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Home My Public Portal AboutMIN-CC-11-21-1972 to 09-04-197911 °1-,1- i out with both parties. Also, they be given the right-of-ways to run necessary water lines, seconded by Councilman Jacobs and carried. Councilman Hammer made a motion that the City install a -drink- ing fountain on the corner -of Main ana Center, seconded by Council- man West and carried. - Considerable discussion was had with planner Dale DeSpain con- cerning the city zoning ordinances. Councilman McDougald made a motion that Mr. DeSpain be authorized to bring all zoning ordin- ances up to date and make necessary changes to conform to state law for an approximate figure of $2,000.00 The application of the Moab Golf and Country Club for.a eon- 'tribution of $1,250.00, which is one half of the extimated revenue necessary to continue the Golf course until March 1973,,was discuss ed, in as much as the Grand County Commissioners agreed to pick up the other half of the deficit. Couneilman Hammer made a motion tha we cooperate with the County and the Golf course, and give them $1,250.00, seconded by Councilman West and carried. It was brought to the attention of the council.that Joe Severn had been with the City for six months and that it was customary to �adjust salaries after six months employment. Councilman Hawks made ma motion that Mr. Severns be paid $550.00 per month beginning Nov. Q 1, 1972, seconded by Councilman Hammer and carried. V V ' Councilman Hammer made a motion that the matter of the previous decision concerning an illegal carport for Wes Nelson on 2nd South Street be lifted from the table for new consideration, seeonded by Councilman West and carried. The former decision being lifted from the table was discussed and it appeared that probably some new information and better under- standing had been received. Councilman Hawks made a motion that the _former decision; to let the carport stand, be reclined and'Mr. Nelson notified that he must comply with the law, seconded by Counci man Hamner' and carried. Councilman McDougald made a motion that the bills be paid as presented, seeonded by Councilman Jacobs and carried. After some discussion on controlling wild purchasing, Council- man McDougald made a motion that any purchasing, outside regular channels, more than $10.00 be referred to the purchasing agent and/ or the City Council for approval, seconded by Councilman Hammer and carried. A demonstration of a Mobil street sweeper was presented during the day by Parker Equipment representative, George Smith. Mr. Smith was present and wanted to know if any of the Council had any quest- ions that they mould like to discuss. After some discussion, Mr.. Smith was thanked for his demonstration: ' Councilman Jacobs made a motion to adjourn at 12:15 a.m„ seconded by Councilman West and carried. Attesf:' /� �/ ��r� �� Winford Bun • --Mayor Leland Stocks --City Recorder November 21, 1972 The regular meeting of the Moab City Council was held on the above date in'the Council Chambers. Mayor Winford Bunce called the meeting to order at 7:00 p.m. with Councilman Jacobs, Hawks, and Hammer present. Councilman McDougald and West were absent; also present were City Attorney Ruggeri and City Recorder,'Leland Stocks. THe minutes of the regular meeting of November 9, 4_972 were rea and approved on motion by Councilman Hammer, -seconded by Councilman Hawks and carried. drinking tap at Main & Center Dale DeSpain authorized to update all zoning' ordinances $1,250.00 to be contributed to Golf Course Raise for Severns Mr. Nelson's carport Bills paid purchases must be approved street sweeper demonstration Regular, meeting minutes approved 2 appointments to board of adjust- ment & planning commission Mrs. Burr propert asks for right to have trailer Bills paid Adjournment regular meeting minutes approved budget for revenue sharing business license Town TV license Pay bills The mayor asked'that the following appointments bey.confirmed. A11 members serving for five year terms. Planning Commission: Term Expires: David W. Allen, Chairmen Jan. 1, 1978 Sam Taylor Jan.,1, 1975 Harold Gaither Jan. 1, 1974 Ellis R. Cook, Jr. Jan. 1; 1977 Don Knowles Jan.,1, 1976 guard of Adjustment: Ellis R. Cook, Jr. ay Tibbets . W. Oliver arley Johnson ay-Branscom Jan. Jan. Jan. Jan. Jan. 1;1978' 1, 1977 1, 1975 1, 1974 1, 1976 . The above appointments were confirmed on motion of Councilman ammer, seconded by Councilman Jacobs and carried. Harry E. Snow, 10ca1 attorney, representing Mrs: -Eliza Burr nd family asked for permission to remove an old house on property elonging to,Mrs. Burr and,replace it with a house trailer. The property is zoned R-3 which does not_allow house trailers less they will pass alt ui'iiform _building codes. Mr. Snow explained that an approved trailer court was just cross the street and that another one is join.i.ng the property on he north, that on the west is a house,_these people do notiobject o the trailer, on east is the Apache Motel. Mr. Snow was advised to get the spel+ifications on the trailer o see if it would meet building codes. The bills were ordered paid as presented on motion of Council - an Hawks, seconded by Councilman Jacobs and carried. Councilman Hammer made a motion to adjourn at 8:15 p.m., econded by Councilman Hawks and carried. t_test• and Stocks-- ity Recorder Winford B ce--Mayor December 5, 1972 The regular meeting of the Moab City Council was held on the .ove date in the Council' Chambers. Mayor Winford Bunce called the eeting to order at 7:00 p.m. with Councilmen Jacobs, West,'MeDoug- ld and Hawks present, Councilman Hammes : jived late. .Also present ere City Attorney Ruggeri and City Recorder Leland Stocks. , The minutes of the regular meeting of November 21, 1972 were ead. and approved on motion by Councilman Hawks, seconded by Council - an West and carried. Several projects were reviewed with a possibility of being laced in the budget for revenue sharing. A budget to be prepared d advertised for the hearing in January 1973. - The Mayor read a list of business licenses and asked for some hanges. After the changes are made the resolution will be pre- ared for adoption. A discussion was held on the licensing of Town TV. Councilman awks made a motion, seconded by Councilman West that Town TV be vited to meet -with the council and-diaciiss their licensing, otion carried. Councilman Hawks made a motion to pay the bills as presented, econded by Councilman Jacobs and carried. 3 . Councilman Hammer arrived accompanied by Royce Henningson. Mr. Henningson explained how radios would work in City owned equipment, presenting a savings in time and money to the City. He stated that this set-up would cost the City approximately $3,500.00. No action was taken. Councilman West made a motion to adjourn at 8:15 p.m., seconded by Councilman Jacobs and-earried. Attest: Le�Stocks--City Recorder December 19, 1972 e--Mayor The regular meeting of the Moab City Council was held on the above date in the Council Chambers. Mayor Winford Bunce called the meeting to order at 7:00 p.m., with Councilmen West„ Jacobs, McDougald and Hammer present, Councilman Hawks arrived late, also CrJ present were Recorder Leland Stocks and attorney Robert Ruggeri, Malso Engineer Keogh. L�1 U U The minutes of the regular meeting of December S, 1972 were read and approved on motion by Councilman West,. seconded Ly Councilman Jacobs and carried. The Mayor stated that the police Department would like to sponsor a team in local town basketball league, that each player will pay his own entrance fee, and asked if the City would pay the sponsors fee of $60.00 Councilman Jacobs made a motion that the City pay the sponsor fee of $60.00, seconded by Councilman West and carried. Councilman Hammer made a motion that we advertise for bids on a street sweeper, a conventional type and also a vacuum type, each bidder to present his own specifications and that we have a demon- stration prior to acceptance of any bid, seconded by Councilman Jacobs and carried. - Glen Richeson, representing the Recreation Board and Grand County School District asked if it would be premissible to move the fence around the little league baseball field back to the Rec board re- -curb. He stated that the Recreation Board and Grand County were quests movement going to rebuild the whole area, making four. baseball fields and of fence to two football fields and that the extra footage on eabh side would curbline be a great benefit to them. Radios in City vehicles adjournment regular meeting minutes approved Police basketbal! Street sweeper to be bidded on q Councilman Hawks made a motion that they be allowed to move the Fence hack, however, three,feet between the cu — --d the fence will be left for a sidewalk, seconded by Councilman Hammer and carried. - - Tom Wouster, representing Town TV, appeared and stated that he was here in answer to a letter he received from Mr. Ruggeri asking him to appear and discuss City License and Franchise for Town TV The Mayor stated that the licensing of Town TV had been under fire for several years and that the Council felt that they, Town TV, were not paying their fair share of licensing in Moab compared to other businesses in town, also to the amount they were paying in other towns for a similar privilege. Mr. Wouster made an offer to negotiate the franchise tax and extend the franchise for another ten year period. The matter was taken under advisement and another meeting would be arranged with Mr. Wouster about February, 1973. The Mayor presented a resolution approving the First Amend- atory Contract with HUD for funds to complete the HUD portion of the Visitors Center Park and asked its approval. Town TV license resolution for amendment with HUD 4 Resolution on Amendment to HUD contract Bills paid adjournment RESOLUTION APPROVING AND PROVIDING FOR EXECUTION OF PROPOSED FIRST AMENDATORY CONTRACT AMENDING CONTRACT FOR URBAN BEAUTIFICATION AND _ IMPROVEMENT PURPOSES BETWEEN - MOAB CITY AND THE UNTIED STATES OF AMERICA. WHEREAS, unter Title VII of the Housing Act.,of 1961, as amended, the United States of America (herein called the "Government") has tendered to the City of Moab (herein called the "Public Body") a proposed amendment of Contract for Urban,Beautification and Improvement Pur- poses No. D E N- 0 4 9 and, WHEREAS, the Public Body has given due consideration to such proposed amendatory contract: NOW, THEREFORE, BE IT RESOLVED BY THE City of name of govern - Moab of the public Body, as follows: ing body Sectional. The pending proposed Amendatory Contract, designated "First Amendatory Contract Amending Conctract for Grant for Urban Beautification and Improvement Under Title VII of the Housing Act of 1961, as Amended", is hereby approved in all respects. Section 2.. The Mayor of this local Public Body, in its behalf, is hereby authorized and directed to ex- ecute said proposed Amendatory Contract in three counter- parts, and the Recorder of this local Public Body is hereby authorized and directed to impress and attest the official seal of this local Public Body -on each such counterpart and to forward such counterparts as may be required to the Department of Housing and Urban Develop- ment, together with such certified copies of the proceed- ings and further documents relative to the approval. and execution of the Amendatory Contract as may be required by the Government. Section 3. This Resolution shall take effect immed- iately. Councilman Jacobs made a motion that the resolution be appro- ed and the Mayor authorized to sign the necessary papers, second- d by Councilman West and carried. The bills were presented and ordered paid on motion of Council - an Hammer and carried. Councilman Jacobs made a motion to adjourn at 8;25 p.m., econded by Councilman Hammer and carried. eland Stocks- ity Recorder Winfor Bunee-Mayor January 2, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. Due to the absence of Mayor-Bunce, Councilman Hawks acted as Mayor Pro-tem calling the meeting to order at 7:00 p.m. with Councilman Jacobs, Hammer and McDougald, also Recorder Leland'Stocks and Attorney Robert Ruggeri. - - The minutes of the regular meeting of Dee. 19, 1972 were read and approved on motion of Councilman Jacobs. seconded by Councilman Hammer and carried. Councilman Jacobs asked the Recorder to get prices on the cost of a snow plow to work on the front of a truck. 5 regular meeting Councilman Hawks Mayor Pro-tem minutes approved obtain prices of snow plow Councilman McDougald made a motion that the Council would Commissioners welcome the County Commissioners to use the Council Chambers to use Council for their County Commission meetings, seconded by Councilman Chambers. Hammer and carried. Councilman Jacobs made a motion to pay the bills as pay bills presented, seconded by Councilman Hammer and carried. Councilman Jacobs made a motion to adjourn at 7:55 p.m., adjournment Cn seconded by Councilman McDougald and carried. d" Winford B ce-Mayor Attest: 4Zif— Leland Stocks -City Recorder January 16, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. Present were Mayor Bunce and Councilman West, Jacobs, McDougald, Hawks and Harmer. Also present was City Recorder, Lee Stocks, Attorney Robert Ruggeri, and Engineer John Keogh. The minutes of the meeting on January 3, 1973 were read and approved on motion of Councilman Hawks, after correction. Minutes were seconded by Councilman McDougald and carried. . regular meeting minutes approved Mayor Bunce stated that the Third South bridge would be bids open on open for bid on the 28th.of February. bridge Councilman Jacobs made a motion that the City put $10,000 $10,000 Revenue a year and the County put $20,000 a year, starting with 1973, Sharing into of Revenue Sharing money into a trust fund for the Mi" ek tiist fund for bridge. Motion seconded by Councilman McDougald and carried. bridge Councilman McDougald made a motion that the City put $20,00u a year and the County put $40,00C,m,year from Revenue Sharing money into a fund for the rest home, if the bond issue passes. Seconded by Councilman Jacobs and carried. Councilman McDougald made a motion that this $20,000 only goes for ten years. Seconded by Councilman Hammer and carried. Bids on a street sweeper were opened: Atlas Equipment Co. Elgin model 375 white wing sweeper $11,882.00 Elgin model Pelican 111 sweeper 18,315.001 Elgin whirlwing sweeper 28,840.00 Foulger.Equipment Co. M-B cruiser 11 high speed sweeper 19,800.00 Parker Equipment Co, Mobil Sweeper model 1-TE-3 3 cu. yd. 17,335.00 Mobil Sweeper model 1-TE-4 4 cu. yd. 17,735.00 $20,000 Revenue Sharing fund rest home $20,000 for ten years bids open on street sweeper street sweeper bids buy Vac -All for $25,160.00 trucks blocking Rosetree Lane advertise new police car bills paid adjournment business license Western Road Machinery Mark 111 Vacu-sweep Rocky Mountain Machinery Wayne Model 993 sweep loader Wayne Model 1-945 sweeper Wayne sweeper Model 1-984 4 cu. yd. Vac -All Model E5-13 sweeper The Vac -All sweeper to be mounted on Ford truck C800, GVW 25,000 or International Truck Model 1910 Councilman West made a motion to buy the Vad-A11 from Rocky Mountain Machinery Co., for a price of $25,160.00, seconded,by Councilman Hammer and carried. Councilman Jacobs voted No. 31,006.00 13,889.00 15,429.00 11,851.00 25,160.00 8,699.36 11,000.00 Mr. Ellis Cook asked what could be done about trucks block- ing Rosetree Lane. Chief Dalton stated he had talked with the truck driver and told him he could not block the street, next time he would be issued a citation. Councilman McDougald moved that the City advertise for a new Police car. Motion seconded 441pouncilman Hammer and carried. Mayor and Councilman Jacobs t wspecifications ready. Councilman Hawks made a motion to adopt resolution on licens- ing, seconded by Councilman McDougald and carried. Hamner voted no. Councilman Jacobs made a motion to pay bills as presented, seconded by Councilman Hawks and carried. Councilman Jacobs made a motion to adjourn at 9:45 p.m., seconded by Councilman West and carried. MOAB CITY BUSINESS LICENSES JANUARY 1973 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF MOAB CITY, UTAH: 1. That the following shall be the amount of annual;lieense fee paid to Moab City, commencing each year on the first day of July, and ending each following year on, the thirtieth day of June, for the businesses, vocations or callings as set forth below and being located within the corporate limits of Moab City: $30.00.for each of the following: Accountant, Public Assayer Attorney Brokers, Real Estate Building and Loan Company Building Contractor Chiropodist Chiropractor Dentist Distributor of Advertising matter or signs Distributor and/or Service agency, Amusement Device Distributor and/or Service . agency, Vending maehines Drilling Contractor Electrical Contractor Amusement Device (pinball, etc.) Auctioneer Barber, First Chair Each additional chair Beauticians, First Chair Each additional chair BilliardrPool parlor, for each Bowling Alley Boxing or Wrestling contest Electric Sign Contractor Engineers Junk or Scrap Iron Dealer Landseapers 'Masseurs Morticians Optician Osteopath Painting Contractor Physicians and Surgeons Plumbing Contractor Roofing Contractor Sign Painter Small Loan Company Stook Broker Surveyor A11 other contractors, pro- fessionals, etc. table $10.00 75.00 15,00 10.00 15.00 10.00 18:88 25.00 Circus or Carnival 1st day 150.00 2nd day 100.00 each day thereafter 50.00 Dance Hall (Slab or portable) 50.00 Family dwelling rentals, per unit or apartment (must have 2 or more) 3.00 - Gasoline Service Station,per pump 5.00 Hydrocarbon Distributor 50.00 Motels, per unit when rented by month 3.00 Office building, per office ,3:00 Pawnbrokers 40.00 Peddlers and house -to -house 1st person (per day) 10.00 each other person (per day) . 5.00 Palmistry and Fortune Telling 40.00 Penny Arcade or Rifle Shoot 40.00 Photographers (if per day) per person 10.00 Rooming house, per room 3.00 Seamstress or Dressmaker 10.00 Stenographer, Public 20.00 Solicitor (see peddlers) Taxicabs, 1st taxi each additional taxi Trailer Courts, per space or 30per month Vending machine 25.00 10.00 3.00 5.00 M CN Retail business collecting sales tax. $10.00-good until -revoked, Ot plus ".% of Gross sales, payable quarterly. U �f� C.)ADAPTED AND APPROVED THIS/`DAY OF 24gL,19 SEAL Attest City Recorder Attest: Signed: and Stocks -City Recorder Mayor, Moab, Utah w Winford B ,ce Mayo February 6, 1973 The regular meeting of the Moab City Council was held oil " regular meeting the above date in the Council Chambers. The meeting was called to order by Mayor Pro-tem W. D. McDougald, acting in the absence pf Mayor Dunce, at 7:00 p.m. with Councilman West, Jacobs, Hammer and Hawks present, also City Recorder Leland Stocks and City Attorney Robert Ruggeri. The minutes of the regular meeting Jan.l6th were read and approved on motion of Councilman West seconded by Councilman Jacobs and earried. business license Bids were opend for the purchase of new car for the Police: Peterson Ford 3485.66 Gaither Pontiac 2511.60 Bids were turned over to Councilman Jacobs and Hawks to investigate and purchase the best car -for the City. minutes approved bids for police car Mr. Harold Hutton presented a petition signed by approx. 300 citizens concerning the operation of the Moab Town TV. presented petition -PETITION - `Petition TV problem tabled Ford accepted for sweeper pay bills Visitor Center insurance adjournment regular meeting minutes approved Lloyd Moore bill We, the undersigned, residents of Grand County, State of Utah, City of Moab, and customers of Town Television deem the television service being rendered to the people of this community to be inferior and substandard and not -commensurate with fees being charged and.solicit and petition the City of Moab to use its influ- ence and power as the franchise issuer to require Town TeleVision to furnish its customers residing within the City of Moab with adequate and.proper television service. Tom Worster of Moab'Town.TV stated that the Company has been rebuilding lines, installing new type cable and that during this time there was some interruptions in the service, however this rebuilding was completed\and it was a matter of time to get the problems ironed out. He also stated that they had'experienced some difficulty with the micro wave system. - Paul Hopkins, of Midland Telephone Co., stated that they had worked on the micro wave as soon as possible to clear up any ' problems. Mr. Worster was asked how long these problems were going to last? He stated that they should be cleared up within one month. Councilman Hammer made a motion that the Moab Town TV petition and problem be tabled for one month, seconded by Couneilman West and carried. Connie Caquette, salesman for Peterson Ford, complained about the City purchasing a -knock for the iiew,•,sweeper from a dealer out of town. The Council explained to Mr. Caouette that the City did not purchase as such a truck from a dealer out of town, but accepted a bid for a sweeper that gave the City an option of a Ford truck or an International truck chassis, the Council decided to accept the Ford. Councilman Hawks made a motion to pay,the bills as presented, seconded by Councilman Hammer and carried. Councilman Hammer made a motion to place $25,000.00 insurance on the Visitor Center Building, seconded by Councilman Hawks and carried. Councilman West made a motion to adjourn at 9:40 p.m., seconded by Councilman Hammer and carried. Winfo d Bunce-Mayor. Attest: eland Stocks -City Reccrder, February 20, 1973 The regular meeting of the Moab City Council was held,on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Dunce at 7:00 p.m., with Councilman West, Jacobs, McDougald and Hawks, Councilman Hammer,arrived late, also City Recorder Leland Stocks and City Attorney Robert Ruggeri. The,minutes of the; meeting February, 6,,1973 were read and approved after suggested corrections on notion by Councilman�Hawks, seconded by Councilman Jacobs and carried. - The Mayor presented.a bill,for some concrete used by Lloyd Moore in moving his,drivewa_y.,,Couneilman West.made a motion that we deny the bill, seconded by Councilman Hammer and carriedd, 9 co coTr U U • The -Mayor stated that we had two men on the streets dept., that had been with the City over the six month period and should be considered for their advance in wages as per procedures after six months. Councilman West made a motion that Short•and Scharf be given their raise from $500.00 per month to $550.00 per month, seconded by Councilman Hawks and carried. - Councilman Hammer read a resolution opposing the Frontier Airlines application to discontinue air service at Canyonlands Field serving Moab. Councilman Hammer made a motion that the resolution be approved and mailed to our congressman and other agencies deal- ing with the problems of aviation, seconded by Councilman McDougald and carried. Councilman Jacobs and Hawks reported that they had studied all bids and offers from the automobile dealers to sell the City and automobile for