December 17, 1997, 5:30 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), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (Public Works Dir/City Eng.)
Others Present: Ryan Boulden, Phil Brown, Caleb Greenwood, Derek Potter, Bill Broadbear, Valerie Nowak, Brandon Sicilia, James Barnes, Bob Potts
Mayor Colosimo led the Pledge of Allegiance. Roll was called with the above members in attendance.
1. MINUTES - October 29, 1997
MOTION. Councilmember Denison moved that the minutes of October 29, 1997 be approved as written. Motion seconded by Councilmember Bringhurst and carried.
2. MINUTES - November 10, 1997
MOTION. Councilmember Piccolo moved that the minutes of the November 10, 1997 meeting be approved as written. Motion seconded by Councilmember Denison and carried.
3. MINUTES - November 12, 1997 - Struck
4. AUDIT REPORT - Fiscal Year 1996/97
Greg Marsing, Smuin, Rich & Marsing, presented the annual audit report for the Fiscal Year July 1, 1996 through June 30, 1997. He reviewed the packet of statements pertaining to expenditures and revenues, Fixed Assets, and the financial statement. It is the opinion of the auditor that the accounting practices and the financial position of Price Municipal Corporation are in accordance with generally accepted accounting principles. Mayor Colosimo thanked Mr. Marsing for his report and thanked Pat Larsen for the job she does.
5. ALEX MAKAKIS - Parking Violation - Struck
6. LAS CRUCES RESTAURANT - Local Consent For Beer License - Tabled
Joanne Lessar reported that Rick Parker, owner of the Las Cruces Restaurant, 86 East 100 South, is in the process of getting approval from the State for a beer license, as they are located near the Baptist Church. MOTION. Councilmember Piccolo moved that the item be tabled until the State gives their permission. Motion seconded by Councilmember Bringhurst and carried.
7. CASTLE VALLEY VETERINARY CLINIC - Permission To Conduct Rabies Clinic At Fire Station
MOTION. Councilmember Bringhurst moved that the Castle Valley Veterinary Clinic receive permission to conduct their annual Rabies Clinic at the Fire Station on Saturday, January 19, 1998, from 9:00 a.m. to 12:00 Noon. Motion seconded by Councilmember Wheeler and carried.
8. CITY SANITATION - Garbage Disposal On 12-31-97
Councilmember Denison reported that City Sanitation has requested assistance from the City in order to deposit City garbage at ECDC. ECDC is closed on Wednesday, 12-31-97, and again on Thursday, 1-1-98. ECDC will open on those days, but they will charge $250 each day.
MOTION. Councilmember Denison moved that the City pay the fees to open ECDC for the above two days. Motion seconded by Councilmember Nikas and carried.
9. TAYLOR FIREPLACE SALES, PHARMATECH HOME INFUSION, INC. - Home Occupied Businesses Approved
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following home occupied businesses.
Taylor Fireplace Sales - 582 North Cottonwood, Jim Taylor-Owner (Sale and installation of fireplace units)
Pharmatech Home Infusion, Inc. - 959 North 100 East, Ted Magleby-Owner (Accounting and billing office)
MOTION. Councilmember Piccolo moved that the businesses be approved upon payment of the business license fees. Motion seconded by Councilmember Wheeler and carried.
10. SUE HORVATH, THE MORTGAGE COMPANY, HELPER AUTO - Conditional Use Permits
Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use Permits.
Sue Horvath - 454 East 400 South, Temporary Use (Use of camp trailer while new manufactured home is installed -camp trailer is located at 326 East 200 South)
The Mortgage Company - 58 West Main, Brenda Fossat-Manager
Helper Auto - 410 East Main, Used Car Lot
MOTION. Councilmember Piccolo moved that the above requests be approved and that conditional use permits be issued. Motion seconded by Councilmember Bringhurst and carried. Councilmember Nikas abstained from voting on The Mortgage Company due to a conflict of interest.
11. PINNACLE GATE STATION - Traffic Flow and Parking
Councilmember Piccolo reported that the Planning and Zoning Commission reviewed the traffic flow and parking at the Pinnacle Gate Station and gave a favorable recommendation for a temporary approval for one year for the traffic and parking as it is now. This will be reviewed sooner if problems arise. In addition, a street light will be installed on the southeast corner of the property and the two street lights in front of the Holiday Inn will be upgraded. Gary Kutkas will review and make a recommendation to the Commission regarding a light in the center of the project located on the north end. MOTION. Councilmember Piccolo moved that the business be approved and that a temporary conditional use permit be issued and that it be reviewed in one year as stated above. Motion seconded by Councilmember Wheeler and carried.
