Minutes of The Price City Council Meeting

City Hall: Price, Utah

March 26, 1997, 5:00 p.m.


Mayor Lou Colosimo

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

Vernon W. Jones (Adminis. Ass't.), Joanne Lessar (City Recorder), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Francis Duzenack (Building Inspector), Cobb Johnson (Public Works Dir.), Aleck Shilaos (Police Chief)

Others Present: Rich McCormick, George M. Snyder, Denise V. Snyder, Kathy Colombo, Sherry King, Judy Mainord, Gary Harwood, Tom Davis, Paul Wheeler


The Council met at 5:00 p.m. to review the request to increase building permit/inspection fees. Councilmember Piccolo stressed his concern about building permit fees in general. He feels the building permit process is unfair and recommended the possibility of restructuring the process and charge an inspection fee rather than a building permit fee. Instead of issuing a permit based on valuation, the Building Department would be paid for the inspections they conduct. An inspection fee would be applied to everything built inside Price City and the building permit deleted. Francis Duzenack stated that permit fees are designed to pay for inspection services. It is not necessarily a revenue service over and above that. The ideal situation is where these fees would almost cover the full department budget. However, there are always incidentals over and above that don't apply to this. If building permits are waived, then there is no regulation. Councilmember Piccolo stated that he doesn't want to delete inspections, only the permit fee. Francis stated that the State of Utah adopted the Code statewide. The people in Price are actually getting by a lot cheaper than other places in the State. The League of Cities and Towns conducted a comparison of impact fees across the State. Through this comparison, it was found that the fees in this area are a lot lower. Councilmember Piccolo stressed his concern that the City does not inspect government projects. He also is concerned that a person has to purchase a building permit to reroof a house when that house has already been permitted. He feels this type of work is maintenance. He expressed concern that a dishonest individual can report that he has a $300,000 project when it actually is a $1 million project. When the little old lady down the street reroofs her house for $1,500, she pays the full amount. He feels it is not being administered fairly. If an inspection and approval schedule were implemented, the same permitting process could be used. However, it would be based on the work that is done, not on valuation. If the plans indicate the value as being $125, then that's what the man pays. Everyone would pay regardless if it is the College of Eastern Utah or Carbon County. If a project takes the time of a Building Department employee, they deserve to pay the fee. The inspection fee could be set at $45 an hour. If it is determined that an inspection on a certain project will take 10 hours, the individual would pay $450. If it runs over 10 hours, the individual would pay the additional, and if it is shorter, the refund could go towards their utility bill. Francis stated that every job is different. The simplest is a new home as opposed to a remodel. There is a provision in the Code to charge people for excess inspections. Francis stated that in his contact with other cities, he has never seen a permit fee charged for anything but the evaluation.

Councilmember Denison asked Francis if he could keep a log for the next 2 weeks to see what actually is involved, what the time frame is, and the dollar amount. He would not support making a change until there is more complete information. Councilmember Nikas also stated that he too does not favor the evaluation process, and referred to current projects that he believes reported incorrect valuations. He asked Francis how to avoid these kinds of situations? Francis stated that Buildings Standards publishes evaluation charts quarterly. New buildings are petty simple to work with, but it is difficult with remodeling because of the different versions. The only way a permit fee can be determined on large projects is by the evaluation the contractor provides. Councilmember Nikas agreed that there is a better way to assess fees, and felt that we should try and determine what that might be. MOTION. Councilmember Denison moved that a committee be formed consisting of Mayor Colosimo, Councilmembers Piccolo and Nikas, Francis Duzenack and Gary Sonntag, to review this and come back with a recommendation. Motion seconded by Councilmember Piccolo and carried.

Mayor Colosimo opened the regular meeting at 5:30 p.m. Boy Scout Troop #284 members, Daniel Wood and Jacob Smith, led the Pledge of Allegiance. Mayor Colosimo called the roll with the above members in attendance.

2. MINUTES - March 3, 1997

Joanne Lessar stated that she has corrected the March 3, 1997 minutes by changing "Councilmember Breinholt" to "Commissioner Breinholt". MOTION. Councilmember Denison moved that with the above correction that the minutes be approved. Motion seconded by Councilmember Nikas and carried.

3. MINUTES - March 12, 1997

MOTION. Councilmember Denison moved that the minutes of the March 12, 1997 meeting be approved as written. Motion seconded by Councilmember Wheeler and carried.

