Minutes of The Price City Council Meeting

City Hall: Price, Utah

October 13, 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/City Engineer

     Richard Tatton                                              Nick Tatton, Community Director

     Jeanne McEvoy                                            John Daniels, Human Resource Director

     Joe Christman                                              Bret Cammans, Customer Service Director          

Kevin Drolc, Police Department Lieutenant


Others Present:

     Barbara Piccolo                    Lisa Byrge                     Travis Byrge                  Josh Rogers

     Shirley Matheny                    Kellie Criswell                Steve Pappas                Nancy Mercer

     Riata Lee Ganino                  Edwin                           Dennis Rogers               Vicky Miller

     Melanie Steele                      Elizabeth Piccolo           Christina Shook


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




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


 2.        VISIONARY SERVICE LEADER AWARD - Joshua P. Rogers, Dennis J. Rogers, Travis H. Byrge


Mayor Piccolo presented the Visionary Service Leader Award for September to Joshua P. Rogers, Dennis Rogers and Travis H. Byrge, for their assistance in reducing drugs in the community.  All three are employees of Price City.


 3.        WELLS FARGO BANK RE-GRAND OPENING - Street Closure Approved


Councilmember Denison stepped down from the Council bench to present this item.  He reported that Wells Fargo Bank recently renovated their building at 180 East Main Street.  They are planning to hold a re-grand opening on October 27, 28 and 29.  As part of their celebration, they plan to provide stagecoach rides for the community on October 27 between 1:00 p.m. and 4:00 p.m..  They would like to close a portion of Main Street in front of their bank and a portion of 2nd East on the east side of their bank.  By using the center turn lane, traffic will be able to continue both east and west and north and south.  They received permission from the County Commissioners to use the courthouse  parking lot and loop around with the stagecoach.  MOTION.  Councilmember Tatton moved that the request be approved as outlined in the proposal.  Motion seconded by Councilmember Christman and carried. 1 to 4.   


 4.         ACTIVE RE-ENTRY  - Request To Construct Additional Sidewalks


Riata Ganino, representing Active Re-Entry, requested assistance in making city sidewalks and streets safer for members of the community who use wheel chairs and scooters as a means of transportation.  She referred to areas within the City that do not have accessible sidewalks, damaged sidewalks or no sidewalks.  Individuals need to be able to have access to the college, to the hospital, the Carbon County Housing Authority, etc.   Often these individuals are forced to ride on the sides of the roads where they do not feel safe.  Gary Sonntag stated that he is aware of these areas and is working on a plan to take care of these issues.  Mayor Piccolo stated that he had met with Mrs. Ganino on this issue and feels that with the help of Mr. Sonntag and other community members, that this will start to move forward.  Gary stated that an inventory needs to be conducted to determine the specific areas that need attention, such as ramps on the corners and access to pedestrian crossings.  He recently attended a meeting with Active Re-Entry that included representatives from the Utah Department of Transportation.  UDOT is also aware of these issues and is working to take care of them.  After an inventory is completed, a budget estimate will need to be done to achieve those goals and objectives.  Mayor Piccolo stated that the school district is looking at a child access safety route and the City and County is looking at a trail system.  Perhaps these can all tie in together.  In order to solve these issues, it will take a joint effort between the City, County and UDOT.  MOTION.  Councilmember Tatton moved that the City support this project.  Motion seconded by Councilmember Wheeler and carried


October 13, 2004


 5.        SOUTHEASTERN UTAH HEALTH DISTRICT - Permission To Insert Three Part Flyer In Business License Billing


Georgina Nowak, Southeastern Utah Health District, requested permission to place a three part flyer in the business license billing that will be mailed in mid December.  The flyer is a guide for businesses to comply with the law involving Utah=s Indoor Clean Air Act (prohibits the possession of lighted tobacco products in enclosed places of public access and publicly owned buildings and offices).  Any additional postage will be covered by the Health District.  It was felt that the City would not be remiss in allowing this as it concerns the health of the community.  MOTION.  Councilmember Tatton moved that the request be approved.  Motion seconded by Councilmember Christman and carried.


 6.        WBBA WORLD SERIES - Request For Support - Tabled


MOTION.  As representatives of the WBBA World Series were unable to be at the meeting, Councilmember Denison moved that the item be tabled.  Motion seconded by Councilmember Wheeler and carried.


 7.        ALI  HEKMAT - Request To Review Claim For Damages Denied


Mayor Piccolo presented a letter from Ali Hekmat regarding a sewer back up that occurred at his rental unit at 460 North 200 East on April 29 and 30, 2004.  Mr. Hekmat submitted a claim for damages to the City=s insurance carrier.  The insurance company denied his claim as they didn=t feel the City was responsible for the back up.  Mr. Hekmat is asking the City to review his case further.  After reviewing the correspondence submitted by the Price City Sewer Department, it was felt that there is no new information to support further review.  MOTION.  Councilmember Denison moved that the request be denied.  Motion seconded by Councilmember Christman and carried. 


