City Hall: Price, Utah
August 14,1996,5:30 p.m.
Present:
Mayor Lou Colosimo
Councilmembers:
Roy A. Nikas, Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison
Pat Larsen (Finance Director), Cobb Johnson (Public Works Director), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer)
Absent and Excused:
Vern Jones (Administrative Assistant), Joanne Lessar (City Recorder)
Others Present: Debbie Pappas, Jerry Pappas,
Eddie Horvath, Sue Horvath, Shari Madrid, Mandy Braby, Joy Sanderson, Karen Wood, Donna Smith, Diana Wood,
Steven Prince, Valerie Nowak, Lezlie Allred, Brian Allred, Dustin
Souza, Jim Piacitelli,
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the
above members present.
1. YOUTH CITY COUNCIL - New Positions
Mandy Braby reported that the Youth City Council has added the following
new staff positions - City Physician, Fire Chief, City Librarian, and Billing Manager. Ms.
Braby also stated that they were planning a street dance and asked the Council for their
support. Mayor Colosimo stated that no action can be taken since the item is not on the
agenda. He directed her to place the item on the next agenda and to discuss the street
dance with Police Chief Aleck Shilaos.
2. MINUTES - June 26, 1996
Councilmember Nikas moved that the minutes of the June 26, 1996 meeting be
approved as written. Motion seconded by Councilmember Wheeler and carried.
3. SULLY SULLIVAN, TED PAPPAS - Maintenance of Fazzio Water Line
Sully Sullivan and Ted Pappas discussed the takeover and maintenance of
the Fazzio water line in Carbonville. Price River Water Improvement District has agreed to
take over the line and have the City bill them for the water. PRWID would maintain and
read the meters. Mr. Sullivan and Mr. Pappas asked if the city would approve this
arrangement. The Council felt this arrangement would not be a problem. However, this will
need to be reviewed by Paul Wheeler, Water Department Supervisor.
4. CHARLES BEZYACK - Sewer, Water, and Garbage Fees
Charles Bezyack, representing owners and managers of property rentals in
Price questioned the policy regarding the collection of water, sewer, and garbage fees. He
asked why these fees continue to be charged when there are vacancies? Councilmember Nikas
stated that the City has to pay back a certain bond amount to install water lines,
construct water tanks, and maintenance crews. There has to be a certain minimum charge to
each residence. The sewer treatment plant needs to be run whether one person uses it or
several use it. Should the property taxes of those people who never have a fire be reduced
and only those that have a fire be charged for the fire truck. These are the things the
City wrestles with and try to spread it out equally. He agrees that vacancies create more
of a difficulty on some than others. Mr. Bezyack felt this procedure is unfair.
Councilmember Nikas asked Mr. Bezyack if he has any solutions to these problems, to let
the City know. Mr. Bezyack accepted the explanation of the fee charges.
5. COMMUNITY PROGRESS RECOGNITION - Jim Piacitelli
Councilmember Denison acknowledged Jim Piacitelli for his efforts and time
spent on the Community Progress Committee. Mr. Piacitelli has been on the committee for
several years and donated many hours. A plaque is being prepared and will be delivered to
Mr. Piacitelli.
6. DENNIS BRANCH - Acquisition of City Property
Gary Sonntag reported that Dennis Branch has requested the acquisition of
City property located along Hospital Drive and across the street from the Days Inn. The
parcel is triangular in shape and contains .0375 acres. Councilmember Denison reported
that Wayne and Kathleen Cox own the property south of the City's property. They would like
a long term lease or the property deeded to them in exchange for taking care of it. Mr.
Sampinos stated that this property can not be given away. He recommended getting a letter
appraisal to determine the value. It can be sold to an individual, especially since it is
adjacent to a piece of property and the owner is interested. However, it would be wise to
advertise and receive bids. MOTION. Councilmember Nikas moved that the
property be declared surplus, that a letter of appraisal be received, and that it be
advertised to receive bids. Motion seconded by Councilmember Denison and carried.
