Minutes of The Price City Council Meeting

City Hall: Price, Utah

July 14, 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

     Stephen L. Denison                                       Gary Sonntag, Public Works Director

     Richard Tatton                                              Nick Tatton, Community Director

     Jeanne McEvoy                                            Aleck Shilaos, Chief of Police

     Joe Christman                                              Bret Cammans, Customer Services Director


Others Present:

     Frances Stone                      Lisa Sweeten                 Brian Oakley                 Trenton Hughes

     A. J. Knight                          Ben Kilbourne                Mike Nelson                  Kathryn Kilbourne

     Ernest G. Bentley                 Christa Terry                  Wayne Woodward          Cameron Butler

     David Wheeler                      Mario DiCaro                 Robert C. Strong            Albert F. DiCaro

     William Callor, Sr.                 Gary Turner                   Kent Hartley                  Pete Kilbourne  


Members of the American Legion Post #3 led the Pledge of Allegiance.  Mayor Piccolo called the roll with the above members present.


 1.         COUNCILMEMBERS REPORT -  Update


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


 2.         WAYNE WOODWARD - Visionary Service Leader Award For June


Mayor Piccolo  presented the Visionary Service Leader Award for the month of June to Wayne Woodward for his many years of contributions to the community.  Mr. Woodward and his wife Leslie established and has managed the successful Graduation Spectacular event for several years.  They have made Price City a better community.  


 3.        AMERICAN LEGION POST #3 - Presentation of Check For Doughboy Statue Repairs


Mario Dicaro, American Legion Post #3, presented a check in the amount of $500 to assist in the repair costs for the Doughboy Statue located in the Price City Peace Gardens.  He thanked City staff who worked quickly to have the statue repaired and placed back in the Peace Gardens.  Part of the funds come from two unsolicited donations;  Mike Milovich of Eastern Utah Community Credit Union and Julie Keyes from WalMart.  He asked that the citizens of Price be a little more vigilant in taking care of the statue.


 4.         FRANCES STONE - Complaint On Graffiti


Lisa Sweeten and Frances Stone, residents of Price, expressed their concern about the graffiti that is visible on the Southwest Plumbing Supply building.  They moved here from California and enjoy living in this safe and friendly City and don=t want to see graffiti get started.  They asked if it could be removed as quickly as possible.  If graffiti is allowed, then weapons and gang members are next.  Mayor Piccolo thanked Ms. Stone and Ms. Sweeten for bringing this to their attention.  The first priority of the Mayor and Council is the quality of life in Price City.  The City has a work release program involving troubled juveniles where they work off time and can be assigned to assist in removing the graffiti.  It is difficult to act within 24 hours, but this will be taken care of.   Police Chief Aleck Shilaos stated that gang related activities are not tolerated in Price City.  The Police Department reacts quickly to remove such elements.  Weather permitting, the graffiti will be removed Saturday.  Councilmember Christman asked ms. Stone to contact the Police Department if she finds any more graffiti. 


 5.        BEN KILBOURNE - Petition To Allow BMX Bicycles On Terrace Hills Skate Park


Ben Kilbourne presented a petition signed by approximately 40 youth requesting that bicycles be allowed on the Terrace Hills Skate Park.  They would be happy if they are allowed one or two days a week, or perhaps an hourly schedule.   They do not want to take away any time from the skate boarders.  They want them there all the time.  The park in Price is the only one in the state that doesn=t allow bicycles.  Parks in Logan, Moab, Salt Lake, Orem, Sandy, etc., allow both skateboarders and bicycles.  He realizes there is a BMX track being constructed, which is fine for

July 14, 2004


those that like to race, but most people just like to ride freestyle.  Councilmember McEvoy stated that she has driven by the park on several occasions and feels that it is not being utilized as much now as when it was first opened.   Along with safety, different ways to handle this issue was discussed, such as scheduling different times for the two types of riders, etc..  Mayor Piccolo stated that he would like to investigate this proposal further and contact other parks to see how they manage their operations for both skateboarders and bikers.  Ernest Bentley spoke in favor of allowing bikes on the skate park.  He has worked with Ben for several years in the Eagle Scouts and finds him to be a very responsible person.  He is a good representative for the youth.  The Council asked Ben if he could put together some type of schedule and recommended that it be placed on the next agenda for review. 