the Police Department and they had decided that the offer of Gaither Pontiac to deliver a Catalina Pontiac for $3416.90, Inc 80 amp alternation, was the best buy and had authorized Gaither to place an order for it. The Mayor stated that he had received a letter from the Adjustment Bureau stating that the City did not have coverage for water loss in our insurance policy. Considerable discuss- ion followed on how to proceed to repair the water loss at the -Visitor Center. The Mayor was to contact Groneman Construction concerning their reponsibility, due to the -fact that the wiring had never been completed arTd"they would prbbably have some responsibility. --Councilman West made a motion'to pay the bills as presented, seconded by Coundilman Hammer and carried. ' County Commissioners Newell and Holyoak attending the meet- ing asked if the City was going to help move the fence etc., around the little league ball field, which they are rebuilding at a cost of $40,000.00. The Mayor asked if they would consider them taking the fence down and putting it back up, the City would construct a four foot sidewalk on the three sides of'th'e' lot and reset the trees. The Commissioners decided this was a fair proposition. Councilman McDougald made a motion' that, the,' City'advertize for a contractor to construct the sidewalk around the field, seconded by Councilman Hawks and carried. Councilman West made a motion to adjourn at 8:40 p.m., seconded by Councilman McDougald and carried. Attest: AlOP ^ dof Leland Stocks -City Recorder March 6, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called -to order -by Mayor Winford Bunce at 7:00-p.m., with'Councilman West, Jacobsi-McDougaldi Hawks and Hammer, also City Recorder Leland Stocks, City Attorney Robert Ruggeri and City Engineer John Keogh. and man The minutes of the meeting of February 20, 1973 were read approved on motion by Councilman West, seconded by Council - Jacobs and carried. Wage increase Frontier opposed Resolution approved -mailed Police car from Gaither Water loss not covered. Groneman to be contacted Pay bills Move fence Construct walks Advertize for Contractor adjournment Regular meeting Minutes approved City Recorder Leland Stocks reported that he had checked Cost -Over head doors 10 into the cost of over head doors at the shop, estimated cost not installed $ 620.00 Motion for resolution Resolution for officers (Police) Sidewalk bids Awarded to John Brown Landscaping bid Councilman Jacobs made a motion that we advertize for bids for the doors, seconded by Councilman West and carried. As a matter of permanent policy for the City of Moab_ concerning the training of Police Officers the following resolution was read and adopted on motion of Councilman McDougald, seconded by Councilman Hawks and carried. -RESOLUTION- WHEREAS, It has come to the attention of City of Moab sponsoring organizatio that some cities, counties, or other bodies politic, have paid the , expenses for instruction given to certain law enforcement officers and upon completion of their training, some such officers have immediately left the employ Of the city, county, or body politic, to work for some other organization and thereby cause a financial loss to result to the paying entity: NOW, THEREFORE, BE IT RESOLVED BY City of Moab sponsoring organization that each law enforcement officer attending such training shall be required, by agreement, to remain in the employ of City sponsoring of Moab for one full year after the eompletion of organization said training or pay the agreed consideration paid by City of Moab sponsoring organization for -his training. BE IT FURTHER RESOLVED BY City of' Moab that the personnel officer in charge of determining who should be trained is hereby instructed to have each participant sign an appropriate agreement to complete the intent of this resolution. Passed by Moab'City Council this day of Mapch Signed: ,19 73 Signed: Recorder Lloyd Lowry John Brown -BID OPENINGS- 6th Sidewalk at Recreation Field 959, per sq. ft. 69.15 per sq. ft., bid read $56.00per yd. John Brown was awarded, the sidewalk bid on motion of Council- man Hawks, seconded by Councilman Hammer and carried. Landscaping at Visitor Center Earth Designs Inc. total bid $22973.25 The Mayor objected to the bid on the grounds that the.bid should have been a unit price bid and no unit prices were shown. Councilman Hammer made a motion to take the bid under Motion for specia. advisement and meet Wednesday (next day) at noon at the Sun- meeting downer for lunch and consider the bids. Bidders to show break down for unit price at that time, seconded by Councilman Hawks and carried. The proposed budget for Revenue Sharing was read and opened for discussion. Several persons representing the Drug Advisory Board was present and ask that they be considered for expenses to operate their center. After considerable discussion the following budget was adopted on motion by Councilman McDougald, seconded by Council- Budget man West and carried. Request expenses Sweeper Pollee Car Resuscitator Planning Sidewalk (rec field) Visitor Center (landscaping) S. E. Park (rest rooms) Seal Coating Streets Drug Advisory Total Councilman West stated that town was getting worn out and we about purchasing some new ones. 35000.00 3500.00 750.00 2500.00 4500.00 25000.00 3000.00 20000.00 1000.00 94250.00 S� 577 some garbage cans around should check with JLppliers The Recorder was instructed to check water meters at Little League Field, check with Leon Stocks about shooting dogs, and send letter to Moab Irrigation Company concerning locks on their water box at Southeast School. Councilman Hammer made a motion to pay the bills as presented, seconded by Councilman Jacobs and carried. Councilman Jacobs made a motion to adjourn at 9:55 p.m., seconded by Councilman Hawks and carried. Winford B % e- ayor Attest; Leland StockV--//7—ef—C% s-Recorder March 7, 1973 This Special Meeting was called to order by Mayor Winford Bunce at 12:30 p.m., at the Sundowner Cafe with Councilman West, Jacobs, McDougald, Hawks and. Hammer, also Dale Horne represent - Earth Designs Ine., and his counsel. This meeting was to consider the bid of Earth Designs Inc., Consider bid to landscape the Visitor Center Park. They stated that they `had broken their bid down to a unit price as they stated they Would at the regular meeting of March 6. After discussion Councilman Hawks made a motion that the bid of Earth Designs Inc., be,accepted,,seconded by Councilman Hammer and carried. Revenue Sharing; Garbage cans needed Pay bills Adjournment Councilman West made a motion that we adjourn.t 1:15 p.m. seconded by ,Councilman MdDougald ..s carried. Attest: 0/1/4 L toRecorder ayor Special meeting Bid awarded Earth Designs Adjournment 12 March 20, 1973 Regular meeting Minutes approved Greens fees Overhead doors Contract to Green & Green Hazel Dunn Bill Notify plumbers Planning Commissio to rezone ,Public hearing 'Request for property seeondary bridge The•regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 7:00 p.m., with Councilman West, Jacobs, McDougald, Hawks, also City Recorder Leland Stocks and City Engineer John Keogh, absent Councilman Richard Hammer. The minutes of the meeting of March 6, and March 7, were read and approved on motion by Councilman Jacobs, seconded by Councilman Hawks and carried. Glenn Bunce, member of the Board of Directors of the Moab Country'Club, presented the new greens fees for' the Golf Course as approved by the Board of Directors, and asked the approval of the City Council. Councilman Hawks made a motion that the City concur in the new fee schedule as presented, seconded by Councilman West and carried. , • The Mayor read quotations on overhead doors from the following: Martin Overhead•Doors, Salt Lake City, Utah • 2-12'2" x 13'3"-Gav steel section doors primed white twd•e'oats outside -one coat inside W $307.20 $614.40 Reverse angle mount for tracks to steel jams C $26.00 52.00 2-1C14 Commercial Genie Door Openers H 190.40 380.80 1047.20 Green & Green Construction, Grand Junction, Colorado 2-24 Ga Steel doors (12'2" x 13'8'.) white w/2' traek and hardware angle mount. 2-RK3 trolley type electric operators 1/3 hp motor 110 Volt, F. 0. B. Moab $938.00 Offer #2: -- Same as 41 except 20 Ga steel 1026.00 Offer 43: • Same as above except door sections are fiberglass and aluminum 1217,.00 The contract was awarded to Green & Green for 2 doors as specified on motion by Councilman Hawks, seconded by Councilman West and carried. Mrs. Hazel Dunn presented a bill from Ed's Plumbing for cleaning a sewer line which she claimed belonged to the City, No action was taken pending an investigation by Superintendent of Sewer and Water. Councilman Hawks made a motion that we notify all plumbers+. that before they do any work on the City sewer -line and/or water lines they contact the Superintendent of Water & Sewer or some other official in authority, seconded -by Councilman Jacobs'land carried. A petition was presented by the Planning Commission to approve a rezoning from R3 to C2 all tha, u..,_a west from the present_C2 zone in blocks S and 6, and bounded on the North by 1st South• Street and on the West and South by Pack Creek. Councilman West_made a motion that the area be approved for public hearing on April 3, 1973 at'7:30 p.m.,'seconded'by Conlncil- man McDougald and carried. •' • The Mayor stated that Jehovahs Witnessess would like to pur- chase the triangle property on the north side of Locust Lane and east of 4th East, which was created by the changingrof 4th East. They offered the total amount of assessment charged against the property.i Councilman Hawks made a motion that the City sell the property to Jehovahs Witnessess for the total sum"and allow them to pay`it,off by the'year, seconded by Councilman Jacobs and carried. - .The Mayor explained that due to 3rd South being a secondary road and would be closed during eonstruction of the new bridge :: across Millcreek at 1st East, we are required to designate an alternate street for 3rd South during construction. Councilman 13 Jacobs made a motion that 1st South be declared an alternate for 3rd South during time of bridge construction, seconded by Councilman West and carried. n„ kgo€ e 91$ C3 P If E3 Y 1BWIAB -it will be necessary that we have someone live at the property to act as custodian. Councilman West made a motion that Frank Woodruff be employed to -live at the property and act as custod- ian for a salary of $75.00 per month plus he will be furnished his Water, parking place and eleetrio bill. He will be expected to water, cut the grass and maintain the park in good condition, seconded by Councilman Hawks and carried. The Mayor stated he would like to raise City employee wages $25.00 per month effective April 1, instead of July 1. He stated.that the funds are running about 2'% under the budget -and -the increase in-saZaries would not be over about 2N, alga the end of June and the first of July were very busy times and by changing the salary scf'iedul.a IA Apv,i1 it Would relieve the rush of extra work at this time. Councilman ' Jacobs made a motion that the City Employees be given a $25.00 per month increase in salary effective April 1, seconded by �ouneilman Hawks and carried_ councilman Jacoba C7 presented, seconded by da Councilman Jacobs seconded by Councilman Attest: Lc and Stvcho7Ruourder made a motion to pay the bills as Councilman Hawks and carried. made a motion to adjourn at 8;20 p.m., West and carried. Winford Bce-Mayor April 3, 1973 The regular meeting of the Moab City Council was held on the ahove date in the Council Chamhers. The meeting was Cralied to ardor by Mayor » infard Runoe at 7r00 pm with. minim West, Jacobs, MCBaagal�, Hawks ana Hammer present, also City Recorder Leland Stocks and Engineer John Keogh. The minutes of.the meeting of March 20, were read and approved on a motion by Councilman Jacobs, seconded by Council- man West and carried. There being no opposition to the zone cha::s.. -n blocks S and 6 from R-3 to C-2, the change was approved on motion by Councilman, MCDoueald. Seconded by Councilman Hawks and carried. T$8 11jrs E1 t It gs IVIm ULIK twrigag this gSWAS41,t1 -mss e4iiii ihim and ether Iniireate( egenulca to 'Homan dna possib/y look for a location for a cut and fill garbage disposal. Meeting place was at the BLM Office at 9:00 a.m., April 5. Bids were opened for the purchase of 10 trash receptacles to 'place around town. Moab Lumber $ 82.68 each Mesa Sanitary 103_50 ouch The bid for 10 trash receptacles were awarded to Moab Lumber company on motion by Councilman West, seconded by Councilman fammer and carried, - Zee stoeus, Supnrintandnt bf Water and 96Wsr,-K215brt6d that he had talked with Troy Blacklabout therseWdr line stoppage at the residence of Hazel,Dunn. Be stated that Mr,, Black cleaned line belonging'to Mrs. Dunn and never reached the city line. After discussion it was decided to return the bill to Mrs. Dunn. Park $25.00 raise Pay bilis Adjournment Regular meeting Minutes approved Zone changed approved Bids for trash receptacles Moab Lumber awarded_ b td _ Pins. DunnTs bill denied 1 4- Reimburse Dr. Munsey Pay bills Adjournment Regular meeting Minutes approved Cafes graded Cut & fill meetin Apache petition beer license Bids for trees Forest Hills awarded bid .Rent on Apache 'sign-$1.00 Sign Locations Councilman Hawks made a motion that the City reimburse Dr. Jay Munsey $10.00 for damage to his carpet which he claims was caused by a stoppage in the city sewer line, seconded by Council- man West and carried. Councilman Hammer made a motion to pay the bills as presented, seconded -by Councilman Hawks and carried. Councilman Hammer made a motion{to adjourn at 8:00 p.m., seconded by Councilman McDougald and carried. Winfordj:unce-Mayor Attest: //j/e% Leland Stocks -Recorder April 17, 1973 The regular meeting'of the Moab City Cour_oil was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 7:00 p.m., with Councilmen West, Jacobs, McDougall present, arriving late was Councilman Hammer and Hawks,'also present Recorder Leland Stocks and Attorney Ruggeri. The minutes of the meeting of April 3, were read and approved on a motion by Councilman West, seconded by Councilman Jadobs and carried. Gary Preston, Sanitation Engineer, representing the South East Utah Health Organization, stated the Four County Committee was going to grade all cafes in the area and post cards in their windows. This would let the public know the standard of cafe they were about to enter and would°keep the owners more alert to the conditions. The Mayor read a letter from Dale Holmes, San Juan County Commissioner, stated that'a follow up meeting of the one held in Moab on April'S; concerning the cut and fill study for the two counties was going to be held in Monticello on April 26, at 9:00 a.m. Councilman Jacobs stated that he would try to attend. The Mayor stated that the League of Cities Officials would be here April 24, to discuss any problems we may have and to discuss the new laws passed by the recent Legislature. A petition was presented for a class 11 beer license for the Apache Cafe to be operated by Ninta J. Harris. The license Was, approved on motion by Councilman West, seconded by Councilman McDougald and carried. forest, Hi11S Nursery, Salt Lake City Porter -Walton Co., Salt Lake City Grand Junction Nurseries, Grand Junction A11 bids were F.O.B. nursery. The bid was'awarded to Forest Hills Nursery on lotion by Councilman McDougald, seconded by Councilman Hammer and car.:.ed. r Jerry Bonzer, operator of'the Apache Motel, stated *hat his directional sign located on the corner of'lst South"and main seemed to be loeated on property owned by'the'City. He would'like to make a deal with the City to leave the sign at its present location. After discussion, Counilman Hammer made, amotion to let the Apache Sign remain at the present'location for $1:00 per year, seconded by Couneilman McDougal'd and carried. Craig Guston stated that in -his opinion the Yield Signs were not properly located and most of them should be`Stop•Signs. He Bids to furnish trees and shubbery were opened as,fo11ows: $ 922.10 955.75 1549.70 A CD was informed that the signs had been used as recommended by the State Traffic Engineer, however they would be investigated to see if possibly they were not correct. G. H. Newell and Mrs. Newell stated that they were still Motor Bikes having troubles with the motor bike operators running all over nuisance their property and other property in the area, creating a nuisance. After considerable discussion, Mr. -Newell was.inform- ed that the Police would be notified to take pictures of these bike operators and to cooperate.in getting this problem stopped. Mr. Newell stated, that the properties would be posted "No Trespassing", and that they would sign complaints against violators. 15 Bids were opened for curb and paving at the Visitor Center, Bids on curb & this is a Revenue Sharing Project. paving Lloyd Lowery, Curb only Flat work Clarence Engstrom, paving only, base and topping Base Paving. approx 10,500 sq. 2.60 per lineal foot 1.10 .07 sq. ft. .38(sq. ft. ft. Councilman West made a motion that curbing be awarded to Lloyd Lowry and that the paving be awarded to Clarence Engstrom, seconded by Councilman Hawks and carried. Councilman Hawks made a motion to pay bills as presented, seconded by Councilman Japobs_and carried. Council Jacobs made a motion to adjourn at 9:50 p.m., seconded by Councilman West and carried: Winford B f ce-Mayor, Attest: • fq7',Z°Z Leland Stocks -Recorder May 1, 1973 The regular meeting of the Moab City Council was held_on the above date in the Council Chambers. The meeting was called t4 QrUer t?y mayor WintQrd Dunce at 7:90 p.m., with Councilmen West, Jacobs, McDougald and Hawkh present, Councilman Hanover arrived late, also Recorder Leland Stocks and ^ "-, Attorney Ruggeri. - I The minutes of the meeting of April 17, 1973 were read and approved on motion by Councilman West, seconded by Councilman Jacobs and carried. Jim Winbourn stated, that he owned the lot on the corner of 1st South and Main next to Milloreek and'that the City had_ allowed the Apache Motel to place a directional sign on the corner by his property and that this sign had beenaa deterrent to the sale of his property and that it should be removed. Jerry Bonzor, Operator of the Apache Motel, stated, that he certainly needed the sign to alert travelers to the fact that amotel was located considerable distance off Main Street. 'However, he did not want to place a burden on anyone else nor interfere -with the sale or use of another persons property. After -considerable discussion Councilman McDougald made a motion that 'EThe City Aitorne 7 draw an agreement between the City and the Apache Motel that the sign be allowed to stay, at 1 the present location until such time as the property is ready for_developement. That once it 3s determined by the developer that the sign is a determent to the developement and -business use of said corner the City of Moab will notify the Operator of the Apache Motel and he will have ninety days in which to Bids awarded Lowry & Engstrom pay bills adjournment regular meeting minutes approved Apache Sign on Winbourn property 16 remove the sign. Seconded by Councilman Hammer and carried. Bennett request £or car port complaints against motor bikes in Mt. View. bids on lawn mower request kind of motor pay bills adjournment regular meeting minutes approved Howard Bennett requested permission to construct an open car port within three feet from his property line. He was referred to the Building Inspector for an application to apply to the Board of Adjustment for a variance from the ordinance. - Mrs. Hetzel, Mrs. Barton and Mr.. Bates complained about the noise created by the running of motor bikes around Mountain View Sub-Division'and surrounding area. They were assured. that the City Police would help in controlling the noise. The City would close the ends of Birch Avenue and Aspen Avenue where they should dead end on the south side of the sub -division. Dale Horne, President of Earth Designs, Inc., stated, that the landscaping at the Visitor Center Park was progressing satisfactory. He also presented a statement for work completed to date. Following bids were opened park. Naylor Equipment Company 48" eut, 10 HP 48" cut, 12 HP Turf Equipment Company 50rt cut, 12 HP. Boyd Martin Company Tractor 10 HP Tractor 12 HP. Tractor 12 HP Tractor 14 HP plus 50" mower attachement extra Valley Home & Auto Tractor 1 Model 143-760, 101MP Tractor 2 - Model 143-960, 16 HP Tractor 3 Model 143-990, 16 HP 42" rotary mower to purchase a lawn mower for the 1392.00 Model 109 Cub Cadet Tractor 1485.00 Model 129 Cub Cadet Tractor 1200.00 Toro Trojan 11 936.,'5 Gear Jacobson GT 1011.75 Gear Jacobson GT 1261.75 Jacobson Hydro 1311.75 Jacobson Hydro 196.00 899.95 1295.95 less 100.00 1550.00 less 100.00 215.00 The kind of motor on the tractor was not stated can most instances, therefore Councilman Hammer made a motion that we request kind of motor attached, seconded by Councilman McDougald and carried. Councilman McDougald made a motion that the bills as presented be paid, seconded by Councilman Jacobs and carried: Councilman Hawks made a motion to adjourn at 10:00 p.m., seconded by Councilman West and carried. (/// AD Winford B Attest: eland Stocks -Recorder May 15, 1973 The regular meeting of,the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford-Bunce at 8:00 p.m., with Councilmen Jacobs, McDougald, Hawks and -Hammer present, Councilman West was absent. Also=present City•A-Etorney Ruggeri. The minutes of May 1, 1973 were read and approved on motion by Councilman Jacobs, seconded by Councilman Hawks and carried. 