Minutes of The Price City Council Meeting

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.