Minutes of The Price City Council Meeting

City Hall: Price, Utah


May 22, 1996, 5:30 p.m.


Present:

Mayor Lou Colosimo

Councilmembers:

Roy A. Nikas, Betty P. Wheeler, Steve Bringhurst, Joe L. Piccolo

Gary Sonntag (City Engineer), Vernon W. Jones (Adminis. Assistant), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Aleck Shilaos (Chief of Police)

Absent and Excused:

Councilmember Stephen L. Denison, Cobb Johnson (Public Works Director)

Others Present: Nick Voncar, Mike Peterson, Rick Todd, Paul Morgan, Duane Frandsen, N.J. Singleton, Richard Jessop, Carolyn Kister, Michael Burke, Jack Coleman, Kevin Hamrick, Roy Hofer, Rose Marie Hofer, Patricia Madsen, Ann Macdonald, Pat Marinoni, Ella Passarella, Lela Thacker, Tom Alexander, Frank Peczuh, Janet Minchey, Earl Hansen, Chandler Nelson, Gary Ortega, Jeff S. Masters, P.E. Daniel Guthrie, David Holmgren, Kevin Ashby

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


1. MINUTES - April 15, 1996

Motion. Councilmember Wheeler moved that the minutes of the April 15, 1996 meeting be approved. Motion seconded by Councilmember Nikas and carried.

2. MINUTES - April 23, 1996

Motion. Councilmember Bringhurst moved that the minutes of the April 23, 1996 meeting be approved. Motion seconded by Councilmember Piccolo and carried.

3. MINUTES - May 2, 1996

Motion. Councilmember Piccolo moved that the minutes of the May 2, 1996 meeting be approved. Motion seconded by Councilmember Nikas and carried.

4. BID OPENING - Water System Expansion Project IV - Phase II - Pump Station and Pipeline Project - Committee Appointed

The following bids were received for the Water System Expansion Project IV, Phase II, Pump Station and Pipeline Project.

K & P Plumbing $ 944,569.08

GH Excavating $1,111,843.08

Nelson Irrigation $ 929,563.50

Jesoco, Inc. $ 946,777.00

Minchey Digging $ 960,616.28

COP Const. $1,069,996.00

Motion. Councilmember Piccolo moved that a committee comprised of himself, Councilmember Nikas, Vern Jones, Gary Sonntag, Pat Larsen, and CRS Engineering, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Nikas and carried.

5. BID OPENING - Price City Central Office Complex, Build-Up Roof Replacement - Committee Appointed

The following bids were received to replace the roof on the Price City Central Office Complex.

Contract West Roofing $ 39,300.00

Guaranteed Roofing $ 37,510.00

Hansen Roofing $ 25,900.00

MRJ Roofing $ 36,000.00

Motion. Councilmember Wheeler moved that a committee comprised of herself, Councilmember Bringhurst, Pat Larsen, Vern Jones, Cobb Johnson, and Dean Denison, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Bringhurst and carried.

6. BID OPENING - Video Pipeline Inspection System

The following bids were received for the Video Pipeline Inspection System.

H & K Truck Equipment $ 27,182.00

AG Truck Equipment $ 29,885.00

Pacific Utilities $ 28,205.00

Lee Tool $ 57,822.00

Motion. Councilmember Piccolo moved that a committee comprised of himself, Councilmember Nikas, Cobb Johnson, Pat Larsen, and Paul Wheeler, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Nikas and carried.

7. BID OPENING - Skid Steer Type Loader

The following bids were received for a Skid Steer Type Loader.

Mesco $ 24,646.00

Scott Machinery $ 19,780.00 (Model 863)

$ 21,525.00 (Model 7775)

$ 16,543.00 (Model 773C)

M & R Equipment $ 22,300.00

Motion. Councilmember Nikas moved that a committee comprised of himself, Councilmember Bringhurst, Dick Perea, Cobb Johnson, and Pat Larsen, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Bringhurst and carried.

8. PUBLIC HEARING - Rezoning Request, 300 East 400 North, RM-7 To CN

Mayor Colosimo opened the Public Hearing at 5:50 p.m. to receive comments regarding the proposed rezoning of 300 East 400 North from RM-7 to CN.