17 d4 M presented, seconded by Councilman Hawks and carried. Councilman Jacobs made a motion to adjourn at 9:05 seconded by Councilman Hawks and carried. A A Winford Buf e-Mayor Attest: Leland Stooks -Recorder June 6, 1973 After considerable discussion on motors, etc., on the new lawn mower which has been offered by various bidders Councilman Hawks made a motion that we purehse the Jacobsen GT 12 hp„ gear for the sum of $1207.75 complete, seconded by Councilman Jacobs and carried. The Mayor presented the prepared agreement between the City of Moab and the Apache Motel covering the lease on the location of the large sign at the corner of 1st South and Main. Councilman Hammer made a Motion the City accept the agreement as prepared and authorized the Mayor to execute the same, seconded by Councilman McDougald and carried. The Mayor stated that the County Commissioners were -reappointing the Mosquito Board and that under the law the City of Moab was to be allowed one member on that board and recommended that R. J. Miller Sr., be appointed. Councilman Hawks made-armotion that Mr. Miller be appointed for the term as defined by law, seconded by Councilman Jacobs and carried. The Mayor stated that Dale DeSpain, Planner, would be here Monday, May 21, at 5:30 p.m., to meet with the City Council, Planning Commission and Board of Adjustment to discuss the correct procedures for all .boards. He will deliver all the proposed changes in the Zoning Ordinances. Councilman McDougald made a motion to pay the bills as p.m., The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Dunce at 8:00 p.m., with Councilmen Jacobs, Hawks. and Hamner present. Also Recorder Leland Stocks and Attorney Ruggeri. The minutes of May 15, 1973 were read and approved on motion of Councilman Jacobs, seconded by Counel]man Hammer and carried. County Commissioner, Dan Holyoak, stated that the County I..i failed to budget enough to construct the "Little League Ball Field" as they had planned, and would like the City to help them out at this time. He requested $1500.00. Council- -man Hammer made•a motion that the City contribute to the County the•$1500.00 as requested, seconded by Councilman Jacobs and carried. Mr. & Mrs. Keith Holyoak asked if they could have their building permit reinstated as it had expired. They purchased the permit about two years ago, and were unable at that time to use it. Councilman Hammer made a motion that Mr. Holyoak be allowed to have a reissue on that permit, seconded by Councilman Jacobs and carried. - The Mayor presented an application for type ill•Beer License for Mrs. Avery at the Canyonlands Campark on South Main. Councilman Hammer made a motion that the license be granted to Mrs. Avery-, seconded by Councilman Hawks -and carried. purchase lawn mower agreement with Apache Miller on mosquito board DeSpain discuss procedures pay bills adjournment regular meeting minutes approved $1500.00 for Little League Holyoak permit renewed Avery Beer License approved 18 hungover funds rebuild archery range Mansanares trailer to move City watchman discontinued budget fiscal 1974 pay bills adjournment regular meeting delayed postponed regular meeting minutes approved bids for rest rooms John Brown Const. awarded contract The Mayor stated that during the construction of the Streets Program a couple of years ago, and the construction of the Golf Course, there was some hangover in funds that had not been budgeted out and would like'permission to have E. J. Claus, otir Accountant, take care of these balances. Councilman Hawks stated that the Archery Club would like to rebuild their range near the Colf_Course. After discussion, Council- man Hawks made a motion that the,Archery Club be,all,owed to construct their range; however, they were ,not to install any outside toilets, and the grounds were to be kept clean, seconded by Councilman Hammer and carried. Councilman Hammer raised the question of Mr. Manzanares moving a house trailer onto his lot located at 1st West and Walnut Lane. The Mayor informed Councilman Hammer that Mr. Manzanares was living in the trailer during reconstruction of his house at the same, location for a period of about`three months arid then the trailer would be removed. Councilman Hammer stated that inasmuch as we now have the City Yard completely fenced in his opinion it was not necessary to have a watchmanliving on the premises and would like to make a motion that this service be discontinued, seconded by Councilman Jacobs and carried. The Mayor presented a temporary budget for fiscal 1974 for council study until next meeting for possible revision before the public hearing to be held June 28, 1973. Councilman Hawks made a motion to pay the bills as presented, seconded by Councilman Hammer and carried. Councilman,Jacobs made a motion to adjourn at 9:55 p.m., seconded by Councilman Hawks and carried. Attest: :O/f27( Le and Stooks -Recorder Winford B ice -Mayor June 19, 1973 The regular meeting to be called on this date`was delayed until June 20, due to the absence of Councilmen McDougald,Hawks and Hammer. June 20, 1973 The postponed regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 8:00 p.m.,,with Council- men West, Jacobs,,MoDougald, Hawks and Hammer present. Also present Recorder Leland Stocks, Attorney Ruggeri,'and,Enginegr Keogh. The minutes of June 6, 1973_were read and approved on motion of Councilman Hawks, seconded by Councilman West and earrie¢. The following bids were opened for the construction{ of'rest rooms at the Visitor`Center Park. A. L: Berna.Conatowtion Co. s4=„James Foy Construction Co. - JohniBrown Construction Co. The contract -was awarded to John Brown of Councilman Hawks, seconded by Councilman - 10,872.00 _ 11, 399,, 07 9,839,4p Construction on motion West and carried. 19 Councilman Jacobs raised the question on location of the rest rooms, stating that they could be offensive to people living -in the area and would like all Councilmen to visit the area prior to location. It was decided to meet at the location Thursday morning at 10:00 a.m. Mary Williams, Chairman Grand County Travel Council, presented_a budget for•the furnishings for the Visitor Center Building and asked if the City would consider purchasing the necessary furnishings. The cost for all the furnishings would be approximately $8,335.50, which included projection equipment in the amount of approximately $1,500.00. No action was taken but will be considered at the budget hearing of June 28. The Mayor stated that to get 3 phase power to the pump _ at the Old City Park, it is necessary to advance the Utah - Power & Light Company $1,308.00. Councilman McDougald made a motion seconded by Councilman Hammer that an advance be made to Utah Power & Light Company, carried. Councilman McDougald made a motion that the City Employees install the new doors at the City Shops, seconded by Councilman Hammer and carried. CO Mbe paid, seconded by Councilman West and carried. Councilman Jacobs made a motion to adjourn at 9:30 p.m., seconded by Councilman McDougald and carried. Winford B j e-Mayo Councilman Jacobs made a motion that the bills as presented Attest: LeLand Stocks -Recorder • June 28, 1973 The Budget Hearing was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 8:00 p.m., with Councilmen Jacobs, McDougald, West, Hawks, and Hammer present. Mary Williams, Chairman of Grand County Travel Council, presented Mr. Bob Baker, representing Sight & Sound, a projection company selling tri-media projection. - The eost of the tri-media is approximately $2500.00. Mrs. Williams asked if the City would include in their budget this amount. It was explained to Mrs. Williams that the City has already included $5000.00 to purchase furniture, and that it seems appropriate that the County, and probably the Travel Council, should purchase the tri-media. Also, that if'this was acceptable, the City would advance the Travel Council $1250.00 which they could repay to the City, with no interest, over a two year period of time. Councilman McDougald made a motion that the City leave in the Revenue Sharing Budget $5000.00 for immediate purchase of furniture and fixtures for the office at the Visitor Park, seconded by Councilman Hammer and carried. The budget was approved with minor changes on motion of Councilman McDougald, seconded by Couneilman West and carried. Councilman Hammer mentioned that in his opinion from what he has been told that the trailer located on the Bill Manzanares lot by his son Arthur was placed there under false pretenses. He suggested that the Mayor investigate this,.and if this is investigate rest room area Mary Williams budget $1308.00 approved Utah Power City Employees to install doors pay bills adjournment budget hearing Bob Baker attends' Travel Council loaned $1250.00 $5000.00 budget park furniture budget approved Mayor investigate Manzanares trailer 20 adjournment regular meeting` minutes approved City Crew install shop doors request bids on cooler for shop Palmer property cleaned or action Hanks Billiards stacking bottles bid on well no. 7 Johnson Pump co. awarded bid well 4-B to be completed request new price phone line to well Leland Stooks resigned true, -the trailer is to be -moved. Councilman Hawks made a motion to adjourn at 10:15 p.m., seconded by Councilman Jacobs and carried. LeLand Stocks- ecorder infordj:unce=Mayor July 3, 1973 The regular meeting5of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 8:00 p.m., with Councilmen West, Jacobs, McDougald, Hawks and Hammer present., The minutes of the regular meeting of June 19, 1973 'and budget meeting of June 28, 1973 were read and approved on motion of Councilman Hammer, seconded by Councilman Jacobs and carried. The installation of the doors on the shop was discussed. It appears that the City crews will not have time to do the install- ation at this time and probably not until fall. It was decided to -wait for the crews to do the installation rather hire someone at this time. Councilman Hammer mentioned that it was terribly hot in the shop and it was undesirable to work there. After discussion on some type of cooling, Councilman Hammer made a motion that we send out bids for a swamp cooler in the 10,000 to 12,500 size, seconded by Councilman West and carried. Councilman Jacobs stated that he had been approached on getting the Lyle Palmer lot in Palisades Sub -Div., cleaned up. The Mayor explained that this lot was in the hands of Cecil Shaffer, Sanitarian for the City. and that he has been talking with Mr. Palmer about cleaning this lot to meet R-3 regulations. The Council agreed that this, should be cleaned,up and if Mr. Shaffer could not -get Mr. Palmer to do the job he is to take the problem to the City Attorney for legal action. ,Councilman Hawks stated,that as he hae,passed Hanks Billiards and has noticed5all the boxes of empty,hottles stacl1ed on the north side of his building.. This,is unsightly and must, be stopped. The Mayor explained that he has talked w_LL.. Mr. Johnston about this problejn and he has agreed to correct it. Bids were presented on a pump for well no. 7, the only W.d received was from Johnson Pump Company. Councilman Hawks made a motion that the. bid from Johnson Pump be accepted and rushed to completion, seconded by Councilman McDougald and carried. Councilman McDougald made a motion that well 4-B also be completed as soon as possible with the rebuilt variable speed pump that the City now owns, seconded by,Couneilman Hammer and carried. The Mayor explained that he has asked The Midland Telephone Company to give us a new price on running,,a telephone, line, from the water tank to one of_the wells to control the water,.in the tanks and eliminate men going to the wells at least twice each day to turn the pomp on or off. The Mayor stated that Leland'Stooks has resigned his position with the City and is5leaving,Ju1y 15:1-He/said tb fill the positions with the least expense and trouble he recommended that Lynn Day, now Streets Supervisor, become Supervisor of Public Works and look after all crews including water and sewer, that Maxine Smith, now Deputy City Treasurer, become City Recorder and that Aleen Scharf become Peputy City Treasurer. Also that the three girls now in the office be given $25.00 per month allowance to partially compensate for the extra duties and responsibility. Councilman Hawks made a motion that Lynn Day become Superintend- ent of Public Works, Maxine Smith become City Recorder and Aleen Scharf become Deputy City Treasurer and. that each of the three girls in the office be awarded $25.00 per month, seconded by Councilman Jacobs and carried. Councilman Hammer. voted No. Councilman Hawks made a motion to pay the bills as presented, seconded by Councilman Hammer and carried. Councilman Hammer made a motion to adjourn at 10:10 p.m., seconded by Councilman West and carried. Attest: dy M A Iaxin- mith- =corder ee-Mayor July 17, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 8:00 p.m., with Councilmen West, Jacobs, Hawks and Hammer present, also present City Recorder Maxine Smith and City Attorney Robert Ruggeri. The minutes of the regular meeting of July 3, 1973 were read and approved on motion of Councilman West, seconded by Councilman Hawks and carried., Councilman Jacobs questioned the clean up on the Lyle Palmer lot in Palisades Sub -Div. Inspector Shafer has informed the' Mayor that Mr. Palmer has sold the lot and has removed the trailer etc., that belonged to him and that he will work with the new owner to complete the job. Councilman Hawks mentioned that the boxes have been removed, however the garbage cans are left out on the north side of the building at Hanks Billards and should be stored out of sight. The Mayor reported that Nielson & Maxwell are ._..ing a new design on the piping for well no. 7, due to the fact that it did not produce the amount of water that was expected. After Art Manzanares was notified to remove his trailer from the illegal location on 1st West and Walnut Lane he was in. the office requesting time to move due to an accident that has made it impossibl for him to work. He was informer] that nothing could be done fox him unless the Council would extend his time for moving. After considerable discussion it was decided that the order to move must be honored and he must move at once. The mill levy for 1973 was set at 17 mill for General Fund and 1 mill for Special Improvement District Guarantee, on motion of Councilman Hawks, seconded,by Councilman West and carried. The Mayor stated that Utah Power & Light had called him asking, if the.City was going to pay the pumping bill for the Steen Enterprizes on the hill. After considerable discussion Councilman West made a motion, seconded by Councilman Hammer and carried that the City do not accept the pumping bill for Steen Enterprizes1unless someone produces a definite agreement that the City owes sorpe,consideration. 21 positions filled $25.00 raises pay bills adjournment regular meeting minutes approved Lyle Palmer lot sold Hanks Billards remove garbage well no. 7 new design Manzanares must move 17 mill -Gen Fund 1 mill Spec. Imp. pumping bill denied on,Steen 22 $400.00 add budget Little League water denied San Juan Co. request numbering Visitor Center bid bids accepted Lynn Day asks cooperation Thayn granted cement Day authorized move wrecked auto Sarten trailer illegal Police to issue tickets for noise DeSpain to cheek 'ordinance spay bills adjournment The Mayor stated that he had been requested by Councilman McDougald to mention the fact that in making the budget we had overlooked $400.00 which was intended to be placed in the budget for recreation, everyone aedepted that as fact. The Mayor stated that he had been requested by Councilman McDougald to ask the City to assume the water, billing for the Little League Baseball and Football Fields for a period of 4 months (June, July, August and September). Councilman Hammer made a motion that the City does not assume the water bills, seconded by Councilman Hawks and carried. The Mayor read a letter from San Juan County Commissioners asking that we pass a resolution supporting their request that the federal numbering be continued on Highway 163 between Shonto and Kaibito.• The City Attorney was instructed to write the necessary resolution providing for the signature of the Mayor' asapproved by the Councitl. The following bids were opened for the Visitor Center: Moab lumber 12 sheets paneling Cal 6.08 2 mirrors Oa 4.39 Knowles Company Inc Furniture 18 Chairs 72.96 9.78 82.74 300.00 655.20 955200 Holland Upholstering Drapes & Rods 499.00 J. L. Foy Construction Counter at Visitor Center Install 12 pcs. paneling Ala 5.00 700.00 60.00 760.00 A11 the above bids were accepted and ordered purchased on motion by Councilman Hawks, seconded by Councilman Hammer and carried. Lynn Day, Superintendent of Public,Works, discussed various phases of his job and made various suggestions and asked cooperation in his efforts. Councilman Hammer stated that Lloyd Thayn would like to.cement around a fire plug at the corner of Opal and 4th North. After discussion it was decided that this would be alright. Councilman Hammer stated that at the City Yard there was three apparently wrecked autos and in his opinion they should,be moved. After considerable discussion Councilman Hammer made a motion, • seconded by Councilman Jacobs that Lynn Day be authorized to notify the owners that these ears must be removed within one week. Councilman Hammer made a motion that the trailer on the Archie Sarten property be moved. Mr. Sarten has been notified that this is illegal parking and that he has made no effort- to get moved, that the City Attorney proceed with legal action if neceessary to cause the removal of this trailer,. seconded by Councilman West and carried. The matter of excessive noise, beer drinking, late parties, etc., at the City Park was discussed and it was"determined that the Police should -issue tickets on any violation to persona violating any City Ordinance or State Law. Councilman Hatimer suggested that a special deputy policeman be'stationed at the Park until this nuisance settles down. The Mayor stated that Planner Dale DeSpain is checking a noise ordinance and will discuss this with the Council when he is in Moab. Councilman Hawks made a motion that the bills be paid as presented, seconded by Councilman West and carried. Councilman Jacobs made a motion to adjourn at 10:00 p.m., seconded by Councilman hammer and earried. Attest: Winforunee-Mayor aaxxe a mi Recorder 23 August 7, 1973 The regular meeting•of the Moab City Council was held on the above date' in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at-8:00 p.m., with Councilmen West, Jacobs, McDougald, Hawks and Hammer present, also present City -Attorney Robert Ruggeri and -Deputy City Treasurer Aleen Scharf acting for Recorder Maxine Smith. The minutes of the regular meeting,of July 17, 1973 were read and approved on motion of Councilman Hawks, seconded by Councilman West and carried. The Mayor reported that the old cars located at the City Shop have been moved. regular meeting minutes approved old cars moved They Mayor read from the most recent Mobile Home Park Ordi- Archie Sarten nance Section 24-3, which makes it legal for Archie Sartin to legal' maintain a mobile home on his recreation trailer park for living quarters for his manager. The Mayor stated that the addressograph has worn out and that Mrs. Smith has taken quotations on a new Addressograph also an Elliott. The price being Addressograph $1274.57 and the Elliott $1581.20. Couneilman West made a motion that the Addressograph be purchased, seconded by Councilman Hawks and carried. OT A proposed ordinance incorporating the new bicycle lac;-, as L) passed by the last session of the Legislature was discussed. The ordinance was adopted on motion by Councilman Hammer, seconded by Councilman Hawks and carried. The Mayor stated that Municpal League Convention will be held September 13, 14, & 1S. Councilman Hawks stated he would probably attend. addressograph approved bicycle laws adopted Muniepal League The Mayor stated that water from the sprinkling system was siding ruined getting on the building at the Visitor Center Park and would probably ruin the siding. Something must be done to stop this. Mr. Lyle Palmer will place a covering of native rook around the building four foot high for approximately $1500.00. Councilman West suggested that all, Councilmen meet at the Visitor Center at 12 noon tomorrow (Wd'dnesday, August 8) to look the situation over and make a decision, all agreed this was the proper approach. Barbara McCandless, owner of McCandless Laundry, Paul Fisher, laundries request owner of Day & Night Laundry and Mr. Avery, operator of Canyon- clarification lands Campark, request clarification of new method of licensing the laundr. The Mayor explained that the Legislature repealed the state licensing to be licensing laundries under our gross licensing act, therefore the investigated City had used the old system which is still in the resolution of licensing whereby all vending machines are licensed at S,_00 per each per year beginning July 1, 1973. After considerable discuss- ion that this•would increase their license considerably. Council- man Jacobs made a motion that the City investigate licensing of laur-'_1es and arrive at what could be a good and fair method, seconded by Councilman McDougald and carried. An ordinance closing all City Parks from 11:00 p.m:, to 5:00 park ordinance a.m., was discussed. Councilman McDougald made a motion that this passed ordinance be adopted, seconded by Councilman Hammer. Councilman Hammer made a motion that, the ordinance action be tabled until next meeting, seconded by Councilman McDougald. The motion failed to pass on two aye votes and one nay vote, Councilmen Hawks and West abstaining. The original motion was then presented and passes four aye and one nay vote. Councilman Hammer voting nay. The Mayor stated that Ed*s,Plumbing had told him it would ammer to investi- probably be better to purchse two 5,000 units of air conditioning gate air condition - than to purchase one 10,000 unit. Councilman Hammer questioned ing. this statement and stated he would investigate for the City Shops. Councilman McDougald made a motion that the -bills be paid as •ay bills presented, seconded by Councilman Hawks and carried. 24 adjournment Councilman Hammer made a motion to adjourn at 10:05 p.m., seconded by Councilman Jacobs and carried. regular meeting minutes approved gas bids McDougald bid accepted car ports -Tusher Parking area bids Grand C. awarded bid natural gas ordinance Hammer questions licenses being pai Winford B 1 ce-Mayor Attest: Metf Smith=itecorder August 21, 1973 The regular meeting of Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 8:00 p.m., with Councilmen West, Jacobs, McDougald and Hammer present. Also present City Recorder'Maxine Smith and Engineer Keogh. The minutes of the regular meeting of August 7, 1973 were read and approved on motion of Councilman West, seconded by Councilman Jacobs and carried. The bids for furnishing the City of Moab gasoline and diesel for the next year beginning September 1, 1973 were opened. The State of Utah bidding: no bid. K. E. McDougald 0i1, Moab, Utah as follows: Regular gas .197 Elite gas .227 Diesel .1725 Also providing exceptions due to gasoline shortages and price increases. The bid of K. E. McDougald 0i1 was accepted on motion of Councilman Jacobs, seconded by Councilman West and carried. Councilman McDougald stated that he has been contacted again by persons living on Tusher Street, wanting to build car, ports closer to their property line than the five feet as allowed by ordinance. He suggested that we investigate the possibility of eliminating Tusher Street from the ordinance covering st-backs from property line for buildings. The Mayor and Attorney to cheek with Planner Dale DeSpain and legal council as necessary. Bids were opened to construct Parking Area and other repairs at Elks Park. Engstrom Contracting 9748.50 Grand County 9978.50 The contract was awarded to Grand County on motion,of Council- man West, seconded by Councilman McDougald and carried, Councilman Hammer abstained. The sections of our ordinances covering licensing and bonding of persons handling or installing natural gas or liquefied petro- leum gas was read and discussed. It seems that the State is covering these sections and it is necessary Efir the City to have the section covering the bond. The Mayor is to check with Attorney Ruggeri and the Attorney for the League of Cities, A.M. Ferro, for clarification. Councilman Hammer asked how the businesses were paying their licenses. He was informed there is always some delinquencies, but mostly they are paying in good time and,the delinquents, with some pressure, always catch up. The Council stated to use whatever means necessary to collect. Inasmuch, as Attorney Ruggeri has been on vacation, there has been no action on the question of the licens- ing of serve yourself laundries. 