Minutes of The Price City Council Meeting

City Hall: Price, Utah

March 12, 1997, 5:30 p.m.


Mayor Lou Colosimo

Councilmembers: Betty P. Wheeler, Joe L. Piccolo, Steve Bringhurst, Stephen L. Denison

Vernon W. Jones (Adminis. Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney) Gary Sonntag (City Engineer), Aleck Shilaos (Chief of Police)

Absent and Excused: Councilmember Roy A. Nikas

Others Present: Joe Patterson, Carol McCormick, Rich McCormick, Robert H. Etzel, Nancy Wood, Paula Jewkes, Charlotte Crippen, Jenni Dickson, Colette Keller, Kimberley Spigarelli, Mareanna Nyffeler, Kelsey Heiner, Haley Davis, Summer Acerson, Crystal Cook, Elizabeth Olsen, Kevin Ashby

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

1. MINUTES - February 12, 1997

MOTION. Councilmember Denison moved that the minutes of the February 12, 1997 meeting be approved as written. Motion seconded by Councilmember Bringhurst.

2. MINUTES - February 24, 1997

MOTION. Councilmember Bringhurst moved that the minutes of the February 24, 1997 meeting be approved as written. Motion seconded by Councilmember Denison and carried.

3. MINUTES - February 16, 1997

MOTION. Councilmember Bringhurst moved that the minutes of the February 26, 1997 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.

4. PUBLIC HEARING - Increase In Building/Inspection Fees - Tabled

Mayor Colosimo opened the Public Hearing at 5:35 p.m. to receive comments on the proposed increase in building/inspection fees. Pat Larsen reported that by applying the proposed increase to inspection fees over the last 12 months, the increase would generate be approximately $12,000 more. Tony Basso stated that he was in the dark and didn't know what the increase would be. He wants to be sure this is not an increase just for the sake of an increase, but that we would see other services that would come from this. Councilmember Dension stated that the City is hopeful that this increase will assist in getting extra help for the Building Department. Tony Basso stated that he is concerned with the requirements of the City and referred to his proposed project where he had to pay an engineer $5,000 to do things that he thought was standard city procedure, such as street improvements. Is this something that will continue or can it be eliminated in time? Gary Sonntag stated that this increase has nothing to do with street improvements, it is strictly building inspection fees. Tony Basso asked if there will be any additional help so that when a set of plans is presented to the City, instead of having to pay an engineer, that the city can provide this service and determine if the project is feasible. Gary Sonntag stated that when it comes to land development, those codes and regulations are available for you to follow in preparation for your plans. That will stay the same. When it comes to building design, the Uniform Building Code regulates that, and it will be a matter of you following that code. Typically, the average person does not know what that is. In that case, they should pursue a professional, either an engineer or architect. The City does not plan and draw out buildings for someone to develop. The increased fees will undoubtedly offset expenses incurred by the City to go through the Planning and Zoning and inspection process. Councilmember Denison stated that the other part of this, is that this area has been underfunded because of the fee schedule. It is the City's hope that this will offset more help. Councilmember Piccolo stated that there has been a substantial increase in the workload that the Building Inspection has had in the past 12 months. If help is not provided, there could be a substantial backload and that could curtail construction. Funds from this increase are to add manpower to that department.

