Minutes of The Price City Council Meeting

City Hall: Price, Utah


February 22, 1995, 5:30 p.m.


Present:

Mayor Lou Colosimo

Councilmembers:

James L. Jensen

L. Lamond Williams

Theressa O. Frandsen

L. Janet Oliveto Gary Sonntag (City Engineer),

Roy Nikas

Cobb Johnson (Public Works Director), Vernon W. Jones (Administrative Assist.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Aleck Shilaos (Chief of Police)

Others Present: Kevin Ashby, Bruce Allred, Cathy Allred, Michael Cha

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


1. MINUTES - February 8, 1995

Councilmember Oliveto moved that the minutes of the February 8, 1995 meeting be approved as written. Motion seconded by Councilmember Nikas and carried.

2. MINUTES - February 15, 1995

Councilmember Frandsen moved that the minutes of the February 15, 1995 meeting be approved as written. Motion seconded by Councilmember Jensen and carried.

3. PUBLIC HEARING - Water Expansion Project, Water Rate Increase - Authorization To Prepare Resolution

Mayor Colosimo opened the public hearing at 5:32 p.m. to receive comments on the proposed Water Expansion Project and water rate increase. Pat Larsen reported that there was an error in the information presented to First Security Bank to properly figure the rate increase for residential customers. The present rate reflects 3 steps. The proposed rate indicates 2 steps. The proposed first step is $14.00 for the first 10,000 gallons and $1.50 for every 1,000 gallons over 10,000. If the City were to continue with the present 3 steps, a third step would need to be added to indicate $1.80 per gallon for everything over 30,000 gallons. The Council recommended that the third step be eliminated, and that $1.50 be charged for every 1,000 gallons over 10,000. The above rates would provide the funds available for the Water Expansion Project. There being no further comments, Councilmember Williams moved that the hearing be closed. Motion seconded by Councilmember Oliveto and carried. Hearing closed at 5:40 p.m.

Councilmember Nikas referred to a discussion from the last meeting regarding the $16 fixed rate on Commercial rates. It was agreed that businesses using 10,000 gallons/month would be billed $14. Mayor Colosimo stated that members of the Council were polled and that the majority felt that the increase of 40% should be for both residential and commercial. Councilmember Williams moved that the increase of 40% for both the residential and commercial customers be approved and that authorization be given to prepare a resolution increasing the rates effective April 1, 1995. Motion seconded by Councilmember Jensen and carried.

4. ORDINANCE #95-002 - Cedar Ridge Subdivision Rezoning, R1-12 To R1-8

Mayor Colosimo opening the Public Hearing at 5:41 to receive comments on the proposed rezoning of Cedar Ridge Subdivision from R1-12 to R1-8. Gary Sonntag reported that in 1990, a 10 acre parcel of property, now known as Cedar Ridge Subdivision, was annexed into the City and zoned R1-12. The owners have re-applied for conceptual approval to develop this into a subdivision. As the lots and streets were being planned, it was found that some lots were restricted, primarily with the rear setback. The owners have made a request to rezone from R1-12 to R1-8, which gives a little bit more latitude in the setback. There being no further comments, Councilmember Williams moved that the public hearing be closed. Motion seconded by Councilmember Frandsen and carried. Hearing closed at 5:43 p.m. Councilmember Williams moved that the rezoning be approved and that Mr. Sampinos be directed to prepare the ordinance. Further, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication. Motion seconded by Councilmember Frandsen and carried.

5. LIBRARY RESTROOMS - Permission To Schedule Public Hearing

Councilmember Oliveto moved that a public hearing be scheduled for March 22nd to receive comments on the construction of restrooms in the library. Motion seconded by Councilmember Nikas and carried. The City was awarded a grant from the CDBG for this project.

6. DAVE'S STEAMWAY - Home Occupied Business Approved


Councilmember Williams reported that the Planning and Zoning Commission gave a favorable recommendation to Dave Guymon to operate a carpet cleaning business from his home located at 1600 East 800 North. He moved that the business be approved upon payment of the business license fee. Motion seconded by Councilmember Jensen and carried.

7. EAST CARBON ENTERPRISES - CUP - Tabled

8. DISCOUNT GROCERY STORE, POSTCARDS PLUS - Conditional Use Permits

Councilmember Williams reported that the Planning and Zoning Commission gave a favorable recommendation for the following businesses to operate at their respective addresses.

Discount Grocery store, 150 South 700 East

Postcards Plus, 375 South Carbon Avenue (BTAC)

Councilmember Williams moved that conditional use permits be issued for the above businesses. Motion seconded by Councilmember Jensen and carried.

9. L. RAY FRANCOM CONTRACTING - Conditional Use Permit, Temporary Offices

Councilmember Williams reported that the Planning and Zoning Commission gave a favorable recommendation for a 4 month temporary permit to allow L. Ray Francom Contracting to place a motor home at a construction site located at 570 East 300 North. The motor home will be used as Mr. Francom's office. Councilmember Williams moved that a 4-month temporary conditional use permit be issued. Motion seconded by Councilmember Oliveto and carried.

10. PAT LARSEN, VERN JONES - Travel Approved

Mayor Colosimo presented the following travel requests and recommended approval:

Pat Larsen, Utah Government Finance Officers Association,

April 10-12, St. George

Vern Jones, Joint Highway Committee, March 23, 24, St.

George

Councilmember Jensen moved that the travel be approved. Motion seconded by Councilmember Oliveto and carried.

11. TEMPORARY CUSTODIAN - Permission To Hire

Councilmember Oliveto moved that permission be given to hire a temporary full time custodian. Motion seconded by Councilmember Nikas and carried.