2 5 C7 U U The Mayor stated that Art Woods, salvage operator at the City Dump, is now out of the hospital and will be returning to work. Councilman Jacobs made a motion that the bills be paid as presented, seconded by Councilman McDougald and carried. Councilman Jacobs made a motion to adjourn at 9:20 p.m., seconded by Councilman West and carried. Attest: Winford B -Mayor Maxie Smith -Recorder September 4, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 8:00 p.m., with Councilmen West, Jacobs,=MeDougald, Hawks, and Hammer.present. Also, Engineer John Keogh Deputy City Treasurer, Aleen Scharf, acting for Recorder Maxine Smith. The minutes of the regular meeting of August 2, 1973 were read and approved on motion of Councilman Hammer, seconded by Councilman West and carried. Les Erbs stated that the fire hydrants, to the best of his knowledge, had not been checked this year. He cited the recent fire at Park City, where their fire hydrants did not function, as an example of what could happen by not having operable fire hydrants. Lynn Day, Public Works Supervisor, was instructed to see that the fire hydrants are checked twice each year. Councilman Hammer suggested that a map and fire system be set up and maintained, showing location of the hydrant and date it was inspected. Andrew Steen, representing MiVida Enterprises, presented a petition for Type 1 beer license stating that he was trying to get a tourist business started at the old Steen home, and it seemed to him that it would be necessary that he have a license to sell beer. The license was granted on motion by Councilman Hawks, seconded by Councilman Hammer and carried. Mrs. Bert Sullivan presented her water bills for the last year or so, stating that in her opinion, they were considerably high ror a single family dwelling. The bills did seem high with no apparent reason as Mrs..1 Sullivan claimed she has no leaks and a small, yard. The water department was instructed to cheek the meter with Mrs. Sullivan the next day after 3:00 p.m. Mrs. Van Dyke asked if she could parka camp trailer on her lot at 3rd South to be used for storage only. She was told that this seemed to be in line with the ordinance as long as no one lived in the trailer and it did not have water or sewer connect- ions. George Bittle, Gene Hill and Gordon Ousley, residents of Bittle Lane, asked if it was at all feasible to install a sewer line into their properties. The City has paid Engineer Keogh $300.00 to survey this line out about a year ago when Vere West- wood was considering the installation of sewer to his properties. Mr. Keogh was asked to get the figures together for the next council meeting. Woods returns to work pay bills adjournment regular meeting minutes approved Les Erbs requests hydrant check map & date fire hydrants Steen beer license Mrs. Sullivan presents water bil check meter Van Dyke to park camp trailer Bittle, Hill & ousley request sewer line 2 footbridge for Hecla Day & Jacobs visit dealers prices on equip. 11,400.00 for John Deere Loader change speed limit 40 miles per hour accept landscaping Visitor Center City purchase machines for Travel Council Council repay City $800.00 from profits City $1500.00 County 3500.00 in special fund Corbin files well City file protest with state. City help County July 1, 1974 pay bills adjournment Bob Ames, representing the JC•s asked if the City would install a foot bridge across Millcreek at the West end of Hecla Subdivision. Mr. Ames was informed that Hecla Subdivision was not in the City, also the cost of such an installation would be prohibitive, however; if the JC's wanted to go ahead on their own without any City respon- sibility, there was some material at the yard which they could have at no cost. Councilman Jacobs and Public Works Supervisor, Lynn Day stated that they had visited several dealers in Salt Lake City, inspecting machinery. They found the following: Air Compressers (used), $2650.40 to $3218.00, very short supply, 400 hours; Snow Plow (new), $2000.00; Loaders & Caterpillar (used),, 6 months old, $24,000.00 less trade-in, Michigan $4000.00; John Deere (used), 4 years old, 1200 hours, $14,900 less Michigan trade- in $3500.00. Councilman Hawks made a motion that we purchase the John Deere loader for a net of $11, 400.00 delivered to Moab, seconded by Councilman Hammer and carried. The Mayor stated that the Judge has recommended, and the County has already changed their part, that we change the speed limit on South 4th East to 40 miles per hour, and we change to 40 miles per hour on South 5th West and Cane Creek Blvd. Councilman Jacobs made a motion that we post 4th East from Millcreek Bridge South at 40 miles per hour. Also that we post 5th West from South enterance to Holiday Haven South at 40 miles per hour, and Cane Creek Blvd., at 40 miles per hour to Highway 163, seconded by Councilman,Hamner and carried. Councilman Hammer made a motion that we accept the landscaping at the Visitor Center Park and make available the balance of the money due Earth Designs Ine., seconded by Councilman West and carried. The Mayor stated that Curt Robertson has a cigarette machine and a coke machine, which he wants to sell to the Travel Council for $800.00, however, the Travel Council does not have the cash available to make the purchase. This appears to be a good purchase, and the council does need these services available at the Visitor Center. Councilman Hawks made a motion that the City advance $800.00 to the Travel Council for the purchase of these machines and that they repay the City by turning all the profit from the sales of merchandise in these machines to the City, until the $800.00 is repaid, seconded by Councilman West and carried. John Keogh, City Engineer and County Surveyor, made a proposal that the City and County cooperate in reestablishing sections corners in the valley, he suggested to start the program that the City put $1500.00 and the County $3500.00 into a special fund. The Mayor read a notice in the Times independent for a water filing by J. Wallace Corbin to appropriate 1.0 second feet of water from an 8 inch well near the wells owned by the City. Councilman MoDougald made a motion that the City Attorney draw a.protest to said filing and have it filed with the State Engineer, seconded by Councilman Hawks and carried. Councilman Hammer made a motion that the,City cooperate with the County on this project, however; the City will have no funds available until after the new budget, July 1, 1974., seconded by Councilman Hawks and carried. Councilman Hammer made a motion to pay the bills as preF9nted, seconded by Councilman Hawks and carried. Councilman Hammer made a motion to adjourn at 10:10 p.m., seconded by Councilman Hawks and carried. intor Bunce-Mayor Attest: 27. Maxine S„ft.,- it� h R or September 18, 1973 The regular meeting of the Moab City Council was 'held on the regular meeting above date in the Mayor's office. The meeting was'called to Mayor's office order by Mayor Winford Bunce at 8:00 p.m., with Councilmen Jacobs McDougald and Hawks present, also City ngineer Keogh and City Recorder Maxine Smith. The minutes of the regular meeting of September 4, 1973 were minutes approved read and approved on motion of Councilman Jacobs, seconded by Councilman Hawks and carried. The Mayor stated, that a special meeting, with the public to public special be invited, has been called for September 25, 1973 at 7:00 p.m., meeting to discuss with Town Television their franchise and a new licens- ing procedure. The Mayor stated, that while in Salt Lake, at the Convention discussed license • of the League of Cities and Towns, he had discussed with Hershell with Hestor & co • Hestor and A. M. Ferro the problem of licensing vending machine Ferro. • laundries the possibility of eliminating Tusher Street from the U Ordinances requiring five feet from property line for open car ports, also, how sewer fees are charged on laundries, motels and like commercial businesses. These matters will be discussed in detail and a decision made at a later meeting when all members of the Council are present. Councilman Hawks stated, that he has had some complaints about car noise around the Park during the early morning hours. He has discussed this problem with the Chief of Police and they are making a special effort to stop this by extra patrolling and the use of radar. extra patrolling around park The Mayor stated, that a new meter has been installed at Sullivan new meter the residence of Bert Sullivan. Councilman Jacobs stated, that in his opinion the City should Jacobs suggests purchase a snow plow just in case we have another winter with lots snow plow - of snow. After considerable discussion Councilman Jacobs made a advertise for motion that we advertise for the purchase of a snow plow, second- plow ed by Councilman Hawks and carried. Engineer Keogh stated, that the sewer line to bring Bittle Lane area into the system would require approximately 5000 ft. of line. The Mayor is to consult Engineer Art Maxwell, when he is in town Wenesday, concerning the size and estimaLeu cost of installation. Councilman Jacobs made a motion to pay the bills as present- ed, seconded by Councilman McDougald and carried. Councilman Jacobs made a motion to adjourn at 9:10 p.m., adjournment seconded by Councilman McDougald and carried. Mayor investigate sewer cost Attest: Maxine Winford Bund; Mayor pay bills 28 October 2, 1973 regular meeting minutes approved Brewer program adopted sewer line estimate< snow plow bids study bids Compressor $3068.0 Town TV agree's of 1% tax Motion Town TV pay tax paint offices bid advertizrd Day request 125.00 Day request approved The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was_called tb order by Mayor Winford Bunce at 8:00 p.m., with Councilmen West, Jacobs, McDougald, Hawks and Hanover present, also Recorder Maxine Smith, Attorney Robert Ruggeri and Engineer John Keogh. The minutes of the regular meeting of September 18, 1973 were read and approved on motion of Councilman Hawks, seconded by Councilman West and carried. The Mayor, introduced Courtney Brewer, Planner for the Four County Council of Governments. Mr. Brewer explained in detail the proposed endorsement of the Resource Conservation and Development Projects. This is a new program encompassing most of the grant and loan poweres of the Soil Conservation Service and several other Government Programs. It has been used in the north- ern part of Utah and has worked very satisfactorily. After considerable discussion Councilman McDougald made a motion that the City of Moab be one of the sponsors to adopt this program for the Pour County Area, seconded by Councilman West and earried. The Mayor stated that he had discussed with Art Maxwell the proposed sewer line from Bittle Lane area into town and that in the opinion of Mr. Maxwell the cost for the main line would prob- ably be estimated $10.00 per foot, also that it appeared that the route along 4th East Street would probably be the least expensive. Bids were opened for the purchase of a snow plow: Western Road Machinery Atlas Equipment Co. $2300.00 1614.00 Due to the difference in price it might appear that there is a difference in quality or specification. Councilman McDougald made a motion that the bids be taken under advisement for study, seconded by Councilman Hammer and carried. Councilman Jacobs stated that he has located a used WABCO portable 125 compressor at Atlas Equipment Company. It appears that this is a good purchase for t3posL00, •Councilman.McDougald made a motion that the City purchase this machine, seconded by Councilman Hawks and carried. On September 25, the Mayor and Council had a discussion meet- ing with Tom Worster, District Manager of Town TV, concerning the business licensing of Town TV. They have been paying flat $40.00 license whieh did not seem fair when reviewed with other business licenses in town. It was mutually agreed that they would consent to pay one-half of one percent on their gross sales. Councilman Hammer made a motion that Town TV pay one-half of one percent of their gross sales for a business license until the end of their present franchise with the .aty which is February 1975, at that time a new agreement will be negotiated, also that the City at this time opposes any increase in fees by Town TV. _seconded by_Councilman West and carried. The Mayor stated that we have provided in the budget to paint the offices and would like an expression of wben the ,jg17, should be done, Councilman McDougald made a,motioi that we advertize for bids at once, seconded by Councilman Hammer and carried. Lynn Day stated he has been pushing the dump for several years for $85.00 per month, however the work load at this time has increased until he is unable to do the job for the $85.00 and would like to request that. we consider paying him $125.00 per month. He also stated that since going to work for the City on a permanent basis he would recommend we try to find someone to take the pushing job off his hands. Councilman McDougald made a motion that we pay Mr. Day $125.00 per month beginning September 1973, seconded,by Councilman Hammer and carried. advertize for dump -pushed Councilman Hawks made a motion that we advertize for someone to push the dump, seconded by Councilman Jacobs and carried. Due to some misunderstanding concerning overtime pay, Mr. - Day asked if some permanent policy would be worked out so that he would know when to allow overtime. He was informed that a policy would•be worked out in the%near future. 29 overtime pay Engineer Keogh presented a print of the amendment to Nichols - Bowen Sub -Division covering the lots created by the changing of Millcreek Drive and 4th East. Councilman Hawks made a motion that Mr. Keogh be authorized to draw the necessary prints for the amendment and that the small tracts in front of the Harper property and the Holyoak property be given to them, that the large lot adjacent to Jehovah Witness- ess be sold to them for the cost of the,curb & gutter, also that the small piece of street which was part of Millcreek Drive, but is now a dead end street, be known as Ken's Court, seconded by Councilman Hammer and carried. Councilman Hawks made a motion to pay the bills as presented, seconded by Councilman Hammer and carried. Councilman Jacobs made a motion to adjourn at 10:00 p.m., seconded by Councilman Hammer and carried. Attest: Smith=Recorder W ford B 1 e-Mayor October 18, 1973 sub -division amendment Ken's Court Jehovah Witness lot pay bills adjournment The regular meeting ofkthe Moab City Council was held on the above regular meeting date in the CouncillChambers. The meeting was called to order by Mayor Winford Bunce attS:00-p.m., with Councilmen West, Jacobs, McDougald and Hammer present. Councilman Hawks arrived late. Also present Recorder Maxine Smith and City Engineer John Keogh. The minutes of the regular meeting of October 2, 1973 were read and approved on motion of Councilman West, seconded by Councilman Hammer and carried. minutes approved Mrs. David Minor stated that her water bill for the reading Minor water bill month of September was considerably out of line with the other reduced months. She stated that no one had beenG;at home, except week ends, during that whole month yet the bill was 123 M compared with 20 M to 40 M during other summer months. The meter had been taken out and checked and it proved that it was registering correct, however something had happened to their water during this month. Councilman Hammer made a motion that the bill•be avPr,ged out for the three months during this period and that Mrs. Minor be allowed to settle the bill for 30 M gallons, seconded by Councilman West and carried. Neldon Lemon inquired about the add for bids to keep the Lemon inquires garbage dump clean. He was told to contact Lynn Day for more dump information and submit his bid to the Council for consideration at the meeting of November 7, 1973. -. t i • • • / A letter from Andrew Steen was considered concerning his Steen letter read water bill at the Steen House for the past few months. The bills high water bill have been very high, however Mr. Steen stated in his letter that they have found -and repaired six breaks in their line. Council- man Hammer asked that the bill be considered at the next meeting as he would like to talk with Mr. Steen about the breaks and the proppects of getting them repaired. Bob MacTaggert presented a bill from Ed's Plumbing for work- City to pay ing on his sewer line which appeared to be plugged when in fact MaeTaggert bill the -plug was in the City main line. Councilman Jacobs made a motion that the City pay the $25.00 bill inasmuch as the plug was actually in the City line, seconded by Councilman West and carried. 30 Visitor Center final inspection plat accepted Hammer reports Air Mail service pay bills excessive noise complaints Police to list offenders obtain prices for shop doors Atlas awarded bid snow plow adjournment regular meeting minutes approved shop door bids bid tabled bids for paint City Offices The Mayor stated, that John Brown was ready for final inspec- tion and acceptance of the rest rooms at the Visitor Center. It !was decided to meet at the rest rooms October 17, at 10:00 a.m., for inspection. Engineer Keogh presented amended Nichols -Bowen sub -division plat incorporating the lots created by the change of steet align- ment at 4th East and Millcreek Drive. Councilman McDougald made a motion that the plat.be accepted by the City and authorized signed, seconded by Councilman Hammer and carried. - Councilman Hammer stated, that he has been in contact, with the postal department and it appears that we are not getting the proper Air Mail service in and out of Moab. Councilman McDougald made a motion that the City request the Post Office Department to provide better Air Mail service, seconded by Councilman Hammer and carried. Councilman McDougald made a motion to pay the bills x presented, seconded by Councilman Hawks and carried. Councilman Hammer stated that he has been getting complaints about excessive noise caused by illegal mufflers, spinning tires etc. After considerable discussion it was decided to ask the Chief of Police to present a list of_arrests and dispositions by the Court for the past four months on tickets written for various traffic violations. It was decided to obtain prices from Van's Service and Rodney Phillips on cost of installation of the new doors for the shop. Councilman McDougald made a motion that we accept the bid on the snow plow from Atlas Equipment Company, seconded by Councilman Hammer and carried. Councilman Hammer made a motion to adjourn at 9:20 p.m., seconded by Councilman McDougald and carried. Winford ee- ayor l Attest; Maxis e Smith=Reeorder November 7, 1973 The regular meeting of the Moab City Council was held•on the above date in the Council Chambers. The meeting was called to order by Mayor Pro-Tem Councilman Harold Jacobs at 7:00 p.m., with Councilmen West_ McDougald, Hawks and Hammer present. Also present Attorney Robert Ruggeri, Engineer John Keogh and Recorder Maxine Smith. The minutes of the regular meeting of October 16, 1973 were read and approved on motion of Councilman Hammer, seconded by Councilman Hawks and carried. Bids were opened for the installation of the doors, at the City Shops: - Rodney Phillips (City to furnish doors and hardware) 350.00 Van's Service No bid due to amount of time involved Councilman Hawks made a motion that the bids be tabled due to lack of information, seconded by Councilman Hammer and carried. Bids were opened for the painting of the City Offices: Livingston Painters Molena Painters 1102.00 1184.92 31 No bid accepted pending kind of paint to be used. Bids were opened for the maintenance of the City Dump for one year: Lynn Day Neldon Lemon per month per week 175.00 100.00 Councilman Hammer made a motion, seconded by Councilman West, that the contract be awarded to Lynn Day, carried. Councilman Jacobs announced that he and the Mayor would be attending the hearing on Frontier Airlines certificate deletion on November 15. Councilman Hammer recommended that the contribution to the JC's for street lighting be increased in the next budget. Councilman Hawks made a motion to adjourn at 9:20 p.m., seconded by Councilman West and carried. C+'J A Attest: U • Winford•Bun -Mayor Maxi order November 12, 1973 _ The special meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 12:00 noon with Councilmen Jacobs, West, McDougald, Hawks and Hammer present, also City Recorder Maxine Smith. Two absentee ballots having been received since election day were opened and the correct markings were made on the tally sheets. The tally sheets of the various preeints were checked and found to be as follows: For Mayor: Thomas A. Stocks Winford Bunee William D. McDougald J. C. Robertson Steven Winchell For Councilman: T•-ln Bailey J. Kay Hawks Jim Chmielewski Keith Peterson James Bonser 452 3BS 459 191 17 496 542 396 807 655 Councilman Hawks made a motion that the tally book as check- ed be certified as correct and that Wm. D. McDougald be declared elected Mayor and that Keith Peterson and James Bonser be elected Councilmen, seconded by Councilman Hammer and carried. Councilman Hawks made a motion, seconded by Councilman Hammer and carried to pay the bills as,presented. Councilman West made a motion to adjourn at 12:50 p.m., seconded by Councilman Jacobs and carried. Winford B f ce-Mayor bid pending on paint City Dump bid Lynn Day awarded dump bid Mayor & Jacobs to attend hearing Hammer suggests increase for JC's adjournment special meeting absentee ballots tally sheets McDougald-Mayor Peterson,Bonser Councilmen pay bills adjournment 32 Attest: regular meeting minutes approved Marne Smith -Recorder November 20, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce at 7:00 p.m., with Councilmen Jacobs, West, McDougald, Hawks and Hammer present, also present Engineer John Keogh. Councilman McDougald acted as recorder. The minutes of the regular meeting of November 7 and the special meeting of November 12, were read and approved on motion of Councilman Jacobs, seconded by Councilman Hammer and carried. Robertson property Ron Robertson owner of 80 acres & easement Molina awarded of Moab City along the north boundry the City would consider helping with After considerable discussion it was Robertson at 1:00 p.m., November 21, right of way. of land adjoining the property of the golf course asked if an easement along that line. decided to meet with Mr. on the site of the proposed bid The bids for the painting of the City OfF_ces which were opened at the last meeting was considered and the contract awarded to Molina Painters on motion of Councilman Hawks, seconded by Councilman Hammer and carried. DeSpain meeting 4 lights added to Visitor Center West motion lights Christmas party pay bills adjournment regular meeting minutes approved A meeting will be held December 6 at 7:00 p.m., with Dale DeSpain to consider the new zoning ordinances. The Mayor stated that we should add four (4) lights to our contract with Utah Power & Light to be installed at the Visitor Center. Councilman West made a motion that the four lights be authorized, seconded by Councilman Hawks and carried. After considerable discussion concerning the Christmas Party for the employees, Councilman Jacobs made a motion, seconded by Councilman Hawks that it be held at Steen's ti $6.00 per plate. Councilman Jacobs made a motion to pay the bills as presented, seconded by Councilman Hammer and carried. Councilman Jacobs made a motion to adjourn at 8:15 p.m., seconded by Councilman West and carried. Attest: aziffe Smith -Recorder December 4, 1973 The regular meeting of the Moab City Council was held on the above date in the.Council.,,Chambers. The meeting was called'to order by Mayor Winford Dunce at 7:00 p.m., with Councilmen Jacobs, West, McDougald and Hawks present', also`present Recof,'der Maxine Smith and Engineer John Keogh. The minutes of the regular meeting of November 20, were read Illand approved on motion of Councilman Jacobs, seconded by Councilman est and carried. 