Minutes of The Price City Council Meeting

City Hall: Price, Utah

March 9, 2005, 5:30 p.m.



Mayor Joe L. Piccolo                              Joanne Lessar, City Recorder

Councilmembers:                                   Pat Larsen, Finance Director

     Stephen L. Denison                           Nick Sampinos, City Attorney

     Richard Tatton                                  Gary Sonntag, Public Works Director/City Engineer

     Jeanne McEvoy                                Nick Tatton, Community Director

     Mae Aguayo                                     John Daniels, Human Resource Director

Bret Cammans, Communications Director

Aleck Shilaos, Chief of Police


Excused: Councilmember Betty P. Wheeler


Others Present:

    Carlie Golden             Delia Paletta                  Les Bowen


Mayor Piccolo led the Pledge of Allegiance.  Roll was called with the above members present


 1.        COLLEGE OF EASTERN UTAH - Update


Carlie Golden, College of Eastern Utah, reported that the CEU insignia will be placed on Wood Hill on March 19th.  Two people will be co-chairing the float for the St. Patricks Day Parade.  Carlie presented information on the proposed increases for tuition for this next school year, which indicates a 7% increase.  Primary elections will be held for next year=s student body officers.  This year=s graduation will be held at 10:00 a.m. on April 30th in the BDAC.




The Mayor and Councilmembers presented an update on the activities they administer.


 3.        ORDINANCE #2005-001 - Northeast Price Trust Annexation 2005


MOTION.  Councilmember Tatton moved that a Public Hearing be held to receive comments on the proposed annexation of a portion of property in Northeast Price.  Motion seconded by Councilmember Denison and carried.  Mayor Piccolo opened the Public Hearing at 5:54 p.m.  MOTION.  There being no comments, Councilember Denison moved that the Public Hearing be closed.  Motion seconded by Councilmember Tatton and carried.  Public Hearing closed at 5:55 p.m.  MOTION.  Councilmember Denison moved that Ordinance #2005-001, adopting the Northeast Price Trust Annexation 2005 be approved, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication.  Motion seconded by Councilmember Tatton and carried.




Delia Paletta, Business and Technical Assistance Center Program Manager, presented a packet of information containing a brief history of the BTAC and its bylaws.  She reviewed the budgets for last year and the present year and presented a list of current boardmembers.  Delia asked if it would be possible to amend a resolution passed by the City Council in February, 2005, which authorized and designated the BTAC as Price City=s designee to develop and provide the administration of a small business incubation program.  The BTAC board would like to include verbage in that resolution pertaining to the accumulated funds.  If at some point in time the BTAC is resolved, the funds would revert back to the City.  Nick Sampinos stated that he had conversation with Bill Howell from the BTAC on that issue and felt that it would be appropriate to amend that resolution to include that verbage.  Prior to this being done, Mr. Howell will research this to determine if it is appropriate.  It was also recommended that the Board of Trustees be included in that resolution.  MOTION.  Councilmember McEvoy moved that the BTAC budget as presented be approved along with the following list of boardmembers.  Further, that staff be authorized to prepare an amended resolution to include the above verbage.  Motion seconded by Councilmember Aguayo and carried.  Mayor Piccolo thanked Ms. Paletta for the information.


BTAC Board of Directors


William D. Howell                                   Nick Tatton

    March 9, 2005


Delynn Fielding                                      Carbon County Commissioner Mike Milovich

George Harmond                                    Emery County Commissioner Drew Sitterud

Michael Loveless                                   Richard Tatton

Cathy Fausett


   5.      ORDINANCE #2005-002 - Repealing Portion of Business License Code Pertaining To Door-To-Door Solicitors


Nick Sampinos presented Ordinance #2005-002, repealing Section 11-12-1 through 11-12-12 of the Price City Business License Code dealing with itinerant merchants and the selling of goods and merchandise from door to door.  This repeal involves settlement of a lawsuit filed by the Kirby Vacuum Company against Price City and other Utah cities.  The attorney for the Utah League of Cities and Towns is in the process of preparing a new ordinance dealing with itinerant merchants.  MOTION.  Councilmember Tatton moved that Ordinance #2005-002 be approved, that the Mayor and City Recorder be authorized to sign the ordinance and that it become effective upon publication.  Motion seconded by Councilmember Denison and carried. 