 6.        UTAH ASSOCIATION OF MUNICIPAL POWER SYSTEMS - Intermountain Power Project Unit #3


Douglas Hunter, Utah Association of Municipal Power Systems General Manager, presented a brochure and information regarding the construction of Unit #3 (coal fired power plant) at the Intermountain Power Plant facilities in Lynndl, Utah.  The coal for this plant will come from mines located in Carbon, Emery and Sevier Counties.  Compared to the units that were built in the early 70's, the new designs, infrastructure, and current technology allows the plant to be built to a much higher standard of lifetime availability.  The permit to construct the unit has already been approved and they are in the final stages of the process for an air permit from the Division of Air Quality, State of Utah.  Costs to construct the unit is over two billion dollars.  The year 2010 is their target date, but they expect the unit to be ready to go on line by the year 2009.  This power is being marketed within the ten western states and will be offered to municipalities only.  PacifiCorp is a partner in this project.  Their costs have been updated from 3 2 cents/kilowatt hour to 4 cents/killowatt hour.  It is anticipated if the Hunter Unit #4 project is completed, it  would be 4.8 cents/killowatt hour.  As the City is participants in Units #1 and #2, he asked the Council for their participation in Unit #3.  He has sent contract documents to the City Attorney for review.  In order to join the Development Committee and to obtain an ownership interest in IPP Unit #3, the City must complete the Development Agreement and Development Coordination Agreement by October 1st, 2004.  This is not a commitment to build the project, but it is a commitment to move to the next phase of detailed engineering, contract agreements, etc.  As the City is a member of UAMPS, they will help out on this.  There will not be any additional charges other than what the City is currently paying.  There is no upfront cash needed.  If the City subscribes to 2 or more megawatts, it can be an owner and have a place at the table.  It could  take one year to three years to go through the development phase.  The 3 years will not exceed $15 million in costs.  A customer reunion meeting will be held the third Wednesday in August at Brian Head near Parowan.   On Monday prior to the Wednesday meeting, a special session will be held on this project, which will involve Los Angeles people, Intermountain Power users, consultants, etc. to go over the entire project.  He asked the Council to join them if they desire.  Councilmember McEvoy thanked Mr. Hunter for his generous donation to International Days events.         


 7.        SUMMER PICNIC SCHEDULED - August 5th or 12th


Mayor Piccolo recommended scheduling an employee summer picnic during the month of August, possibly the 5th or the 12th.  Funds from the surplus property sale could be used for this function. MOTION.  Councilmember Christman moved that the picnic be held and that the funds from the surplus property sale be used.  Motion seconded by Councilmember Tatton and carried.


 8.        TONY POLITO - Donation of Sick Leave To Temporary Employee


Mayor Piccolo reported that Tony Polito, Cemetery Department employee, would like to donate sick leave to a temporary employee who has cancer.  The City has a policy to donate to permanent employees but not to temporary employees.  MOTION.   Councilmember Tatton moved that Mayor Piccolo be given authorization to review this issue and approve an administrative leave.  Motion seconded by Councilmember Christman and carried.  The item will be placed on the next agenda for advice and consent.


 9.        CARBON COUNTY SCHOOL DISTRICT - Police Department Grant Application


Police Chief Shilaos reported that Judy Mainord of the Carbon County School District asked the Police Department to partner with them on an application for a million dollar grant for an additional Police Officer for a three year period.  The partnership makes the grant more attractive.  As the application deadline was July 9, 2004, he agreed to the partnership.  The application was sent in, but he has no idea if it was accepted.  If it is successful, it would be $125,000 for 3 years for a

July 14, 2004


Police Officer.  If there is any shortfall after the three years, the School District will take care of 3/4 of the shortfall.  If it is not refunded the fourth year, the school district would go half.  This would be a school resource officer and would target at risk children in the community.  It would help with whatever problems the youth encounters.  MOTION. Councilmember McEvoy moved that the application be approved.  Motion seconded by Councilmember Wheeler and carried.


10.        HUNTINGTON CO-OP MINERS - Temporary Special Beer Permit Approved


Mayor Piccolo presented a request from the Huntington Co-Op Miners for a temporary beer permit for a summer party to be held at the old Notre Dame School building.  This is in conjunction with a fund raising event for the Mission San Rafael Catholic Church in Huntington plus a celebration for the success of the Co-Op miners in Huntington.  Dinner will be served  from 5 p.m. to 8 p.m. and dancing until 11:30 p.m.  MOTION.  Councilmember Wheeler moved that the permit be approved.  Motion seconded by Councilmember McEvoy and carried. 