33 Doug Carroll stated that he had a bad drainage situation in the basement of the building he is renting on Main Street. He stated that sometime ago the City took an easement across various properties along the "Old Arroyo" for drainage problems and in his opinion it appeared that the City probably had some responsibility in the filling of the "Old Arroyo" with dirt. After considerable discussion the Mayor stated that he did not feel that the City had any legal responsibility and that the basement of the building affected with this raising water was not worth the cost of the project to totally drain this "Old Arroyo", however he would have no objection to allowing the water crew to dig a hole down to the water level so Mr. Carroll could pump the water out. This arrangement appeared to be acceptable to all parties at this time.and the Mayor was instruct- ed to look into this matter of an easement for drainage, also what was stated in the minutes of the Council Meetings during the time the easements were taken and see what some of the Councilmen of that time could remember about the easement and the filling of the "Old Arroyo". The Mayor presented a letter signed by J. Wallace Corbin reducing the amount of water to be drawn from a water filing with the State Engineers Office Application no. 42703 (05-939) from the original requested amount of 1.0 sec-ft., to D15 sec-ft. • Mr. McKinney from the Office of the State Engineer asked the • City to withdraw the protest as filed pertaining to the 1.0 sec- 0ft. Councilman McDougald made a motion that the City withdraw • their protest in line with the new evidence, seconded by Council- • man West and carried. Carroll drainage problem Corbin request. granted The Mayor reminded the Council that December 6, at 7:00 p.m., special meetings we have a meeting with Dale Despain to finalize the proposed changes in Zoning Ordinances. Also that a hearing will be held December 12, in the Council Chambers, by the BIM to consider land use management in the Dolores Triangle area. The recent session of the Legislature made available to low cost housing $3,000,000.00. Of this the City of Moab will re- ceive $13,574.00, however we must create a housing authority to handle the money or pass a resolution turning the funds over to the Grand County Housing Authority which is already created. Councilman West offered the following resolution, which was read. RESOLUTION NO. WHEREAS, the legislature of the State of Utah has approp- riated the sum of Three Million Dollars for emergency housing expenditures, AND WHEREAS, $13,574.00 have been allocated to be spent within the political jurisdiction of Moab City. THEREFORE, BE IT RESOLVED by the City Council of the City of Moab, Grand County, State of Utah. That the City Council for the City of Moab does hereby request the Housing Authority of Grand County to :....__nister and expend the aforementioned $13,574.00 allocation in the following manner to wit: (1) The entire $13,574.00 allocation will be expended within the political jurisdiction of Moab City on or before October 24, 1975. (2) The entire $13,574.00 allocation shall be spent on rehabilitation of owner occupied single family homes which now exists. (3) No portion of the $13,574.00 allocations shall be spent within the City of Moab without, the consent of the Moab City Council. (4) The Moab City Council shall have the right to withdraw this resolution and all. funds persuant thereto in the event that it finds any act by the Grand County Housing Authority to be unsatisfactory in the process of administering these funds:• (5) A11 expenditures shall be made for -and in behalf of recipients with incomes which areAbelow the maximums allowed by the Utah Emergency Appropriations for Housing Act of 1973. Moab will receive $13,574.00-housing West offers resolution resolution 34 resolution This Resolution is hereby adopted by the following vote: Affirmative Dissenting /s/ J. Kay Hawks /s/ Wm. Dean McDougald /s/ Harold Jacobs /s/ John W. West /s/ Richard Paul Hammer adopted Councilman West made a motion that the resolution and a Cooperation agreement be signed by the Mayor and of the Local Housing Authority, seconded by Councilman ;carried. laundry license $10.00 + 2.50 laundry license approved Hamner resigns police Duncan fills vacancy-$600.00 $25.00 raise raise approved Keogh requests fees be adjusted Keogh request approved special meeting bids liability insurance City denies road request be adopted Chairman Hawks and The Mayor stated that he has checked over the State and it appears that most towns license coin operated laundries on the basis of number owned. Most of them have a $10.00 license for the first machine and it varies from $1.00 to $3.00 per machine for all the balance owned. He also stated that the fee of $10.00 plus $2.50 per machine would make the license about the same as the old 2 sales tax plus the 2 gross license. Councilman Hawks made a motion that the laundries be licensed at the rate of $10.00 for the first machine and $L.50 per machine .for the balance owned, seconded by Councilman McDougald and carried. 1 1 The Mayor stated that the Chief of Police had informed him that Policeman Hamner has resigned his position leaving the depart- ment short one man. We have a good man, Brent Duncan on the lauxillary police that will take the job, however we must start him at $600.00 per month. Councilman McDougald stated that he knew Mr. Duncan and in his opinion he would be a good officer and would make a motion, that the Chief be authorized to hire Mr. Duncan and start himHat $600.00 per month, seconded by Councilman West and carried. 1 The Mayor stated that there was provided in the budget an increase in salary for this fiscal year and at this time he,would ;like to give all employees with a salary of less than $700.00 per month a raise of $25.00 per month. Councilman West made a motion that the employees be granted la cost of living raise of $25.00 per month, secondediby Councilman ;McDougald and carried. Engineer Keogh stated that his fees have not been adjusted 'since 1969 and that he was getting in a finaneialib,ind,with'his ;employees. Councilman McDougald made a motion that the Engineers schedule lbe adjusted as follows: retainer $200.00 per month 1 man crew 9.p0 per hour 2 man crew 15.00 per hour, 3 man crew 20.00 per hhour (Seconded by Councilman Hawks and carried. The Mayor stated that a special meeting will be held at the Apache Restaurant at 12:00 noon on December 28, for the purpose of accepting bids for liability insurance for the next three years. Councilman McDougald°asked if the City had any'need for a road across property belonging to Ron Robertson and if so would the Council be interested in contributing any right-of-wayfor.the road. The road has some right-of-way by constant use for several years, and it appears that this is a)problem between Mr. Robertson,=other people living in the area and the Grand County Commission. The, City does not need any more'road than -is already there, and when the property is fenced the city travel will be from the south and inside the fence. pay bills Couneilman McDougald made a motion that the bills as presented be paid, seconded by gouncilman West and carried. Councilman Jacobs made a motion to adjourn at 8:30 p.m., adjournment seconded by Councilman Hawks and carried. 35 Attest: Maxine Smith -Recorder Winford BuJ e-Mayor December 18, 1973 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunee,•'at 7:00 p.m., with Councilmen West, Jacobs, McDougald and Hawks present, also present Recorder Maxine Smith and Engineer John Keogh. 07 [1+ The minutes of the regular meeting of December 4, 1973 were Ot read and approved on motion of Councilman Hawks, seconded by Councilman West and carried. The Mayor stated that he has searched the old minutes of the City Council and can find noting in them concerning the right of way for drainage purposes along the "Old Arroyo", however the easements were taken in 1940. Ralph Miller Sr., was serving on the City Council at that time and he doesn't remember anything about the easements. The Mayor presented a CR-10, a form used by the Collector Road System, requesting that $2500.00 be transfered from the Collector Road Trust Account into the Checking Account. The $2500.00 is the amount of money approved for preliminary Engineering on 5th West Street and Cam Creek Blvd. Councilman Jacobs made a motion that the forms be signed, seconded by Councilman West and carried. Bids were opened for the purchase of a 1 (one) ton flat bed truck: Peterson Ford (only bid received) $4511.00 which will be subject to an increase of approximately 130.00 Councilman McDougald made a motion that the bid be accepted and the order placed with Peterson Ford, seconded by Councilman Hawks and carried. The Mayor presented quotations for the lining PF 'he Chlorinator house with rock wool bats. John Brown Rodney Phillips 600.00 450.00 Councilman Jacobs made a motion that the contract be award- ed to Rodney Phillips, seconded by Councilman Hawks and carried. The Mayor announced that on January 23, 1974 at 7:00 p.m., in the Council Chambers there will be a meeting with the Soil Conservation Service to diseuss with the City and County Officials the results of the Flood Hazard study they have been conducting for the past coupleofyears. Councilman MeDougald stated that he had attended the public hearing on land use planningifor the Dolores Triangle area and in his opinien the City Council should be on record as favoring multiple use for that area. After discussion Councilman McDougald made a motion that the following resolution be passed, seconded by Councilman Hawks and carried. regular meeting minutes approved $2500.00 transfer sign forms truck bids Peterson Ford awarded bid Chlorinator quotations Rodney Phillips awarded contract meeting Jan. 23 Dolores Triangle support McDougald suggests resolution 3 attached resolution Resolution attached becomes part of these minutes. Wood requests water at dump Jacobs to check methods storage diaphragm pump for City Mayor obtain prices on pumps pay bills adjournment special meeting meeting for bids insurance bids Central Utah gets bid McDougald resigns resignation accepted adjournment Councilman Jacobs stated that Mr. Wood, caretaker at the City Dump, would like to have some kind of water storage installed for his use inasmuch as he is living at the dump. After discussion it was decided that Councilman Jacobs should investigate the possible methods of getting water to the dump. Councilman Jacobs stated that the water department needed a new diaphragm pump to be used in pumping water and mud from holes created mainly by broken water lines, cost would probably be less than $600.00. The Mayor was instructed to secure quotations for this pump. Councilman Hawks made a motion to pay the bills as presented, seconded by Councilman West and carried. Councilman West made a motion to adjourn at 8:00 p.m., seconded by Councilman Jacobs and carried. Attest: Maxine Smit -Recorder Winford Bunee-Mayor December 28, 1973 A special meeting of the Moab City Council was held on the above date at the dining room of the Apache Cafe. The meeting was called to order by Mayor Winford Bunce, at 12:00 noon, with Councilmen Jacobs, West, McDougald, Hawks and Hammer present, also present David Allen, representing David Allen Insurance Agency, Dave Bailey, representing Centeral Utah Insurance Agency, newly elected Councilmen Keith Peterson and Gerald Bonser. The meeting was called to accept bids for the City Insurance which will become effective January 2, 1974 at 12:00'noon, for a three year period. Bids submitted by: David Allen Insurance, bidding through Pacific Insurance Company, per year excluding errors and Bmmissions *4619.00 Central Insurance Agency, bidding throiu h r.11f Insurance Company, per year including errors and ommissions 2871.00 After considerable discussion Councilman Jacobs made a motion that the insurance eontraet be awarded to Central Utah Insuranee gency, seconded by Councilman West and carried. Councilman McDougald tendered his resignation from the City Council effective the 31st day of December 1973. .The resignation was accepted on motion by Couneilman Jaeobs, seconded by Councilman Hammer and carried. Councilman McDougald made a motion to adjourn at 1:00 p.m., seconded by Councilman Hammer and - ied. ttest: axi"e Smith -Recorder 1 InfordlBunce-Mayor 36 attached resc Wood request: water at duml Jacobs to chi methods star. diaphragm pui for City Mayor obtain prices on pu pay bills adjournment Special meet meeting for insurance bids Central Utal- bid McDougald r resignation accepted adjournment Mayor and City Councilmen Moab Utah Gentlemen: Because I have been chosen by the electorate of Moab City as Mayor Elect, I have determined to tender, and do hereby tender, my resignation as Moab City Councilman to become effective December 31, 1973 at midnight. I request that the City Council accept this resignation at this meeting. Respectfully submitted this 28th day of December, 1973. William D. McDnudald _ The resignation was accepted on motion by Councilman Jacobs, seconded by Councilman Hammer and carried. Councilman McDougald made a motion to adjourn at 1:00 p.m., seconded by Councilman Hammer and ied. Attest: Bunce-Mayor axi a Smith -Recorder 37 RESOLUTION WHEREAS, the United States Government, through the Department of the Interior, Bureau of Land Management, has been conducting land use hearings to determine how the land in the -Dolores Triangle Area can best be utilized; and WHEREAS, the City of Moab and its citizens and residents will be directly and indirectly affected by any determination affecting the lands in the Dolores Triangle; and ' WHEREAS, the Mayor and City Council of Moab City believe that the land can best be utilized by groups of people of varying interests, and further believe that there is no valid reason to restrict the uses that said lands may serve or to determine that said lands ate.suitabie for only one purpose or to determine that said lands should be used only for the benefit of any one group of citizens; and CrJ WHEREAS, the City of Moab, by and through its Mayor and City council have determined to go on record as favoring the multiple Ot L7 use concept of the land area known as the Dolores Triangle, including, but mot necessarily limited to, recreation, stock grazing, agriculture and mining. NOW THEREFORE BE IT RESOLVED: That the City of Moab hereby adopts this Resolution recommending to the persons responsible for adopting a land use plan for the land area comprising the "Dolores Triangle Area" that said land be designated for use by the greatest possible number of people and that the multiple use concept be adopted and approved with respect to all of said lands comprising the area known and referred to as the Dolores Triangle. CERTIFICATE - Comes now Maxine Smith, City Recorder for the City of Moab, and hereby states and certifies that the above Resolution was adopted at a meeting of the City Council of the City of Moab in a meeting duly and regularly held Dee. 18, 1973 , and attended by a quorum, by a unanimous vote of all of said members of the City Council. Dated this 7th day of January, A. D., 1974. (SEAL) /s/ Maxine Smith Maxine Smith -Recorder Subscribed and sworn to before me this 7 day of January, A. D., 1974. My commission expires: /s/ Betty Gale Riehardson 3-18-76 Notary Public Residing at Moab, Utah 84532 January 2, 1974 regular meeting minutes approved Richardson request for title Bonser requests action on hearings City not to be involved pay bills $2651.86 note for Travel Council Adjournment special meeting Council to eleet member 11 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order by Mayor Winford Bunce, at 7:00 p.m., with Councilmen West, Jacobs, Hawks and Hammer present, also City Recorder Maxine Smith and Attorney Robert Ruggeri. The minutes of the regular meeting of December 18, and special meeting of December 28, 1973 were read and approved. Jimmie Richardson asked that the City cooperate with him in getting his property title cleared. He met with the Council in February 1962, and they granted him a building permit to construct a house in the dedicated street located on 2nd North near the intersection of 2nd North and 3rd East Streets. He was informed that the City did not own the street, that it was dedicated for public use by the original sub -dividers and the Council had no authority to give the street to anyone and in their opinion the only way he might get title to the street would be by court action, however, they would meet with him at the property,in question at 11:00 a.m., Wednesday, January 3, 1974 to decide what stand would be taken by the Council. Councilman Elect Gerald Bonser, asked what action the Council was going to take in regard to the public hearing being held to grant an increase in rates to Utah Power & Light Company. It was the opinion of the Council that if anyone of them wanted to appear and represent themselves and not the City there would be no objection, however, they thought it was poor policy for the City to start appearing at rate increase hearings. Councilman Hammer made a motion to pay the bills as presented, seconded by Councilman Hawks and carried. The total cost of the Tri-Media Projection Equipment is $2651.86 payable to Barker and Jorgenson & Company in Salt Lake City, Utah. The City Council has agreed to loan one-half of the total cost of said Tri-Media Equipment to the Travel Council. The Travel Council is committed to and should sign a promissory note payable to the City of Moab to guarantee re -payment of the sums so advanced. Said Promissory xierreto be payable within two years. Councilman Weat made a motion to adjourn at 7:45 p.m., seconded by Councilman Hawks and carried. Attest: R. W. Ungerrecorder 1(Z t pi Wm. Dean McDougaldI ayor January 7, 1974 • A special meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order °by Mayor Wm. D. McDougald, 12:00 noon, with Councilmen Jacobs, Peterson, Bonser and Hammer, also present City Recorder Maxine Smith. Mayor MeDougald stated to the City Council that he does not intend to participate in any way, either directly or indirectly, in the selection and appointment of a City Council Member to fill the position created by his resignation. That the selection and election are entirely the perogative of the four remaining Council Members and that they should, in his opinion, be eonsidering this matter. There will be a Special Council meeting January 8, 1974 at 8:00 p.m. 39 special meeting c0 Tr M L) C.) Councilman Jacobs made a motion to adjourn at 12:10 p.m., seconded by Councilman Hammer and carried. Attest: R. W. Unger -Rey d r Wm. Dean McDougald-Mayo January 8, 1974 A special meeting of the Moab City Council was_held on the above date in the Council Chambers. The meeting was ealled to order by Mayor William D. McDougald at 8:00 p.m. In attendande were the Mayor, Councilmen Bonser, Hamner, Jacobs and Peterson, Attorney Ruggeri, Engineer Keogh and Recorder R. W. Unger. The minutes of the regular meeting held January 2, 1974 and special meeting January 7, were read and approved as corrected. Mr. Jay Holland, on behalf of,the Recreation Board, request- ed consideration toward the cost of water for the one block area of the Junior High School Athletic Field used for summer recrea- tion. The Recreation Board has no funds for watering and the School Board refuses responsibility for summer usage. Council- man Jacobs made a motion, seconded by Councilman Hammer, that the 1973 billing to the School Board for months of June, July and August be forgiven and that for the future although meters would be read, billing would be withheld for these months. The motion passed unanimously. Mr. Tom Stocks presented to the Council some points to ponder. One concerned, with or without City -County consolida- tion, the possibility of pooling mobile equipment maintenee for the City, County and School District. The other was a report that there had been no recent communication between the City Administration and Marvin Jensen of the BEM concerning proposed sites for land fill waste disposal. In this connection Canyon- lands National Park supposedly had material to fence an area of (10) ten acres and,equipment suitable for cut and fill. Councilman Hamner requested permission to pursue the possi- bility of consolidation of equipment maintenance. As Councilman Jacobs is already involved in the maintenance program, Mayor MeDougald asked him to investigate the matter and report back to the Council. Councilman Hamer assented. Harold Stewart proposed the annexation to the City of approximately (10) ten acres north of the Elks Club. Housing is being developed in the area and the desire is to secure City water and sewer services. His estimate was 750' of pipeline for each water and sewer. Initially (5) five sewer connections would be required to eliminate cesspools or septic tanks. Other than fire protection only (2) two water connections would be required in the immediate future. Mr. Stewart left some maps with the administration. A motion was made by Councilman Hammer, seconded by Councilman Bonser that the proposal be tabled for study. The motion was passed unanimously. Councilman Jacobs raised a question concerning a previous request from Mr. Jim Richardson for title to property where his residence is located. By discussion only, it was decided that Mr. Richardson should take whatever action he deems advisable to clear the title on property in question. Council- man Jacobs was to so advise Mr. Richardson. adjournment special meeting minutes approved Rec. Board exempt from summer water City -County pool equip. Park has material fence 10 acres Jacobs to investigate Equip. consolidation Stewart suggests 10 Acres for City 5 sewer conn. 2 water conn. for housing Jacobs to advise Richardson for title. Mayor McDougald briefly discussed the long range planning I highway by-pass 40 Jacobs to research Youth Corp Recorder to check Dal -Hod Contract policy for pay rates, etc. for employees purchase sump pump church check to be returned vandalism not being reported $40.00 for Police Basketball team gas heater order Nelson's $600.00 salary Unger -Recorder Nightingale appointed Council Assignments Council Adjournment and funding for a proposed highway by-pass on the east side of the City. He advised that the State Highway District Engineer was being requested to provide a survey for possible routing. Councilman Jacobs raised some questions concerning the Youth Corp employment situation as being participated in by the City. Answers not being available he was to investigate further while in Price on January 9. Councilman Jacobs voiced considerable dissatisfaction concern- ing the hours of delivery, inspection, weighing and dumping of road chips being delivered to stockpile by Dal -Hod Contractors. The Recorder was instructed to check for a contract and stop deliveries until the problems could be reconciled. Councilman Jacobs stated that a review was needed and at least some minimum policy established covering City employees in the street and water departments. This related to scheduling, pay rates, overtime, etc. He is to work with the Administration toward developing a policy. Councilman Bonser was also to review the Police department and determine whether similar problems existed there. ' Councilman Jacobs asked for some action bn his previous request for a new sump pump for the water department. One written and one verbal -quotation had been received. Councilman Bonser made a motion, seconded by Councilman Hammer that Councilman Jacobs and,Recorder Unger proceed with the purchase of a unit selected by Councilman Jacobs. The motion was carried unanimously. - A check from Church of St. Francis as a "Volunteer.Tax" was submitted to the Council. Following some discussion the Recorder was instructed to tactfully return the check and suggest that the money be paid direct to some charity or public service activity. Councilman Jacobs introduced a discussion on the apparent upsurge in vandalism in recent weeks. It was evident that many eases are not reported to law enforcement officers. , Nosolution was offered. The Recorder was directed to issue a check for $40.00 for the Police Basketball Team. This was done by general assent without motion or vote. Councilman Jacobs made a motion, seconded by Councilman Peterson to purchase a gas heater as replacement for unit borrowed from Nelson's Heating and Refrigeration for use at the=Visitors Center. After•reviewing applications Couneilman Jacobs made a motion, seconded by Councilman Hammer to hire R. W. Unger as City Recorder at a starting salary of $600.00 per=morith. The motion passed unanimously. To fill the Couneil seat van"+.