Minutes of The Price City Council Meeting

City Hall: Price, Utah

March 10, 2004, 5:30 p.m.



Mayor Joe L. Piccolo                                                Joanne Lessar, City Recorder

Councilmembers:                                                Pat Larsen, Finance Director

     Betty P. Wheeler                                                Nick Sampinos, City Attorney

     Richard Tatton                                                Nick Tatton, Community Director

     Jeanne McEvoy                                                Aleck Shilaos, Chief of Police

     Joe Christman


Excused: Councilmember Stephen L. Denison

   Gary Sonntag, Public Works Director/City Engineer

   Keith Wight, Human Resource Director


Others Present:

     Rick Shaw                Virginia Wardle                        Bob Peirce                        Brett Davis

     Robby Bishop            Chas Hrienson                        Kathy Taylor                        Debbie Davis

     Rick Davis


Boy Scouts Chas Hrienson, Robby Bishop and Brett Davis, Troop #287, led the Pledge of Allegiance.  They were at the meeting as part of their Merit Badge requirements.


Mayor Piccolo called the roll with the above members present.


 1.                PUBLIC INPUT - Virginia Wardle - Complaint Regarding Coal Trucks


Virginia Wardle, 567 South Highway 55, expressed her concerns regarding the coal trucks that pass her house on a daily basis.  As they approach a curve in the highway, they apply their Ajake@ brakes, which creates a lot of noise, plus they drop chucks of coal into her yard.   This also creates a lot of dust.  She is unable to keep her yard clean.  Mayor Piccolo recommended getting the affected residents together and meeting with the coal companies to discuss this issue. 


  2.            COUNCILMEMBERS REPORT - Update


            The Mayor and Councilmembers provided updates on the subjects and committees that they administer.


3.                BID OPENING - Class AC@ Road Improvements, Project #1C-2004 - Committee Appointed


The following bids were received for the Class AC@ Road Improvements Project.


Superior Asphalt            -            Schedule B,  $32,708              Schedule C,  $111,606.05

M & M Asphalt                        -            Schedule B,  $33,150

Bonneville Asphalt            -            Schedule B,  $21,675

Kilgore Paving & Mtnce. -            Schedule B,  $17,680              Schedule C,  $  90,953.13

Peck Striping, Inc.            -            Schedule E,  $14,018.68

Intermountain Slurry            -            Schedule B,  $29,750               Schedule C,  $  79,854.

                                                S            Schedule E,  $39,427.57

            Staker Paving & Const.  -            Schedule A,  $97,551.50         Schedule D,  $  50,418.25

Big Red Asphalt Mtnce.  -            Schedule B,  $19,108                        Schedule C,  $104,638.50

Morgan Pavement            -            Schedule B,  $18,606                        Schedule C,   $ 78,007.26

Hollbrook Asphalt Co.            -            Schedule B,  $19,924

Nielson Const.                        -            Schedule A,   $74,135                        Schedule D,   $ 43,080

S                    Schedule E,   $21,904.20


MOTION.  Councilmember Tatton moved that a committee, consisting of Mayor Piccolo, Gary Sonntag, Harold Valdez, John Procarione, Jerry Wright, and Pat Larsen, be appointed to review the bids and given the authority to award the contracts if they are within the budget for each schedule.  Motion seconded by Councilmember Wheeler and carried.                                    




DeLynn Fielding, Carbon County Economic Development, presented a brief update on what the committee for the proposed community recreation center/library facilities have been doing for the past year and a half.  He, along with Steve Christensen, Carbon County Recreation and Norma Procarione, Price City Librarian, have visited the senior citizens in Price and East Carbon, the Chamber of Commerce, the Helper City Council, and the East Carbon City Council.  They plan to visit Sunnyside City and the school district next week.  They have asked for input and suggestions from these various entities.  Some comments have been very positive and others less enthusiastic.  Various Utah communities have combined jointly to operate recreation centers/library facilities.  The most recent is the Alpine School District and Pleasant Grove.  The various possibilities of funding for such a joint effort was discussed at these meetings, plus the implications of what it would mean to the citizenry.  He doesn=t recall receiving any negative comments about the proposal.  East Carbon had some concerns regarding the ZAP tax and adding additional increment on sales tax.  They also questioned the transportation aspect, as they are approximately a half hour away.  It has been suggested that a study be conducted for a shuttle system to outlying communities.  It is quite possible that future grants could be available for this.  Mayor Piccolo thanked Mr. Fielding and his group for their efforts in educating the community in what it feels is very important.    


