Minutes of the Price City Council Meeting

City Hall: Price, Utah

May 28, 2008 at 5:30 p.m.



Mayor Joe L. Piccolo                       Gary Sonntag, Public Works Director

Councilmembers:                             Aleck Shilaos, Police Chief

Jeff Nielson                                           Nick Tatton, Community Director

Richard Tatton                                    Nick Sampinos, City Attorney

Rick Davis                                            Laurie Tryon, City Recorder

Kathy Hanna-Smith                           Pat Larsen, Finance Director            

Jeanne McEvoy                                   John Daniels, Human Resource Director


Excused Absence:

Others Present:  Jack Bonaquisto, Paul Bedont, Ashley and Alex Tryon, Mike Tryon


Mayor Piccolo led the Pledge of Allegiance. Roll was called with the above Councilmembers and staff in attendance.


1.             PUBLIC COMMENT- Jack Bonaquisto

                Mr. Bonaquisto explained an ongoing problem that occurs in his neighborhood located in the Coves Subdivision at 1110 North 300 East. He stated that he lives near Cove Basin Park (Park) and feels that the Park is not being used respectfully by citizens. He said that many people are using the Park to walk their dogs and are allowing the dogs to defecate on the ground and do not clean it up. He brought photos of the area to show the current conditions. He would like Price City to do something about the problem. He stated that the dogs are not on leashes and the walking usually takes place in the early mornings and late afternoons. He would like to see signs placed near the park stating that no dogs are allowed in the area.

                Mr. Bonaquisto’s second item of concern is the use of off road vehicles directly behind his home. He stated that he has lived in the area for 30 years and has dealt with the dust, noise and disturbance long enough. He has called the police and feels that they do what they can but because there are no signs or areas blocked off, it isn’t doing any good.  He stated that because the off road vehicles are constantly riding on the dirt hills, it is tearing up the area and the disrupting the environment. He stated that he cannot enjoy his own yard and patio because of the disturbance. Mr. Bonaquisto does not like trailers parking near his home unloading off road vehicles and then riding them day and night by his home and wants Price City to do something about the issue. Police Chief Aleck Shilaos stated that the police department has tried to alleviate the problem. He stated that in accordance with a City Ordinance, off road vehicles are allowed on certain City streets as long as they follow state legal requirements. Councilmember Nielson suggested placing signs stating that riding near homes in city limits is not allowed. Chief Shilaos will encourage people to enter the area from the trailheads by the ball fields on 1100 east instead of unloading in the Coves. Off road vehicles operation is not allowed within 500 feet of a home and people need to be educated on the ordinance. The Police Department now has four wheelers to deal with the problem and will be able to enforce the rules more effectively.


2.             COUNCILMEMBERS REPORT-The Mayor and Councilmembers presented an update on the activities and functions in which they have participated.


3.             PUBLIC HEARING- To Receive Input on the 2008-2009 Fiscal Year Budget

                MOTION. Councilmember Nielson moved to open the public hearing at 6:11 p.m. Motion seconded by Councilmember Hanna-Smith and carried. No public comment was received. MOTION. Councilmember Tatton moved to close the public hearing at 6:15 p.m. Motion seconded by Councilmember Nielson and carried.


4.             VISIONARY SERVICE LEADER AWARD- Mike Tryon, CEU Welding Engineer

                Mike Tryon received the Visionary Service Leader Award for his dedication to and support of the CEU welding students and their efforts to compete in national competitions and in the welding industry in general.


5.             SMALL AERIAL BUCKET TRUCK UNIT #3210- Authorization to Repair or Replace the Small Aerial Bucket Truck

            Bucket Truck Unit #3210 is a 1985 Chevrolet 3500 Aerial apparatus vehicle. It was recently inspected and it failed in a number of areas. The Fleet Department has tagged it out to stop its use for safety reasons. The needed repairs would cost approximately $7,000. This vehicle is old and is it anticipated that more repairs will be needed as time goes on. It has been in continuous use for hanging Christmas lights, flags, street banners, pole banners, reaching high areas inside of the Public Works Domes and other miscellaneous tasks. It has been useful due to it small size and maneuverability. The other much larger aerial bucket truck Unit #4605, a 2000 GMC model, is used primarily for forestry work. If the small aerial bucket truck unit #3210 is replaced, estimates show that the cost would be approximately $90,000. A rental unit may be an option at this point. MOTION. Councilmember Tatton moved to allow staff to pursue alternatives to replacing the small aerial bucket truck and to return their findings to Council. Motion seconded by Councilmember Hanna-Smith and carried.



Nick Tatton reported that the Planning and Zoning Commission gave the following recommendations on

applications for Conditional Use Permits.