Frank Peczuh - 414 North 3rd East - He would like to make a stand against the rezoning. Several of his neighbors were also present and agreed with Mr. Peczuh; Judy Peczuh, Dave Cox, Jackie Ross, Ray Hofer, Rose Marie Hofer, Patty Madsen, Pat Marinoni, and Ann Macdonald. It was felt that since the college is in this area, that the vacant lot being proposed for a fast food restaurant, would be better utilized as a parking lot for students. A fast food restaurant does not blend well with the park and college.

Frank Peczuh - The additional traffic will choke an already congested and ill-planned intersection. There is not sufficient parking space for the college's current needs. The addition of a business will only compound the problems. It will impact the residential neighborhood's overall quality of life. This type of business in an established neighborhood cannot exist. The noxious smell of the fast food, the litter, the increased coming and going of young people, the attraction of an undesirable element and the increased risk of criminal activity is just a partial list of the damages that will occur to a nice neighborhood. The elderly residents deserve to be free of commercial infringement in their peaceful back yards. Quiet summer evenings will become noisy, boisterous, and a boom-box alley. The need for an establishment of this sort in the area has already been satisfied by the Milky Way. He is totally against it.

Jackie Ross, 330 East 400 North - Directly impacted by this as she is the Hamaker's next door neighbor. When she first moved into her house 16 years ago, there was a house next door, it wasn't an empty lot. When it was sold, the house was removed and it became an empty lot. The people who bought it planned to put a medical center. All of the neighbors at that time were invited to a meeting to voice their concerns. After they voiced their concerns, the people were told that it didn't matter because it was already approved. She questioned if its a waste of time to be here tonight, because she has watched survey crews in the area for the past 2 weeks. As a member of the community and as somebody who travels up that street and thinks its one of the most beautiful streets in Carbon County and that CEU is one of Carbon County's main calling cards, she cannot see any local businessman wanting to establish a fast food restaurant on this property. In the 16 years she has lived in the area, she has called the ambulance 3 times, for children who were hit at the intersection or for car accidents. She understands there is talk of putting a stop light, but whether there is a stop light or not, the traffic is horrible. Residents of this area have had to endure a lot when events come to the park, but they are used to it and accept it. She doesn't think they accept the fact that somebody wants to ruin their residence by putting in a fast food restaurant.

Councilmember Nikas stated that the survey crews Ms. Ross is talking about are the Department of Transportation to work on the plans for the intersection light that has been approved and budgeted by UDOT. They anticipate it will be in by the summer of 1997.

Dave Cox, representing the Milky Way. He realizes that they are would not be looking forward to additional competition. However, they have noticed a drop off in the amount of lunch business they do. This is mainly due to both the high school and the cafeteria at the college have upgraded their services quite a bit from earlier school days. The biggest argument he can give is that the Oliveto family established the Milky Way in the early 50's. Pictures dating back to that time indicate there were no houses around. Everybody that moved in the area after that time knew the business establishment was there. It wasn't something that came in after the fact. He closes his business at 9:00 p.m. during the summer and at 8:00 p.m. during the winter.

Councilmember Nikas informed the Council that a CN Zone does not only apply to a fast food restaurant, but other business occupants as well, such as convenience stores.

Michael Burke, P. O. Box 254 - He used to live in the area approximately 4 years ago. He thinks its a good area to live in and doesn't think a business should be allowed. He referred to the area around Smiths parking lot. Kids are driving around all the time. If one business goes in, then there will be more. A lot of noise, traffic, and parking problems will be created.

Councilmember Piccolo reported that the Planning and Zoning Commission called for this public hearing because of the request by Mr. Singleton, and so that it could be reviewed and discussed with the residents affected. He thanked all the residents for being here tonight. There were no pros and cons. One of the issues discussed was if one lot could be spot-zoned, not effecting other residences. The Commission felt this was not proper to do this. Therefore, all residents in the area that would be effective by this zoning ordinance were included.

