Minutes of the Price City Council Meeting

City Hall: Price, Utah

September 12, 2006, 5:30 p.m.



Mayor Joe L. Piccolo                                                                          

Councilmembers:                                                  Pat Larsen, Finance Director

Kathy Hanna-Smith                             Nick Sampinos, City Attorney

Richard Tatton                                     Gary Sonntag, Public Works Director/City Engineer

Jeanne McEvoy                                   Nick Tatton, Community Director

Rick Davis                                             John Daniels, Human Resource Director

Jeff Nielson                                           Laurie Tryon, City Recorder


Excused Absence: Police Chief, Aleck Shilaos,

                              Customer Service Director, Bret Cammans


Others Present:  C.J. McManus-Sun Advocate, Georgina Nowak and Debbie Marvidikis-Health Dept.

BoyScout Troop #283-Leader, Scott Warren and troop members: Dalton Adams, David Seals, Patrick Warren, Jamin VanSickle, Forest Daniels and Isaac Morley working on their Communication Badges.


BoyScout Dalton Adams led the Pledge of Allegiance. Roll was called with the above members in attendance.


1.             COUNCILMEMBERS REPORT - Update


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


2.             INDOOR CLEAN AIR ACT-Georgina Nowak and Debbie Marvidikis, Health Dept.


Georgina Nowak and Debbie Marvidikis presented the Indoor Clean Air Act to the City Council. The Health Department will be visiting Price City businesses for distribution of current regulations regarding the Indoor Clean Air Act. Distribution will include a packet of information with no smoking signs and current updates. Media ads will be coming out across the State of Utah for all of the changes in the legislation. All of Utah will soon be smoke free. This is a health issue not a political or personal issue. The Health Department would like Price City Councilmembers to support them in their efforts and to refer all citizens’ questions to them directly. There is to be no smoking in front of businesses or downtown buildings without a 25’distance (safe distance from door). The Health Department will be  asking the businesses to create their own smoking regulations within their own buildings to comply with the Utah Indoor Clean Air Act.                


3.             MAIN STREET PROGRAM- Nancy Cammans- Rescheduled


4.             A.J’s CUSTOM BODY- Conditional Use Permit


                Councilmember Jeff Nielson reported that the Planning and Zoning Commission gave a favorable recommendation for the following request for a Conditional Use Permit.


a. A.J.’s Custom Body-500 So. Highway 55-New Building-Alan Stout, Owner-Preliminary


MOTION. Councilmember Nielson moved that the business be approved for a Conditional Use Permit. Motion seconded by Councilmember Tatton and carried.


b. Castle Country Fencing- Planning and Zoning Staff Item-Update to Council

Castle Country Fencing revocation of Business License and Conditional Use Permit

The Council discussed effects of Planning and Zoning to address concerns the business owner is using his home and property for more than just office use as allowed by the Conditional Use Permit.


MOTION. Councilmember Nielson moved that the Conditional Use Permit and Business License for Castle Country Fencing be revoked on the basis that Steve Manzaneres, the business owner is in violation of the City’s Land Development Code and he has failed or refused to correct the problems previously identified. Councilmember Hanna-Smith seconded the motion and carried. 


CONSENT ITEMS - MOTION. Councilmember Hanna-Smith moved that Items #5 through #19 be approved. Motion seconded by Councilmember Tatton and carried.


5.             MINUTES- August 23, 2006, August 23, 2006 CDRA Meeting


6.             EATON ARCHITECTURE-East Price Business & Industrial Park-Final


Eaton Architecture has submitted a letter informing the City that they have completed all

of the required work and that they have received payment in full. City staff concurs.


7.             CLASS C ROAD IMPROVEMENTS-Nielson Construction Co. #3C-2006, Change

                Order #1, Partial Payment #1


Nielson Construction has completed work on the mill and overlay and road reconstruction. Change Order #1 is necessary to reflect as-built quantities that will increase the contract amount by $30,923.54 for a total of $218,156.88. The 500 East project was to receive a mill and overlay; however, there was no pavement left after the milling nor any gravel base course, consequently the road needed to be reconstructed. The 100 South project was to receive a mill and overlay; however, between Carbon Avenue and 100 East the shoulders were extremely soft and needed to be over excavated and rebuilt with pit run, gravel base course and additional pavement. The invoices for completed work to date and partial payment #1 is $191,327.84. Traffic paint striping still needs to be done.