Robert Etzel - He referred to the project Tony Basso and his son were involved in on Cedar Hills Drive. The City has their plans as to what the City requires in sidewalk, gutter, elevation, drains, etc. These boys had to turn around and spend $5,000 to duplicate a responsiblity that is the City's. Does the City require this across the board for everyone? The City has to have a public hearing to increase fees. But did they have a public hearing when they waived the fees for certain other governmental agencies that built in the City? It looks like the City is driving the construction out of Price City. If you have a waiver for the college and the county on these fees and then turn to the people who are trying to build the City up and tell them they have to design and blue print the streets, etc. Is the City helping or hurting themselves? He hears stories that they're going to build 60 houses here and 60 house there and there is going to be a power plant in Hiawatha for 400 employees. If this is a fee to help the Building Inspector get an aid, he agrees. But if this is another means where there are two standards, those that pay and those that don't, because the property owners are the ones that are paying in Price. He referred to the developers that have tried to develop in Price and when they find out the costs, they find it is not feasible to build in Price City. The City as a government agency, will go to the golf course and help the County put in a road, water and sewer. Why don't they do it for the people who want to build in the City? If you are going to interchange agreements, it should be across the board. He referred to Pacific Central going to East Carbon. There is a big possibility that Joy Manufacturing will end up in Wellington. He suggested doing away with all building fees. He brought the last big development in which was WalMart. WalMart paid their $28,000 fee and then they see all these give me deals. They asked him if he was in collusion with Price City. He knows Price City has bills to pay, but he thinks the State of Utah and Carbon County can help pay those bills as well as the young people who are trying to make something of this City. Help these people out, you'll tax it and get it back. But if they move it out of the City, the City will still have to provide the streets in the City, the library, the pools, etc. Maybe the City overbuilt their services and the rest of the County is not paying for it. How can you ask people to invest in Carbon County if you don't treat them the same as you do other governmental agencies. You are getting to the point where you're afraid to see what is draining down the City budget. When the wave pool was first designed, he heard that the City was going to make $500,000 a year. Are you making or losing? If these things are not relative to this meeting, you shouldn't hinder the development in the City. How many subdivisions have you heard that are coming to Price? You don't see any, but you go out to Kiahtipes's and see the homes and you go out to Wedgewood and see the homes. The City has to realize they don't have a monoply on residential and commercial property. You are passing it on to the businessman in Price. He doesn't see business licenses going down, he sees them going up. If you waive the fees for government agencies that are in competition with local businessman, such as the dormitories at the college, then waive it for everybody. If its only $12,000, then do away with it. Where do you have the right to pick out who rides free and who pays. You don't even have a public hearing, you just waive the fees. Mayor Colosimo stated that he thought we have held public hearings. Mr. Etzel disagreed and asked if fees have been waived? Mayor Colosimo stated yes, that the City has waived fees. Mr. Etzel stated if an entity asks that fees be waived, would the City waive them? Mayor Colosimo stated probably. He is not saying it is right, but the City has waived the fees. Mr. Etzel stated if this is the impression the City gave Ellis Pierce and Archie Hamilton? Councilmember Denison stated that he has told Ellis personally that if there is something he'd like to see done in his subdivision, to bring it before the Council and they would review it. He might not get it, but he is certainly able to come and present it and ask. Mr. Etzel asked about the sidewalk and gutter on Cedar Hills Drive and if the landowners paid anything? Councilmember Denison stated that to date, nothing. Mr. Etzel asked if they were going to pay for it. Councilmember Denison stated that it hasn't been decided. Councilmember Piccolo stated that the building fees being recommended for increases simply bring them up to the standard level that the State suggests building departments have. He finds Mr. Etzel's suggestion interesting, maybe there should be no building fees, maybe it should come from the general fund. To set the record straight on Pacific Central, it is in the County, not in the City. The City has nothing to do with it and never has. Joy Manufacturing has not only been invited by the City to stay where they are, but they have been encouraged and we cooperated with them in everyway possible that has come before us. Maybe building fees should be discontinued and funded some other way. Mayor Colosimo stated that the reason Joy may leave is that Wellington offered them property for nothing. Price City does not have the property to give. Mr. Etzel stated that the City has to provide the streets for them to go to school and provide the extra police force.

Councilmember Bringhurst stated that improvements are different than the Land Development Code. You need to satisfy the requirements of the code before you build. However, improvements need to be put in. If they are not required to be put in at the time they are building, the City will never see the improvements and will have to put them in at the expense of the City or its residents. The land owners who develop their property will be able to recoup their money by running a business and everyone else will put the improvements in for them. He doesn't think the City will back off requiring improvements that need to be put in. As for the college and the County, these are non tax paying entitites. They are not in the business of making money, so of course, the City will work with them and waive their fees in the same way they would work with the City, as we too are a non profit organization. The City is not cutting any special deals other than a non profit organization when they have requested it. A landowner or business owner has an opportunity to recoup their money when they go into business.

