Minutes of the Price City Council Meeting

City Hall: Price, Utah

September 9, 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

Rick Davis                                            Laurie Tryon, City Recorder

Kathy Hanna-Smith                           John Daniels, Human Resource Director       

Richard Tatton                                    Nick Sampinos, City Attorney


Excused Absence: Pat Larsen, Finance Director and Councilmember McEvoy

Others Present: Kent Jones, Vicky Tamllos, Patsy Bueno, Scott Olsen, Keith Cox, Dawn Collard, Grady McEvoy, Patty Rigby, Dickson Morley, Bryce Bryner, Steve Rigby, Rebecca Whipple, Lola Benham, Sharon Juliano, Kay Copfer, Joan Cranford, Shirley Alger, Jenann Koss, Brenda Migliaccio and Larry Madrigal


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


1.             PUBLIC COMMENT- No public comment was received.

2.             COUNCILMEMBERS REPORT-The Mayor and Councilmembers presented an update on the

               activities and functions in which they have participated.


                Councilmember Nielson left his Council seat to sit in the audience for item #3 stating a conflict of interest involving Cave Hollow Subdivision.


3.             PUBLIC HEARING- To Receive Input on a Proposed Zone Change Application Affecting the Cave Hollow Subdivision at 1500 North 300 East

                MOTION. Councilmember Tatton moved to open the public hearing at 6:03 p.m. Motion seconded by Councilmember Davis and carried. No public comment was received. MOTION. Councilmember Tatton      moved to close the public hearing at 6:05 p.m. Motion seconded by Councilmember Hanna-Smith and carried.


                Councilmember Nielson left the meeting for item #4.


4.             ORDINANCE 2008-07 An Ordinance Amending the Zone Map for the Area of the Cave Hollow Subdivision to be Rezoned from R1-12 to the Zone R1-8 Designation

                MOTION. Councilmember Hanna-Smith moved to approve Ordinance 2008-07. Motion seconded by Councilmember Tatton and carried.


                Councilmember Nielson returned to his City Council position.


5.             RELEASE OF RESTRICTION ON DEED- Bryce Bryner

                Attorney, Bryce Bryner requested a release of restriction on a property deed for Carbon School District. The School District has an opportunity to purchase a building from the LDS Church in East Carbon. If acquired, the building would be used as classroom space for East Carbon preschoolers. To acquire the building, the School District would have to convey to the LDS Church a portion of property owned by the District. A copy of the plat was provided by Mr. Bryner for the Mayor and Councilmembers. The subject piece of property is situated north of the School District’s maintenance building and west of the LDS Stake Center on 100 East and south of Price City Parcel No. 1-1783-X. It has been discovered that the School District acquired its property (Parcel No. 1-1780-X of 10.76 acres) from Price City in 1912. The warranty deed issued by Price City specifically states, “Said land is sold to said grantee upon the express condition that no part of said land shall be sold to any corporation or individual for private use”. Councilmember Tatton questioned a property overlap shown on the plat. Mr. Bryner stated that the overlapping was only on the plat provided and does not actually overlap properties. He also stated that the church plans to build a pavilion on the said property for church socials and parking. Nick Sampinos stated that he is comfortable with the release of restrictions as long as it is only for the small piece of property requested and not the entire 10 acres. Mr. Bryner stated that the property has not been used for any purpose for 96 years, and will not interfere with the Price City pump station. Grady McEvoy stated that the City has an easement to get to the pump station for access and that it will not be impacted. MOTION. Councilmember Tatton moved to approve the release of restriction on the deed for the property belonging to Carbon School District west of the LDS church as outlined in the provided map and will be so described in the Quit Claim Deed and to authorize the Mayor to sign a Quit Claim Deed on behalf of Price City. Motion seconded by Councilmember Hanna-Smith and carried.


September 9, 2008

 6.            BUILDING PERMIT FEE WAIVER- Dickson Morley

                Dickson Morley requested a building permit fee waiver for a church project to fix a local home in disrepair. There are approximately 200 adults and young people from the church that will be working on the home located in Price City. The home will be painted inside and out and new kitchen cabinets will be added which would require a building permit. Mr. Morley stated that he has consulted with the Price City Building Inspector and will have inspections as needed. Mr. Morley stated that there would not be any structural work done on the home and that all of the items and labor for the project were being donated. Mayor Piccolo recommended that the money for the building permit fee be taken from the RDA Economic Development fund to cover the fee. MOTION. Councilmember Tatton moved to approve the fee waiver for this non-profit repair project with payment of the building permit fee from the RDA fund. Motion seconded by Councilmember Davis and carried. The motion was amended by Councilmember Tatton to acknowledge that the City will still waive the building permit fee if the funding from the RDA does not cover the cost. Councilmember Davis approved the amended motion and carried.