8.             CIB ROAD IMPROVEMENTS-#2C-2006, Change Order #1 and Final Payment #1

                M & M Asphalt


M&M Asphalt has completed all of the required Slurry Seal work. Change Order #1 is necessary to reflect as-built quantities by increasing the contract in the amount of $5,697.72 for a total of $123,673.28. This accounts for the irregular street sections that were not in the initial estimate. An invoice for completed work is $123,673.28.


9.             STREET CLOSURE – Dinosaur Tire requested a Street Closure for a Promotional Event


10.           LAND USE CODE – Proposed Revision to Chapter 4, Ordinance No. 2006-003


                Proposed revision to Chapter 4 of the Price City Land Use Management and Development Code relating to administrative approval for signs               


11.           AUDITORIUM FEE WAIVER-Catholic Church Lifeline Center- Authorization to Waive the Rental Fee for a Scheduled Benefit in February of 2007


12.           SWIMMING POOL-Permission to Advertise and Hire Two Lifeguards-budget approved item.


13.           SWIMMING POOL-Permission to Advertise and Bid – Replacement of Heating/Air-Conditioning Units


14.           CITY HALL-Permission to Advertise and Bid – Replacement Boiler and Cooling Tower Fan, Heat Exchanger


15.           SUBSTATION REBUILD- Approval for Substation Rebuild to Include Authorization for CIB Grant


16.           ADOPT A STREET AGREEMENTS-Dinosaur Tire and Sutherlands


17.           TRAVEL REQUEST- SHARI MADRID- Utah Business Licensing Association Conference, Cedar City, Utah-October 12 & 13, 2006


18.           SAFE DEPOSIT BOX-Wells Fargo- Ratification


19.           DABC LICENSING- Approval of Local Consent Forms for Holiday Inn, Rockies and Skylight Restaurant


20.           POSTAGE MACHINE- Permission to Purchase a Postage Machine and SCALG


This postage machine is now required by the USPS due to the new barcode system. This change will take place in 2008 and Price City will need to comply. This is a budgeted item. MOTION. Councilmember Nielson moved to purchase the postage machine and SCALG. Motion seconded by Councilmember Tatton and carried.


21.           RESOLUTION 2006-21 – Cemetery Fees


The Price City Cemetery Code is being revised as it has not been done since 1986. The fees are now being updated to be current and comparable with other cities. Perpetual care is included in the cost evaluation. Future projects that will be addressed for the cemetery will be headstones from the maintenance standpoint versus flat headstones, personal plantings next to headstones, purchasing burial plots with the intention of selling to others and the idea of having a burial fund set up for those needing assistance paying for city provided services. Changes necessary for this resolution to be passed: Change “may” to “shall” on the section titled, “Deed Transferal Handling Fee” on page 2 and to clarify the time and days of the week on page 1 at the bottom regarding overtime. Also, the equipment rentals on page 2 need to be clarified in detail. Nick Sampinos will review the resolution and return the changes to the committee for review. MOTION. Councilmember McEvoy moved that the changes be made and brought back to City Council with the item left on unfinished business until such time. Councilmember Hanna-Smith seconded the motion and carried.


22.           USDA RBOG GRANT-Authorization to accept grant from USDA for the Castle Country Business Expansion and Retention Program


                Price City has been selected by the USDA to receive a Rural Business Development Grant (RBDG) in the amount of $26,100.00. The funds will be used to enhance the business expansion and retention program, specifically for the hiring of contracted consultants to conduct business visitation and for training of committee members and selected consultants. This funding will not be used for tangible items or equipment. Nick Tatton suggests that the funding  be accepted and further authorize the Mayor to sign all necessary grant documents on behalf of Price City and the program. MOTION. Councilmember Nielson moved to accept the USDA RBDG grant funding and to authorize the Mayor and City Recorder to execute all documents as may be necessary on behalf of Price City as the grant recipient. Motion seconded by Councilmember Tatton and carried.