·         a.  WildCats Shoe Store- 80 So. Carbon Ave.-Cathy Workman, Owner- Business and Sign-Final with conditions.

·         No on street parking by owners or employees. Owners and employees must park off-street in adjacent or mid-block parking lots finding that owner and employee parking in off-street lots reduces congestion and improves the opportunity for commercial activity and is consistent with the goals in the Price City General Plan.

·         Procurement of a valid Price City building permit and completion of all necessary building renovations, including ADA access, consistent with the recommendations of the Price City Building Inspector and Price City Fire Chief finding that properly renovated buildings provide a safe environment for owners, employees, customers and mitigate any potential impacts to community health, safety and welfare.

·         Installation of the business sign consistent with the provisions of Chapter 4 of the Code and as indicated in the application materials finding that properly reviewed, regulated and installed business signage promotes a healthy commercial core in the community and is consistent with the goals in the Price City General Plan.

·         Renovation of the existing building façade and placement of aesthetic improvements such as planters, etc. consistent with the 5% landscaping requirement in the City’s Land Development Code finding that the address of 80 South Carbon Avenue is a community gateway and aesthetic improvements at that location will improve overall community aesthetics and improve commercial opportunities consistent with the goals in the Price City General Plan.

                b.  Winger’s Restaurant-980 W. 150 N.- Kasey Petersen- Business and Sign-Concept Only

                c.  Diversity- 11 E. Main- Eddie Horvath, Owner- Business Relocation-Final with conditions

·         Maintain a partitioned area where adult magazines will be contained, not to exceed the 2.3% of floor space indicated on the site plan; install signage indicating that the partitioned area is restricted to minors and proof of age must be presented to enter the partitioned area; no browsing of adult magazines by minors, finding that a restricted, posted and controlled area for adult magazines will reduce the potential for use by minors and maintain the business in a manner not subject to the City’s Sexually Oriented Business ordinance.

·         Other items for sale must not include any sexually oriented items and no items that include a sexual theme and are expressly limited to those items indicated in the application for the CUP:  body piercing; tattoos; tobacco pipes and accessories, incense; and, body jewelry finding that any other items for sale may necessitate additional conditions of approval from City.

·         All piercing to be done in a private room, as indicated on the site plan, with closeable doors and curtained windows to facilitate privacy, finding that some body piercing may involve removal of clothing by the person being pierced.

·         Tattoo area to be in designated area only as indicated on the site plan and in a room with closeable doors and curtained windows to facilitate privacy finding that some tattooing may involve removal of clothing by the person being tattooed.

·         All business signage to be presented to the Price City Planning Department for approval under the terms of Chapter 4 of the Code prior to installation, finding that controlled and regulated signage promotes a consistent community image and addresses the goals within the Price City General Plan.

·         Site inspection by the Price City Building Inspector and Price City Fire Chief to establish location safety, fire safety and compliance with all ADA rules and regulations, finding that safety and access protection provide for the health, safety and welfare of the community.

·         No on-street parking by owners or employees finding that on-street parking contributes to congestion and no on-street parking mitigates safety concerns.

·         Submission of a copy of valid health department license and any state licensing to Price City finding that properly inspected and licensed businesses mitigate health and safety impacts in the community.

·         No other land uses are permitted, including but not limited to the sale of pets, pet supplies, pet food and feeder animals, finding that the impact of such land uses may not be compatible at the location and additional review, imposition of conditions and approvals by City may be necessary.

MOTION. Councilmember Nielson moved to grant final approval on items a and c as recommended by the Planning and Zoning Commission. Motion seconded by Councilmember McEvoy and carried.


CONSENT AGENDA - Councilmember Tatton moved to approve items 7 through 13 as listed on the agenda with item #10  removed for discussion. Motion seconded by Councilmember McEvoy and carried.


7.             MINUTES

                May 14, 2008- Special Council Meeting

                May 14, 2008-City Council Meeting

                May 21, 2008- Special Council Meeting


8.             BUSINESS LICENSE- Authorization to Approve a Business License for Redcliffs SelecCare Inc. and AspenLiving Inc.


9.             STREET CLOSURE- Authorization to Close Main Street from 700 East to 200 West for the Black Diamond Legends Horse Heritage Parade to be held on June 7, 2008 at 11 a.m.


10.          STREET CLOSURE- Authorization to Close the Street Between 800- 700 North and 700 East for Kristy Ohweiler on June 16, 2008 from 5 p.m. until 9 p.m.


11.          BID AWARD REPORT- 200 West; Curb, Gutter Sidewalk and HMA Improvements #4C-2008

            B. Hansen Construction withdrew their bid. The low bid is Dennis Lierd Construction, $59,000. This is within

               Budget funding.