Councilmember McEvoy presented a packet of information pertaining to the presentation made by Dr. Shane Taylor at the Council Meeting of February 23, 2005.  A review of the current policy brought several issues to light that should be considered  Three types of people use the swimming pool complex;  city-sponsored classes, non-profit organizations and for profit organizations.  Dr. Taylor=s request is to charge a higher fee for non-resident users.  The committee, consisting of herself, Lisa Richens, Joanne Lessar, Tamara Gray and Bret Cammans, is recommending that the fees stay the same for all users.  The committee is proposing that for profit users enter into an agreement with the City to repair any damages that they incur during use of the pool.  Items such as scuba gear, kayaks, etc., would cause damage to the pool if they are not handled properly.  Also at times, users have been known to interfere with others using the pool.  It is important for all occupants of the pool to enjoy the same privileges.  It is proposed that if a group has two infractions in a year, that their privileges to use the pool be revoked for possibly a year.  Other items being considered are:

Charging for use of the classroom - $10.00 if reserved in advance and $5.00 on a first come first served basis.

Charging an extra $1.25 per person if they bring in equipment such as scuba gear, kayaks or canoes.

Increase fee to $3.25 per person from one to five people in a class up to 8:00 p.m.

Increase fee to $5.00 per person from six to ten people in a class up to 8:00 p.m.

Rental fees required for use of the pool after 8:00 p.m.


The Council agreed with the above proposals.  Councilmember McEvoy stated that the committee will place these proposals in proper form, work towards an agreement and have it reviewed by Nick Sampinos before bringing it back to the Council.               


 7.         WATER USE AND CONSERVATION - Update  


Gary Sonntag reported that a notice was recently published in the local paper lifting the restrictions on outdoor water usage.  Those restrictions consisted of asking voluntary non-watering until late spring, placing large water users on a schedule and prohibiting watering on Sundays.  The message was not sent with the intention of letting residents water as much as possible whenever they want.  The message is stating that the restrictions are lifted and to use water wisely and appropriately.  It is felt by doing this, we will save water.  It has been our experience that when watering has been restricted, that residents tend to use more water than they should causing swamped areas and water running down the gutters.  Hopefully, this will level out the watering field and we will have a greener city and better water usage.  With the amount of water shares that the City has to draw on, we have an obligation to use the water or lose it.  As the year progresses and if the water level in both the river and in Scofield Reservoir decrease, it may be necessary to ask the residents for additional voluntary monitoring of their water use.  Based on todays snow pack, it looks like Scofield Reservoir will not fill completely.  The reservoir will be constantly monitored by the River Commissioner, the Water Conservancy District, Price River Water Improvement District and Price City.



            March 9, 2005 


 8.        TACO EXPRESS, SCHEFFLER CASKET COMPANY - Conditional Use Permits - Tabled




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


Downtown Self Storage - 30 South 1st West - Business & Sign

GCR Tire Company - 935 East 100 North - Relocation to 1130 South Carbon Avenue and Sign - Subject to fire inspection

Heugly & Heugly Law Offices - 140 North Cedar Hills Drive, Suite #6B - Business & Sign - Subject to fire inspection


MOTION.  Councilmember McEvoy moved that the above requests be approved per the stated stipulations and that Conditional Use Permits be issued.  Motion seconded by Councilmember Denison and carried.


CONSENT ITEMS.  MOTION.  Councilmember Denison moved that Items #10 through #20 be approved.  Motion seconded by Councilmember Tatton and carried.