N. J. Singleton, proposer of the rezoning, presented a sketch of the proposed rezoning, and explained the ingress and egress for a fast food restaurant. He passed the sketch around to those in attendance at the meeting

Jackie Ross - As a teacher, she is concerned about the safety of children. She sees nothing but problems, whether it be with vandalism, accidents, or traffic congestion. This is a small community. There is a downtown area for these type of establishments. She feels this area should be used for parking for the college.


Councilmember Bringhurst asked if there are any other residential areas within the City zoned commercial or multiple use. Gary Sonntag indicated that there are quite a few areas in the downtown area that are Central Development (CD), which is an intermix with both residential and commercial. There is only one neighborhood zoned commercial which is on the corner of Cedar Hills Drive and 800 North where the Stop N Shop business is located. This is the only building within that particular zone.

Councilmember Nikas is concerned with a CN Zone in this area which would open up potential buyers of the rest of the residential area and put up other types of stores, such as gas stations, convenience stores, etc.

Motion. Councilmember Nikas moved that the request for the RM7 to CN Zone be rejected. Motion seconded by Councilmember Piccolo and carried. The Public Hearing adjourned at 6:08 p.m.

9. PRICE CHAPEL, CHRISTIAN AND MISSIONARY ALLIANCE - Request To Waive Rental Fees For Swimming Pool and Washington Park

Motion. Councilmember Bringhurst moved that rental fees be waived for the use of Washington Park for the Price Chapel Christian and Missionary Alliance's youth events scheduled June 1st, and that the group be encouraged to obtain a group rate for use of the swimming pool. Motion seconded by Councilmember Piccolo and carried.


10. PUBLIC HEARING - Adoption of Budget For FY1996/97

Mayor Colosimo opened the Public Hearing at 6:12 p.m. to receive comments on the adoption of the budget for FY1996/97.

Jim Conover - Would like to find out the disposition and/or possibility of instituting an across-the-board fee increase on utilities, and if so, how it would impact the City budget and revenues.

Councilmember Nikas stated that the notice the utility users received is that there is going to be an increase in Price City electric rates. The Council has some options in the near future of additional revenues coming in possibly on the sale of surplus property and a fund balance from the 1995/96 budget year. The budget was short approximately $115,000. The city was short in funding some capital improvements, and since these items were uncertain, it was necessary to increase electric rates 3%. However, it is not wise to do this every year when the budget is short. There will be some changes in the future. Unless sales tax revenues increase, the City will see a significant problem in City income levels and still maintain the same quality of service. It may be necessary to reduce City services. At this point in time and for the next fiscal year, the Council felt that the 3% increase in utilities was the best direction to go as opposed to cutting back services. The Legislature is looking at some options where cities can look at alternative financing, including sales tax options and an increase in property taxes. The Council felt that the electric rate increase was a more equitable charge for the citizens of Price as opposed to a property tax increase, because a property tax increase would not involve the sector that were renting.


Jim Conover - Thanks to the cooperation of the City, he has had an opportunity to look at the budget and the auditors report. He commented that the budget wish list as submitted by department heads, is only being funded to a level of 47%. This tells him that the City is prudent in determining what capital and budget expenditures must be made. He cautioned the Council that a quick fix in 9 times out of 10, they don't come back. He would like to have the opportunity in conjunction with the Council, to try and see if there aren't some other alternatives with regards to funding this cash flow shortfall. In private enterprise, two things are done, either downsize or increase revenues, such as sales tax, property tax, and user fees. He thinks the City and the municipality as a whole has been not as aggressive in promoting growth as it should be. This is the quickest way to have long term and lasting impact on revenues. He recommended looking at the possibility of liquidating any surplus property or surplus equipment, anything that might be cash converted as opposed to a flat increase across the board. If this is not feasible, he would felt that the Council should make note that this is a one-time fee increase only to not only be reviewed by the Council, but in a public forum of any future increases. He offered his assistance to the City in any way that he could.

Vern Jones stated that the City is currently advertising a parcel of surplus property for sale, which is located in the Wellington Industrial Park. The City is hopeful that this property will be sold. In addition, an inventory of city-owned property in the County at large, was conducted and those properties are being appraised for sale to the public.

Jim Conover - Felt that these are steps in the right direction. He commended the City for this action. He hopes that the general public is made aware of these assets that may be for sale.

