Nikas moved that the businesses be approved. Motion seconded by Councilmember Oliveto and carried.

36. COLTON SPRINGS FENCING PROJECT 1995 - Contract Awarded

Gary Sonntag reported that the committee assigned to review the bids received for the Colton Springs Fencing Project awarded the contract to Yanks Fencing, the low bidder.

Councilmember Nikas moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Oliveto and carried.

Meeting adjourned at 7:02 p.m.

Reconvened at 7:06 p.m.

Redevelopment Agency Minutes