Mr. Etzel stated that approximately 10 years ago, a study was conducted and it was found that at that time, there were 32 non-profit organizations within the City limits, and now there are more. This City government is paying for all these free loaders. Councilmember Bringhurst disagreed. Mr. Etzel asked if the college paid a building permit? Councilmember Bringhurst stated they hadn't, but they are not in the business to make money. Does the College of Eastern Utah provide and spend a lot of the money in this community? Mr. Etzel responded that so do the rest of the people. He referred to the dormitories. If private enterprise built them, they would have to pay the necessary fees. There being no further comments, Mayor Colosimo closed the hearing at 5:57 p.m.

MOTION. Councilmember Denison moved that the building/inspection fees be increased. Motion seconded by Councilmember Bringhurst. Councilmembers Piccolo and Wheeler voted "naye". Mayor Colosimo broke the tie by voting "naye" and recommended that the item be tabled for the next meeting and that Francis Duzenack, Building Inspector, be invited to answer the above questions.


Mayor Colosimo congratulated the members of the Carbon Lady Dinos Basketball Team for winning the 1996/97 State 3A Utah Girls Basketball Championship. He presented each member with a red rose, and proclaimed Wednesday, March 19, 1997, as Carbon High Lady Dino Day in Price City. The Council congratulated the team on their hard work and dedication. The team and Couch Don Gressman thanked the Council for honoring them.

6. AUTO/RV SHOW - Permission To Close 1st East Street

Nancy Wood, representing KOAL, requested that 1st East Street from Main to 1st South and from Main to 1st North be closed for the annual Auto/RV show scheduled for Friday and Saturday, May 9th and 10th. MOTION. Councilmember Bringhurst moved that the request be granted. Motion seconded by Councilmember Piccolo and carried.

7. RICH MCCORMICK - Proposal For Price Office Building

Rich McCormick, Chairman of the Carbon Boy Scout District, presented a proposal to rent office space in the Price Office Building for use by the Boy Scouts. The Price office serves 2,000 young people and 500 leaders between Carbon, Emery, San Juan and Grand Counties. Councilmember Bringhurst stated that he would like the assigned committee to meet and come back with a recommendation at the next meeting, March 26th.

8. CLINT SANDERSON - Development and Subdivision Improvement Agreement, 326 East 200 South - Tabled

Clint Sanderson stated that he received a building permit to place a home on a parcel of property at 326 East 200 South. The permit was later cancelled because the sidewalk and gutter weren't in and the road wasn't paved. He asked how long these requirements have been in effect. Gary Sonntag stated that this is a code requirement contained in the Land Development Code. The property is located in the Price Townsite subdivision, which was developed in 1921. He doubts there were any codes at that time and does not know when the codes became effective. Mr. Sanderson stated that if this is in the code, the lot shouldn't have been sold without the stipulation that this was to have been done. Mr. Sanderson stated that he paid a substantial amount for the property and now he is looking at paying almost double to make improvements before he can get the building permit reinstated. He was issued a building permit on 2-24-97. A week later, the building permit was placed on hold because he did not have a letter of credit stating that he was going to spend another $20,000 to make these improvements. Mr. Sampinos stated that the City cannot control the sale of these lots. Mr. Sanderson stated he bought the lot and then got the building permit. He put the sewer and water in and everything was okay to go. Before the house was delivered, he received a letter stating he couldn't do anything until he has a Letter of Credit. He closed on the property approximately 2 1/2 weeks ago. He did not check with the City before he purchased the property. He was issued the building permit and the next day he was called and told to talk to Gary as there were some things he needed to do. He closed on the property and then went to see Gary. At that time he found out that he needed to make the improvements. Mr. Sanderson asked that his building permit be released? He will do half the property as he has a pretty large lot. He could put up his property as collateral. He was told by the City that it would cost $17,500 to put these improvements in. The Council directed that a special meeting be held Thursday, March 13th, 5:00 p.m. to review this with the Building Inspector to see what can be done to help Mr. Sanderson.