4. CASTLE COUNTRY GARDEN CLUB - Request To Plant Roses In Peace Garden

Kathy Colombo reported that the Castle Country Garden Club would like to do a community service project for Price City, and would like permission to plant peace roses in a small section of the Peace Garden. Joanne Lessar reported that Suda Merriman has reviewed this and found an area for the roses. MOTION. Councilmember Wheeler moved that the request be granted and that the garden club work with Suda Merriman. Motion seconded by Councilmember Piccolo and carried.

5. GEORGE SNYDER - Pit Bull Problem

George Snyder, 335 North 5th Avenue, reported that his neighbor, Stephen Manzanares, chooses not to fence his yard and he has a pit bull dog. Mr. Snyder expressed concern over the safety of his two children. A little girl who visited his home was bitten by a pit bull, and his poodle was killed by a pit bull. He feels the ordinances concerning dogs is very vague, and something should be done to control them. Chief Shilaos stated that an Officer responded to the above incidents and they have been handled. He has received no other calls. The owner of the pit bull understands if the dog is loose, he will receive a citation. If Mr. Snyder is willing to write a statement and willing to testify, a citation will be issued on his statement. The Officers have never seen the Manzanares dog off his property. It is his knowledge that Mr. Manzanares plans on fencing his property. Chief Shilaos stated that the pit bull that killed Mr. Snyder's dog was not the Manzanares dog. The Manzanares' dog was involved in the incident where the child was bitten. The child was playing with the dog in Mr. Snyder's yard, and the father of that child feels it was an accident or playful bite. The Council understood Mr. Snyder's concern over the safety of children. The Council directed Mr. Sampinos to review the ordinances passed by other cities pertaining to dogs of a vicious nature. Whatever is necessary to assist Mr. Snyder will be done.

6. HELPER CITY PEDESTRIAN WALKWAY TUNNEL - Support For Price City Waterline Relocation

Tom Davis, Helper City Councilmember, reported that Helper plans to construct a large pedestrian walkway tunnel under the road at the north entry into Helper from Highway 6. Creamer and Noble Engineers are the contractors on the project. As Price City's water transmission lines (12" and 16") are located in this area, it will be necessary to relocate the lines. Cobb Johnson expressed concern that these lines are the main transmission lines and cannot be shut down very long. Paul Wheeler, Water Superintendent, stated that the lines will have to be relocated and disinfected. He does not have enough information at this time to make a decision. He feels Helper City should pay the expenses to relocate the lines. The Council gave their support to move the waterlines and asked Mr. Davis to work closely with Paul Wheeler and Gary Sonntag.


Councilmember Denison discussed the possibility of raising swimming pool rates. They have not been revised for several years. He asked the Council for their suggestions to decrease losses. It has been necessary to transfer funds from the General Fund to assist in providing services, such as aerobic classes, lap swimming, swimming lessons, etc.

A family pass is currently $143. An increase of $20 is recommended. Councilmember Nikas stated that it is difficult to favor a rate increase without knowing what the projections are. Some people will discontinue swimming because of the higher rates. He feels this is probably one of the most important recreation activities for some people in the community. He recommended that they not be priced out of reach for financially strapped people. To reduce expenses and overhead and to keep kids coming to the pool in the summer, he prefers cutting back services or programs at the pool. Councilmember Piccolo suggested selling more family passes. Councilmember Nikas recommended increasing non-resident passes. The extra funds to operate the pool comes from taxes that Price City residents pay. The Council will review this and make a recommendation.


Councilmember Bringhurst recommended that instead of constructing the underpass sprinkling system in the amount of $7,000, that this amount, along with $6,000 already in the budget, be used to refinish the basketball court at Washington Park. It was recommended that in addition to resurfacing, that lighting be installed. MOTION. Councilmember Bringhurst moved that $13,000 be allocated to refinish the basketball court and that staff be directed to look into the possibility of lighting as well. Further, that before using concrete, that staff check into the price of a new interlocking plastic used for basketball and tennis courts. Motion seconded by Councilmember Piccolo and carried.