12.          DEVELOPMENT AGREEMENT AND GUARANTEE- Authorization to Provide a Final Release of the Remaining Guarantee Funds in the Amount of $500.00 for Basso Etzel Cedar Hills Drive Storage Units #2 and #3

                By all observations they have completed the expected public improvements on their storage units phases #2 & 3. They completed phase #1 prior to this and received a release, they then added on phases #2 & 3. They are eligible for a final release of the Development Agreement and remaining guarantee funds in the amount of $500. 


13.          TRAVEL REQUEST-

                Nick Tatton- Annual UAMPS, IPA, Utah Alliance for Economic Development, Governors Office of Economic Development Meetings for 2008-09- Various Dates and Locations

                Debbie Worley-SWAVO Quarterly Training-Midway, Utah- July 9 and 10, 2008


14.          FIRE DEPARTMENT- Authorization to Advertise and Hire a Firefighter

                Councilmember Hanna-Smith asked if the firefighter would receive volunteer stipend and if the item was

              within budget. Fire Chief, Paul Bedont stated that the position was within budget and that the new firefighter

              would receive the volunteer stipend of $500 a month. MOTION. Councilmember Hanna-Smith moved to

              approve the item. Motion seconded by Councilmember Tatton and carried.


15.          PRWID –Update- Councilmember Tatton reported on the happenings of the last PRWID meeting.


16.          COMMUNITY PROGRESS- Update by Councilmember Hanna-Smith

·         Next meeting cancelled- special cleanup work assignment within City limits


17.          POWER BOARD- Update by Councilmember Davis

·         Rate schedules- Rocky Mountain Power

·         Wind Power Contract- study project


18.          INTERNATIONAL DAYS- Update by Councilmember Davis

·         Next meeting- June 10, 2008- 12 noon



                a. Committee Review for Street Banners

                    Councilmember Nielson updated the Council on the committee review for street banners. The committee

                  will try a different approach for hanging banners:

·         Pole signs- turn pole signs towards sidewalks and lower them to be serviced by the entity requesting signs. This would alleviate using City equipment and manpower

·         Banners going across the City streets take manpower and equipment. The new approach would be to place signs near entry ways into the City- to be serviced by applicant which will alleviate City manpower or vehicle use and attract tourists into the area

·         Banner system at peace gardens- lower on ground.

·         Re-wording of City agreement language for applicants requesting banners and signs so they are aware of what they need to comply with when hanging their own signs and banners. This will make them responsible for their own signs


                b. Curb, Gutter and Sidewalk Improvements on 2nd South

                c. Basso Dino-Mine Playground

                d. Eastern Utah Produce-Easement/Public Right of Way-access ramps/steps


              Councilmember Nielson excused himself from the room for item 19d. Nick Sampinos has reviewed the

              request from Jeff Nielson at Eastern Utah Produce and recommends approval with the understanding that the

              six (6’) foot public right of way will not be impacted in any way. The option to vacate the property and sell it

              for an appraised price was considered in this matter.  To satisfy the City and grant the request of Eastern Utah

              Produce, this item could be approved as long as the sidewalk is not negatively impacted. MOTION.

              Councilmember Tatton moved to approve the request by Eastern Utah Produce with the agreement that the

               public sidewalk will not be impacted in any way. Motion seconded by Councilmember Davis and carried.

              Gary Sonntag stated that the actual sidewalk width requirement is five feet wide not six feet and must remain

               comparable to other City sidewalks. MOTION. Councilmember Tatton amended the motion to state the five

               foot requirement. Motion seconded by Councilmember Davis and carried. The item will be removed from

               unfinished business.



20.          DEA CONSTRUCTION- Sewer Lateral Reconstruction-Project #6C-2008- Final Payment

                MOTION. Councilmember Tatton moved to approve item 20. Motion seconded by Councilmember Hanna-Smith and carried.


21.          STREETS DEPARTMENT- Authorization to Advertise and Hire a Laborer to Fill A Vacancy in the Street Department

                MOTION. Councilmember Tatton moved to approve item 21. Motion seconded by Councilmember Nielson and carried. 


22.          PLANNING AND ZONING- Utilize the Bond Proceeds on Pinnacle Canyon-Approved by Planning and Zoning on April 14, 2008

            MOTION. Councilmember Nielson moved to approve item 22. Motion seconded by Councilmember

              McEvoy and carried.


Meeting adjourned at 8:05 p.m. by Mayor Piccolo pursuant to the motion by Councilmember McEvoy.          


APPROVED                                                                                          ATTEST




___________________________                                                 __________________________

Joe L. Piccolo, Mayor                                                                         Laurie Tryon, City Recorder