Mayor Colosimo recognized Ryan Boulden and Caleb Greenwood, members of Boy Scout Troop #907.
12. POLICE DEPARTMENT - Salary Realignment Approved
Police Chief Aleck Shilaos reported that he will not promote anyone to the position of sergeant to replace Mark Liddiard who recently retired. However, due to the loss of Sgt. Liddiard, a rookie officer was hired. In addition, as the classification of Officer II has not been processed, he would like to place this on hold. He would like to take the difference between Sgt. Liddiard's salary and the new rookie officer's salary ($800.00) and the increase that would have taken place had the Officer II classification materialized ($300.00), and increase the following officer's salaries - James Cordova, David Cartwright, Julie Ori, Tracy Allred, Richard Boyden, Kevin Mele, Shane Henrie, Scott Olsen, Roger Taylor, and Chad Feichko. The adjustments can be handled within the current 1997/98 budget. MOTION. Councilmember Piccolo moved that the salary realignment be approved effective January 1, 1998. Motion seconded by Councilmember Denison and carried.
13. BRANDON SICILIA, JERRY L. WRIGHT - New Hires Approved
Mayor Colosimo presented the following new hires:
Brandon R. Sicilia - Police Dept., Police Officer, Perm/FT, effective 12-11-97.
Jerry L. Wright - Engineering, Engineer Assistant, Perm/FT, effective 1-5-98.
MOTION. Councilmember Bringhurst moved that the new hires be approved. Motion seconded by Councilmember Wheeler and carried.
14. BRANDON SICILIA - Introduction of New Police Officer
Police Chief Aleck Shilaos introduced Brandon Sicilia, the new Police Officer.
15. 1997 MEETING SCHEDULE - Planning and Zoning, City Council
Mayor Colosimo presented the following meeting schedule for 1998 for the Planning and Zoning Commission and City Council.
Planning And Zoning Meetings Council Meetings
January 12, January 13, January 26, January 28, February 9, February 11, February 23, February 25, March 9, March 11, March 23, March 25, April 6, April 8, April 20, April 22, May 11, May 13, May 26, May 27, June 8, June 10, June 22, June 24, July 6, July 8, July 20, July 22, August 10, August 12, August 24, August 26, September 8, September 9, September 21, September 23, October 13, October 14, October 26, October 28, November 9, November 10, November 23, November 24, December 14, December 16
MOTION. Councilmember Nikas moved that the meeting schedule be approved. Motion seconded by Councilmember Bringhurst and carried.
16. TKJ, INC. - Request To Rent Room In Price Community Center Approved
Vern Jones reported that TKJ, Inc., has requested permission to rent an office in the Price Community Center. They are a non-profit organization under State contract. It was recommended that TKJ show proof that they are non-profit. MOTION. Councilmember Denison moved that TKJ, Inc., be given permission to rent an office in the Price Community Center for $7.00/square foot per year, contingent upon providing proof that they are non-profit. Further, if they are a for profit organization, that they be charged $9.00/square foot per year. Motion seconded by Councilmember Bringhurst and carried with the following vote.
Councilmember Denison - aye, Councilmember Bringhurst - aye, Councilmember Wheeler - aye, Councilmember Nikas - naye, Councilmember Piccolo - naye
Councilmembers Nikas and Piccolo voted against the motion not because of the non-profit classification, but to rent an office to an organization for profit.
17. RESOLUTION #97-30 - Job Descriptions For Lifeguard #1 and #2.
Vern Jones presented Resolution #97-30, establishing job descriptions for the position of Lifeguard #1 and #2. MOTION. Councilmember Denison moved that Resolution #97-30 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Wheeler and carried.
18. INFORMATION SYSTEMS DEPARTMENT - Permission To Change Data Processing System From AIX to DOS
Bob Potts requested permission to change the data processing system from AIX to DOS. The AIX system will not be supported by their company by the Year 2000, and it would be necessary to spend a large amount of money to upgrade. As he is certified in the Novell Network and DOS, he would rather handle the DOS and Novell environment rather than the AIX. He has $25,000 in his budget that he could use for this purchase. MOTION. Councilmember Piccolo moved that the data processing system be changed as requested. Motion seconded by Councilmember Denison and carried.
