Minutes of The Price City Council Meeting

City Hall: Price, Utah

March 12, 2003, 5:30 p.m.



Mayor Joe L. Piccolo                                          Joanne Lessar, City Recorder

Councilmembers:                                               Pat Larsen, Finance Director

     Betty P. Wheeler                                          Nick Sampinos, City Attorney

     Stephen L. Denison                                       Jerry Wright, Deputy City Engineer

     Richard Tatton                                              Keith Wight, Human Resource Director

     Elizabeth H. Kourianos                                  Nick Tatton, Community Director

     Don G. Reaveley, Jr.                                     Aleck Shilaos, Chief of Police


Excused: Gary Sonntag, Public Works Director/City Engineer


Others present:

     Kent Boyack                        Francis Duzenack                      Katherine Taylor             Larry Taylor

     Scott McKnight                     Dennis Geary                            Jeff Richens                   Ken Larson


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




The Mayor and Councilmembers presented reports on the activities taking place in their individual departments.


 2.         MINUTES - February 26, 2003


MOTION.  Councilmember Wheeler moved that the minutes of the February 26, 2003 meeting be approved as written.  Motion seconded by Councilmember Denison and carried.


 3.         BID OPENING - 12 Ton Tilt Dual Axle Trailer, #3E-2003 - Committee appointed


The following bids were received for the purchase of a 12 ton Tilt Dual Axel Trailer


Williamsen Ocean Trailers          $10,849

Rasmussen Equipment Co.        $11,676

Wheeler Machinery                    $12,255


MOTION.  Councilmember Reaveley moved that a committee, comprised of himself, Councilmember Kourianos, Tom Richardson, and Jerry Wright, be appointed to review the bids and given the power to act.  Motion seconded by Councilmember Denison and carried.


 4.         PRICE RIVER WATER IMPROVEMENT DISTRICT - Impact Fees For Water and Sewer Projects


Jeff Richens, Price River Water Improvement District, presented information on a study conducted in 1997 regarding impact fees.  Impact fees became a part of State law approximately six or seven years ago.  The District no longer charges a connection fee.  Instead, they call it an impact fee.  Municipalities can base their fee schedule on the Capital Facilities Plan.  Monies collected are based on what is planned for the future.  The study indicated that the District could charge County residents $1,038.80 for a water impact fee and $1633.93 for a sewer impact fee.  For improvements within the City limits, the water would be $733 plus a $200 fee per residential equivalent.  The Utah Legislature seen fit to require that all fees must be substantially equivalent for all users.  All users need to share the costs equally.  If there are local costs, then there could be fees on top of regional costs.  For example, the District is responsible for waste water treatment for the whole valley and they also take care of the main truck line that travels from Castle Gate to Wellington.  These are all regional costs.  Collection systems within the city are your local cost and in the county, they are the District=s local costs.  The District=s treatment fee could be set as high as $2,364.51.  The Board elected to set it lower than that.  They want to be able to recuperate some costs for these improvements, but at the same time, don=t want to penalize new growth.  He is not here tonight to ask the Council to set a dollar amount.  He is only making them aware of what the District is doing.  The $2,364.51 is known as the Atreatment buy-in@ cost.  This is not charged to current users, only new development.  If someone builds a house, they pay this impact fee.  If someone builds a business, they pay an impact fee based on their residential equivalent.  If someone connects to the Districts distribution system, they would be charged up to a $1,053.  They don=t forsee any charges to Price City residents, as the City has

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their own water source and their own treatment plant, and there are exchange agreements in place.  If at some point in the future because of draught or whatever reason, if City residents begin to connect to the Districts line and the District becomes a full time provider of water and there is no exchange, then this issue would have to be revisited.  At this time, the District is the sole provider of water for Wellington, so it will effect them.  Helper City has their own springs.  If Helper has to quit using their springs and has to come to the District for water, it will then effect them too.