MOTION. Councilmember Bringhurst moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Denison and carried.

Meeting adjourned at 6:32 p.m.

Reconvened at 6:35 p.m.

9. GREEK FESTIVAL - Local Consent For Single Event Liquor Permit

MOTION. Councilmember Bringhurst moved that local consent be given for a single event liquor permit for the annual Greek Festival to be held Friday and Saturday, July 11th and 12th. Motion seconded by Councilmember Wheeler and carried.

10. UTAH DEPARTMENT OF TRANSPORTATION - Contract For Street Lighting Facilities

Joanne Lessar presented a contract with Utah Department of Transportation for lighting facilities for the intersections of 300 East 400 North, 100 North 300 East, 100 North Carbon Avenue, Main Street and Carbon Avenue, Main Street and 300 East, and Main Street and 700 East. Nick Sampinos has reviewed the contract and recommends approval. MOTION. Councilmember Piccolo moved that the contract be approved and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Denison and carried.

11. CARBON COUNTY INTERNATIONAL FOLKFEST - Fees Waived For Washington Park Pavilion, Wave Pool Passes

MOTION. Councilmember Wheeler moved that fees be waived for use of the Washington Park Pavilion on July 22nd, for the Carbon County International Folkfest dancers, musicians, and host families. Further that approximately 400-500 wave pool passes be given to this same group. Motion seconded by Councilmember Denison and carried.


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

Deseret Industries - Sign

Tire King - Sign

Carbon County Chamber of Commerce - Temporary A-Frame Signs

Shear Joy, Too - Sign

M J Trucking - Change of Location To 670 South Highway 55

MOTION. Councilmember Piccolo moved that the requests be approved and that Conditional Use Permits be issued. Motion seconded by Councilmember Wheeler and carried.


Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for the following home occupied businesses.

Hallmark realty Repair & Maintenance, 160 East 300 North Mark Hall-Owner - Handyman

Espinoza Distributing, 138 South 300 West, Gary Espinoza-

Owner - Tradewind Fruit Drinks

Superior Home Improvement,, 1778 East 800 North, Dennis

Rogers-Owner - Handyman

Castle Spec Home Inspections, 650 West 200 North, Michael

D'Ambrosio-Owner - Private home inspection services

MOTION. Councilmember Piccolo moved that the businesses be approved upon payment of the business license fee. Motion seconded by councilmember Wheeler and carried.

14. KIAHTIPES PROPERTY - Flood Plain Development Permit

Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the Kiahtipes Properties for a flood plain development permit at 125 North Carbonville Road. MOTION. Councilmember Piccolo moved that the request be granted. Motion seconded by Councilmember Wheeler and carried.

15. STATE OF UTAH, DIVISION OF INFORMATION TECHNOLOGY SERVICES - Contract For Fiber Optic Network - Committee Appointed

Councilmember Denison informed the Council that Superintendent Val Bush is at the meeting to discuss the fiber optic network. Nick Sampinos stated that the item was tabled at the last meeting, as he had some questions regarding the ability and method the City would charge other entities if such charges became a reality. As this was not addressed in the contract, he would like to review potential costs to the City so the City is protected in the future. He recommended that a committee be appointed to discuss this issue and report back to the Council with a recommendation. MOTION. Councilmember Denison moved that a committee be appointed, comprised of himself, Councilmember Nikas, Vern Jones, Mayor Colosimo, Aleck Shilaos, Ed Shook, Bob Potts, Pat Larsen, Gary Sonntag, and Nick Sampinos. Motion seconded by Councilmember Bringhurst and carried.


Mayor Colosimo presented the following travel requests and recommended approval with the exception of Gary Perea, and that Gary's travel be approved subject to review by Councilmember Nikas, who is over the Street Department.

Dick Perea, Gary Perea - City and County Road School, April 23-25, St. George

Pat Larsen - Utah Government Finance Officers Association, April 16-18, St. George

Scott Olson, Dennis Christensen - Small Agency Skills Week, April 14-17, P.O.S.T.