-4 by Mayor McDnugald, Couneil- man Peterson placed in nomination Mr. Irvin D. Nightingale. Councilman Hammer placed in nomination Mrs. Ed (Marj) Tomsic. A motion made by Councilman Hammer, seconded by Councilman' Peterson to close nominations was passed. Following some discussion Mayor McDougald retired. A written, ballot was taken and the ballots were counted by Attorney Ruggeri. The vote was 3'feroNightingale and 1 for Tomsic. Thus Mr. Nightingale Was appointed'Councilman for a two year term. On return of the Mayor•the following Councilman,assignments were made: Gerald Bonser Dick Hammer Harold Jacobs I. D. Nightingale Keith Peterson Public Safety, -Drug & Alcohol Abuse - Parks, Recreation, Planning, Building Inspection & Health' Public Works - Administration and Finance Community Affairs On a motion by Councilman` Hammer, seconded by Councilman Jacobs the meeting was adjourned at 10:40 p.m. Wm. Dean McDougald- ayor 41 M VD U Attest: R. W. Ung er-Reco er January 15, 1974 Immediately prior to the meeting the Oath of Office was adminis- tered to Mr. I. D. Nightingale by Judge Crist. The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order at 8:00 P.M. by Mayor Wm. Dean McDougald with Councilmen Jacobs, Hammer, Nightingale, Bonser and Recorder Unger in attendance. The minutes of the special meeting, January 8, 1974, were read and approved on a motion by Councilman Hammer and seconded by Council- man Bonser. A discussion, participated in by Mary Williams representing the Grand County Travel Council, was held concerning the Inspection, main- tenance and repair of the Visitor Center building. Councilman Jacobs made a motion that the Council make further study of the lease, for- mulate a City policy and present it to other interested parties, seconded by Councilman Nightingale and passed. Representing Dal -Hod Contractors, Bob Dalton appeared before the Council and entered into a discussion of problems related to the delivery of road chips. Moab Street Supervisor, Lynn Day, also par- ticipated in the discussion. Arrangements were made for receiving and check -weighing trucks in cases of late arrival. A motion was made by Councilman Jacobs to take an additional 400 tons of available chips at a price of $9.23 per ton (covering increases in trucking costs), and that the Recorder should issue a purchase order covering the undelivered balance (approximately 800 tons) of original verbal order at $7.90 per ton plus the aforementioned addition, seconded by Council- man Hammer and carried. It was also decided to change lock combina- tions on City Yard gates. The question of continuing the Youth Labor Program under the Federal Comprehensive Manpower Program was tabled pending the acquisi- tion of more information. A motion by Councilman Hammer to pay the sponsor's fee for law enforcement personnel participation in the Men's Softball League in the amount of $75.00 for the year 1973 was seconded by Councilman Nightingale and,passed. A motion by Councilman Bonser to permit attendance at eight once-ppr-week sessions of a Waste Water Training Program in Salt Lake City by the sewer plant operator with transportation and $25.00 expenses allowed for oach session was seconded by Councilman Hammer and passed. The tenor of the Council was to utilize selected training programs where practical and beneficial, to befattended by personnel actively engaged in the type'of activity involved and minimize such attendance by administrative personnel. Resulting from an inventory of supplies and equipment it was decided to make an attemptto dispose of some surplus items that are of no use to the City. It was mentionid that the County had asked for assistance from the City for temporary removal and resetting of some trees in the Junior High School ballfield during regrading of the field. Council- man Hammer was -to -workout -details- with the County. Mayor McDougild stated that the extended grounds at the Visitor Center had not been landscaped. Former Mayor Bunce had requested a landscape study by Willis Hansen. Nightingale's Oath of Office Regular meeting Minutes approved Visitor Center inspection, main- tenance and repair Additional road chips from Dal -Hod Contractors Youth Labor Program Men's Softball League --law enforce- ment personnel Waste Water Training Program, Salt Lake City Disposal of surplus items Grand County --tree removal and resetting (Jr. High) Visitor Center landscaping 42 Police mobile radio maintenance costs Fertilizer availa- bility Councilman's and Mayor's salaries Dr. Munsey's damage claim Beer license --Four Corners Caribou Corporation Elected officials' severance pay Motion for special meeting, 1/18/74 Bills approved Adjournment Special meeting Visitor Cc: ;r maintenance agree- ment Visitor Center Custodial help Adjournment Councilman Bonser stated that he understood that maintenance service costs on the police mobile radios had been excessive. He asked that the Recorder present him with a record of these costs. Mayor McDougald stated that bagged ammonium sulphate fertilizers is not available. It may be necessary to take it in bulk,,or change to ammonium nitrate. A motion by Councilman Hammer to restore the salaries of Councilmen to the 1965 level of $150.00 per month and set the Mayor's salary at $300.00 per month, beginning January 1, 1974, was seconded by Council- man Bonser and passed. Councilman Jacobs cast a nay vote. A problem of several years standing concerning a damage claim by Dr. Munsey was brought up. Councilman Hammer made a motion that the claim be allowed, the Recorder balance the claim against the Doctor's indebtedness to the City and bring the matter to a close. Councilman Bonser seconded the motion and it passed. An•application was presented from Four Corners Caribou Corporation for a beer license. This Was to replace the former TangrenAs Maverick license. A motion by Councilman Hammer to grant the license was seconded by Councilman Nightingale and passed. Following some discussion, Councilman Hammer made a motion that elective officials not be allowed severance pay at the end of term in office. The motion was seconded by Councilman Nightingale and passed. Mayor McDougald called for a special meeting at noon, January 18, 1974 at the Apache Restaurant for the specific purpose of discussion problems related to the Visitor Center. Councilman Jacobs made a motion that the bills be allowed as presented, seconded by Councilman Hammer and passed. On a motion by Councilman Bonser, seconded by Councilman Hammer, the meeting was adjourned at 11:10 PLM. lPm. Dean McDougall, a a Attest: R. .Unger, corder January 18, 1974 Mayor McDougald called a special meeting to order on the above date at 12:00 noon at the Apache Restaurant. In•addition to the Mayor, the meeting was attended by Councilmen Jacobs, Nightingale, Bonser, Peterson and Recorder Unger. Bollowing a general discussion, it was decided that the Recorder should, in consultation with the City Attorney, prepare an Agreement draft to clearly define the areas of responsibility for maintenance and repait of the main Visitor Center building, for acceptance by bD b parties. It was also decided that prior to the need for employing`cus- todial help for yard care and public restroom maintenance at the Visitor Center tho City should'advertise in an attempt'to secure a contractor to perform this work on a seasonal basis. The meeting adjourned at 1:20 P.M. Attest: Wm. Dean cDouga ., `ayor R. gger, Re order February 5, 1974 43 The regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order at 8:00 p.m. by Mayor Wm. Dean McDougald with Councilman Jacobs, Nightingale, Hammer, Bonser and Peterson, Recorder Unger, Attorney Ruggeri and Engineer Keogh in attendance. The minutes of regular meeting held January 15, 1974 and special meeting held January 18, 1974 were read and approved on a motion by Councilman Jacobs and seconded by Councilman Bonser. Louise McKee appeared before the Council making a personal application for the job of supervising the swimming pool this coming summer. She made some suggestions concerning painting, lighting and chemical requirements. The application was referred to Councilman Hammer. Jim Helm appeared before the Council to voice his opinion and suggestions concerning dog licensing and leash law enforce- ment. It was his belief that by voluntary licensing, only one- fourth to one-third of eligible dogs are being licensed, thus limiting a source of revenue to the City. He suggested issuing court citations, similar to traffic violation citations, to the owners of unleashed and unlicensed dogs. Attorney Ruggeri ex- plained some of the problems in getting convictions on such cita- tions. The situation and suggestions were referred to Councilman Bonser for further consideration. City Police Patrolman Brent Duncan was in attendance and was called on by the Mayor. He stated that he was just visiting and observing. The Council approved the addenda form prepared by Attorney Ruggeri amending the Travel Council lease on the Visitors' Center in regard to building maintenance. Also approved was a rough draft of a proposed Contract for grounds and public restroom maintenance at the Visitors'.Genter. The Recorder was directed to advertise for applicantsto call at the City Offices for details toward submitting bid proposals. A communication from the Utah League of Cities and Towns outlined what was considered to be excessive diversion of State fuel taxes from the State Road Fund. It was requested that the City voice opposition and seek tighter fund control through State Senators and Legislators representing this area. A motion to this effeet was made by Couneilman Nightingale, 'seconded by.Coun- cilman Peterson and passed. Bids)were received for bagged nitrate fertilizer from Utah Cooperative Association and Intermountain Farmers. The bid from Utah Cooperative Association being the more favorable, it was ordered accepted on a motion by Councilman Bonser, seconded by Councilman Nightingale and passed. The Recorder waG a4^eeted to place an order immediately for the delivery of twenty-five (25) tons. the annexation request of,Harold Stewart with a limited engineering report was discussed and referred to Councilman Jacobs for further study. On the situation of unpaid water and sewer connection fees for Canyonlands Campark, at theisuggestion of Attorney Ruggeri the Recorder was directed to send wcollection letter withpa 30-day time limit for settlement or utility cut-off. Concerning the request of Mrs. MeElhaney for relief from pay- ment of monthly service fee for a sewer connection presently not being used, the Council decided that if she would agree to keep up payments of $25.00 per month on the note for connection fee and $6.00 per month for service fee, the total of $31.00 per month would be credited,toward retirement of the note. On completion of the note payments, other methods of abating the service fee would be considered. Regular meeting. Minutes approved. Swimming pool -- summer supervision. Dog licensing; leash law enforce- ent. offieer Duncan isiting--intro- duced. isitorst Center-- aintenance addends nd restroom main- enance contract. tah League of ities and Towns-- iversion of State uel taxes. agged nitrate ertilizer--Utah ooperative Asso- iation. arold Stewart annexation request. anyonlands Camp- rk--unpaid water and sewer connec- ion fees. eElhaney note. 44 Irish request -- out -of -service sewer connection use. Arches National Park septic tank wastes --billing. Service fees -- large water users. Water connection fees --excessive sizes. Sewing Center -- streets and alley Zoning ordinance. Warehouse and sto age license fees. Mileage rate in- crease. Disposal of dried sludge. Sounding of siren Solid waste dis- posal proposal. City Park main- tenance. Paving--3rd South Street. - Police activity monthly report. Sewing Center -- engineering work required. Keogh - surveying and The action on the Campark and McElhaney cases was affirmed by a motion by Councilman Jacobs, seconded by Councilman Hammer and passed. A request from Claude Irish through the Recorder to utilize an out -of -service sewer connection for a proposed building on an adjacent lot was. denied by the Council on the basis that the City Code requires individual water and sewer services for each establishment. _Dn a motion by Councilman Bonser, seconded by Councilman Peterson and passed, the Recorder was instructed to determine the frequency of billing desired by the National Park Service for the handling of septic tank wastes from the Arches National Park through the City sewage plant. The question was raised concerning a practical method of guarantee to the City that service fees for large water users would be paid more promptly than the present procedure leading up to the cut-off of service for non-payment. The question was tabled pending further study by Councilmen Nightingale and Bonser. A discussion was held concerning water connection fees of sizes in excess of those specified in the City Code. This was primarily related to the forthcoming sewing center 6" fire pro- tection connection. The indications were that when the time of decision arrives it will be on an actual cost basis. Also related to the sewing center was the question of nec- essary streets and alleys. No commitments will be made until engineering studies are available. The proposed revised zoning ordinance was briefly discussed but no action taken pending a possible meeting with zoning en- gineer Despain, Soil Conservation Service and County Commission. - The Recorder was instructed to make inquiry at ,the State offices regarding lieersing fees for warehouse and storage busi- nesses. A motion was made by Councilman Hammer, seconded by Council- man Bonser and passed to increase the rate for use of private automobile;fon City business to $.15 per mile. The Recorder was instructed to secure information from the State Health Board concerning the disposal of dried sludge from the sewer treatment plant. Councilman Peterson was asked to contact the telephone com- pany to learn the reason for discontinuing the sounding of morn- ing, noon and evening siren. Mayor McDougald requested that the Councilmen review the provisions in the State Solid Waste Disposal proposal in prepara- tion for the forthcoming hearing on the matter. Councilman Hammer stated that the maintenance service on the City Park at the swimming pool should be resumed about the end of March. He also requested a review of the wage scale for this work. Councilman Jacobs commented on the failing condition of the newly completed paving on 3rd South Street related to the Mill Creek bridge project. The Recorder was instructed to contact the State Highway Engineer_and arrange for an inspection prior to patching. Councilman Bonser presented the monthly report of Polio,' activity. He also submitted a proposal for an operating policy covering this Department. Engineer Keogh asked to be advised as soon as possible con- cerning the extent and imminence of engineering work required in respect to streets and utilities for -the sewing center. He also requested financial support for attendance at a surveying and 4 5 mapping seminar under the sponsorship of the American Public Works Association, to beheld in Salt Lake City, February 21-22, 1974. A motion was made by Councilman Hammer, seconded by Councilman Nightingale and passed to reimburse Mr. Keogh for one-half of his actual cost of attendance.. It was assumed that Grand County would carry the other half of expense. -On a motion by Councilman Bonser, seconded by Councilman Nightingale and passed, the bills as presented were ordered paid. The meeting was adjourned at 11:10 p.;m. on a motion by Coun- cilman Jacobs, seconded by Councilman Peterson and passed. Wm. Dean McDougald, Mayes Attest: R. W. Unger, 4corder February 19, 1974 The regular meeting of the City Council was called tc order i the Council Chambers on the above date at 8:00 p.m. by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs, Nightingale, Hammer, Bonser and Peterson; also in attendance were Attorney Ruggeri, Engineer Keogh, Recorder Unger and Deputy Recorder Mary Anne Horstmann as an observer. The minutes of the last regular meeting held February 5, 1974 were read. A motion for approval as read was made by Councilman Jacobs, seconded by Councilman Hammer and carried. Greg Gustafson appeared before the Council stating that the new restrooms at the Old City Park lacked protection against water damage to the interior walls. He submitted a bid to the Mayor for the installation of tile to protect exposed areas. Delbert Oliver appeared before the Council seeking a right -of way on City property for access road to a home site on the prop- erty Of his mother-in-law, Naomi Somerville. He stated that this property is completely surrounded by City property and he would need 360 feet in access length along the south side of the propert to eliminate traveling across an existing house yard to reach the home site. He would be willing to fence the roadway. Indirectly related to this the Mayor mentioned the desire of the County to remove a cattle guard and install a culvert on one of +he approach to the Old City Park. The Mayor and some Councilmen will make a physical inspection of the area before responding to Mr. Oliver, who requested an answer in about two weeks. The following motion was made by Councilman Jacobs, seconded by Councilman Bonser and carried: "Whereas, the duly appointed Planning Commission of Moab. City, has made a study of the zoning of the City and has recommended that the present zoning ordinance be substantially revised; and whereas, it is necessary for the City Council to hold a public hearing on all proposed amendments to the zoning ordinance; now there- fore, I move that a,notice of public hearing be pub- lished giving notice of the time and place of the pub- lic hearing, and that the public hearing be called for March 12, 1974, at 7:30 p.m. in the City Building at Moab, Utah." mapping seminar. Bills approved. Meeting adjourned Regular meeting. Attendance. Minutes approved. Gustafson bid on tiling restrooms at 01d City Park. Delbert Oliver right-of-way request. Notice of Public Hearing motion for zoning ordi- nance revisions. 