7.             WATER ISSUE- Area Around 100 South 400-500 East- Vicky Tamllos

                Vicky Tamllos presented an issue regarding water and flooding problems around the area of 100 South and 400-500 East. She described what she thought were the area’s water problems which included: plugged gutters and grates which has caused a buildup of silt in gutters and on lawns causing cracked driveways and lifted sidewalks. Ms. Tamllos stated that the problem stems not just from storm and irrigation water but from a blockage in the City’s underground storm drain system which she said a City crew had been trying to clear. Ms. Tamllos sent a letter with a petition to the surrounding neighbors gathering signatures for the residents living below 100 South and 4th & 5th East to attend the City Council meeting regarding the water problem. She stated that safety is one of her main concerns due to the water running down the sidewalks, lifted sidewalks and slick dirt and debris left after each storm. She stated that citizens walking, running, exercising or riding by on the sidewalks could easily slip and fall. Ms. Tamllos stated that water is being wasted, standing water has mosquitoes and it is an unsafe, unhealthy problem. She stated that she is worried about the liability that would come from a fall because it is on her property. Ms. Tamllos stated that she understands the sidewalk is the homeowner’s responsibility but she does not want to replace concrete if the problem still exists because it won’t do any good as it is a recurring problem. Several neighbors and family members came to the meeting to discuss the same issues with the Council and hoped that the City would offer a solution. Scott Olsen, Price City Street Supervisor stated that the City is not responsible for the property from the piece of asphalt that touches the gutter to the sidewalk that meets the private property. He stated that he had looked at the area in question and spoken to Ms. Tamllos. The Mayor and Council were all concerned with the issues that the 100 South residents brought to the meeting and thanked them for bringing them to their attention. Mayor Piccolo offered to review the underground storm drainage system with special cameras to see where the problem lies. Ms. Tamllos thanked the Mayor and Council for their time and for the offer of sending the cameras under the street. She stated that she is sure that the cameras will be able to show the problem. MOTION. Councilmember Tatton moved to form a committee to research the 100 South storm drainage system (with underground cameras), the overshot problems at the 125 South address and calculate the amount of water going into the storm drain system for the area and then report back to the City Council with the findings. Ms. Tamllos will be contacted with the information as the spokesperson for the residents.   Motion seconded by Councilmember Hanna-Smith and carried. The item will be placed on unfinished business.  


8.             ORDINANCE ENFORCEMENT- Price Community Progress Committee

                Steve Rigby represented the Price Community Progress Committee with an ordinance enforcement issue involving blighted properties within Price City limits. Mr. Rigby stated that the committee was very pleased with the City’s actions concerning blighted properties that have been turned in to the City and wanted to compliment the City for a job well done. He stated that the committee would like to see the City ordinances relating to blighted properties followed when dealing with blighted areas especially those areas that are repeat complaints. Mr. Rigby gave several examples of area property lots that are blighted and in need of some attention. He stated that the committee would like to see an awareness program with a contact phone number created to educate citizens about the existing City ordinances and the rules of maintaining property and empty lots. He stated that landlords, out of state owners and property owners need to be made aware of the problems and be responsible for their own properties. Mr. Rigby stated that if a civil citation or fix it ticket is given to a property owner with a certain amount of days to fix the blighted area and then followed up on after the given days have expired, it would show that the City is serious about the issue and not be received as consent to leave properties in poor condition. Mayor Piccolo stated that tickets are currently issued and warnings given to owners of blighted properties are followed up on by the ordinance officer. Mr. Rigby stated that blighted

               properties become safety issues with excessive weeds obstructing view from streets, mosquitoes and obstructed sidewalks. Police Chief, Aleck Shilaos stated that 90% of the time, after a fix it ticket is issued, the property owner takes care of the problem and the Ordinance Officer does follow up on all tickets given. He stated that the property owners are given options if assistance is needed with cleaning the property.