7. LEZLIE ALLRED - Medical Insurance Benefits
Lezlie Allred, a City employee who was recently reclassified full time and
eligible for benefits, asked the Council to provide her with medical benefits. Her husband
works full time for the City and receives full benefits. Councilmember Nikas reported that
a policy was adopted stating that when a legally married couple were employed
simultaneously by Price City, that medical and dental insurance will be offered to only
one of the employees. Mrs. Allred stated that the funds for these benefits are budgeted
for her position. The person who held the position before her had full benefits. She would
like the duplicate medical, dental, and prescrition coverage, as she purchases a large
amount of prescriptions. In addition, the policy as stated, does not provide for divorce
or death. Shari Madrid, who is a City employee and whose husband is also a full time
employee, feels that she is not being treated equal. It was recommended to obtain input
from the insurance company as to the different scenarios. If one employee receives single
coverage, would the spouse receive family coverage, or would they both receive family
coverage. Staff will review this and report back with a recommendation.
The Council later came back and discussed this item. It was felt that this
is discrimination against married couples and that all employees should be offered the
same benefits regardless if they are a legally married couple and both employed by Price
City. MOTION. Councilmember Nikas moved that Resolution #93-13 be repealed
and that staff be directed to remove the statement in the Policies and Procedures
pertaining to legally married couples being employed simultaneously by Price City where
only one of the employees will be offered medical and dental insurance. Motion seconded by
Councilmember Denison and carried.
8. RIVER GAS CORPORATION - Road Right-of-Way, Pinnacle Peak
Steven Prince, representing River Gas Corporation requested a 40' wide
road right-of-way on City owned property in the SW1/4 of SW1/4 of Section 14, T14S, R9E,
south of the Pinnacle Peak Road. River Gas is putting into operation a pilot program for
coal bed methane development on Porphyry Bench in the Drunkards Wash Unit. In order to
maintain good public relations with the residents of Price and not travel through
neighborhoods, River Gas would like to route traffic onto a proposed access road into
Porphyry Bench. In order to do this, a road must be constructed over lands owned by Price
City in Section 14. Mr. Prince presented the survey plat of the property and proposed
road. It was suggested to physically review the area. MOTION. Councilmember
Wheeler moved that the right-of-way and easement be granted as proposed, subject to final
review by the Council and staff on Monday, August 19, and subject to a revision negotiated
by Mr. Sampinos and Rivergas with respect to additional language for rerouting of the road
through the property in the event of a subsequent sale of the property. Motion seconded by
Councilmember Denison and carried.
9. CASTLE VALLEY WILDLIFE CENTER - Extension Denied
Eddie Horvath presented documents from the Utah Wildlife Rehab, a letter
from Dr. Paul Martinez, and copies of articles the Sun Advocate has written pertaining the
wildlife center. Dr. Martinez is the individual who is leasing the property to him on a 99
year lease and is deeding 5 acres to him. At the last meeting, Mr. Horvath asked the
Council to extend the Conditional Use Permit for one year in order to relocate the center
and to allow him to have up to 20 animals. MOTION. After discussion by the
Council and those residents present, Councilmember Nikas moved that the request for the 20
animals be denied. Motion seconded by Councilmember Bringhurst and carried.
The Council then entered into further discussion regarding the extension
of the Conditional Use Permit. It was felt that as long as Mr. Horvath has a permit for
this location, people will continue to bring animals to him. MOTION.
Councilmember Nikas moved that an extension of the Conditional Use Permit be denied.
Motion seconded by Councilmember Denison and carried. The Conditional Use Permit to
operate the wildlife center will expire on September 28th, and at that time all animals
are to be removed from the premises.