Pertaining to sewer, there is a 10% increase over local collection systems.  If the District sets a regional rate of a $1,000 impact fee, our users then pay $1,100.   The City can charge whatever connection fee they want on top of this.  This does not limit the City=s ability in any way.  The District has also discussed setting a fee somewhat lower than that, as impact fees are tied specifically to impact fee projects which are regional projects.  They have discussed the idea of a smaller impact fee.  Then charge a fee for the collection system and a project improvement fee, which would total somewhere around a $1,000 or $1,100.  This is a substantial increase to the cities.  Instead of developer paying $200 to the District, it could jump up to $500 or whatever the board decides.  The only restriction would be that it cannot go below that.  Mayor Piccolo stated that part of the city=s collector system is owned by the City and part of it belongs to the District.  The impact fee has nothing to do with the maintenance of either of those lines.  Mr. Richens indicated that this was correct.  If a connection is made to the Districts line, then they pay the District fee.  The District does not want to get into the nightmare of trying to determine how many feet of collection system there is.  If anybody connects directly to the line maintained and operated by the District, they pay their fee.  As an example, if someone constructs a housing development or builds a single home in the East Price area, they pay the District fees.  If someone builds a home in the Coves area of Price, they will pay the regional costs, which is the 10% lower cost.  If they connect directly to the District line, they pay 10% higher.  This money is only charged for new development and is placed into an account to pay for regional costs.  Mayor Piccolo thanked Mr. Richens for keeping the City involved with this process.


Mr. Richens further informed the Council that the District had been contacted by the Division of Water Quality, the entity that regulates the discharges from the waste water plant.  Because Helper, Wellington and Price all contribute to the waste water plant, the DWQ is requiring that the cities adopt a sewer use ordinance and an intergovernmental agreement stating that the cities will pay their share of the costs for sewer treatment.


Mr. Richens informed the Council that the District has been approached by the Housing Authority of Carbon County indicating that they wanted to get out of the sewer and water business.  The District has a sewer line in that area and has been maintaining it in the past.  The Housing Authority wants to deed this sewer line to the District.  They also want to deed the water lines to the District.  The District has no desire to obtain the water lines and has been working with City staff so that the City can take over the water line.  Easements, warranty deeds, facility deeds, etc., will have to be prepared for this transfer.  Mr. Sampinos will prepare the documents and they will be presented to the City for approval.    


  5.       CEU MASTER PLAN - Update


Dennis Geary presented the CEU Master Plan.  It is the same 20 year master plan presented last year.  The new main building is presently under construction with completion expected by May or June of this year.  The building is a two story building with 72,000 square feet.  During the fall to winter season, everyone will be moved out of the present main building and transferred to the new building.  The old building will then be razed and several phases of construction will take place. There will be a pull through drive, green space, and possibly a roundabout at the intersection of 4th North.  They will be glad to work with the City on this issue.  They have been funded for a parking lot change adjacent to the intersection of 600 North and 500 East, which lines up with the city street and the existing parking lot.   There is a conflict of traffic at the existing entrance where traffic tries to turn north on the city street and south into their parking lot.  They are fighting for the same space.  Within the next 90 days this will be corrected and will help with traffic control.  The Technical College of the State will take over the Science Building.  All of those occupants will be moved to the main building.  They have requested funding for a new fine arts complex on the corner of 4th North and 300 East.  They are hoping that within the next two or three funding cycles, this will be possible.  This would be our next large construction project.  Other than that, there are not many other changes that they are looking at within the next ten years.  Unless there is a huge enrollment growth that occurs on campus, they will have plenty of space in the classrooms and offices.  The present fountain will probably be moved within the next 5 years to the front of the new building.  They are hoping to enhance this area and make it the focal point on campus where

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all the new buildings are located.  They are looking at replacing the Asack@ building within the next 20 years.  There is probably enough room for a 60,000 to 80,000 square foot two story building.  They are hoping some day that the State will give them more PE space.  A Substation is planned to be constructed within the next 20 years, which will go directly north of what they call the purchasing/receiving building.  The existing brick wall will be used as the south fence.  Chain link will be placed between the brick columns with screening slats.  As the new building is completed, an additional 96 parking stalls will be created.  Pertaining to the present BDAC, they hope to get two floors in the building in order to be able to play basketball, volleyball, etc., at the same time.     