Councilmember Piccolo stated that the properties mentioned were brought about by the budgeting process, realizing that there are other alternatives. He thinks the City's goals are parallel to what Mr. Conover is recommending.

Councilmember Bringhurst stated that the City looked at some options of selling property or surplus equipment. This too is a one-time fix. You can't sell the same property year after year.

Ella Passarella - She is a senior citizen. Social Security gave seniors a 2.4% increase in January, 1996. Medicare raised their premiums $6/month. The Water Department raised another $2, Cable TV raised $3.50, and now 3% for electricity, plus the price of gas. She donates time to the Senior Citizen Program and also to the Grandma Pen-pal. She will not be able to afford the gas to drive to the center. This 3% increase is higher than what her Social Security increase was. She is solely on Social Security, and has no other income.

Ernie Etzel - Asked if the Electric Fund has a surplus fund that has been transferred to the General Fund. Pat Larsen stated that Electric Funds have been transferred. As a past letter carrier, he has seen what that monthly Social Security check means to many seniors. Every dollar they have or any increase in the City effects them. He recommended that if at all possible, try to find other places for the money.

Mayor Colosimo stated that if the City didn't have the Electric Fund, the City would not have any money for capital improvements or anything. This is where the City makes their revenue.

Councilmember Nikas stated that currently $500,000 is left as a cushion in the Electric Fund for emergencies, such as a sub station goes down, or some lines maintenance that have to be replaced because of some serious situation. There is approximately $1.5 million dollars that comes out of the Electric Fund to the General Fund to pay for all of the departments of Streets, Parks, Cemetery, Police, etc. Water funds are not included. The profit that is made from Electric Fund is a very vital component of running the City. This will change sometime in the very near future because of the regulatory climate with electricity, competition, etc. Where does the City go from here? The options the City has are property taxes, which are currently about 1/3. Sales tax, which cannot be increased arbitrarily until the State allows the City to increase their percentage of sales tax. Sales tax has basically been stagnant, and in some years have actually gone down. And then there are the fees that the City charges. The City is going to have difficulty moving from a profit situation on the Electric Fund to some other source of revenue and still maintain all the departments, even half or 25% of what they are right now. The City will have to look at either getting money from other sources, other than the Electric Fund, or look significantly, to cut back on services. The public needs to let the City know what capital improvements and services they want the City to continue doing. This is the input the City will need over the next few years.

Ernie Etzel - Recommended not to increase rates for those residents who are 65 and older, and let the rest of us pay. The City is becoming a beautiful place, and he knows it costs money. However, if there is anything that can be done to help these people, that it be done.

Mike Burke - He disagrees with Mr. Etzel's recommendation to not allow increases to those only 65 and older. He is 53 and is disabled and cannot work. He is also on Social Security. This would be a discrimination for those on Social Security before age 65. He recommended citing those people who park their cars in handicapped spaces.

Vern Jones - Reviewed some of the increases that have occurred, such as Utilities and gas. In his opinion, the City's electrical rates are the only thing the citizens pay that the City actually takes to do business, but gives it right back to them. The increase in cable television goes to corporate headquarters, it doesn't come back to customers. The City doesn't take the profits or the money generated off of the electric rates and put it back in the Electrical Department. It is put back into public improvements. Citizens are getting more than just power for their money.

There being no further comments, Mayor Colosimo closed the hearing at 6:38 p.m.

11. MRS. LAVAUN STORY - Request To Park On Parkway

Mrs. LaVaun Story, 630 North 100 East, asked permission to park astraddle the curb in front of her home. Because First East is narrower than most streets, they paved their parkway and felt it was safer to park astraddle the curb than park in the street. She has a daughter that is legally blind and has physical impairments, and it is easier for her to enter and exit cars from the parkway. Mrs. Story received a ticket for parking on the parkway, but feels this is more of a safety issue than a violation. Several of her neighbors agree with this concept. When cars are parked on the street, they are almost hit by passing cars.

Ron Butler, neighbor to Mrs. Story, feels that special consideration should be given. He questioned why this is enforced, when the person who owns the house pays for the concrete, even though the parkway is owned by the City. He too feels it is a safety issue, as the street is very narrow.