10.        MINUTES - February 23, 2005, March 3, 2005


11.         SHARI MADRID, ALECK SHILAOS - Travel Approved


 Shari Madrid - Utah Municipal Treasurers Association Conference, April 13-15, 2005, St. George,     Utah   

 Aleck Shilaos - Utah Chiefs of Police Executive Development Institute, March 22-25, 2005, St. George, Utah               


12.        POLICE DEPARTMENT RELOCATION TO CITIZENS SERVICES PROPERTY - Public Hearing Scheduled For March 23, 2005


13.        PRICE CTY GENERAL PLAN - Authorization To Maintain Current Form


14.        ECONOMIC VITALITY LOAN FUND COMMITTEE - Mrs. Wilma Howa Appointed As Boardmember


15.        EMERGENCY NATURAL GAS ELECTRIC GENERATOR - Authorization To Install At Public Safety Building


16.        IRRIGATION WATER TURN FEE - Increase Approved From $25.00 To $35.00


17.        IRRIGATION DITCH MASTER - Authorization To Continue Current Operation - Struck


19.        PUBLIC WORKS DEPARTMENT SECRETARY/RECEPTIONIST - Compensation For Additional Duties Approved ($100.00 Per Month For A Two Month Period)


19.        JEREMIAH DAVIES, VOLUNTEER FIREMAN  - Acceptance of Resignation Effective February 18,



20.        NEW HIRES  - Seasonal Employees;   Five Employees For Parks Department Effective March 14, 2005; Two Employees For Cemetery Department Effective April 4, 2005; One Meter Reader For Utility Department Effective April 1, 2005;   Reed McDonald, Swimming Pool, Head Lifeguard, Permanent/Part Time Effective March 10, 2005; John Schade, Water/Sewer Department, Operator I, Permanent/Full Time Effective March 10, 2005


21.        RIDGE ROAD PROPERTY - Authorization To Sell Twenty Acres


Nick Tatton reported that approximately two years ago, the City declared 57 acres of property located along Ridge Road in Carbon County as surplus and advertised it for sale.  Ten acres were sold to Terra Systems with an option to purchase an additional twenty acres within a two year period.  Terra Systems has requested that they be allowed to proceed with that option to purchase

        March 9, 2005


the twenty acres and immediately assign that option to Coval Engineered Fuels, LC, a Utah Limited Liability Company, pursuant to an Asset and Real Estate Purchase Agreement by and between Terra Systems and Covol.  MOTION.  Councilmember Denison moved that the purchase be approved, that Mr. Sampinos be authorized to prepare the necessary papers and that the Mayor and City Recorder be authorized to execute the documents.  Motion seconded by Councilmember Tatton and carried.


22.        JEFFERY SCOTT OLSEN - Promotion To Streets Supervisor

REBECCA CURTIS - Promotion To Swimming Pool Head Lifeguard


John Daniels reported that interviews were held with four internal candidates for the position of Streets Supervisor.  Jeffery Scott Olsen was the candidate selected for the position with the grade, job description and salary to become effective March 7, 2005.


John also reported that interviews were held with internal candidates for the position of Head Lifeguard at the swimming pool complex.  Rebecca Curtis was the candidate selected for this position effective March 20, 2005.  MOTION.  Councilmember Denison moved that the promotions be approved per the stated effective dates.  Motion seconded by Councilmember Tatton and carried.


23.        INTERNATIONAL DAYS - Update


Councilmember Tatton reported that the first meeting of the International Days Committee was held.  Everything seems to be running smoothly and in a positive direction.  A car show has been planned for this year. This year=s theme is AInternational Flavors of Castle Country@.


24.        PRICE/WELLINGTON CANAL - Update


Mayor Piccolo reported that there is a large movement headed in our direction for desalination by the Federal Government.  Two mines in this area are in the process of obtaining permits so that they can discharge their water in the Grassy Trail drainage.  The Federal Government has gone to the extent of creating rules for these mines to discharge their water in this manner and offset it with irrigation somewhere else on a ranch or farm that would reduce the salinity of the Colorado River drainage.  This is the first time this has ever been proposed, but it is drawing attention to the salinity level in the Colorado River drainage.  This would be an optimum time to apply for these permits.  It would also be a good time to promote covering the canals.      


Meeting adjourned at 7:08 p.m.







ATTEST:                                                                       Joe L. Piccolo, Mayor





Joanne Lessar, City Recorder