46 Special Project, City/County Sur= vey Control -- Keogh Deposit require- ment recommenda- tion. Deposit require- ment resolution. ;Resolution carried4 Deposit policy: Drug abuse seminar Engineer Keogh explained his planning for setting control points for a mapping net in the valley and City. This.was pre- viously authorized by the County for an expenditure of $3,500.00 and the City -in the amount of $1,500.00 to determine the possible progress in a one-year time period. Mr. Keogh stated that he was ready to move into the field to accomplish the work for,one year. His planning indicated that completion of the entire sur- vey would require a,second year with a duplication of the ori- ginal budget. He indicated that there was no practical or economical way to do only half of the project with any benefit to either the County or City. He stated that the County Commis- sion was. agreeable to an additional year if also acceptable to the City. A motion directing Mr. Keogh to plan on a second year for completion, notify the County Commission of Council action and proceed immediately toward execution of the first year portion was made by Councilman Jacobs, seconded by Coun- cilman Bonser and carried: Councilman Bonser presented a,recommendation,congerning deposit requirements for water usage as prepared in conjunction with Councilman Nightingale. Councilman Peterson moved the passing of the following Resolution: "BE IT RESOLVED THAT the written guidelines pre- sented to the City Council concerning the collection of City water bills and more specifically relating to deposits, fees and rebates to be made in connection with water charges be adopted as written and a copy of said guidelines be made a part of these minutes." Said Resolution as presented was duly seconded by Council- man Jacobs and it was unanimously carried. The Mayor so ordered. The policy is as follows: "The City Recorder will determine the need and amount of deposit required for City water, sewerage and trash service for all applicants requesting these services. The following guidelines will be usedin- the determination of the need for and the amount of, deposit: "1. Single family residential dwelling: $25.00. "2. Mobile homes, either permanently located or in a trailer court:(except where master -metered): $25.00. "3. Small business and retail establishments hav- ing an average monthly service charge equal to or less than a typical residence: $25.00. "4. Large commercial and industrial users will pay a deposit in the amount equal to an average two (2) months billing. "5. Rdliable credit references furnished to the City Recorder by the applicant may be used to waive the need for deposit. "6. A deposit may be required from any customer at any time if payment record requires one. "7. A11 deposits made with the City of Moab will be reviewed after one year and refunded if payment history is acceptable." Councilman Bonser announced that he, Chief Dalton, Deputy Davis and others were to be in Salt Lake City February 25 through 28 attending a seminar on drug abuse as guests of the State of Utah. 47 ' The Recorder informed the Council that the dried sludge from sewage treatment plant was considered by the State Health Depart- nent to be not harmful to human beings and could be given or sold to anyone desiring to use it. It is low in nutrient value but makes excellent humus for trees, shrubs or orchards, but is not recommended for use on vegetable gardens or lawns. The Council agreed that it should be offered for sale under the direction of Councilman Jacobs and the plant operator. The suggested charges are $5.00 for a truck load up to 2-ton capacity or $1.00 for a pickup load. -Councilman Nightingale stated that he would be available on call to observe office procedures and assist toward possible im- provements. He expressed concern over developing the necessary background for preparation of the budget for next year. Councilman Jacobs stated that when he approached Harold Stewart with a rough estimate of $15,000.00 to provide water and sewer connections -to his Property, Mr. Stewart was considerably shocked. The Councilmen recommended a more detailed study toward developing a more firm cost estimate so that a definite response could be made to the Stewart request. The Recorder was directed to secure current prices on piping and related materials. C'7 C7 be delivered to the City on February 26, 1974. G1 U V flowers sent to the funeral of his mother. Councilman Peterson advised that a new flat bed truck would Councilman Peterson also expressed appreciation for the Councilman Peterson's information concerning the morning, noon and evening siren was that it was off temporarily due to con struction and alterations atlthe telephone office. Mayor McDougald briefed the Council concerning the forth- coming Peace Officers meeting to be held in Moab. Councilman Peterson discussed the availability of a portable car crushing facility for periodic visits to Moab and the possi- bility of organizing a pick up campaign to remove old cars from streets and lots. The Recorder was directed to check with Dale Despain concerning a proposed ordinance to facilitate this type of activity. Councilman Bonser reviewed the problem of handling dogs and proposed an advertising campaign to accelerate licensing and removal of strays. Mayor McDougald informed the Council that quotations were being sought for a new typewriter to replace old or faulty office equipment. The Mayor proposed the reappointment of Harold Gaither for afive-year term on the City Planning Commission, Councilman kammer for a two-year term as voting member on the Recreation Board and Councilman Peterson to represent the City on the Grand County Travel Couneil for a'four-year term. A motion to confirm t;,., nominations was made by Councilman Jacobs, seconded by Coun- cilman Bonser' and carried. Mayor McDougald_conducted an additional discussion on the Delbert Oliver request. It was decided that the Mayor, Council- man Jacobs, Engineer Keogh and the Recorder should make a physi- cal inspection of the area. It was reported by the Mayor that some orgainzations or groups of people in the community which are not public groups or organizations have abused the privilege of using the City's facilities heretofore extended to them. This matter had been discussed by the Mayor and County Commissioners. The Mayor reported that the County intended to restrict the use of its faci lities and suggested that the City Council might want to consider Dried sewage sludge. Nightingale --ob- servation of offic procedures. Harold Stewart water and sewer connection fee. New truck. Appreciation for Peterson's flowers Morning, noon and evening siren. Peace Officers Convention. Portable car crush ing facility. Dog licensing. Quotations on new typewriter. City Planning Commission appointmentp.Hee- reation Board & Travel Council appointments. Additional dis- cussion on Oliver right-of-way re- quest. Use of Couneil Chambers. 48 Bills approved. Meeting adjourned. Regular meeting Attendance Minutes approved Planned Parenthood McTaggart request -- irrigation ditch by Palisade Subdi- vision Maki request --sewer blockage and sur- facing near Wester- ner Grill restricting the use of the City facilities to organizations having a public purpose and to reasonable times which do not interfere with regular City business. Whereupon it was moved by Councilman Jacobs, seconded by Councilman Hammer and carried that the use of the City facilities be limited to those organi- zations having some public purpose or sponsorship and that such privileges be granted only at times and upon conditions that are reasonable and do not interfere with the regularly scheduled business of Moab City. The bills were presented and ordered paid on a motion by Councilman Jacobs, seconded by Councilman Hammer and carried. On a motion by Councilman Jacobs, seconded by Councilman Hammer and earried the meeting was adjourned at 10:45 p.m. Wm. Dean McDougald, Attest: R. W. Unger, R der March 5, 1974 The regular meeting of the City Council was called to order in the Council Chambers on the above date'at 8:00 p.m. by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs, Hammer, Bonserpand Peter- son; also in attendance was Engineer Keogh, Recorder Unger and Deputy Recorder Mary Anne Wbrstmann The minutes of the last regular meeting held February 19, 1974 were read. A motion for approval as read was made by Councilman Bonser, seconded by Councilman Hammer and carried. Mrs. Pat Colosimo from Price. Utah presented a proposal to establish a Planned Parenthood chapter in Moab. She explained that the project is funded by HEW, is basically aimed at low-income families to educate them in child spacing and direct them to local medical doctors for implementation. Family participation is on a voluntary basis. It would provide for extensive physical examina- tions for women. Minors are not permitted to participate without parental consent. Pregnancy tests, VD tests and treatment are available to minors without parental consent. The proposal was for a one-year trial utilizing, if possible. a local trainee on a half-time or 20 hour per week basis. A motif,,, grant a one year trial. subject to review at the end of the first six months. was made,by Councilman Peterson, seconded by Councilman Bonser and carried, with Councilman.Jacobs abstaining. Mr. Bob McTaggart expressed concern about an irrigation ditch bordering on the south of Palisade Subdivision that apparently is not a part of the Moab Irrigation Company system. It seems to be used at times by Pete Byrd. The problem is ditch blockage by trees, brush,and trash, causing periodic flooding in the residential area. Mr. McTaggart was seeking aid in correcting'the situation or usage to eliminate the flooding. Maypr McDougald requested that Coun- cilman Jacobs investigate and try to get the situation rectified. Roy Maki rendered a complaint concerning frequent sewer blockage and surfacing of sewage near.the rear of the Westerner Grill. This was to be investigated by -Councilman Jacobs, water and sewer employee _Johnson. Recorder Unger and Engineer Keogh. 49 M 714 Ca U U Mayor McDougald and County Commission Chairman Newell discussed the problems relating to solid waste disposal. It was agreed that the County Commission would take the responsibility of resolving the prob- lem for the entire area. Councilman Hammer moved the passing of the following resolution: "BE IT RESOLVED that the•City of Moab will cooperate with Grand County concerning the needs for solid waste disposal and will cooperate in working with the County when possible to utilize any facility developed by the County." The motion was seconded by -Councilman Bonser and unanimously carried. State Representative Silliman, being in attendance. was called on by the Mayor. Representative Silliman had some comment on the protest of the Utah League of Cities and Towns concerning the amount of State monies -being diverted from fuel tax funds to other than direct highway purposes. He stated that although the dollar amount of diversion had increased annually. so had income to the fund. Allocations from the fund are on a percentage basis regulated by statute. The percentage distribution rate has not been changed. He also commented on the solid waste disposal program proposed but gave no indication of what the outcome might be. He further stated that in his opinion the pro- posal to alter State laws on City/County consolidation to suit the needs of our area would receive good response from the legislative hearing committee. Street Superintendent Lynn Day stated that waste water treatment plant operator Matt Helmann was considering retiring in the near future and that Joe Severns was traindd in the plant operation and requested consideration when a job opening,occurs. Mr. Day also pointed out the problem of doing an effective job of snow removal or street sweeping with cars parked at the curb. Councilman Jacobs brought up,the subject of the lack of cdnsidera- tion by motorists when crews are working on thoroughfares with "working",signs posted. Several others offered comments., Councilman. Donser was to investigate methods of policing assistance to insure the safety of workmen. Engineer Keogh spoke on behalf of a study in progress toward the formation of -an improvement district from the south city limits to the County line (Brand/San Juan) for the purpose of making connections with the City sewer system. It was estimated that'Z75 to 300 families might be currently involved. The questions posed were whether the City would consider -such an activity and the cost of the activity. ,The Recorder was directed to determine the capacity of the sewer treatment plant as a prelude to further consideration. The problem of metering and collecting for water usage inthe Grand VieW Subdivision (County) was mentioned. The Recorder was authorized to take steps'to get back to billing on the bps: -f master meter readingi Councilman Hammer presented a reminder concerning a faulty meter box cover (under barricade) at the rear of Royce's Electronics. , Councilman Bonser presented the'Police,Department activity report for the monthqof February. He also reported that the drug abuse semi- nar attended by himselfi•Sergeant'Rowley, Deputy,Davis and others pro- vided an intense and well -organized program. ,In regard to -the Peace Officers meeting scheduled for June 6.8 in Moab..assistance was re- quested from Councilman Petersennand.others to supply necessary equip- ment. councilman Peterson outlinedrthe,program being worked up,by the Chamber of Commerce for'the-voluntary'disposal'of old cars., The Recorder was instructed to get a written statement from the insurance agency to determine the City's liability coverage and the protection of the owner of property on which the activity was arranged. Solid Waste Dis- posal (dump) to be taken over by Count) Commission. Representative Silliman--diversion of fuel tax funds & comments on solid waste disposal Matt Helmann con- sidering retirement. Joe Severns request. ing consideration for job opening. Safety of men work- ing in and on street Improvement district request for consid- eration Grand--V6elmsubd i vi - sion meter -reading prcblems. Royce's Electronics faulty meter box cover. Police Department activity report -- February. Drug abuse seminar Junk car disposal. 50 Despain attending 're -zoning hearing. Action to be taken re expired business licenses. Bills approved. lo. 3 spring in bad :ondition. adjournment. The Mayor reported that a final check would be made with Dale Despain concerning his attendance at the re -zoning hearing on March 12. The Recorder was instructed to write letters to holders of expired business licenses and if unsuccessful in response to resort to other appropriate measures. On a motion by Councilman Hammer, seconded by Councilman Peterson and carried, the bills were ordered paid as read. The Recorder informed the Council concerning conditions requiring attention at the No. 3 spring. The condition, weed cover and broken seal, permitting surface water intrusion, was i noted in an inspection made by Engineer Art Maxwell, Street Superintendent Day, water employee Johnson and the Recorder. K The meeting was adjourned at 11:15 p.m. on a motion by Coun- cilman Jacobs, seconded by Councilman Hammer and carried. 1 Attest: 4 R. W. Unger, a order, Ghn. 1� bean PcDougald, March 12. 1974 Special meeting-- 5 A special meeting of the Moab City Council. on the above date. zoning hearing. was called to order at 7:30 P.M. by Mayor McDougald for the pur- pose of holding,a'public hearing on the proposed revised zoning 1 ordinance. .In attendance were Councilmen Jacobs. Hammer. Night- ingale. denser end.Peterson. Attorney Ruggeri, Engineer Keogh. ► Recorder Unger and Consultant Despain, Planning Commission Chairman A11en.'mmemmbers Gaither and Knowles, plus about thirty, citizens. Extent of revisionss, Consultant,DeSpain was, introduced by the Mayor to,explain to old zoning or- the proposed ordinance and then field questions. He'stated that dinance. z the major alterations, over the existing ordinance.concerned a tightening of controls in the flood control zone and establishing I; regulations for,the future covering large-scale developments per- , taining to mobile homes and subdivisions plus minor expansion of commercial areas. "Recreational vehi-- He,then requested questions that had been posed to the cle" definition, Recorder in days prior to.the hearing:. One question pertained to etc. the definition of the:term *recreational vehicle". Mr: Despain stated that the definition as stated in the ordinance is atireet squotation from the description as adopted by the State Legisla- tore in 1971. HoweVer. it was noted that,the complete action of the Legislatureipertained to structural` requirements. Recreational vehicli Kirk Allen: in eehjunction with several citizens, -not as. parking restrictions; an organized group, voiced dlssention to the parking Pestric- tions on such vehicles, particularly in the.ptck-up-mounted can-' e per claswas spucjfied An the last paragraph-of.Section-02:0627 (p. 22). The Miype responded that the City"required,an ordinance that could be enforced. when needed. Mr.-=Allen'statdddthat regu i lation could be.controlled at the discretion of the enforcement officer. Mr. Byrd:questioned the validity of placing discretion- ary powers ,in the:hinds of the Police, such -powers being more ;properly held by the courts: In the interest of.moving on to other subjects. Mr. Despain. suggested that the-protests:and-com- ments be noted for study prior to,final adoption of the ordinance. 4 Councilman Peterson said:that he.believed the,purpose was to pre- -lvent the storage of such vehicles on the streets. 51 As a point of information, Les Erbes commented on the differ- ence between a mobile home subdivision and a mobile home park, plus the lot size requirements for a subdivision that would also be in keeping with the possibility of building permanent homes if desired. Lawrence Day asked if the proposed ordinances included any changes that would have an effect on non -conforming lots of record. Mr. Despain's answer was yes and he explained Section 02.0703 (p. 28). Another question that had come to the Recorder related to the permission to pasture animals in an R-1 residential zone (p. 46), which also passes on the same permission to zones R-2 and R-3. This was noted for future reference. Pete Byrd stated that in his opinion the market for larger lots and homes in Moab is now dead. The Knights, new owners of Holiday Haven, pointed out that while the area requirements (Section 02.0956.03, p. 51) for a single unit i multiple dwelling areas might be adequate, the minimum area for addi- tional units was inadequate. This point was placed on the further study list. It was pointed out that double (parallel) driveways are per- missible completely to the property line of a lot. but covering is restricted to Code clearances. It was also pointed out that tandem parking in driveways is undesirable. G. U. Foote asked if an existing.earport within four feet of the rear of a lot and with an existing roof could be completely enclosed. The concensus was that the existing construction. although non- conforming. could not have any further non -conforming addition. Dissatisfaction was voiced concerning Section 02.0609 (p. 13) regulating the storage of commercial vehicles, particularly the re- I striction against parking on lots. Mr. Oespain was to take the off- street parking portion under advisement. At this. or some other. time during the zoning discussion. Mr. Despain stated that a zoning ordinance cannot legally regulate the use of streets. This is a separate matter and is the subject of.proposed amendments to existing street usage ordinances being studied in another proposal which must be written in a manner not in conflict with zoning regulations. The questions was asked regarding can an existing non -conforming property be sold without changing its.non-confirming status. The answer was yes. LeGrand Pritchard suggested that the control of parking of com- mercial,vehicles on residential streets could be achieved by estab- i llshing and posting suitable load limits on any street In questions The restriction against storage of obsolete vehicles stored in yards prompted a question for definition of obsolete vehicle. The answer was. one that will not operate under its own power. This t*iggered considerable discussion concerning the intent;.,...,f repair or rehabilitation as opposed to out -right abandonment. Building and Health Inspector Shaffer asked how condition or use could be lost_ The answer was that confirming condition ceased to exist for one year it be resumed. a non -conforming if the non - could then not Another question received by the Recorder related to the possible; effects,on assessed valuation in areas where a zoning designation mayl be changed. The County Assessor had previously indicated that his appraisal would be on property use rather than zone designation. How- ever, it was the opinion of Mr. Despain that resulting from State appraisal for equalization purposes, the value of property, vacant land,or in use. would be based on its use potential under zoning rather than its actual use. ti Mr. Despain briefly discussed C-2 (commercial/residential), C-3 ( and C-4 zoning purposes. They were composed of those considered to be, the best throughout the State and are in force in Cedar City where they are well -liked. { Lot sizes. Section 02.0703 (0. 28). R-1 residential zone (p. 46); also R-2 and SO. Large tot, market. Section 02.0956.03 (P. 51). Driveways. Enclosing an exist- ing non -conforming carport. Section 02.0109 (p. 13). Sale of noncon- forming property. Posting street load limits. "Obsolete Vehicle". Loss,or continued use of a non -con- forming condition. Assessed valuation where zone has been changed. C-2. C-3 and C-4 zones. 5`L 1 Economic Coordinator Don Hoffman stated that he thought the, City was extremely limited for industrial sites. Mr. Despain explained that most industrial developmept would probably occur in the County and that the County is intetested in adopting ' zoning compatible with that efcthe City so, if desired, the `: problem of annexation would be minimal. Jay Holland requested that the area at the extreme west end of 4th North Street, approximately 400 feet in width Para- ; llel to the street. now zoned A-1, proposed to change to RA-1, be actually rezoned to C-4. This was earmarked for study by Mr. Despain. Mobile Home Parks. The Recorder passed along another question relating to the effect of rezoning on existing mobile home parks should they wish to alter lot sizes to provide increased space for each , unit. The answer was that changes could be made if they were done in a manner moving toward the proposed zoning requirements for future developments. Steen rezoning re- Any Steen requested a change in zoning of a small area on quest. the west side of North Main Street from residential to commer- cial. This was assigned to further study. Knight's opposition.' Mr. Knight voiced opposition to the commercial zoning re - etc., to Holland quest pf Mr. Holland. but stated that if granted he wanted the request. approximately 400-foot wide strip along 4th North extended. from the eastern end of the Holland request, east to 5th West Street. Industrialfsites. Zoning change re- quest. (Holland) Parking cars or trucks on lots. Close of public, hearing. Changes: Section 02.0627 (p. 22). Kirk Allen again raised the earlier issue in favor of park- ing cars or trucks on occupidd or unoccupied lots even though they might be restricted on the streets. As no new points were being raised, the Mayor closed the public hearing at 9:40 P.M. and continued with a session with the Planning Commission members and the City Council. Two or three citizens remained. The following items were reviewed: Section 02.0627. last paragraph (p. 22). parking of recrea- tional vehicles. Change from "public street" to "residential street". Make compatible with proposed street ordinance amend- ment. Section 02.0950.02, Section 02.0950.02, paragraph F (p. 46), use requirements paragraph F (p. 46). in R-1 residential zone. Strike "and the pasturing of animals only." Section 02.0956.03 Section 02.0956.03 (p. 51), area requirement, R-3 reslden- (p. 51). Itial. Change "and one thousand (1,000) additional square feet" ;to "and two thousand (2.000) additional square feet. Section 02.0609 (p. 13), storage of commercial vehicles in ,residential zone. Change from 1 tonito 2 tons. Jay Holland reitterated his request for commercial zoning. ,The opposition had departed. The tenor of the Council was to accede to the request. Section 02.0609 (p. 13). Holland reques+. Steen request. Attorney Ruggeri directed to make changes. The Steen re -zoning request has covenant restrictions and .requires further study by the City Attorney. On a motion by Councilman Nightingale. seconded by Council- man Hammer, Mr. Despain was directed to make the above -noted changes in the proposed zoning ordinance, with exception of the item under study by City Attorney, and submit the ordinance, as ,revised. for adoption by the Counbll. Motion carried. Flood controle-insur- Planner Despain brought up the subject of flood control and ance. -its relationship to flood insurance. Councilman Jacobs stated 53 that the City was studying and activating measures to improve the flood control situation. At this point the matter was dropped. The Mayor called for adjournment at 10:30 P.M. Attest: R. .Unger. i�eifo March 19, 1974 A regular meeting of the City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 8:00 p.m. on the above date. In attendance were Councilmen Jacobs. Hammer. Nightingale, dosser and Peterson; alsooin attendance were Attorney Ruggeri, Engineer Keogh, Recorder Unger, Assistant Recorder Mary Anne Horstmann and Street and Water Superintendent Day. The minutes of the last regular meeting were read and correc- tion was submitted by Councilman Jacobs. On a motion by Councilman Bonser, seconded by Councilman Jacobs and carried „the minutes were accepted as corrected. Due to the indicated load for the meeting. the minutes for the 1 special meeting concerning the rezoning ordinance were ordered held over until the next meeting. Mr. Jack Beeson, Utah State Highway Maintenance Supervisor for this area. introduced Alfred Richees. Highway Encroachment officer for the area. whose purpose was to enlighten newly -elected Council- men And recently hired City employees concerning certain aspects of the State regulations related to highways. One item concerned the requirement to file a request for permit to excavate on highway right-of-way for water or sewer purposes whether on an emergency or preplanned basis. His other point covered Federal safety regula- tions covering the proper warning and safety signs to be posted when workmen were engaged on State "B!.or ".C" roads and he suggested that the same regulations be followed on the City streets. Coun- cilman Jacobs asked how much time is required to process a permit. ; The answer was normally 4 to 5 days.