19. INFORMATION SYSTEMS DEPARTMENT - Permission To Purchase Two Computers
MOTION. Councilmember Bringhurst moved that permission be given to purchase two computers for the Water Treatment Plant and the cemetery. Motion seconded by Councilmember Wheeler and carried.
20. CEDAR RIDGE SUBDIVISION - Request To Assist In Storm Drain System Denied
Gary Sonntag presented and reviewed an aerial map of Northeast Price, which included the Cedar Ridge Subdivision. He explained the drainage situation in that area and the water that flows through the Cedar Ridge Subdivision. The City is in the process of installing a 36" diameter concrete pipe that will collect and transport drainage waters that come from the northeasterly part of the City and intercept the storm drain, which will eventually dump into Meads Wash. The waters collected by that storm drain pipe begin along 800 North (Cedar Ridge Subdivision). There is a point where water flows both east towards Cardinal Wash and west towards Meads Wash. There is significant drainage that comes down, hits 8th North, and diverts into a storm drain system that will make its way to Meads Wash. An effort to direct this water one way or another would be to dig a channel diagonally across at the base of the foothill to intercept the waters and direct them towards Cardinal Wash. This would take care of 2/3 or half of the water coming down through the subdivision. It would be necessary to capture the water and pipe it through the subdivision that meets the storm drain on 800 North. A current proposal that is in the plans for the Cedar Hills Subdivision is a 21" pipe estimated to cost $35,000 which will pipe the water from one end to the other. If we want to intercept the water at this point to go either east or west and pipe it to drain into Cardinal Wash, it would be necessary to excavate at least 13' in order to get through a ridge. This would cost approximately $141,000. The other alternative is to intercept the water and pipe it all the way over to Meads Wash. Gary estimated it would cost $236,000 to construct a 36" pipe to Meads Wash. This piping would go through State land, private land, and Price City land. In the past, the City has talked about temporary solutions, such as carving ditches here and there in order to get water around. Still, at one point, we need a more permanent solution, which would be the piping. The cost of a catch basin to bring the water through the subdivision is estimated at approximately $35,000. Gary presented two ideas; one is to place the responsibility of controlling this water back on the property owners and not put in a storm drain system. The minimum requirement would be to have them put in a collection point so that water coming from the hills will at least have a chance of getting in the pipe rather than flooding the road as it has been doing for years and years. With this concept, the City could then follow a more passive approach. If they have a drainage easement across this property, a ditch could be cut diagonally across to help intercept the water and reduce the impact. Whatever water is left, the property owner will have to deal with it. He suggested putting in a temporary ditch and maintaining it until such time that the City knew what was going to take place both to the east and west. Ellis Pierce stated that Gary's recommendation to cut a cross ditch is probably the least costly and most expeditiously way to handle the water. It was the Council's consensus that the City does not want to participate in a storm drain across Mr. Pierce's property. However, it would be in the best interest of future property owners and Mr. Pierce's responsibility, to put in a drainage system to alleviate future flooding. MOTION. Councilmember Nikas moved that to help minimize the amount of water directed to 8th North, that the City Engineer, Public Works, and the Street Dept., work on establishing southeasterly cuts as appropriate to move water to Cardinal Wash, with a timetable in the spring of 1998. Motion seconded by Councilmember Piccolo and carried. MOTION. Councilmember Nikas moved that the request of Cedar Ridge Development for participation on a storm drain pipe as described in their division plat be denied, and that the City reserve the right to review any amended plan that would be submitted to address storm water drainage on the Cedar Ridge Subdivision. Motion seconded by Councilmember Denison and carried.
21. PERMISSION TO PURCHASE 450E PLOTTER AND ASSOCIATED EQUIPMENT
MOTION. Councilmember Nikas moved that permission be given to purchase a 450E Plotter and associated equipment from Monsen Engineering in the amount of $3,740. Motion seconded by Councilmember Denison and carried.
22. 800 NORTH STORM DRAINAGE, PROJECT #4S-97 - Johansen and Tuttle Engineering - Partial Payment
MOTION. Councilmember Denison moved that a partial payment in the amount of $1,508.00 be paid to Johansen and Tuttle Engineering for work completed to date on design, inspection, and testing on the 800 North Storm drain Project. Motion seconded by Councilmember Bringhurst and carried.
23. PUBLIC WORKS COMPLEX (RESEALING OF DOMES) - ACM L.T.D. - Final Payment
MOTION. Councilmember Wheeler moved that a final payment in the amount of $2,122.20 be paid to ACM L.T.D. for their contract to reseal the Public Works Complex. Motion seconded by Councilmember Piccolo and carried.