September 9, 2008


                MOTION. Councilmember Tatton moved to have a news release prepared by Nick Tatton for the media to let the community know that Price City will enforce the ordinances for property maintenance and to involve the Community Progress Committee with an awareness program. 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.  Dayspring Developers-Approx. 1500 N. 300 E.- Re-zone Request for  Dayspring Developers- Jeff

                   Nielson ,Owner-Final

                b.  Amanda’s All-Star Cheerleading- 1317 E. Nielson Lane- Amanda Alderson, Owner- Preliminary Approval


MOTION. Councilmember Hanna-Smith moved to grant final approval on items a and b as recommended by the

Planning and Zoning Commission. Motion seconded by Councilmember Tatton and carried.


CONSENT AGENDA - Councilmember Tatton moved to approve items 12 through 19 as listed on the agenda. Motion seconded by Councilmember Davis and carried.


10.          MINUTES

                August 27, 2008 City Council

                August 27, 2008 Community Development and Renewal Agency

                September 5, 2008- City Council Workshop


11.          FEE WAIVER- Authorization for a Fee Waiver for Carbon County for the Utility Connection Fees Associated with the News Sheriff’s Intake Building. The waiver Amount is $3,970.00


12.          RESOLUTION 2008-16 Approval of an Electric Rate Schedule Amending Resolution 2007-29


13.          RESOLUTION 2008-15 Authorization to Adopt a Resolution Establishing a Job Description for Project Engineer


14.          PROJECT ENGINEER POSITION- Authorization to Advertise and Fill the Position of Project Engineer


15.          ALTERNATIVE WORK SCHEDULES- Authorization to Conditionally Approve Alternative Work

              Schedules a Trial Basis.

  • Alternative Work Schedules

Departments that feel an alternative work schedule, such as 4 days/10 hours, is conducive to providing effective customer and employee service can implement such a schedule on a trial basis subject to the following criteria:

1)       There must be written goals and objectives for the alternative schedule

2)       The Department Head must provide written approval for the schedule

3)       Measurements comparing results to goals and objectives must be tracked and reported quarterly to the Mayor or designee

4)       Alternative schedules can be eliminated at any time by the Mayor and Council or by applicable Department Heads.

5)       Alternative schedules cannot result in poor safety performance or increased budget costs.

6)       At this time Friday facility closures are not authorized or approved.


16.          UTAH DEPARTMENT OF TRANSPORTATION (UDOT)- Authorization to Approve an Agreement with UDOT for Pedestrian Safety Sidewalk Work, Granting the City Funds in the Amount of $6,617.

            The City is receipt of an Agreement from the Utah Department of Transportation, for Pedestrian Safety Sidewalk work, granting the City funds in the amount of $6,617. The funds represent 75% of the project with the City’s expected match of 25% or $2,205. The approved locations are: SR55 (200 West to 150 West, south side) and SR10 (1365 S to 1425 S, east side).


17.          TRAVEL REQUEST-

                Ralph Vose- Sabre-Sabre Reed Instructor Conference- September 10, 2008- SLC, Utah

                Paul Bedont- Public Officials Conference, October 14-15, 2008- Heber City, Utah

                Paul Bedont- National Hazmat Expo- November 3-7, 2008- Las Vegas, Nevada

                September 9, 2008


                Bob Bennett- Bonneville Chapter ICC Council Meeting- Nov.5-7, 1008, Ogden, Utah

                Bob Bennett- Utah Chapter of IAPMO/ICC Annual Seminar-Nov 18-22, 2008- St. George, Utah

                Gary Sonntag- Joint highway Committee- Sept.18-19, 2008, Provo, Utah

                Gary Sonntag- APWA Utah Chapter Fall Conference- Oct. 1-2, 2008- West Valley, Utah


18.          PRWID- Councilmember Tatton reported on the happenings of the last PRWID meeting.


19.          COMMUNITY PROGRESS- Update by Councilmember Hanna-Smith

·         Hwy 10 Price Billboard Site- 9/15/08 5 p.m. to prepare planter for rock delivery


20.          POWER BOARD- Update by Councilmember Davis

·         Sept. 24, 2008 1:30 p.m. Demand Side Management



                a. Committee Review for Street Banners

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

                c. Basso Dino-Mine Playground

                d. Animal Control- Cove Basin Park

                e. Demand Side Management Program

                f. New Library Project       


Meeting adjourned at 7:29 p.m. by Mayor Piccolo pursuant to the motion by Councilmember Hanna-Smith.          


APPROVED                                                                                          ATTEST




___________________________                                                 __________________________

Joe L. Piccolo, Mayor                                                                         Laurie Tryon, City Recorder