23.           RESOLUTION 2006-22 – Intermountain Power Transmission Agency


                A resolution and contract to become a founding participant in the new IPTA. The IPTA will facilitate transmission of power from IPP 3 generators. Councilmember Davis asked if we would be able to take advantage of the power demand. Nick Tatton assured the Council of that option and the stability in this agreement as this is a backup to the Power Generation Agreement. The Council have all been given a copy of the proposed resolution and agreement for their approval. MOTION. Councilmember Davis moved to adopt Resolution 2006-22 to accept the Intermountain Power Transmission Agreement. Motion seconded by Councilmember Tatton and carried.


24.         PRWID- Update by Councilmember Tatton


                A PRWID meeting was held on September 5th, 2006. With a population of 10,000 residents, the water quality requirements change. PRWID is now serving a population of over 9,000 and is to subject to have stringent requirements. The Helper Interchange Project is going well. PRWID has to carry a bond reserve but is not currently in compliance with those bond covenants. Ways to fill the reserve are being researched and discussed. There will be proposed a $2.00 rate increase on water and a $2.00 increase on sewer which will help build the reserve. A restructuring of loans from the CIB which will generate 165,000 annually are being worked through.


25.           COMMUNITY PROGRESS-Update by Councilmember Hanna-Smith


                The final round of judging will be done for yard of the month. We are ordering, “Do Not Litter” and “Adopt A Street” signs now. 


26.           COMMUNITY PLAYGROUND-Update by Councilmember McEvoy


                The construction of the playground has begun. Tony Basso is the grand donor of $35,000 and it has been decided to name the playground, “The Basso Dino-Mine Playground”. The local phone book is putting a map and directions for the park in its next edition. A proposed agreement has been provided to all Councilmembers, granting permission to use the Price City main phone number listed for contact. The playground committee will have the area cleaned and items removed in approximately two weeks. A yard sale will be held on Sept. 23, 2006 to sell all of the unused purchased items. The money from the sale will be returned to the Playground account fund. The committee seeks approval to have the yard sale on Price City property. MOTION. Councilmember Tatton moved to approve the yard sale. Motion seconded by Councilmember McEvoy and carried.



a.             Emil Simone Complaint - 11-05


28.           Item B of Unfinished Business: Buck and Claudia Moynier-Road- 7/06


After several months of discussion and research, the issue of the road owned by Price City, leading to Buck and Claudia Moynier’s private home has been back brought to City Council for updating and a possible solution. The road is in poor condition and the winter weather is quickly approaching. It has been decided to patch the road before winter. Substantial improvements would need to be done to the lower half of the road leading to the water tank accessed and owned by Price City.  Price City Council and staff have personally taken the time to review and analyze the road’s condition and have come up with a few options.

1.             Price City no longer uses the lower half of the road to access the water tank as the tank is in disrepair and can no longer be of use. Therefore, Price City could sell the property to the Moyniers so they would have access and responsibility of the road. The water tank could then be salvaged and sold as scrap metal. The Moyniers could place a gate at the bottom of the hill where the road begins with a sign indicating private property. This would keep citizens from driving up the narrow road.

2.             As Price City doesn’t need access to the water tank anymore, Price City can look at ownership and road maintenance and just patch the road for now, or use another access route behind the water tank coming from the other side. There is not a pipeline or utilities of any kind in the upper section of the road leading to the Moyniers home. The lower section does have utilities that are under the road. The City could surplus and sell the upper half of the road to the Moyniers now as Price City would never need access to the upper section. 3.          The sale of the property would include appraisal, title search and advertising costs that someone would be responsible to cover. Selling a right of way may also be an option. The road would need to be built from the bottom up for stability and Price City could partner with the Moyniers on this re-structuring.


A risk assessment study needs to be done as to who uses the road and how often the road is used to determine all safety factors. The Council would like to allow staff to explore the options to remove the tank and have it salvaged off of the site before making any decisions. Removing the tank completely would solve the long and short term effects associated with this road. MOTION. Councilmember Tatton made the motion to begin a risk assessment study and the temporary patching repairs necessary to improve the integrity of the lower half of road with the possible addition of “authorized personnel only” signs and posts along the road’s edge. Motion seconded by Councilmember Davis and carried.


MOTION. Councilmember Davis moved that the meeting adjourn. Motion seconded by Councilmember Nielson and carried.


Meeting adjourned at 7:34 p.m.






                                                                                                            Joe L. Piccolo, Mayor




Laurie Tryon, City Recorder