 8.        LOVELESS ASH COMPANY DEVELOPMENT - Financial Guarantee Waived


Mayor Piccolo presented a letter from Mike & Colleen Loveless requesting that the financial guarantee for water and sewer improvements for construction of their new building located at 630 South Nick Lane be waived.  Gary Sonntag stated that two alternatives can be used in lieu of the financial guarantee.  One is to use the occupancy permit to regulate the installation of required improvements and the other is to ask the bank to submit a letter indicating that the loan for the development includes the installation of water and sewer improvements.  One part of the improvements deal with the water and sewer needs and the other is the completion of street improvements, curb, gutter and sidewalk.  Some years ago, Nick Lane was intercepted by a secondary road that ties into Highway 6 and was installed by the Utah Department of Transportation.  The elevation of that road is significantly higher than the construction grade of this project.  If the road were to be developed to its full width, it would require a substantial amount of fill and would still have the potential of being higher than the operating grade of this project.  It is still undetermined whether the full width of right-of-way will be used for the width of the road.  At this time, there is no curb, gutter or sidewalk along that stretch of road.  It has been suggested to delay these improvements until such time that the remainder of the road or any other development occurs.  It is difficult to determine what to require of this project until we know what other developments will occur.  Mr. & Mrs. Loveless have agreed to put these improvements in at that time.  A stipulation can be placed on this property that would require that street improvements and curb, gutter and sidewalk  be delayed until such time that a more defined alignment and width of the road can be determined.  Such a stipulation can be completed through an agreement between the property owners and the City and recorded with the property deed.  This stipulation will remain with the property.  MOTION.  Councilmember Denison moved that the installation of the water and sewer improvements be guaranteed by a development agreement and in lieu of a financial guarantee, that this be controlled through the occupancy permit and through the bank submitting a letter acknowledging that the financing provided by them includes the cost of installing water and sewer improvements subject to approval by Mr. Sampinos.  The letter will further state that the money will be released to the contractor upon installation of the water and sewer improvements per City standards and upon inspection of same.  Further, that the street, curb, gutter and sidewalk improvements be delayed through an agreement between the City and the property owner and recorded with the property deed.  Motion seconded by Councilmember Wheeler and carried.




October 13, 2004


 9.        UTAH=S CHRISTMAS TOWN COMMITTEE - Contribution For Advertisement Approved


Vicky Miller, Utah=s Christmas Town Committee, requested a contribution to be used to advertise the annual Christmas Town events to be held in Helper City.  The advertisement will reflect Price City=s name.  MOTION.  Councilmember Wheeler moved that the contribution of $150 be approved for the advertisement and that the funds be taken out of the tourism account.  Motion seconded by Councilmember McEvoy and carried.


10.        MAIN STREET APARTMENTS - Economic Vitality Loan Fund


Nick Tatton reported that the Economic Vitality Loan Review Committee reviewed the request of Main Street Carpets for a loan.  The committee recommended approval for a $6,560.00 loan for 20 months at 6.5% interest per the terms and conditions set forth by the committee.  MOTION.  Councilmember Wheeler moved that the loan be approved as recommended and that staff be directed to prepare the necessary documents.  Motion seconded by Councilmember Denison and carried.


11.       LIBRARY HALLOWEEN PARTY - Hay Ride Approved


Councilmember Tatton reported that as part of the Halloween Party, the Library is requesting permission to sponsor a community hay ride on Thursday, October 28th from 5:00 p.m. to 6:30 p.m.  This event will be held at Washington Park.  There will be several other activities at the park, such as candy, balloons, relay race, etc.  MOTION.  Councilmember Tatton moved that the hay ride be approved.  Motion seconded by Councilmember Wheeler and carried.


12.        BOB FOSSAT CONSTRUCTION - Home Occupied Business Approved


Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the request of Bob Fossat to operate his construction business from his home located at 243 East 200 South.  MOTION.  Councilmember McEvoy moved that the business be approved upon the purchase of a business license.  Motion seconded by Councilmember Wheeler and carried.



Permits Approved


Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendation to the following request for Conditional Use permits.


Emery TelCom - 625 East 100 North - Facia Sign

Castle Valley Eyecare - 69 East Main - Change of Use

Helper Light Parade - A-Frame Signs


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


14.        AVIARY - Final Approval - Tabled


Councilmember McEvoy reported that the Planning and Zoning Commission tabled the final approval for an Aviary submitted by Eddie Horvath.


15.        NEW LAND DEVELOPMENT CODE - Favorable Approval by Planning and Zoning Commission


Councilmember McEvoy reported that the Planning and Zoning Commission gave a favorable recommendationl for the new Land Development Code drafted by Ken Young.  Mr. Young will present the new code for adoption at the City Council meeting scheduled for October 27, 2004.


CONSENT ITEMS - MOTION.  Councilmember Tatton  moved that Items #16 through  #21 be approved.  Motion seconded by Councilmember Wheeler and carried.


16.        MINUTES - September 22, 2004, October 7, 2004


17.        PRICE RIVER WATER IMPROVEMENT DISTRICT - Sale of Price City=s Interest In The Waste

Water Treatment Plant


October 13, 2004


18.        PACIFICORP ELECTRICAL FRANCHISE TAX - Permission To Request Additional Information


19.        KEVIN DROLC - Travel Approved - 2004 Utah Bioterrorism Conference, October 18-21, 2004, Park City, Utah


20.        WATER DEPLETION AND RECOVERY STUDY - Hansen, Allen & Luce, Inc. - Engineering Services Agreement Approved In Amount of $76,082.00


21.        CONCRETE REPLACEMENT ON STATE ROADS WITHIN CITY LIMITS - Utah Department of Transportation Agreement In Amount of $5,000.00


22.        INFLUENZA VACCINATIONS - Recommendation - Struck




Councilmember Wheeler presented information on the current amount of  water storage available in Scofield Reservoir.




Gary Sonntag reported that the committee appointed to review the bid received for the installation of the Ozone System at the swimming pool complex awarded the contract to C.E.M. Company, the only bidder.  As there were not any bids received to remove the old boiler from the pool complex, he enlisted the help of city staff for this project.  After the old boiler is removed,  C.E.M. can then move forward to install the new system.


MOTION.  Councilmember Denison moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene.  Motion seconded by Councilmember Wheeler and carried.


Meeting adjourned at 7:10 p.m.

Reconvened at 7:12 p.m.


Meeting adjourned at 7:15 p.m.







ATTEST:                                                           Joe L. Piccolo, Mayor





Joanne Lessar, City Recorder