Councilmember Nikas assured Mrs. Story and Mr. Butler that this is just not enforcement on their street. It is city wide. There have been a number of people parking in the parkways and across sidewalks, not only in residential sections, but also in business sections. Numerous complaints were received. However, there might be some specific circumstances, such as in this case. He recommended reviewing the ordinance to see if there is anything pertaining to certain circumstances, where special consideration may be given. Nick Sampinos agreed that this should be reviewed. Special consideration could be given for handicapped-type situations, with special permits. However, it needs to be quantified with specific parameters set up.

Police Chief Aleck Shilaos stated that the driveways and gutters on this street are not defined. It seems almost natural to park as they are doing. People have parked this way year after year. Councilmember Nikas recommended that the ordinance be reviewed to see what adjustments can be made.

12. RANDY MATHIS - Rental Fees Waived For Pioneer Park

Motion. Councilmember Wheeler moved that the verbal approval to waive rental fees for the use of Pioneer Park by a group of Salt Lake 3rd grade students on a field trip be ratified. Motion seconded by Councilmember Bringhurst and carried.

13. ALBERT VOGRINEC - 250 North 400 West, Request To Acquire Alley

Gary Sonntag reported that he was directed to evaluate the request of Albert Vogrinec, 250 North 200 West, to acquire the alley behind his home to build a garage. Jeff Richens, 320 West 200 North, who is on the east side of the alley, plans to do a sizable excavation on his property to make changes. These two projects do not appear to change any features of the alley, particularly adjacent to Mr. Vogrinec. A power pole located in the alley will be considered if this request is approved. Councilmember Piccolo stated that 2 power poles will be effected by Mr. Richens and Mr. Vogrinec. The south power pole will have to be removed before Mr. Richens is finished with his excavation. When this power pole is removed, it may be necessary to install two additional power poles. He questioned if this expense has been considered by either Mr. Vogrinec or Mr. Richens. This should be considered before a motion is made to grant their requests. Mr. Sonntag will have the Electric Department check this out and will report back to the Council.

14. DOWNTOWN BUSINESS ASSOCIATION - Request To Close 1st East Between Main Street and 1st North


Motion. Councilmember Nikas moved that the Downtown Business Association be permitted to close 1st East between Main Street and 1st North between 11:00 a.m. and 3:00 p.m. on Tuesday, June 25th, during Black Diamond Rodeo week to sponsor a barbecue. Motion seconded by Councilmember Piccolo and carried.

15. CARBON COUNTY CHAMBER OF COMMERCE - International Days Parade

- Beer Tasting Booth Tabled

- Contribution For Visiting Bands Approved

Tom Patterick, representing the Carbon County Chamber of Commerce requested permission to allow a beer tasting booth at the park during International Days. The individual who owns Grogs Brewery has special beer, which he would like to advertise. In doing so, he will give a small amount of beverage of their choice along with a sandwich. No beer will be sold at that time. The Council discussed this with Mr. Sampinos and the possibility of liability. There is a different liability between being a host and being a seller. This is also a unique situation as a micro-brewery is new to this area. The Council discussed approving the request with several controls, such as allowing the sample of beer to be given on Friday and Saturday afternoon and evening only, that the sample not exceed 2 ounces and that it be served with a sandwich, that all State and local laws be adhered to, and that the sample drink be served within a certain fenced area. Motion. Councilmember Bringhurst moved that the item be tabled and that the owner of Grogs be invited to the next Council meeting to discuss the above controls. Motion seconded by Councilmember Nikas and carried.

Mr. Patterick requested that the Council consider providing free wave pool passes for those bands that are visiting and marching in the International Days Parade. Councilmember Nikas stated that in addition to the passes, a letter received from Jackie Davis is requesting that $100 be contributed towards each visiting band. Motion. Councilmember Bringhurst moved that $100 be given to each band and $50 credit towards passes for the wave pool. Motion seconded by Councilmember Nikas and carried.

