Minutes of The Price City Council Meeting

City Hall: Price, Utah

May 11, 2005, 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                                       Gary Sonntag, Public Works Director/City Engineer

     Richard Tatton                                              Nick Tatton, Community Director

     Jeanne McEvoy                                            John Daniels, Human Resource Director

     May Aguayo                                                 Bret Cammans, Customer Service Director

Aleck Shilaos, Chief of Police


Others Present:

     Annette Beckman                 Shirley Matheny             Rachel Winder               Diane Simmons

     Daniel Wood                         Chari Jelsma


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


 1.        PUBLIC INPUT - Request Adoption Of Ordinance For Smoke Free Buildings


Shirley Ann Methany, an occupant of the Carbon County Housing Authority apartment complex, requested that the Council consider adopting an ordinance designating smoke free buildings.  She has health problems and has been trying to get one or two of the Housing Authority buildings designated as smoke free.  Mayor Piccolo stated that it may be illegal for the City to do this.  He is aware of the situation and recommended a little more time be given for due process to take effect.  He attended a meeting of the Housing Authority board and felt that some progress was being made and that a solution is in the near future.  If such an ordinance is passed, it would require enforcement, which would create both a liability and budget issue.  However, if this is the last resort, the City would be willing to help.  Councilmember Denison agreed that this might be something to pursue. 


 2.        PUBLIC INPUT - College of Eastern Utah


Daniel Wood, Past Student Body President of the College of Eastern Utah, stated that he was at the meeting to answer any questions the Council may have regarding the college.  He would be happy to relay any messages back to the college president.  Mayor Piccolo thanked Mr. Wood for attending the meeting and for the fine job they did arranging the CEU insignia on Wood Hill and for the statue they presented to the City.


Councilmember Aguayo arrived at the meeting at 5:38 p.m.


 3.        COUNCILMEMBERS REPORT   - Update


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


 4 .       MISSION SAN RAFAEL AND NOTRE DAME DE LOURDES CHURCH - Permission To Sponsor Concert In Pioneer Park


Diane Simmons, representing the Mission San Rafael Catholic Church in Huntington and the Notre Dame De Lourdes Church requested permission to sponsor a free concert in Pioneer Park on Saturday, September 17, 2005 that will be free to the public.  As a fund-raiser, they also have a dinner scheduled at that time.  MOTION.  Councilmember Wheeler moved that the request be approved.  Motion seconded by Councilmember Aguayo and carried.


 5 .        CHRISTY OHLWILER - 775 North 700 East - Permission To Close Street For Block Party


Christy Ohlwiler, 775 North 700 East, requested permission to close 700 East for a block party on Monday, May 23, 2005, from 5:00 p.m. to 9:30 p.m.  MOTION.  Councilmember Denison moved that the request be approved.  Motion seconded by Councilmember Tatton and carried.


 6.         MINIATURE GOLF COURSE - Request To Use City Property - Struck      




May 11, 2005


 7.         TRIPLE H ENTERPRISES, DONNA=S CRAFTS - Home Occupied Businesses Approved


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


Triple H Enterprises - 360 North 1200 East, Tracy Hunter-Owner (Outdoor Yard Services)

Donna=s Crafts - 375 North 4th Avenue, Donna Valentine-Owner


MOTION.  Councilmember McEvoy moved that the business be approved upon the purchase of a business license.  Motion seconded by Councilmember Wheeler and carried.


 8.         RE MAX RAPTOR REALTY - 59 South 700 East - Conditional Use Permit Approved


Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation for a Conditional Use Permit to Re Max Raptor Realty to operate and to construct a sign at 59 South 700 East.  MOTION.  Councilmember McEvoy moved that the request be granted and that a Conditional Use Permit be issued.  Motion seconded by Councilmember Wheeler and carried.


CONSENT ITEMS -  MOTION.  Councilmember Denson moved that Items #9 through #18 be approved.  Motion seconded by Councilmember Wheeler and carried.


  9.       MINUTES - April 27, 2005


10.        SWIMMING POOL REPAIR - CEM Sales and Service - Change Order ($9,000) and Final Payment ($4,926.44) - Ratification





12.        RESOLUTION #2005-07 - Establishing Swimming Pool Usage Fees


13 .       TAMARA GRAY - Travel Approved -  Aquatic Facility Operator Certification Course, June 10 and 11, West Valley City, Utah


14.        PRICE CITIZENS SERVICE BUILDING ARCHITECTURAL SERVICES - Eaton Architecture, Inc. - Partial Payment #2 ($13,000)


15.        PETITION TO ANNEX CITY PROPERTY - Approximately 900 North 700 East (30.43 Acres City Owned and 5.03 Acres US Forest Service


16 .       PRICE CITY PUBLIC WORKS WEEK - May 15-21, 2005 (Public Works Is Everywhere You Look)


17 .       NEW HIRES APPROVED - Lyn=D Anderson, Kamron Atwood, Kellen Spillman, James Dilley, Jacob Callor, Danielle Olsen, Kelli Padgett (Swimming Pool Lifeguards); Kelsie Knudsen (Swimming Pool Office Clerk);  Mary Burrows (Library Aide)


18.        EXECUTIVE SESSION - Personnel Issue - Struck




Councilmember Wheeler reported that the Hill Subdivision located in the county is almost complete.  Loveless Ash Company who is located in the city has connected to PRWID=s water service.


20.        INTERNATIONAL DAYS - Update


Councilmember Tatton reported that plans for the International Days event is progressing very well.  He thanked the Mayor and Police Chief Shilaos for recommending the rules for vendors.


21.        EMERGENCY PLANNING - Update


Councilmember Aguayo reported that training sessions for emergency planning will either be held Thursday, August 18th or Thursday, August 25th, 2005.     

May 11, 2005




Mayor Piccolo reported that the pilot program for irrigation management is off and running.  A

committee consisting of himself, Gus Kalatzes, Keith Grogan, Brianna Welch, and Gary Sonntag met with the ditch users and selected ditch captains responsible for the delivery of water to each user.  They discussed remuneration for the costs involved, such as vehicle gas, shovels, etc.  


MOTION.  Councilmember Tatton moved that the meeting adjourn and that an Executive Session convene for the purpose of discussing legal issues involving the overpayment of franchise taxes.  Motion seconded by Councilmember Denison and carried.


Meeting adjourned at 6:15 p.m.

Reconvened at 6:29 p.m.


23.        OVERPAYMENT OF FRANCHISE TAXES - Authorization To Enter Into Agreement For Legal Services


MOTION.  Councilmember Tatton moved that authorization be given to enter into an agreement with Attorney Matthew McNulty not to exceed $10,000 to represent the City regarding the franchise tax dispute between Price City and Utah Power & Light Company.  Motion seconded by Councilmember Wheeler and carried.


Meeting adjourned at 6:31p.m.







ATTEST:                                                           Joe L. Piccolo, Mayor





Joanne Lessar, City Recorder