Councilmember Bringhurst reported that Lyle Bauer, Cemetery Sexton, is requesting permission to repossess unclaimed burial plots that have not been used for 60 years. Nick Sampinos stated that there is a procedure under State law that requires an attempt to contact the owners personally and if that cannot be done, then a resolution would be adopted and published. If no one comes forward with the instructions contained in the resolution, the City can repossess the plots. Councilmember Nikas asked if someone did buy these plots for their children, could the City do something to allow them to have another plot at a cost factor that is fair? Councilmember Bringhurst recommended accommodating them and let them choose a plot somewhere else. The Council directed that this item be tabled for further information.

10. PRICE OFFICE BUILDING - Rental Proposals Approved

Councilmember Bringhurst reported that the committee appointed to review the use of the Price Office Building is recommending that the Chamber of Commerce, Carbon Recreation, Travel Bureau, Carbon County Future and possibly Community Development, all be placed on the bottom floor in the set of offices on the northeast corner. Councilmember Nikas referred to the issue regarding additional tenants in the building. As owners of the building, the Council should have the final say. A sentence in the letter of intent stated that Price City would notify and discuss with the present tenants, the request of potential tenants. The Council will not put anyone in the building that is not harmonious with someone else. The Council recommended that this sentence be eliminated. MOTION. Councilmember Bringhurst moved that the above entities be approved to occupy space in the Price Office Building, and that Mr. Sampinos be instructed to draw up the necessary contracts eliminating the sentence on potential tenants. Motion seconded by Councilmember Denison and carried. The committee appointed to review the proposals consisted of Mayor Colosimo, Councilmembers Bringhurst and Wheeler, Vern Jones, and Pat Larsen.

Councilmember Bringhurst continued to report on the Price Office building. The committee received a request from the Boy Scouts to occupy an office in the building on the northeast corner of the bottom floor. MOTION. Councilmember Bringhurst moved that the Boy Scouts receive approval to rent an office on the northeast corner of the bottom floor for $150/month for a partial service contract on a month to month basis. Motion seconded by Councilmember Denison and carried.

Councilmember Bringhurst reported that the Price River Water Users Association had requested permission to rent an office in the building. MOTION. Councilmember Bringhurst moved that the PRWUA receive approval to rent Room 242 on the southwest corner located upstairs at $7/square foot for 250 square feet. Motion seconded by Councilmember Wheeler and carried.

Councilmember Nikas raised the question regarding the amount being charged per square feet. Is there justification for $7 versus a higher fee? Are these people being charged $7 because they are quasi-governmental? Councilmember Bringhurst viewed the water users as a non-profit semi governmental agency. The question arose whether to advertise again to the public. It was recommended that the public be made aware that space is available.

Councilmember Bringhurst reported that Med America has requested permission to rent 750 square feet. The committee proposed a fee of $9/square foot. Med America called back and counter offered with $8/square foot. The committee felt they could rent it for $8.50/square foot. MOTION. Councilmember Bringhurst moved that Med America be approved to rent Rooms #262, #263, and #264 on the upstairs level at $8.50/square foot, and that the public be made aware that commercial space is available for $8.50/square foot. Motion seconded by Councilmember Denison and carried.

11. RESOLUTION #97-05 - Renaming Price Office Building (Central School Building) To Price Community Center

Councilmember Bringhurst reported that the committee reviewed several options to rename the Price Office Building (Central School Building). Option #1 is Price Community Center or Price Community Development Center. Option #2 is Price Community Complex or Price Community Development Center or Price Community Development Complex. Vern Jones presented Resolution #97-05 naming the building Price Community Center. Councilmember Bringhurst recommended that a sign be developed to place on the building. MOTION. Councilmember Bringhurst moved that Resolution #97-05 be adopted establishing the Price Community Center, that the Mayor and City Recorder be authorized to sign the resolution, and that a sign be designed and approved by the Planning and Zoning Commission. Motion seconded by Councilmember Denison and carried.

12. CLASS "C" ROADS - Permission To Prepare Specifications and Advertise For Bids

MOTION. Councilmember Nikas moved that permission be given to prepare specifications and advertise for bids for Class "C" Road construction (overlays and mix), subject to a Schedule D, which will be discussed under the Main Street Project. Motion seconded by Councilmember Denison and carried.

13. CASTLE HEIGHTS ELEMENTARY - Recommendtion To Board Of Adjustments For Conditional Use Permit


Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits subject to the following.

Castle Heights Elementary - Illuminated Sign - As an illuminated sign is not permitted in a residential district, the Board gave favorable recommendation to the Board of Adjustments that they might have the lighted sign approved. Francis Duzenack will research this for an alternate resolution.