  5.        HELPER ARTS FESTIVAL - Presentation of Poster


Sherill Shaw presented a poster of artwork to the Council and expressed thanks for their past support to the Helper Arts Festival.   They asked the Council to think of them again when they ask  for future support.  A new venue of poetry reading was introduced last year and this year they want to add a literary fest competition.  Entry fees would be charged and a certain subject, sentence, or word from a famous author would be selected and the contestants would have a set amount of time to write down their answer and then be judged.  This competition would last over several days and produce a large crowd.


  6.        NOISE ORDINANCE - Tabled


MOTION.  As more information needs to be obtained pertaining to the noise ordinance (per public input above), Councilmember Wheeler moved that the item be placed on Unfinished Business.  Motion seconded by Councilmember Christman and carried.




Nick Sampinos presented a new Right To Burial Deed.  The present form is old an antiquated and needed to be updated.  MOTION.  Councilmember Tatton moved that the new burial deed be approved and that it be adopted by resolution.  Motion seconded by Councilmember Christman and carried.


  8.        SWIMMING POOL - Permission To Change Operational Hours


Bret Cammans requested authorization to change the hours of operation at the Swimming Pool Complex, either extending them or shortening them.  He met with staff at the swimming complex and discussed some of their ideas to accommodate the public and increase participation at the pool.  The Council concurred with a flexible schedule and asked Mr. Cammans to keep them informed of the changes.  Mr. Cammans agreed to revert back to the present hours if the proposed hours do not work out.  


  9.        REMOVAL OF POWER POLE - 8th North 3rd East - 30 Day Notice To Property Owner


Mayor Piccolo reported that the Metering Department is recommending that an old unused power pole be removed from the corner of 8th North and 3rd East.  The power pole has become overgrown with vegetation and is a visual obstruction to vehicles turning onto 3rd East.  It also has the potential to fall over as vegetation around a pole has a tendency to make it rot from the moisture.  The property owner is very protective of the pole/plant and became upset when the Meter Department trimmed the vegetation back.  It was recommended that staff communicate directly with the property owner and explain the hazards of allowing the pole to remain.  Perhaps the pole could be removed in such a manner not to destroy the vegetation and that it be trimmed to comply with City ordinance.   MOTION.  Councilmember Christman moved that the pole be removed for safety issues,  that City staff assist in complying with the present ordinance, and that care be taken to preserve whatever vegetation is alive.  Further, that prior to removal, that the property owner be notified in writing 30 days in advance so that he has a chance to appear before the Council if necessary.   Motion seconded by Councilmember Tatton and carried.


10.        WOOD CRAFTS - Home Occupied Business Approved


Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of Lacey and Austin Borba to operate Wood Crafts from their home located at 230 East 100 South.  MOTION.  Councilmember McEvoy moved that the business be approved upon the purchase of a business license.  Motion seconded by Councilmember Wheeler and carried.




Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the following requests for Conditional Use permits.


R & R Yard Services and Open Nursery  - Relocation To 254 South Carbon Avenue

2 Brothers Communication  - 59 East 100 North, Business and Sign

Price V, LLC - 540 West Price River Drive (Final Approval For Tenant USDA)


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


12.       HANS MILLER (FARM AND GARDEN SUPPLIES) - Conditional Use Permit Approved


Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of Hans Miller to operate a farm and garden supply business at 404 South Carbon Avenue per the following stipulations.

Concrete replacement costs to be paid in full prior to permit.

No major repair done on the property.

Business for retail sales of ready to sell equipment only.

Satisfactory review on violations by Judge Storrs and the Price City Hearing Officer on the property maintenance issue.


MOTION.  Councilmember McEvoy moved that the request be approved and that a Conditional Use Permit be issued with the permit date being after the above stipulations have been met.  Motion seconded by Councilmember Wheeler and carried.


CONSENT ITEMS.  MOTION.  Councilmember Wheeler moved that Items #13  through #19 be approved.  Motion seconded by Councilmember Tatton and carried.


13.        MINUTES - February 25, 2004, March 4, 2004


14.        GIRL SCOUTS - Permission To Use Flags of The Nations - Ratification


15.             RESOLUTION NO. 2004-02 - Establishing A Fee Schedule For Usage of a Fax Machine Located In The Price City Library




Purchase of a printer for the Customer Services Department totaling $2,063.02.




Gary Sonntag - Joint Highway Committee, April 27, 2004, St. George, Utah

Gary Sonntag, Jerry Wright, Harold Valdez - ULCT Road School, April 28-30, St. George, Utah




19.        JESSIE MEDINA - Sick Leave Advance Approved


Permission to advance Jessie Medina one day of sick leave and one day of vacation to cover the time he was off after surgery.  He has recovered and returned to work Monday, March 8, 2004.