16. CARBON COUNTY CHAMBER OF COMMERCE - Black Diamond Stampede Rodeo, Conditional Use Permit, A-Frame Signs


Tom Patterick requested permission to place A-Frame signs within City limits to advertise the Black Diamond Stampede Rodeo. The signs will be removed in a timely manner after the event. Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation for this request. Motion. Councilmember Piccolo moved that the A-Frame signs be approved and that a Conditional Use Permit be issued. Motion seconded by Councilmember Wheeler and carried.

17. CASTLE COUNTRY WILDLIFE REFUGE CENTER - Public Hearing Scheduled (Nuisance Complaint)

Nick Sampinos reported that complaints have been received regarding the Castle Country Wildlife Center operated by Eddie Horvath. Several months ago, approval was given by both the Planning and Zoning Commission and the City Council for this operation. The complaints deal with odors, field mice, and screams emitting from the live rabbits that are being fed to the hawks. Building Inspector Francis Duzenack, and Police Chief Aleck Shilaos inspected the premises and found a distinct odor coming from the property. Under the Land Development Code, a joint hearing between the Planning and Zoning Commission and the City Council can be held to review the Conditional Use Permit. Mr. Horvath must be given 5 working days notice prior to the hearing. The Council directed that a Public Hearing be scheduled for Wednesday, June 5th, 5:30 p.m.

18. BMX TRACK CONTRACT - Tabled

Nick Sampinos reported that he is in the process of reviewing the BMX track contract. He request that the item be placed on the agenda for the special meeting scheduled for June 5th.

19. LIBRARY GRANT CONTRACTS - State of Utah, Department of Community and Economic Development - Literacy Project, Library Services

Councilmember Wheeler presented two contracts from the State of Utah, Department of Community and Economic for Library use. One contract in the amount of $3,000 is for funding the Literacy Project and the other in the amount of $3,500 is for funding to improve library services. Mr. Sampinos reported that he reviewed the contracts and they are in order. Motion. Councilmember Wheeler moved that the contracts be approved and that the Mayor and City Recorder be authorized to execute the documents. Motion seconded by Councilmember Bringhurst and carried.

20. CEMETERY DEPT. - Request To Receive Bids For Purchase Of Lawn Mower

Councilmember Bringhurst reported that Lyle Bauer is requesting permission to waive bidding procedures to purchase a large lawn mower for the cemetery. The mower that he would like is approximately $18,000 and would be either a Hustler or a Kubota. The Council discussed whether this can be done and if these mowers were being purchased under state contract. Motion. Councilmember Bringhurst moved that permission be given to either advertise for bids or purchase the mower under the state contract. Motion seconded by Councilmember Nikas and carried.

21. S & T, INC., THE NATURAL HOUSE - Home Occupied Businesses Approved


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

S & T, Inc. - 332 North 100 East, Sean Vieira-Owner

Mail Order business for alarms and alarm systems.

The Natural House - 27 East 300 south, Juan Montealegre-

Owner - Sale of house plans.

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

22. ROSIE'S DELI AND BAKERY, JEFF RICHENS, HOMETOWN AMUSEMENTS, COLLEGE OF EASTERN UTAH - Conditional Use Permits

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

Rosie's Deli and Bakery - 61 South 700 East, Sign

Jeff Richens - 320 West 200 North, Excavation of Property

College of Eastern Utah - A-Frame Signs (Yard Sales)

Hometown Amusements - Children's Carnival, 610 West Price River Drive, Steve Nuttall-Owner - Stipulated per review and approval by the Police Department and for traffic control.

The Council discussed the request from Jeff Richens and if there will be any problems concerning the light pole discussed in Item #13 above. Motion. Councilmember Piccolo moved that with the exception of Jeff Richens, that the above items be approved and that Conditional Use Permits be issued. Further, that Mr. Richens' request be approved and a permit issued per the stipulation that Mr. Richens be responsible for any problems concerning the power pole that are caused by his excavation work and for any drainage problems in the alley or to the east side of his property along 300 West. Motion seconded by Councilmember Wheeler and carried.

23. HAROLD VALDEZ - Leave of Absence Approved

NEW HIRES - Sharon Jones, Tiffany Golding, Shaun Allred, Tim Cardon, Amanda Cox, Ryan Cox, Levi Kemple, Crystal Prettyman, Jeremy Shorts, Danen Sjostrom

Mayor Colosimo presented the following personnel requests and recommended approval.