Gary Grako Tire - Sign replacement on northwest corner of property not to overhang sidewalk.

McDonald's Restaurant - Sign

MOTION. Councilmember Piccolo moved that the requests be approved per the following contingencies and that Conditional Use Permits be issued. Motion seconded by Councilmember Nikas and carried.

14. TACO BELL RESTAURANT - Preliminary and Final Approval

Councilmember Piccolo reported that the Planning and Zoning Commission gave a preliminary and final approval for the Taco Bell Restaurant, 120 North Carbonville Road, subject to a Development Agreement and Letter of Credit. Several questions were raised concerning the existing sewer lines. The property is crosscut by sewerlines and one of the City's main sewer lines is 8 1/2 feet from the southwest corner of the building. P&Z requested that the owners provide an easement through the entire property so that the City can improve and maintain the sewerline. Questions were also raised regarding parking stalls. Taco Bell will use some of UDOT's property for parking. They currently have 46 parking stalls which is an adequate amount. Councilmember Denison questioned whether the presented plan allowed for proper ingress and egress of future development of the eastward adjacent property? Councilmember Piccolo stated that there was a concern regarding how they were going to access the second part of their property, which is not shown on the development map. P&Z stipulated that the driveway being jointly used on the northern corner of the development of Taco Bell would not be the only access in and out of the remaining property. Future development would have to comply with traffic demands at the time of construction. Rather than hold this project up for something they weren't concerned with at the present time, the Commission recommended approval. The Kiahtipes brothers, developers of the property, agreed to comply with the requirements of the Commission at the time of future development. The Kiahtipes' have applied for concept approval for a convenience store to be developed on their property across the street. The last portion of development will be the northwest corner. MOTION. Councilmember Piccolo moved that preliminary and final approval be given to the Taco Bell Restaurant contingent upon receipt of the Development Improvement Agreement and Letter and Credit, and an easement through the property for sewerline purposes. Motion seconded by Councilmember Bringhurst. The motion passed by the following vote:

Councilmember Piccolo "aye"

Councilmember Wheeler "aye"

Councilmember Nikas "aye"

Councilmember Bringhurst "aye"

Councilmember Denison "naye"

Councilmember Denison felt that the access issue should be resolved at this time rather than in the future. He expressed his support of the proposed development, however, due to his concerns, could not support the motion as made.


Mayor Colosimo presented the following travel requests and questioned training for employees who plan to retire within the very near future.

Gary D. Sonntag - 1997 City Streets and County Road School, St. George, April 22-25

Kent Boyack - Utah State Fire Chiefs Association Training Seminar, St. George, April 4-5

Guy Norton - Chemistry of Hazardous Materials, Park City, April 14-25

Sgt. Mark Liddiard - Basic Internal Affairs, P.O.S.T., April 21-23

Sgt. Bill Barnes - Management Planning and Budgeting For Police Administrator, P.O.S.T., April 29 - May 2

Joanne Lessar - Utah Municipal Clerks Association Spring Conference, Cedar City, April 16-18

The Council discussed the above training for Sgt. Mark Liddiard, who will be retiring within 4-9 months. Police Chief Shilaos stated that the training was requested in order to keep the officer certified. However, other sources of training can be provided to maintain Sgt. Liddiard's certification. He withdrew the request for Sgt. Liddiard, and instead of sending Sgt. Barnes to the above requested training, he will send him to Basic Internal Affairs instead. Councilmember Nikas stated that at the last meeting, travel was approved for the Street Supervisor and pending his review, was also approved for the street lead person to attend the City Streets and County Road School. He felt comfortable with two people going because of the number of classes. At that time, he was unaware that Gary Sonntag wanted to go. He now feels that Gary Sonntag should attend the schooling with the street lead person due to the retirement situation with the Street Supervisor. He feels that two people attending the meetings would be adequate. Councilmembers Wheeler and Piccolo and Mayor Colosimo felt that all three employees should be permitted to attend the meetings. MOTION. After further discussion, Councilmember Piccolo moved that the above travel be approved, with the exception of Sgt. Liddiard, and that he receive training through other sources. Further, that Sgt. Barnes attend the Basic Internal Affairs, and that a memo be sent to the supervisors requesting them to review future retirees, and that this be considered before placing the requests on the Council's agenda. Motion seconded by Councilmember Wheeler and carried.