  6.        LITTLE LEAGUE BASEBALL ASSOCIATION - Permission To Sponsor Parade


MOTION.  Councilmember Denison moved that the Little League Baseball Association be authorized to sponsor a parade on Saturday, May 3, 2003, beginning at 9:00 a.m. to kick off the baseball season.  Motion seconded by Councilmember Tatton and.


  7.       SPORTSMEN FOR WILDLIFE BANQUET - Temporary Special Event Beer Permit


MOTION.  Councilmember Denison moved that a temporary special event beer permit be approved for the Sportsmen For Wildlife Banquet to be held Saturday, March 29 at the BDAC.  Motion seconded by Councilmember Wheeler and carried.



City Property At 475 North Carbonville Road


Mayor Piccolo presented a letter from the Carbon County Planning and Building Department requesting that the Council look into the clean up of City property located outside City limits at approximately 475 North Carbonville Road.  It is presently being used by neighbors on the south (Larry and Kathy Taylor) and on the north (Henrie Construction).  Francis Duzenack, Price City Building Official, stated that the City property is 100' wide and 400' deep.  There is no fence separating the City=s property and Henrie Construction.  Henrie Construction has several pieces of old equipment on this parcel of property, including junk, bricks, gravel, etc.  The County has been working with Henrie Construction to get it cleaned up.  They have had complaints from the adjoining neighbors as it has become a health hazard.  He has had several discussions with Larry Taylor, the adjoining neighbor on the south, requesting that the City get it cleaned.  Francis indicated that there is a water relief valve in that area that is used to flush the main water line.  There is a drainage system through the property and he believes there is also drainage that comes from under the railroad track that collects in a culvert and drains to the river.  Mayor Piccolo asked if the City needed the full 100 feet to maintain an easement on that ditch.  Is it a liability or an asset at that point.  Perhaps a portion of it could be declared surplus.  Councilmember Denison asked if there was a reason to actually own the property rather than just maintain an easement.  Mr. Sampinos stated that it is nice to own a piece of property if you want to maintain it as part of a flood ditch or for whatever purpose.  When you have an easement, people plan to build on it, landscape, etc., and it is then hard to come in and use a backhoe and rip it out.  From the standpoint of maintaining it, it is easier to own it rather than just having an easement.  Mayor Piccolo brought up the point that perhaps down the road a couple years if there ever is a possibility to bring river water for use as a secondary water source, this would be the perfect spot to get water from the river.  The main thing is to get the property cleaned.  He recommended that Mr. Sampinos be directed to write a letter to Henrie Construction asking them to clean it up.  Mr. Sampinos recommended that in addition, that a copy of that same letter be sent to the Carbon County Building Department asking them to pursue the clean up effort in conjunction with our request.  Perhaps through both avenues, it would voluntarily get cleaned up.  MOTION.  Councilmember Tatton moved that Mr. Sampinos write the letter as indicated above giving them 45 days to clean up or the City will do it and then bill them.  Motion seconded by Councilmember Wheeler and carried.  Francis Duzenack suggested that the City might want to determine what they want to do with this parcel of property in the future, whether they want to lease it to the adjoining property owners or put up a fence.  Larry and Katherine Taylor asked if this problem will reoccur?  Mayor Piccolo stated that with vigilance and watching it and correcting it in the minor stages, it should be okay.


  9.        SUN ADVOCATE - Ad For Energy Edition


MOTION.  Councilmember Tatton moved that a half page ad for $377.57 be purchased for the Sun Advocate=s Energy Edition.  Motion seconded by Councilmember Kourianos and carried.