20.       RESOLUTION NO. 2004-03 - Establishing Electrical Rates


Nick Sampinos presented Resolution #2004-03, establishing electrical rates to be charged to utility customers of Price City within the City=s municipal boundaries.  MOTION.  Councilmember Tatton moved that Resolution #2004-03 be approved and that the Mayor and City Recorder be authorized to sign the resolution.  Motion seconded by Councilmember Wheeler and carried.


21.        RESOLUTION - Amending Resolution #2003-24 - Struck


MOTION.  Councilmember Tatton moved that Item #21 be struck.  Motion seconded by Councilmember Christman and carried.




MOTION.  Councilmember Wheeler moved that this item be tabled and placed on the agenda for the next meeting.  Motion seconded by Councilmember McEvoy and carried. 




Mayor Piccolo presented the following travel requests.


Aleck Shilaos - Utah Chief of Police Executive Development Institute Annual  Conference, March 23-26, 2004, St. George, Utah

Chad Feichio - Utah Drug Academy, P.O.S.T., April 19-30, 2004, Salt Lake, Utah

Susan J. Hyde - EMT Training, March 23-25, Salt Lake, Utah

Dennis Christensen, Brandon Sicilia - Incident Response To Terrorist Bombings, May 11-14, 2004, Socorro, New Mexico


MOTION.  Councilmember Tatton moved that upon the proper documentation of costs and number of days gone approved by the Mayor, that the above travel be approved.  Motion seconded by Councilmember Wheeler and carried.


24.        PURCHASING POLICY - Update


MOTION.  Councilmember Tatton moved that staff be directed to present to the Council a purchasing policy in a timely manner.  Motion seconded by Councilmember Wheeler and carried.




The Council discussed the request of Ken Kirkwood to assist in preparing and during a national motocross race to be held at the Carbon County Fairgrounds.  It was discovered that this is a for profit event sponsored by Ken Kirkwood and would take funds away from private industry that offer the types of services that Mr. Kirkwood is requesting.  Perhaps the City could act as a sponsor for the event in exchange for advertising, etc.  It was recommended that Mr. Kirkwood be required to fill out a form requesting a contribution and that it be placed on the next agenda. 


MOTION.  Councilmember Tatton moved that the Council Meeting adjourn and that an Executive Session convene.  Motion seconded by Councilmember Christman and carried.


Meeting adjourned at 7:23 p.m.


26.        EXECUTIVE SESSION - Litigation


MOTION.  Councilmember Tatton moved that the Executive Session adjourn and that the Council Meeting reconvene.  Motion seconded by Councilmember Christman and carried.


Meeting reconvened at 7:29 p.m.


27.           CAPITOL INDEMNITY - Authorization to Pay Judgment


MOTION.  Councilmember Tatton moved that authorization be given to pay Capitol Indemnity Corporation (Capitol) in the amount of $287,595.34 for its judgment against Price City with part of the funds taken out of the Water Fund.  Motion seconded by Councilmember Wheeler and carried.  This involves K & P Plumbing=s lien against Price City.  K & P Plumbing Company (K & P), a sub contractor, was hired by Nelson Irrigation and Construction, Inc. (Nelson) to assist in construction of the Water Expansion Project in June, 1996.  Price City paid Nelson per its contract with Price City, but Nelson did not pay K & P for its services.  Shortly thereafter, Nelson declared bankruptcy and K & P was never paid.  K & P then obtained a judgment against Capitol (as Nelson=s surety for payment).  Capitol then sued Price City to recover its payment to K & P, alleging that Price City breached a contract provision that required Capitol=s consent prior to Price City making its final payment to Nelson.  The U.S. District Court for the District of Utah, in Case No. 2:99CV0141C, awarded judgment in favor of Capitol and against Price City.  The judgment was appealed by Price City to the U.S. Court of Appeals for the Tenth Circuit in Case No. 02-4097.  The Court of Appeals affirmed the lower court=s decision.  Price City then filed a Petition for Panel Rehearing which was denied by the Court of Appeals.  Price City has made a demand upon its insurance carrier for coverage in the amount of the judgment and for its costs of defense expended in the defense of the lawsuit that resulted in the judgment against Price City. 


Meeting adjourned at 7:30 p.m.







ATTEST:                                                                       Joe L. Piccolo, Mayor





Joanne Lessar, City Recorder