12. SUDA MERRIMAN - Utah State Retirement Contribution Adjustment

Joanne Lessar reported that Utah State Retirement has found that Price City owes $6,520.69 towards Suda Merriman's retirement account. Suda was hired permanent/full time in March, 1980, and for unknown reasons, retirement benefits were not paid for almost a year. She was then laid off in 1981, and during the next 3 years, was rehired for seasonal work before she was again hired permanent in 1984. State Retirement required that benefits be paid whenever a person worked more than 4 months whether they were temporary or permanent. Again, benefits were not paid after the 4 month period. Upon payment of the above amount, Suda's account will be up to date. Councilmember Jensen moved that the above payment be made to the State Retirement System. Motion seconded by Councilmember Frandsen and carried.

13. PAUL POTTER - Rehire

Councilmember Jensen moved that Paul Potter be rehired as a Lifeguard/Instructor/Supervisor, permanent/temporary. Motion seconded by Councilmember Nikas and carried.

14. RESOLUTION #95-07 - Animal Control Violation

Vern Jones presented Resolution #95-07, amending Chapter 6.01.050 and increasing certain civil penalties. Councilmember Nikas moved that Resolution #95-07 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Frandsen and carried.

15. WATER TREATMENT PLANT STAINLESS STEEL WATER TROUGH - Permission To Purchase

Gary Sonntag reported that the Council was polled for permission to purchase a stainless steel water trough for the Water Treatment Plant. Cost of the trough is approximately $21,000. Councilmember Williams moved that the purchase be ratified. Motion seconded by Councilmember Oliveto and carried.

16. COLTON WELL #2 - Nickerson Company, Inc. - Partial Payment #1


Councilmember Williams moved that a partial payment in the amount of $6,492.73 be paid to Nickerson Company, Inc., for work completed to date on the rehabilitation of the pump. Motion seconded by Councilmember Frandsen and carried.

17. COLTON SPRINGS FENCE PROJECT 1995 - Permission To Advertise To Receive Bids

Gary Sonntag requested permission to advertise to receive bids for the installation of fencing and gates at Colton Springs. The fence will enclose and protect the springs and water shed and the 40 acres of land around the springs. Councilmember Williams moved that the request be granted. Motion seconded by Councilmember Oliveto and carried.

18. WESTWOOD BLVD. ACCESS - Right-Of-Way Release From UDOT

Gary Sonntag reported that the City has been approached by Dave O'Brien and Daryl Bowman regarding an access to property located south of Westwood Boulevard prior to the intersection of Hospital Drive. UDOT has a right-of-way at the intersection of Hospital Drive that is restricted to streets or driveways. UDOT owns a parcel of property just outside this right-of-way line that Mr. O'Brien and others are negotiating to acquire. Mr. O'Brien and Mr. Bowman has requested that the City ask UDOT to release the restriction for a distance of 100 feet to allow for a city street. If Price City makes this request, UDOT would most likely be favorable. However, this would be contingent upon requiring a parcel of property that would be part of the road system going into this project. The parcel being suggested for Price City to take over is 100' by 138'. This would initiate the road and the access from Westwood Blvd. Once this is done, the City will be able to look at the rest of the road system to find out what else needs to be dedicated to the City for a public thoroughfare. The location of the access was intentionally set at a point south of the intersection of Hospital Drive because there was no way to get the proposed road to wind up with Hospital Drive as the property further to the northwest is owned by someone else. If this can be offset far enough to the south, the City would have a better chance of controlling the traffic. Gary requested permission to write a letter to UDOT requesting release of this restriction for non-access on this property. Councilmember Nikas moved that the request be granted. Motion seconded by Councilmember Jensen and carried.

19. LEASE/PURCHASE BACKHOE FOR CEMETERY - Approved

Pat Larsen reported that Cobb Johnson received proposals from 2 companies for the lease/purchase of a backhoe for the cemetery. One was from M & R Equipment for $45,742 and the other was from Scott Machinery for $47,226. Cobb recommends that the backhoe be purchased through M & R Equipment.

Pat presented a proposal from M & R Equipment to lease the backhoe on a 5-year lease/purchase agreement. For $2,000 extra a year, the City can trade the backhoe in for a brand new backhoe every year. This can go on for 10 years. She compared the purchase price, the estimated maintenance at $1,500/year for the 10 years, and the trade in value at the end of 10 years. All it will cost the city is the trade out cost of $2,000 year, and at the end of 10 years, the City will still have a new backhoe. This arrangement can be stopped at any time, either by the manufacturer or the City. The only thing the City would have to pay is if any damage is done to the equipment. Everything else will be under warranty, even tire replacement. The City will own the equipment after 5 years, and be able to trade it in every year for $2,000 and get a new backhoe. The $2,000 is above the lease/purchase payment. The Council felt that before a decision is made on this concept that it be reviewed by Mr. Sampinos.

Pat stated that the interest rate for a lease/purchase with First Security Bank will be 6.5%. M & R's rate is 7.9%. She reviewed the above concept with First Security, questioning if this arrangement would work out since the serial numbers on the equipment would keep changing. First Security felt there would be no problem with this. Councilmember Oliveto moved that permission be given to purchase the backhoe through M & R Equipment, and that financing be contracted with First Security Bank. Motion seconded by Councilmember Jensen and carried.

20. STATE ARCHIVES RECORDS PRESERVATION GRANT - Permission To Submit Application

Joanne Lessar requested permission to submit a grant to the State Archives for a Records Preservation Grant. Councilmember Jensen moved that the request be granted. Motion seconded by Councilmember Oliveto and carried.

21. BUSINESS LICENSE APPLICATION

The following business license application was received:

Hamilton Enterprises, 80 East 100 North, Lavar Archie Hamilton-owner, Retail Auto Parts (55.3) $100.00

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

Meeting adjourned at 7:05 p.m.