11.        FOSSAT=S POWER WASH - Home Occupied Business - Struck


12.        DEN & JEN=S INFLATABLE BOUNCERS, PHIL=S CLEANING - 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.


Den & Jen=s Inflatable Bouncers - 622 East 200 South, Dennis & Jennifer Slavensky-Owners

Phil=s Cleaning - 1615 Warwick Circle, Phil Brown-Owner


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


13.        ADVANCED CARE HOME MEDICAL AND OXYGEN, INC. - Conditional Use Permit - Struck


14.        JERRY CARLSON - Conditional Use Permit - Struck


15.        BANASKY INSURANCE, AUTO SHIELDS, DAN JOHNSON - Conditional Use Permits Approved


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


Banasky Insurance - 6 West Main - Sign

Auto Shields - 140 East 100 South - Sign

Dan Johnson - 887 North 300 East - Lot Line Adjustment


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


16.        HOMETOWN AMUSEMENTS - Conditional Use Permit Approved


Councilmember McEvoy reported that the Planning and Zoning Commission reviewed the request of Hometown Amusements to operate a carnival at 400 East 100 North.  As this is during the International Days events, the Commission gave a favorable recommendation for a temporary three day permit subject to a favorable review by the Police Department and not opening until noon on Saturday.


MOTION.  Councilmember McEvoy moved that the request be approved and that a Conditional Use Permit be issued per the above stipulations.  Motion seconded by Councilmember Wheeler and carried.             


17.        RESOLUTION - Rate Changes For Non-Profit Food Banks Or Shelters - Tabled     



CONSENT ITEMS - MOTION.  Councilmember Wheeler moved that Items #18 through #39 be approved.  Motion seconded by Councilmember Denison and carried.


18.      MINUTES - June 28, 2004, June 28, 2004, July 1, 2004

July 14, 2004


19.        FLCIO - Ratification For Temporary Special Beer Permit


20.        RESOLUTION 2004-15 - Establishing and Adopting Personnel Policies and Procedures


21.        RESOLUTION 2004-16 - Adopting The Purchasing Rules and Regulations


22.        RESOLUTION 2004-17 - Increase In Water Rates


23         RESOLUTION 2004-18 - Increase In Sewer Rates


24.        RESOLUTION 2004-19 - Establishing An Economic Development Named The Economic

             Activity Security Price City (Easy) Program


25.        ORDINANCE 2004-004 - Setting Forth A Revised Purchasing System 


26.        NICK TATTON - Travel Approved


Utah Alliance of Economic Development Professionals and UAMPS and IPA meetings throughout the year.  Utah Rural Summit, August 11-13, Cedar City, Utah


27.        ADMINISTRATION - Purchase Approved For 2003 Ford Explorer


28.        PRICE MAIN STREET COMMITTEE - Schedule Change For Street Closure For

ACrazy Days@ From July 16 and 17 To August 6, 2004


29.       IS DEPARTMENT - Approval To Implement E-Mail Filtering Services


30.        LOS AMIGOS RESTAURANT - 353 South SR55 - Partial Release #3 of Development Agreement For $5,112.75


31.        WATER LINE REPLACEMENT, #2C-2004 - TNT General Contractors, LLC - Change

Order #1 (Deduction Of $2,725.00 and Addition Of $7,941.00); Final Payment ($102,336.00)


32.        SEWER LINE REPLACEMENT, #2C-2004 - Dwight W. Peterson & Sons Excavating B Change Order #1 (Addition of $39,656.31); Partial Payment #1 ($104,369.41)


33.        INDOOR POOL PLUMBING REPLACEMENT, #3C-2004 - US Mechanical, LLC - Change Order #1 (Addition of $3,303.00);  Final Payment ($55,200.00)