10. CARBON WATER CONSERVANCY DISTRICT - Ratification of Payment
Mr. Sampinos presented an update pertaining to the issue of Sanpete County
and the Gooseberry Narrows Project. The first issue involved the Carbon Water Conservancy
District and its committee in initiating a lawsuit against the Federal Government to try
and convince them they had not properly gone through the correct process when formulating
the Environmental Impact Statement for the Gooseberry Narrows Project. The Federal
Government agreed to the position taken and is now gathering information to prepare a new
EIS. The results of this lawsuit were successful in that the funding portion was stopped
so that the Federal Government could look at the process of gathering information to
determine what impacts this project will have on various communities. The second issue is
the lawsuit brought by Sanpete County against the Conservancy District and its committee
alleging that they have all conspired in an effort to stop their project and abort their
funding. There were 4 basic issues that were alleged in that complaint. The Carbon Water
Conservancy District has successfully won 3 of the points and are now attempting to get
the 4th and last point dismissed in State court. The District is currently waiting a
decision from Judge Hansen of the Provo court. MOTION. Councilmember Piccolo
moved that the verbal approval to pay $23,000 to the Conservancy District be ratified.
Motion seconded by Councilmember Wheeler and carried. These funds, along with funds from
Wellington and Helper City will be used to pay the legal costs of the lawsuits.
11. CARBON COUNTY SCHOOL DISTRICT - Quit-Claim Deed
Gary Sonntag presented a quit-claim deed received from the Carbon County
School District pertaining to a property transfer from the school district to the City.
The property is located along Cedar Hills Drive and across the street from Sagewood Road
along Meads Wash. This property transfer will help the City maintain the structure of
Cedar Hills Drive as well as the connection property on the substation. MOTION.
Councilmember Piccolo moved that the quit-claim deed be accepted. Motion seconded by
Councilmember Denison and carried.
12. WATER SYSTEM EXPANSION PROJECT, PUMP STATION AND PIPELINE PROJECT
#16C-95 - Nelson Irrigation & Const. Co. - Partial Payment #1
MOTION. Councilmember Piccolo moved that partial payment #1
in the amount of $167,183.28 be paid to Nelson Irrigation & Const. Co. for the
contract on the Water System Expansion Project, Pump Station and Pipeline Project. Motion
seconded by Councilmember Wheeler and carried.
13. WATER SYSTEM EXPANSION PROJECT, WATER TANK PROJECT #03-08S - CRS Consulting Engineers
- Partial Payment #22
MOTION. Councilmember Piccolo moved that partial payment #22
in the amount of $3,247.28 be paid to CRS Engineering for the contract to inspect and
manage the construction of the water tank. Motion seconded by Councilmember Nikas and
carried.
14. CITY HALL BUILDING DAMAGES - Allen and Bailey Engineers - Contract For
Engineering Services #9S-96, Partial Payment #1 -Denied (Claim To Insurance Company)
Gary Sonntag reported that last December, Allen and Bailey Engineers of
Salt Lake City was hired to evaluate the structural damage to City Hall that occurred from
a water leak outside the building. Allen & Bailey have submitted a contract in the
amount of $9,750.00 for the work they have completed as well as the work they will do.
Staff is recommending that the engineering firm be hired and a contract approved. It was
noted that a water line breakage is a covered item under liability insurance. MOTION.
Councilmember Nikas moved the contract and payment be denied, and that a damage claim be
submitted to the City's insurance company. Motion seconded by Councilmember Denison and
carried.
15. WATER SYSTEM EXPANSION PROJECT IV, PHASE III, TELEMETRY - Permission To Advertise For
Bids
Gary Sonntag reported that CRS Consulting Engineers have nearly completed
the specifications and bidding documents for the Telemetry on the City's water system. He
requested permission to advertise for bids. MOTION. Councilmember Piccolo
moved that the request be granted. Motion seconded by Councilmember Wheeler and carried.
16. MARTY OLSEN - 520 South 100 West, Street Improvements, Development
Agreement and Letter of Credit
Gary Sonntag reported that Marty Olsen is building a house at 520 South 100 West, on an
undeveloped parcel of property that fronts an existing street right-of-way. Consistent
with the Land Development Code, the construction of street improvements will be required
as a condition of the building and occupancy permit. The estimated cost is $16,097.00. Mr.
Olsen has agreed to complete a Development Agreement and submit a Letter of Credit
guarantee to the City in an amount equal to or greater than the estimated cost. MOTION.