Harold Valdez - Request For Leave of Absence

New Hires

Sharon Jones, Tiffany Golding - Swimming Pool Office Clerks, Temporary/PT

Shaun Allred, Tim Cardon, Amanda Cox, Ryan Cox, Levi Kemple, Crystal Prettyman, Jeremy Shorts, Danen Sjostrom - Swimming Pool Lifeguards, Permanent/PT

Motion. Councilmember Wheeler moved that requests be approved. Motion seconded by Councilmember Piccolo and carried.

24. JUANITA RICHARD, TOY ATWOOD, KENT BOYACK SID NELSON, LEONARD MILLER, STEVE RABER - Travel Approved

Mayor Colosimo presented the following travel requests and recommended approval.

Juanita Richard, Dept. of Public Safety, Support Staff

Training, May 20, 21, P.O.S.T.

Toy Atwood, Kent Boyack, Sid Nelson, Leonard Miller, Bryan

Marx, Steve Raber - State Firemen's Association Convention, June 13-15, Salt Lake

Motion. Councilmember Nikas moved that the travel be approved. Motion seconded by Councilmember Bringhurst and carried.

25. ORDINANCE #96-006 - Penalty For Parking Citations


Nick Sampinos presented Ordinance No. 96-006, amending section 10.40.310 of the Price Municipal Code 1988, concerning the penalties imposed for violations of sections 10.40.135 and 20.40.210 (Parking Citations), and recommended approval. Motion. Councilmember Nikas moved that Ordinance #96-006 be adopted, that the Mayor and City Recorder be authorized to sign the ordinance, and that it become effective upon publication. Motion seconded by Councilmember Piccolo and carried.

26. STORM WATER DETENTION BASIN - Johansen & Tuttle Engineering - Final Payment


Motion. Councilmember Nikas moved that a final payment in the amount of $3,844 be paid to Johansen & Tuttle Engineering for surveying and testing completed on the Storm Water Detention Basin. Motion seconded by Councilmember Wheeler and carried.

27. STORM WATER DETENTION BASIN - Valley Asphalt, Inc. - Change Order #2, Partial Payment

Gary Sonntag presented Change Order #2 to the contract with Valley Asphalt, Inc., for work completed on the construction of the Storm Water Detention basin. The change order increases the contract $185.19 and reflects the completed quantities in the contract. Also submitted is a partial payment in the amount of $12,408.34. Motion. Councilmember Nikas moved that the change order and payment be approved. Motion seconded by Councilmember Bringhurst and carried.

28. CEDAR HILLS DRIVE, CLASS "C" ROAD PROJECT - Johansen & Tuttle Engineering - Partial Payment

Motion. Councilmember Nikas moved that a partial payment in the amount of $4,132 be paid to Johansen & Tuttle Engineering for the topographical survey and design work completed to date on the Cedar Hills Drive, Class "C" Road project. Motion seconded by Councilmember Bringhurst and carried.

29. CEDAR HILLS DRIVE, CLASS "C" ROAD PROJECT - Contract Awarded

Gary Sonntag reported that the committee assigned to review the bids for the Cedar Hills Drive, Class "C" Road project awarded the contract to Valley Asphalt, the low bidder.

30. WATER EXPANSION PROJECT, 10 MILLION GALLON WATER TANK - CRS Consulting Engineers - Partial Payment

Motion. Councilmember Piccolo moved that partial payment #19 in the amount of $3,244.28 be paid to CRS Consulting Engineers for work completed to date on the design and construction inspection of the water tank. Motion seconded by Councilmember Wheeler and carried.

31. PRICE RIVER DRIVE BUSINESS PARK - Letter of Credit, Partial Release

Gary Sonntag reported that G.S.A. Associates have completed construction of the 10 inch water line through the Price River Drive Business Park, Plat B. All of the necessary testing has been passed, and the waterline is now in service. G.S.A. Associated have requested a partial release of their letter of credit in the amount of $23,600. Motion. Councilmember Bringhurst moved that the partial release be approved. Motion seconded by Councilmember Wheeler and carried.