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MOTION.  Councilmember Kourianos moved that a half page ad for $65.00 be purchased for the annual Rocky Mountain Coal Mine Rescue Contest.  Motion seconded by Councilmember Wheeler and carried.



Luce Engineering - Partial Payment


Councilmember Wheeler presented a request for a partial payment in the amount of $39,460.63 submitted by Hansen, Allen & Luce Engineering for their contract on the Water Transmission Pipeline Construction Services.  MOTION.  Councilmember Wheeler moved that the payment be approved.  Motion seconded by Councilmember Denison and carried.


12.        HELPER INTERCHANGE (UTAH DEPARTMENT OF TRANSPORTATION) - Ratification of Agreement (Temporary Connections)


Councilmember Wheeler reported that the Council gave verbal approved to enter into an agreement with the Utah Department of Transportation pertaining to the Helper Interchange and to authorize the Mayor and City Recorder to execute the documents.  During the reconstruction of the US6 Helper Interchange, UDOT has agreed to replace Price City=s existing 12" and 16" water transmission pipelines with a single 20" pipe that is consistent with the City=s new 20" water transmission pipeline. Further the UDOT has agreed to reimburse the City for work to install sufficient 20" pipe up to the boundaries of the interchange project on either end and to install temporary water connections to the existing 12" & 16" pipelines that will be replaced later in the year by the UDOT=s contractor.  MOTION.  Councilmember Wheeler moved that the action be ratified.  Motion seconded by Councilmember Kourianos and carried.




Councilmember Wheeler reported that the Water Department Supervisor is requesting permission to purchase a new exterior door located at the chlorine room at the Water Treatment Plant.  The present door is in poor working condition.  The Miox chlorine disinfection system has been completed and it is necessary to provide security to this room.   MOTION.  Councilmember Wheeler moved that the request be granted and that a new door be purchased for an amount of $2,834.  Motion seconded by Councilmember Kourianos and carried.


14.        WATER/SEWER DEPARTMENT - Permission To Purchase Pipe Locator


Councilmember Wheeler reported that the Water Department Supervisor is requesting permission to purchase a pipe and cable locator.  One pipe locator currently has to be shared for blue stakes needs.  An additional locator would allow two blue stake teams to complete requirements and proceed to other departmental duties.  It would also assist when one of the units is sent in for service or repairs.  MOTION.  Councilmember Wheeler moved that the request be granted.  Motion seconded by Councilmember Tatton and carried.


15.        RURAL WATER ASSOCIATION OF UTAH - Letter of Appreciation


Councilmember Wheeler reported that Gary Sonntag has proposed that a letter of appreciation be sent to the Rural Water Association of Utah complimenting them for their support to water and wastewater systems in Utah.  Price City has been affiliated with this association and recognizes the benefits that the association has provided.  The Council agreed that the letter be sent.


16.        HIAWATHA DAYS - Request To Waive Rental Fees For Washington Park- Tabled


Councilmember Reaveley presented a request from the Hiawatha Days committee to waive rental fees for the use of Washington Park for their reunion on August 31, 2003.  The Council discussed the large amount of waiver requests and questioned whether the fees should be adjusted.  MOTION.  Councilmember Kourianos moved that this item be tabled for further review.  Motion seconded by Councilmember Wheeler and carried.   




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17.        RESOLUTION #-2003-06 - Small Urban Area Road Plan


Councilmember Reaveley presented Resolution #2003-06, establishing a small urban area boundary for the City of Price, Utah.  MOTION.  Councilmember Denison moved that Resolution #2003-06 be approved and that the Mayor and City Recorder be authorized to sign the resolution.  Motion seconded by Councilmember Reaveley and carried.