MOTION. Councilmember Piccolo moved that the above travel be approved per the recommendation of Mayor Colosimo. Motion seconded by Councilmember Wheeler and carried.


Mayor Colosimo presented the following rehires and recommended approval.

Charles Anderson, Jacob Garcia - Weed Dept., Laborers, Temporary/FT

Mary Noyes, David Flemett, Gus Pappas - Cemetery Dept., Laborers, Temporary/FT

MOTION. Councilmember Bringhurst moved that the rehires be approved subject to background review. Motion seconded by Councilmember Denison and carried.


Gary Sonntag reported that he attended the bid opening for the Price Main Street Reconstruction Project which was held at the Utah Department Of Transportation received and opened one construction bid for the Price Main Street Reconstruction project. The bid was submitted by Valley Asphalt in the amount was $927,385.96. The Engineers estimate was $539,917. Because the bid exceeded the estimate by more than 10%, the bid was not accepted. It will be necessary to start all over again, review the project to determine why the bid is so high and see if there are any modifications that can be made to the plans. Gary stated that some of the things we was able to find out why the cost was so high was mobilization. Not only was the contractor required to make the initial move onto the project, but also to move equipment in, out, and around to project to include sub-contractors. In order to facilitate the downtown area and lessen the impact, one of the requirements was to work only one side of the road at a time. This required the contractor to go in and out twice on the project, which increased the costs. This also effected traffic control, which made these costs higher. The installation of water and sewer lines was also higher because they would have to work on both sides of the street as well. Because of the alignment change through the underpass, a modular block retaining was was going to be installed along the side where the existing red rock is. This also was quite expensive. Another large expense is the landscape restoration, as sprinkler lines and sod would need to be replaced. The project time period was a factor. UDOT gave 60 working days, which the contractor felt was too short. They felt it should be either 90 or 120 days. He spent additional time working with the engineering consultant as well as UDOT trying to pick out things they thought were causing the increase that could be changes. In this quick effort, they found $200,000.


The Price Canal culvert on Cedar Hills Drive needs to have the west side extended in order to widen the road. At the last meeting, permission was given to staff to order the culvert extension. This has been accomplished. An order was placed with Contech Construction Products, Inc., of Salt Lake City. They are the only local supplier of structural plate aluminum pipe arch materials. The culvert will extend 18 feet. The cost of pipe materials will be $6,043.68. Deliver is expected in approximately two weeks. City crews will attempt to install the culvert as soon as it arrives. The canal company tentatively plans to fill the canal April 1st.

19. CLINT SANDERSON - Development and Subdivision Improvement Agreement, 326 East 200 South

Clint Sanderson is in the process of improving a vacant lot at 326 East 200 South. This is within the old Price Townsite Survey subdivision, Block 11. Before a building permit can be issued, the public improvements fronting his lot needs to be completed. This will include curb, gutter and pavement. Upon approval of the Development Agreement and filing of a Letter of Credit to guarantee the work, a building permit can be issued.

20. 800 NORTH STORM DRAINAGE PROJECT - Request For Engineering Consultant

We have scheduled the 800 North Storm Drainage project to be built this year, hopefully prior to August, 1997. This job will take place between Homestead Blvd. and Meads Wash. Permission is requested to negotiate a contract with an engineering consultant to complete the design, survey and construction documents.

21. LORNA ANN WAIN - Reimbursement For Tire and Wheel Damage

Lorna Ann Wain came out of the Price First Security Bank from the outside teller window onto 200 East. The front wheel of her vehicle hit a metal grate over a drain ditch. The grate flipped up and punctured the vehicle tire. Price City crews have taken steps to prevent this from happening again by welding the lid down. Ms. Wain has submitted a claim in the amount of $117.92. Permission is requested to pay this small claim instead of submitting it to our insurance, as out deductible is $1,000.

Norwest Mortgage, Inc., 90 West 100 North, Suite #16, Rich Schmalte-Manager, Mortgage Bankers & Brokers (61.6) $100