32. BUDGET ADJUSTMENT FY1995/96 - Approved

Pat Larsen requested permission to adjust the budget for FY1995/96. It is just a minor change and does not increase the budget. Motion. Councilmember Nikas moved that adjustment be approved. Motion seconded by Councilmember Wheeler and carried.

33. OLYMPUS INSURANCE AGENCY - Premium Payment For 1996/97 Insurance Coverage


Motion. Councilmember Wheeler moved that a payment in the amount of $102,898 be paid to Olympus Insurance Agency for insurance coverage for 1996/97. Motion seconded by Councilmember Piccolo and carried.

34. SMUIN, RICH, & MARSING - Agreement For Audit Services, 1995/96 Budget

Motion. Councilmember Wheeler moved that the Mayor be authorized to sign an agreement with Smuin, Rich & Marsing for audit services in the amount of $9,300 for FY1995/96. Motion seconded by Councilmember Bringhurst and carried.

35. BUSINESS LICENSE APPLICATIONS

The following business license applications were received.

Bargain Liquidators, Krompel Parking Lot, East Price, Richard Espinoza-Owner, $100 Reciprocal License

Hometown Amusements, 610 West Price River Drive (K-Mart), Steve Nuttall-Owner, Kiddy Carnival (79.9), $100 Reciprocal License

Tantique Salon, 836 East 100 North, Suite #4, Shelly Safley-Owner, Suntanning, Nail Technician, (72.9) $5 Transfer Fee - Ownership Change

Motion. Councilmember Nikas moved that the businesses be approved. Motion seconded by Councilmember Wheeler and carried.

36. PEACE GARDEN SIGN AND PLAQUE APPROVED

The Council reviewed a replica of the sign and plaque proposed for the Peace Garden. This plaque will reflect the names of individuals who donated $500 and up for the construction of the Peace Gardens. Motion. Councilmember Wheeler moved that the sign and plaque be approved. Motion seconded by Councilmember Piccolo and carried.

37. HANS MILLER PROPERTY - Update

Nick Sampinos updated the Council on the status of the Hans Miller property on South Carbon Avenue. Mr. Miller is moving along. He has a court date on June 20, at which time he will present to the judge the progress he has made. If he is substantially completed, the judge will probably give him more time to finish what remains. If the judge determines that substantial progress has not been made, he may impose the jail sentence that was ordered. He has been working with Gary Sonntag and Dick Perea with respect to the sidewalk.

38. PRICE RIVER WATER IMPROVEMENT DISTRICT - Letter Regarding Sewer Fees

Councilmember Nikas stated that based on the public hearing and the proposed budget, there is a significant dollar figure that involves sewer fees. He recommended that the Council either prepare a revised resolution to change the amount of money sent to PRWID for sewer fees or to send a letter indicating what will occur on July 1 prior to inserting it in the budget. Mr. Sampinos stated that he needs to review this further. The fees in place at the current time were the subject of the public hearing process. Ordinances and resolutions were passed pursuant to the public process. He feels it will be difficult to withhold funds from an entity that has established its fees prior to the public hearing process of Price City. Motion. Councilmember Nikas moved that Mr. Sampinos be directed to prepare a letter to PRWID explaining the City's position, that the City request to be placed on PRWID's next agenda, and that a draft of the letter be reviewed by the Council prior to mailing. Motion seconded by Councilmember Bringhurst and carried.

39. TERRY AND COELLA HOUSER - Request To Purchase City Property Denied

Motion. Councilmember Nikas moved that a letter be written to Terry and Coella House informing them that their request to purchase City property near Olsen Reservoir be denied. Motion seconded by Councilmember Piccolo and carried. Staff will be directed to inventory the items owned by the City and stored at Olsen Reservoir. Surplus material will be sold, and any remaining items moved to City-owned property in Miller Creek. The Olsen Reservoir property can then be sold to a developer for housing.

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

Meeting adjourned at 8:33 p.m.

Reconvened at 8:42 p.m.

40. DISCUSSION MEETING - Rescheduled For June 12th Meeting.

Councilmember Bringhurst recommended that the discussion meeting be rescheduled for the June 12th meeting.

Redevelopment Agency Minutes

Meeting adjourned at 8:50 p.m.