Councilmember Wheeler moved that the project be approved, that the Development Agreement
and Letter of Credit be approved, and that the Mayor and City Recorder be authorized to
execute the documents. 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 Bringhurst and carried.
Meeting adjourned at 7:00 p.m.
Reconvened at 7:12 p.m.
17. RON PICCOLO - Rental Fees Waived for Washington Park
MOTION. Councilmember Bringhurst moved that rental fees
be waived for the use of Washington Park to host a steak dinner for the University of Utah
football team. Motion seconded by Councilmember Denison and carried. Councilmember Piccolo
abstained.
18. WIX PLAZA (RICHARD MORLEY) - Parking Lot Lease Agreement
Mr. Sampinos reported that five years ago, Price City granted Wix Plaza
(Richard Morley) a five year lease on the parking area behind Wix Plaza and the Methodist
Church. Mr. Morley has requested another five year lease. It was recommended that Mr.
Morley submit proof of insurance for his commercial property and to include Price City as
the additional insured. MOTION. Councilmember Wheeler moved that the request
for a 5 year lease be granted, that Mr. Sampinos prepare the lease agreement, and that the
Mayor and City Recorder be authorized to execute the documents. Motion seconded by
Councilmember Piccolo and carried.
19. PURCHASE OF UTILITY TRUCK - Permission To Advertise For Bids
MOTION. Councilmember Nikas moved that permission be given
to advertise for bids for the purchase of a utility truck. Motion seconded by
Councilmember Denison and carried.
20. BLOCKBUSTER VIDEO, MAIN STREET CARPET & INTERIORS, RAPID RABBIT
CRAFTS - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation for Conditional Use Permits for the following businesses.
Blockbuster Video, 1075 East Main - Sign
Main Street Carpet & Interiors, 66 East Main, Sign
Rapid Rabbit Crafts, 63 East Main, Sign
MOTION. Councilmember Piccolo moved that the requests for
signs be approved and that Conditional Use Permits be issued. Motion seconded by
Councilmember Wheeler and carried.
21. MIKE'S KUSTOM PAINT & BODY - 175 South Carbon Avenue, Signs -
Conditional Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation for a Conditional Use Permit for Mike Kouris to operate a
body and fender business at 175 South Carbon Avenue and to construct 2 signs. The
favorable recommendation was contingent upon meeting the Utah Fire and Building Code, and
State air quality. MOTION. Councilmember Piccolo moved that the business be
approved per the above contingencies and that a Conditional Use Permit be issued. Motion
seconded by Councilmember Wheeler and carried.
22. PINNACLE GATE CONVENIENCE CENTER - Site Preparation and Retaining
Wall
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation to Pinnacle Gate Convenience Center for site preparation
and construction of a retaining wall on the north side of their property. This is for
construction of a gas station and convenience store along Hospital Drive and across from
Days Inn. MOTION. Councilmember Piccolo moved that the request be approved.
Motion seconded by Councilmember Wheeler and carried.
23. SILENT SALES FORCE, INC. - Home Occupied Business Approved
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation to John E. Sanchez, Jr., to operate a vending machine
business at his residence located at 1490 East 500 South. MOTION.
Councilmember Piccolo moved that the business be approved upon payment of the business
license fee. Motion seconded by Councilmember Wheeler and carried.
24. JOANNE LESSAR - Travel Request - Utah Municipal Clerks Institute, August 14-16, Ogden
Mayor Colosimo recommended that Joanne Lessar be authorized to attend the
Utah Municipal Clerks Institute in Ogden, August 14-16. MOTION.
Councilmember Nikas moved that the travel be approved. Motion seconded by Councilmember
Piccolo and carried.
25. NEW HIRES - David Flemett, Christopher Anderson, Katherine McGill, Val
Mastin, Richard Byrd, Charles Schade, Paul Marquez
Mayor Colosimo presented the following new hires and recommended approval.