34.        IRRIGATION SERVICES - Committee Report - Bids Rejected


35.        WATER SOURCE PROTECTION - Prima Oil & Gas - Letter of Protest Withdrawn - Report




37 .      FUND TRANSFERS - Approved


38.       CERTIFIED TAX RATE FOR 2004 - 0.00271 Approved


39.       REHIRE APPROVED - Samuel Smith, Cemetery Dept., Laborer, Temp/FT


40.        Resolution - Adopting Fire Prevention Fee Schedule And Procedures - Denied


Mayor Piccolo presented a resolution adopting a Fire Prevention Fee Schedule and Procedures.  The Council questioned whether there might be a feeling that the City is getting Afee happy@.  Police Chief Shilaos stated that the required inspections and reviews take a lot of time and effort, such as removal of gas tanks, fire suppressions systems, etc.  This does not necessary effect all businesses.  Charging fees for certain types of inspections would take care of that extra time.  MOTION.   Councilmember Christman moved that the fee schedule and procedures be approved with an annual review.  Motion seconded by Councilmember McEvoy.  Resolution denied per the following vote.


Councilmember Wheeler - Naye              Councilmember Denison - Naye


July 14, 2004


Councilmember Tatton - Naye                             Councilmember McEvoy - Aye

Councilmember Christman - Aye


41.        LATE BILLING FEE -Denied


Pat Larsen reported that a request has been submitted by the City Treasurer to assess late fees  to utility customers earlier than the present practice.  Currently the late fee is added to the next billing.  Customers have 15 days to pay their bills and after that period of time,  they are considered past due and two days after that, late notices are sent.   After the late notices are received, they are given another 10 days to pay.  If it is not paid within that time, a disconnect notice is hand delivered to them personally and they are given two more days to pay.  This is a total of 17 days.  The request is to add the late fee of 1 2% at the time the late notices are sent, which is just two weeks earlier.   Bret Cammans stated that he didn=t know anything about this request and would like to review it.  He spoke against the proposal.  MOTION.  Councilmember Denison moved that the item be tabled.  Motion died due to a lack of a second.  MOTION.  Councilmember McEvoy moved that the request be denied.  Motion seconded by Councilmember Christman and carried.


42.        VOLUNTEER WORK - Tabled


Mayor Piccolo presented a request from the City Treasurer to establish a volunteer work program to assist customers in settling their debt with Price City, such as working off their bills.  Councilmember McEvoy stated that it was a good idea but questioned the amount of time it would take to monitor and supervise the volunteers.  Pat Larsen stated that the individual would be supervised by the department that he/she is assigned to.  MOTION.  Councilmember McEvoy moved that the request be approved.  Motion died for lack of a second.  MOTION.   Councilmember Tatton moved that the item be placed on unfinished business for further review.  Motion seconded by Councilmember Wheeler and carried.      


43.        NEW HIRE - Streets/Irrigation Department Laborer - Struck


44.        PRICE/WELLINGTON CANAL - Update


Mayor Piccolo reported that the Price/Wellington canal=s request for funds for canal piping was rejected.  Carbon Canal was successful with their request and Emery County received $16 million.


45.        INTERNATIONAL DAYS - Update


Councilmember McEvoy reported that Paula Noyes from the  Wellington City Council contacted her to place a float in their Pioneer Days parade scheduled for July 24th and recommended a fire truck.  She also clarified the costs of International Days.  It was reported that this event costs the City approximately $12,000.  However, if you add in all the man hours that staff puts in, it amounts to more like $24,000.  The Library staff is preparing a float for the Mayor and Council to ride in.  The Mayor and Council will hand out flags prior to the parade and then hand out candy during the parade.


46.       EMERGENCY PLANNING - Update


Gary Sonntag reported that the Emergency Planning Committee has put a lot of effort into planning a community fair for October, 2004.  The 1950 LaFrance fire truck will be used in the International Days parade to accentuate Emergency Preparedness.  Members of CERT will also be wearing their hats and vests for the parade.


47.         STEVEN ESPLIN - Utility Power Pole Relocation Costs


Bret Cammans reported that Steven Esplin, 28 East 900 North, has agreed to pay half of the costs   to relocate the utility power pole located on his property.  Mr. Esplin asked that he be allowed to pay these costs over a period of time through payments.  Costs are estimated between $1,200 and $1,500.  The wood power pole will be replaced with a fiberglass pole, but these costs will be paid by the City.  MOTION.  Councilmember Christman moved that this proposal be approved.  Motion seconded by Councilmember Tatton and carried.


Meeting adjourned at 8:35 p.m.


July 14, 2004







ATTEST:                                                                                   Joe L. Piccolo, Mayor





Joanne Lessar, City Recorder