18.        CARBON HIGH SCHOOL TECHNOLOGY CENTER - Use Of City Power Poles Approved


Scott McKnight, Carbon High School Technology Center, reported that approximately 15 years ago, the Carbon School District entered into an agreement with the City to use their power poles to place fibre optic cable between the high school and the district office.  He asked permission to place new fibre optic cable on those same poles with one small variation.  The fibre will run from the west side of town where the district office is now located and along 4th North and into 3rd East and continuing along 4th North past the CEU Administration building and overhead into the old Administration building.  As they prefer not to make the overhead connection into the new building, they will take a new route at 3rd East and head north alongside Washington Park across from the Student Activity Center.  It will be placed in conduit under 3rd East, and in and out of the administration building heading to the high school on the poles currently being used.  He is essentially asking permission to allow the use of five additional poles along 3rd East and 4th North above 5th North.  Five poles between 3rd East and 4th North will be abandoned.  The District will pay all the costs associated with the project.  MOTION.  Councilmember Denison moved that the request be approved, that an agreement be drawn up and that the school district be required to remove the old cable.  Motion seconded by Councilmember Reaveley and carried.   




Councilmember Tatton reported that the Parks Department budgeted $125,000 for the reconstruction of the six tennis courts in Washington Park. The budgeted amount included $50,000 from the City and $75,000 from a grant.  A grant application was submitted to the State Outdoor Recreation fund and was denied for lack of available funds.   The Parks Department is proposing the following options.  The City could fund the entire $125,000 and proceed with the tennis court reconstruction or use the $50,000 budgeted and resurface the tennis courts.  Resurfacing would extend the life of courts 3-5 years.  MOTION.  Councilmember Tatton moved that staff be authorized to proceed with the resurfacing at the budgeted amount of $50,000.  Motion seconded by Councilmember Wheeler and carried.


20.        FEDERAL EMERGENCY MANAGEMENT AGENCY - Permission To Submit Grant Application


Fire Chief Kent Boyack requested permission to submit a grant application to the Federal Emergency Management Agency to purchase a proposed brush truck.  MOTION.  Councilmember Wheeler moved that the application be submitted.  Motion seconded by Councilmember Kourianos and carried.


21.        OFFICE EQUIPMENT - Request For Reimbursement Denied


Mayor Piccolo reported that at the Redevelopment Agency meeting held February 26, 2003, the Agency referred the request of Office Equipment Company to the Council.  Office Equipment Company is requesting a reimbursement in the amount of $2,982 for costs to install a larger water line into their building that they no longer need.  The letter also made allegations against the Fire and Building Departments.  Mayor Piccolo presented explanations from Public Works Director Gary Sonntag, Building Official Francis Duzenack, and Fire Chief Kent Boyack.  Francis Duzenack explained that due to the size of the basement and lack of opening, the building code required a sprinkling system.  Fire Chief Kent Boyack was able to come up with an alternate solution, at a point in time when the water line was already installed.  The alternate solution by Mr. Boyack ultimately saved Office Equipment the additional money required to put in a sprinkling system.  The Council discussed this issue at length and determined that the end result was a savings to Office Equipment.  MOTION.  Councilmember Tatton moved that the request of Office Equipment Company be denied and that Mr. Sampinos be directed to send a letter to them to that effect.  Motion seconded by Councilmember Reaveley and carried.


22.        C.E.U. PREHISTORIC MUSEUM - Rental Fees Waived For Peace Garden


MOTION.  Councilmember Tatton moved that rental fees be waived for the Peace Garden for

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the C.E.U. Prehistoric Pre-History Week/Family Day on May 10, 2003.  Motion seconded by Councilmember Denison and carried.


23.        LIBRARY - Idea Approved (Book Drop)


Councilmember Tatton reported that an employee of the Library has submitted two options to solve the problem of the book drop.  The current book drop is a metal box located outside of the Library facility.  It needs to be stabilized or replaced.  There is also a concern that a hazardous material could be placed inside the book drop.  The option being considered is to place a slot in the building (cut a whole in the glass door) and discontinue the outside box.  The costs for this would be a lot less than replacing the current outside box.  MOTION.  Councilmember Tatton moved that the above option be approved.  Motion seconded by Councilmember Wheeler and carried.