24. FLORENCE SUBDIVISION PLAT `A' - Partial Release and Transfer
Gary Sonntag reported that William Magliaccio, Florence Subdivision Plat `A', has submitted a request for a partial release of funds in the amount of $52,078.00 from his letter of credit for work completed to date that includes water, sewer, gravel, curb and gutter. Mr. Magliaccio has informed my office that he intends to transfer his project funding from Zions Bank to First Security Bank. Due to this transfer, he has asked that the remaining funds in the escrowed letter of credit be released in the amount of $117,612. A new Escrow Bond agreement will be set up in the amount of $117,612 to guarantee the remaining street improvements. This has been confirmed by representatives of First Security Bank. MOTION. Councilmember Nikas moved that the respective releases be approved and that the City accept and sign the new Escrow Bond Agreement for the project. Motion seconded by Councilmember Bringhurst and carried.
25. 800 NORTH STORM DRAINAGE, PROJECT 6C-97 - D. Thomas Flynn Construction - Partial Payment
MOTION. Councilmember Nikas moved that a partial payment in the amount of $147,370.50 be paid to D. Thomas Flynn Construction for work completed to date on the 800 North Storm Drainage project. Motion seconded by Councilmember Denison and carried.
26. PINNACLE GATE CONVENIENCE CENTER - Letter of Credit
Gary Sonntag reported that the Pinnacle Gate Convenience Center is currently under construction. The Letter of Credit guarantee in the amount of $71,387 for street improvements will expire on January 1, 1998. Dr. Wayne Cox, owner of the convenience center, has been notified of the expiration. In the event that he does not renew the Letter of Credit, he requested permission to make a demand on the Letter of Credit in order to secure the necessary funds to complete the required street improvements. MOTION. Councilmember Nikas moved that the request be granted. Motion seconded by Councilmember Piccolo and carried. Councilmember Nikas cautioned that before all funds are released, to make sure that the street light and parking planter area is reviewed just in case this needs to be put in. Gary assured him that the City still has this advantage.
27. BLUE STAKES SECONDARY PARTY MEMBERSHIP - Vote By Proxy
Gary Sonntag reported that Price City is a secondary party member of Blue Stakes. When someone calls in for an underground utility location, Price City is called out. As a member, they are asking us to attend a meeting to elect secondary party steering committee representatives. The City has the option to attend and place their vote or appoint a proxy to place a vote. The City is allowed one vote for each one hundred dollars in charges paid to Blue Stakes in 1997. As the City paid $133.55 in 1997, they will be eligible for one vote. He requested that the vote be by proxy by one of their attorneys. MOTION. Councilmember Piccolo moved that the vote be done by proxy. Motion seconded by Councilmember Wheeler and carried.
28. DIVERSITY - Tabled Till January Meeting
Nick Sampinos reported that he was contacted by Andy McCullough, attorney for Diversity, asking the continuance of the suspension/revocation hearing until a Council meeting in January. He recommended that this continue until Mr. Horvath and Mr. McCullough can attend the meeting. He will make arrangements for them to attend the meeting.
29. ORDINANCE #97-007 - Establish Transient Room Tax
Mr. Jones presented Ordinance #97-007, establishing a Transient Room Tax on rents charged to transients occupying public accommodations within Price City and setting forth the procedure for collection thereof, and establishing an effective date of January 1, 1998 for commencement of calculation thereof. MOTION. Councilmember Bringhurst moved that Ordinance #97-007 be adopted, that the Mayor and City Recorder be authorized to execute the documents, and that it become effective January 1, 1998. Motion seconded by Councilmember Denison and carried.
30. PRICE RIVER WATER IMPROVEMENT DISTRICT MEETING - Sewer Discussion
Mayor Colosimo reported that he, along with the Mayors of Helper and Wellington, attended a meeting of the Price River Water Improvement District to discuss reducing the sewer fees for those cities. The District recommended that as new boardmembers will take office after the first of the year, that the item be tabled until they have had a chance to review the matter. Mayor Colosimo thanked Councilmembers Denison, Piccolo and Nikas for attending the meeting.
31. RESOLUTION #97-31 - Benefit Extension Program
Vern Jones presented Resolution #97-31, revising the Benefit Extension Program, and amending Section X of the Price City Personnel Manual. MOTION. Councilmember Nikas moved that Resolution #97-31 be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Bringhurst and carried.
Meeting adjourned at 8:57 p.m.