16. STREET DEPARTMENT TRAVEL - 1997 City Streets and County Road School

Councilmember Denison moved that the travel approved at the Council Meeting held March 12, 1997 be changed so that only one person from the Street Department be authorized to attend the 1997 City Streets and County Road School, and that the Street Supervisor decide who that might be. Motion seconded by Councilmember Bringhurst. The motion passed by the following vote:

Councilmember Bringhurst "aye"

Councilmember Denison "aye"

Councilmember Piccolo "naye"

Councilmember Wheeler "aye"

Councilmember Nikas "naye"


Mayor Colosimo presented the following rehires and recommended approval:

Gil Yelonek, Ron Tweed - Maintenance Dept., Laborer, Temp/FT

Fred Nichols - Water Treatment Plant, Operator, Temp/FT

Troy Watkins - Parks Dept., Laborer, Temp/FT

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


MOTION. Councilmember Bringhurst moved that permission be given to hire four temporary/ft employees for the Parks and Cemetery Department subject to background checks. Motion seconded by Councilmember Denison and carried.

19. CONCRETE PURCHASE FOR 1997 - Permission To Advertise For Bids

MOTION. Councilmember Piccolo moved that permission be given to advertise for bids for the purchase of concrete for 1997. Motion seconded by Councilmember Nikas and carried.

20. MAIN STREET PROJECT, UDOT STP-1342(1)0 - Project Revisions and Re-Bid Approved

Gary Sonntag reported that as was explained at the last meeting, the Utah Department of Transportation rejected the only bid submitted on the Main Street Project because it exceeded 10% of the engineers estimate. Since that time, a committee appointed by the Council met with the design engineer to discuss the impact of the project on the overall cost. Several adjustments will be made to reduce the cost. Some of those include the City doing the landscaping, furnishing water without charge, allowing the road to be completely closed off during times of construction, modifying gravel mix designs, and lengthening the project time from 60 days to 90 working days. In addition, the pavement portion of the project will be separated into another contract that would be outside UDOT's jurisdiction and control. The asphalt pavement would be bid under a Class "C" roads contract. There will be a separate bid schedule that will address this particular section of pavement along with the other normal overlay work. By doing this, the City is able to use their specifications, which can be addressed by the local hot mix plants. These have been used before with this specification. Troy Ostler of The Engineering Group and the City's Design Consultant, reviewed this concept with UDOT and they agreed. This project will be re-bid by UDOT in the near future in an effort to have the work completed this construction season. Vern Jones reported that based on the transportation bills that were passed in the Legislature, Price City will receive an additional $140,000 in Class "C" Road funds. Councilmember Nikas stated that after the water and sewer lines are replaced and the dirt is compacted, there will be approximately a 9" drop down to the curb. It is hopeful that the contractor who is the successful bidder for Class "C" Roads can complete both the road base and asphalt for this project. As there might be a short interval between the time the gravel is placed on the road and the asphalt is completed, there is a concern over dust. Option #1 would be to spray a sealer coat over the top of the gravel. Option #2 would be to have City crews place a 2" pavement until the pavers can complete the project with the thicker pavement. Other possibilities will also be reviewed. Depending on how the bids turn out, it is estimated that $60,000 of Class "C" Road funds will be used for the above project. MOTION. Councilmember Nikas moved that staff proceed with the project. Motion seconded by Councilmember Piccolo and carried.


Councilmember Bringhurst reported that before the trees are removed on Main Street, Lyle Bauer has an idea how to prune the trees way back. He would like to wait until fall and see what takes place. At that time, if the store owners still wants them removed, he will remove them. It was recommended that the Shade Tree Commission become involved with the decision to remove the trees. MOTION. Councilmember Bringhurst moved that the trees remain on Main Street and be trimmed as recommended, that the Shade Tree Commission be contacted for their input, and if the store owners want them removed in the fall, that they be removed. Further, that the tree in front of Lees Music be evaluated by the Shade Tree Commission for immediate removal. Motion seconded by Councilmember Denison and carried.


MOTION. Councilmember Nikas moved that an Executive Session be scheduled for Monday, March 31st, 5:30 p.m., for the purpose of reviewing medical benefits for retired employees. Motion seconded by Councilmember Bringhurst 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 8:06 p.m.

Reconvened at 8:16 p.m.

Meeting adjourned at 8:30 p.m.