David Flemett, Christopher Anderson, Katherine McGill, - Laborers, Parks, Cemetery and Weed Departments, Temp/FT
Val Mastin - Water Treatment Plant, Operator, Temp/FT
Richard Byrd, Charles Schade - Maintenance Dept., Laborers, Temp/FT
Paul Marquez - Streets Dept., Laborer, Temp/FT
MOTION. Councilmember Nikas moved that the new hires be
approved. Motion seconded by Councilmember Bringhurst and carried.
26. RECLASSIFICATIONS - Albert Sandoval, Frank Lujan, Kent Jones
Mayor Colosimo presented the following reclassifications and recommended
approval.
Albert Sandoval - Streets Dept., Laborer II, From Temp/FT To Perm/FT - Effective 8-1-1996
Frank Lujan - Shop Dept., Journeyman Mechanic, From Perm/PT To Perm/FT - Effective 9-1-96
Kent Jones - Shop Dept., Service Tech/Mechanic, From Temp/FT To
Perm/FT - Effective 9-1-96
MOTION. Councilmember Nikas moved that the reclassifications
be approved. Motion seconded by Councilmember Piccolo and carried.
27. RECLASSIFICATIONS/PROMOTIONS - Lezlie Allred, Tina Hernandez, Scott
Olsen, Byron Allred
Mayor Colosimo presented the following reclassifications/promotions and
recommended approval.
Lezlie Allred - Library, Head Library Aide, From Perm/PT To Perm/FT
Tina Hernandez - Library, From Literacy Assistant To Program Director
Scott Olsen - Police Dept., From Animal Control To Police Officer
Byron Allred - Police Dept., Ordinance Compliance Officer, From Perm/PT To Perm/FT
MOTION. Councilmember Nikas moved that the
reclassifications/promotions be approved. Motion seconded by Councilmember Piccolo and
carried.
28. PURCHASE OF POLICE CARS - Permission To Receive Proposals
In lieu of receiving bids for the purchase of two police cars, Police
Chief Shilaos requested permission to receive proposals as there are only 2 car
dealerships in town plus the State bid. He will bring the figures back to the Council for
review. MOTION. Councilmember Piccolo moved that permission be given to
receive proposals. Motion seconded by Councilmember Bringhurst and carried.
29. ORDINANCE #96-009 - Adoption of Uniform Codes (Building, Plumbing,
Mechanical, Electrical, Fire, Manufactured Home Installations, Abatement of Dangerous
Building, Uniform Housing)
Mr. Sampinos presented Ordinance #96-009, adopting the Uniform Codes
(Building, Plumbing, Mechanical, Electrical, Fire, Manufactured Home Installations,
Abatement of Dangerous Building, Uniform Housing). MOTION. Councilmember
moved that Ordinance #96-009 be adopted, that it become effective
30. INVESTMENT OF CITY FUNDS - Best Investment Source
Pat Larsen reported that First Security contacted her regarding the City's investments.
The City usually has anywhere from $2.2 to $2.7 million invested in the State Treasurers
Fund, which has usually been the best rate. First Security claims that they can invest $1
million in U.S. Treasury Bonds or notes, and make more interest. Over a two year period,
the interest would be 1/2% more and over a one year period, the interest would be 1/10%
higher. The Council directed that Mrs. Larsen contact all the local banking institutions
to find the best investment source.
31. MEDICAL EXPERIENCE REFUND - Place In General Fund
Pat Larsen reported that a medical experience refund in the amount of
$18,941.00 has been received from Utah Local Governments Trust. These funds can be applied
toward this years insurance premiums, placed in the General Fund or left on deposit at
interest. MOTION. Councilmember Piccolo moved that the refund be placed in
the General Fund. Motion seconded by Councilmember Bringhurst and carried.
32. BUSINESS LICENSE OWNERSHIP CHANGE - Approved
The following business license ownership change has been requested.
Golden Rock Restaurant, Rockies, Days Inn - 838 West Westwood
Boulevard, Sunstone Properties, Inc.,-Owner - $15 Transfer Fee (Ownership Change)
MOTION. Councilmember Bringhurst moved that the change of
ownership be approved. Motion seconded by Councilmember Nikas and carried.
Redevelopment Agency
Minutes
Meeting adjourned at 8:10 p.m.