24.        MISS MOLLEY=S PRODUCTS - Home Occupied Business Approved


Councilmember Kourianos reported that the Planning and Zoning Commission gave a favorable recommendation to Molly Feichko-Pantone to operate a business from her home (Miss Molley=s Products), located at 205 South Carbon Avenue.  This would be retail sales of alternative health products.  MOTION.  Councilmember Kourianos moved that the business be approved upon the purchase of a business license.  Motion seconded by Councilmember Wheeler and carried.


25.       HAND-N-HAND, DALE TERRY - Conditional Use Permits


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


Hand-N-Hand - 11 West Main, Nail Salon

Dale Terry - 1290 East 300 North, Fill Work


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


26.        UTAH DEPARTMENT OF TRANSPORTATION - Long Range Transportation Plan - Struck


27.        GENE HOUSE - Recommendation To Board of Adjustments (Request To Exceed 35% Lot Coverage Limit)


Councilmember Kourianos reported that the Planning and Zoning Commission is recommending approval to the Board of Adjustments for a request by Gene House, 150 West 500 South, to exceed the 35% lot coverage limit.  As a side note, P&Z Member Frankie Sacco reviewed the lot size and determined that it is larger than was first determined.


28.        NICK TATTON - Appointment To RC&D Committee


Mayor Piccolo recommended that Nick Tatton be appointed to the RC&D Committee.  MOTION.  Councilmember Denison moved that the appointment be approved.  Motion seconded by Councilmember Wheeler and carried. 




Mayor Piccolo presented the following travel requests:

Gary Sonntag, Harold Valdez, Dennis Rogers - Joint Highway Committee Meeting, April 22-25, St. George, Utah


MOTION.  Councilmember Tatton moved that the travel be approved.  Motion seconded by Councilmember Reaveley and carried.


30 .      SURPLUS ITEMS NOT SOLD - Seven Day Open Sale Approved


Jerry Wright presented a report on the recent sale of surplus items.  As there are several items that were not bid on, a determination needs to be made on those that were not bid.  They can either be returned to their respective departments and held until the next auction, salvaged, or taken to the local land fill.  A record would be kept on the status of the items.  Councilmember

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Kourianos recommended donating the technology type items to Ross Sacco at the College of Eastern Utah and take the rest of the items to the dump.  The Council discussed different options.  MOTION.  Councilmember Denison moved that a 7 day sale be open to the general public and that if the items are not sold at that time, that they be salvaged.  Motion seconded by Councilmember Reaveley and carried.


31.        DAVID FLEMETT - Rehire - Struck


32.        MIKE SANCHEZ, MATT THOMAS, JERRY GIRAUD - Rehires Approved


Keith Wight recommended the rehiring of the following individuals effective April 1, 2003.


Mike Sanchez, Matt Thomas - Cemetery Department, Laborer I, Temporary/FT


MOTION.  Councilmember Denison moved that the above rehires be approved.  Motion seconded by Councilmember Kourianos and carried.


Jerry Giraud - Water Treatment Plant Operator, Temporary/FT


MOTION.  Councilmember Wheeler moved that the above new hire be approved.  Motion seconded by Councilmember Denison and carried.     




Councilmember Kourianos reported that a meeting with the International Days Committee will be held within the next two weeks.  The Council and staff are invited to provide any input they may have.


MOTION.  Councilmember Tatton moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene.  Motion seconded by Councilmember Denison and carried.


Meeting adjourned at 8:13 p.m.

Reconvened at 8:25 p.m.


Meeting adjourned at 8:38 p.m.







ATTEST:                                                                       Joe L. Piccolo, Mayor





Joanne Lessar, City Recorder