• Question --does new signing ( regulation meet OSHA -standards? Answer, yes. Question --in addition to itigns, when is a flagman required? Answer, whenever traffic is being diverted into a lane normally traveled in the opposite direc- tion. Councilman Hammer asked about the use and spacing of 36" high) cones. The answer was they should be, spaced sufficiently close to prevent trafficcfrom passing through the line, about 25-30' apart and a sufficient distance to gradually shunt traffic around the work! area. Councilman Jacobs asked whether a contractor on a City job on State highway right-of-way was responsible to the City or to the S*A*e. Answer, to the State. Councilman Hammer raised a question - concerning mid -block crosswalks. The State indicated opposition to them. Highway Supervisor Beeson pointed out the existence of a school crossing near Mt. View Subdivision that terminates in a dead-end, there being no sidewalk or other area for pedestrians to step to from the roadway. Adjournment. Regular meeting. Minutes approved. Minuttes held over. State regulations in regard to high- ways. A motion was made by Councilman Hammer. seconded by Councilman Crosswalk Nightingale. to eliminate the intermediate crosswalks on Main Street between Center and 1st North and Center and 1st South. After' some discussion, Councilman Hammer made a motion, seconded by Councilman Bonser. that the first motion be tabled pending further study. The motion was carried. discussion 54 Moab Irrigation Company --Visitor Center Park ditch. Southeastern Utah Fine Arts request to use City Park. Utah League of Cities t Towns -- assistance in busi- ness office proce- dures. Replanting trees re- moved from Jr. High field. Willis Hansen --Chair Shade Tree Committee Hospital fertilizer request. Informal meeting-- 3/21/74, 10:00 a.m. Street maintenance- - "C" reads. dedica- ted roads. Proposed Spanish Valley Improvement Districe (w/s). Bids for sewer materials. Mr. James L. Walker, representing the Moab Irrigation Com- pany, appeared before the Council to discuss the condition of the ditch through the Visitor Center park. He stated that it was believed a section of the ditch bank would not hold water where it had been dug out for the placement of rock lining, per land- scaping plan. Material being available to correct this weakness, Street Superintendent Day was instructed to complete the work before the scheduled turning in of water. Mr. Walker's other problem related to establishing responsibility for cleaning of trash grate at head of culvert where the ditch leaves the park to flow under the highway. The Irrigation Company wishes to place this responsibility on the City as indicated in a letter of nearly a year ago directed to Mayor Bunce. Replying to this request was deferred until it can be determined what, if any, kind of response had been made by the former Mayor. Nik Hougen. representing the Southeastern Utah Fine Arts Guild, called attention to a letter of request that had been sent to Mayor McDougald seeking permission for use of the City Park for a spring festival. The Mayor mentioned a visit by representatives of the Utah League of Cities and Towns and stated that a possibility existed for securing professional assistance to review City business office procedures. There was no dissent from the Council. The Recorder was instructed to check with County Commission Chairman Newell about replanting the trees that had seen removed by City employees from the Junior High School athletic field to permit field grading by the County. The Mayor announced his selection of Willis Hansen to serve as Chairman of the Shade Tree Commission. The appointment was approved on a motion made by Councilman Hammer. seconded by Councilman Peterson and carried. The Recorder was instructed to ask the hospital to reduce its request for the purchssedof fertilizer from one ton to 3/4 or 2/3 ton. The Council agreed to meet informally at 10:00 a.m. Thurs- day, March 21, at the Visitor Center for a general inspection of the area. A discussion was held concerning streets being maintained by the City as related to dedicated streets and streets desig- nated for State "C" road funds. The Recorder was instructed to secure a copy of the State map showing "C" road designations for comparison with City Engineer Keogh's City street map. On the subject of the proposed Spanish Valley Improvement District pertaining to sewers, copies of a letter, outlining the capacity of the City sewer plant, from Nielsen, Maxwell and Wangsgard'had been made available to councilwirn,, On the basis of average per capita requirements. the plant capacity was in- dicated as adequate to handle the addition of the Spanish Valley load. Councilman Bonser pointed out that the measured flow through the Plant was in excess of the per capita average. Fur- ther discussion brought out the probability of water infiltra- tion into the system, particularly in the section between Pali- sades subdivision and the treatment plant. The consensus of the Council was to be receptive toward cooperation with the Spanish Valley group if legal and mechanical problems can be resolved. The Recorder informed the Council that bids were being sought for materials required to replace an old and bad sewer main in two sections between the Maverick service station and the south side of the Standard 0i1 Company bulk plant. Federal qualification The Recorder stated that es directed by the Mayor, the City for flood loss would seek Federal qualification to make flood loss insurance insurance. 'possible for property owners to buy. 55 co CO Ca The Recorder announced that a letter had been formed and would soon be ready for mailing to resolve the problem of City participa- tion in water distribution in Grand View Subdivision. A proposed road access easement agreement for Delbert Oliver was presented by the Mayor and approved on a motion made by Coun- cilman Jacobs. seconded by Councilman Harmer and carried. A determination was requested from !the Council concerning the continuation of a life insurance policy for former Mayor Dunce in the City group plan. On a motion made by Councilman Jacobs, seconded by Councilman Hammer and carried. the insurance would be permitted to continue with the provision that Mr. Bunce pay his own premiums. The problem of dogs, particularly in Palisades area, was again discussed. It was decided to direct the Animal Control Officer to start issuing Court citations to owners of loose dogs he is unable to impound. beginning on April 1. 1974. The Mayor announced that there would be a meeting at 9:00 am. on April 1, 1974 to receive Governor Hampton arriving for a two-day visit in Southeastern Utah. The Mayor proposed the following salary increases: Recorder. r $75.00 per month; Assistant Recorder. $50.00 per month; and Clerk , Lish. $25.00 per month, to become effective beginning April 1, 1974.' On a motion bade by Councilman Hammer. seconded by Councilman Nightingale and carried. it was so ordered. The Mayor recalled that no response had been made to the re- quest of Nik Hougen for the use of City Park in May for a spring festival. A motion made by Councilman Hammer, seconded by Coun- cilman Bonser and carried granted permission for the usage by the Southeastern Utah Fine Arts Guild with the provision that on com- pletion of the festival all materials used and trash developed would be cleaned up by the users and the Park be left in its former condition. Grand View Subdivi- sion water distribu- tion problem. Delbert Oliver easement. Continuation of Winford Dunce on life insurance group plan (city's) Dog problem, Pali- sades. etc. Rampton;arriving. 4/1/74. Salary increases. Southeastern Utah Fine Arts Guild re- quest to use City Park -approved. Councilman Hammer stated that bids and employment applications Park. etc. bids & for Park and Visitor Center grounds were under study. w employment apps. A motion made by Councilman Bonser, seconded by Councilman Hammer and carried. directed that the following items be entered into the minutes: AS part of agreement on property transfer related to 4th East Street realignment and extension. the Jehova Witness group has been set up on a payment schedule for curb and gutter and have made a token payment. Legal service was received by theCityon February 21. 1974, Jimmie,Richardson requesting the Court to establish boundaries on Jimmie Richardson boundaries. property. The action was not answered within the 20-r! "me limit., so Richardson will be satisfied by default. Servicd papers are in the hands of Attorney Ruggeri. A motion made by Councilman Nightingale, seconded by Councilman Bills approved. Jacobs and carried directed that the bills be paid as tabulated. Mr. Walker asked about availability of dried sludge from the sewer plant. He was informed that it'was for`sale and was being advertised in the local newspaper. On a motion made by Councilman Bonser, seconded by Councilman Adjournment. Jacobs and carried, the melting was adjourned at 11:3i p.m. Enter,into;minutes: Win. (Itan l aid, Mail Attest: Curb & gutter-- Jehova Witness Dried sludge availa• bllity. R. W. nger. Re'corder 56 Regular meeting Waiver of reading of minutes Minutes approved Ute Circle Park caretaking during summer season Citizens w/appoint., Daughtee water bill; Grand View Subdivi-I sion water distri- bution system Water & sewer April 2. 1974 The regular meeting of the City Council was called to order in the Coungqi1 Chambers by Mayor Wm. Dean McDougald at 8:00 p.m. on the abovE date. In attendance were Councilmen Jacobs. Hammer, Nightingale. Bonser and Peterson. Attorney Ruggeri„ Engineer Keogh and Recorder Unger. The Mayor informed the Council that because copies of the minutes were made available to them for reading prior to the meeting. it was permissible to approve or correct the minutes as written. without reading in the meeting. As most of the Councilmen had not read the minutes of the March 19. 1974 meeting. they were read. On a motion made by Councilman Bonser, seconded by Councilman Hammer and carried, the minutes were approved as read. Councilman Hammer brought up the question of care for Ute Circle Park for the coming season. it being understood that State Patrolman Schiffman, former caretaker, is to leave soon. Following some discussion, a motion was made by Councilman Bon- ser to award the job to City Police Sergeant Rowley. upon Schiffman's departure. The motion was seconded by Councilman Hammer and carried. Compensation for this job is remission of City utility charges during the caretaking period. None of the citizens with scheduled appointments appeared. Mrs. Roy Daughtee appeared in protest to the size of latest water billing. Following some discussion and review of meter book, a motion was made by Councilman Nightingale, seconded by Councilman Peterson and carried with a nay vote by Councilman Bonser to adjust the billing from a usage of 46.000 gallons to a two-year average of 7.500 gallons for the billing period. Although no one from Grand View Subdivision appeared. a discussion was held among the Councilmen, with the limited in- formation made available by the Recorder, seeking a means to establish a more firm and regulated manner by which the system could be operated. The problem seemed to bill down to the property owners organizing in some manner to purchase water through the Clty's master meter and handle their own distribution. billing and collections or to bring the system up to standards suitable for the City to be able to accept for operation as is normal within the City limits or with individual connections from City mains. The City would assist in establishing accep- table standards and recommend consulting or constructionservice capable of doing the work. As an interim measure, hopefully to spur the property owners into action, a motion was made by Councilman Bonser. seconded by councilman Hammer and carried that City water be furnished to Grand View Subdivision through one master meter and pro -rated equally to each user until such timo that the subdivision water system be brought to a , standard that the City can accept the system. The Recorder was instructed to contact William Green and discuss the situation further before changing the billing procedure. Bids as follow for sewer pipe werevopened: bids 1. Waterworks Equipment Company, salt Lake City: 676' 8" Class 1.500 Fluid -Tice Asbestos Cement Sewer pipe. $2.05/ft. Firm for 30 days from Marth:22. 1974 F.O.B. Moab Delivery 8 weeks $1,385.80 2. Ed's P1umbAng Shop. Moab: 680' 8" asbestos cement pipe. $1.80/ft 1.224.00 3 48" concrete cones. $66.73 each 200.19 6 4" grade rings, $12.02 each 72.12 3 24" ring and cover, $96.73 each 290.19 57 3. Grand Junction Pipe & Supply Co., Grand Junction, Colorado: 676' 8" CL 2,400, asbestos -cement, non- pressure sewer pipe. including couplings, rings & lubricant. $1.58/ft $1.068.08 3 48" ASTM C478 reinforced concrete manhole cones. 3" high without steps. $56.30 ea168.90 6 26" I.D. reinforced concrete grade rings. 4" thick. $7.00 each 42.00 3 24" 02500 cast iron manhole rings and covers. $69.50 each 208.50 F.O.B. truck In Grand Junction Delivery charge, all on one load 150.00 Delivery, 3 days The Council indicated preference to accept bid of Ed's Plumbing on the condition that the bidder provide in writing a class description of pipe. the F.O.B. point and freight charges, if any. and delivery time required. If answers to the above were suitable. the bid would be accepted. An application for beer license from Everett Anderson. dba 5 C's (formerly Gordon's 7-11). had been cleared by the Police and was presented to the Council. A motion to grant the licence was made by Councilman Jacobs, seconded by Councilman Hammer and carried. Bids on maintenance for the Visitor Center were discussed. As one bid had been accepted after the closing date, the Council rejected all bids and directed that the job be advertised for rebidding. Councilman Hammer announced his recdmnendations for per- sonnel to operate the swimming pool for the coming season. Scheduling and operating details will be studied. A motion was made by Councilman Hammer, seconded by Coun- cilman Peterson and carried to pay Robert Hawks $50.00 per month from May 1 through October 31 this year (1974) for the addition- al trash pick up at City Park and Visitor Center. The new rest rooms at Old City Park were discussed as re- quiring additional work to be brought up to suitable standards. The needs are for tile or other waterproof protection on interio walls, toilet partitions and entry vision barriers. Quotations will be sought from several local contractors to bring the work to completion. Street Superintendent Day commented on the problem of irri- gation water flawing in the gutters on 1st North Street and the water users making earthen dams in the gutters to divert water onto their yards. This makes street cleaning diffidult and can be damaging to bituminous surfacing adjacent to concrete gutter. No economical solution to eliminate the problem was forthcoming. It was agreed that the most acceptable operating bo,ution would be the use of small sand bads by water users with removal from the gutters when not required. Councilman Nightingale requested an organizational chart,_of City employees and a log of all contracts. agreements and bondin commitments.of the City. Councilman Bonser announced that his final draft of policy and organization for the Police Deportment was ready for typing and distribution preparatory to adoption by the Council. Councilman Jacobs voiced his disapproval of any City employ ees working on Sunday except In cases of emergency. Mayor McOougald asked for assistance in acquiring a volun- teer group to clear and burn weeds between the highway and ditch south of Visitor Center. Councilman Hamner suggested requesting the Fire Department to take the job as a training project. Everett Anderson (5 C's) beer license application Visitor Center main. tenance bids Swimming pool per- sonnel recommenda- tions Trash pickup. City Park & Visitor Cen- ter (seasonal) Old City Park new rest room --addition. al work required Irrigation water in gutters Organization chart, log of contracts & agreements & bonds Police Department policy Sunday work by City employees Visitor Center --vol- unteers to burn weed Cleanup campaign contest Sinking 3 spelling curb & gutters Manzanares inability to pay improvement district assessment Bills approved Adjournment Regular meeting Minutes approved U. S. Forestry Serfs vice sewage dispo-' sal K. D. McDougald zoning request. Moab Lodgings. Inc. (Golden Spike) liquor license request Councilman Peterson announced thatthe cleanup campaign wanted to sponser a contest between groups for the most trash collected on Saturday. April 6.. The Junior Chamber of Commerce would weigh loads over the City scales and judge the contest. He proposed a $25.00 cash prise fpr_t8e winner to be paid by the City. The Council agreed to the proposal. Property owner Dauenhauer at 394 Moenkopi had reported to the Recorder a sinking curb and gutter. Councilman Jacobs is to investigate. It was also suggested that the concrete con- tractor for this_area of improvement district be contacted and asked to inspect this and the spelling curb on.Wingate. A complaint if inability to pay assessments in improve- ment district bonds was presented on behalf of Mr. Manzanares. The Council agreed to take no legal action at this time. A motion was made by Councilman Nightingale. seconded by Councilman Jacobs and carried to pay the bills as presented. Adjournment was by mutual agreement at 11:15 p.m. m. an McDougald. M,yor Attest: R. W. Unger. Redorder April 16, 1974 The regular meeting of the City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 8:00 p.m. on the above date. In attendance were Councilmen Jacobs, Hammer, Nightingale and Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Bonser was absent. On a motion by Councilman Jacobs. seconded by Councilman Peterson and carried. the minutes of the April 2. 1974 meeting were approved as delivered to the Councilmen. Roger M. Thomas appeared on behalf of the U. S. Forestry Service concerning disposal of sewage from their rest room facilities. Permission was granted for them to use a manhole south of Mill Creek near the dead end of 1st West Street for dumping without restriction on hours. The fee, to be paid annually by Forestry Service tabulation. was set at $2.50 per year or $.50 per 100 gallons. whichever is greater. K. E. McDougald appeared before the Council in opposition to the proposed rezoning ordinance as it applies to changing his property on North Main near 5th West scheduled to change from C-2 to C05. He elso expressed a desire to add four acres of adjacent land bordering on 5th West and rezone from R-2 to C-2. Council elected to take first item under advisement. On the second item. a motion was made by Councilman Hammer. seconded by Councilman Nightingale and carried to handle the request under the prescribed procedure for zoning changes. A motion was made by Councilman Jacobs. seconded by Councilman Hammer and carried that the McDougald property presently zoned C-1 and C-2 be established as C-2 rather than C-5 under the proposed zoning before the new ordinance is adopted. Ron Robertson for Moab Lodgings. Inc.. new owners of the Golden Spike Restaurant, appeared before the Council request- ing approval by the Council for a letter to the Utah Liquor ;5 9 Control Commission to permit transfer of the mini -bottle license to the new owners. A form letter provided by the Liquor Control Commission being available. the Recorder was authorized to sign the letter on behalf of the City of Moab by a motion made by Councilman Nightingale. seconded by Councilman Jacobs and carried. K. E. McDougald again requested audience. He was concerned about several pieces of property fronting on the east side of 5th West Street and immediately south of 4th North Street which is presently zoned C-2.and proposed for C-5 classification in the new zoning ordinance. He requested that ibis also remain C-2., The map shows this property extending in depth 75 feet from 5th West Street. This footage was questioned and is to be investi- gated. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried. to request Dale Despain to not change the zoning classification on the new map. Councilman Hammer read the bids for May - September mainten- Visitor Center main- ance at the Visitor Center. They were: , tenance bids: 1. Olen Sheets, $400.00 per month, for a total cost of 52,000.00. 2. Charles D. Pipkin, $545.00 for May and 5375.00 per month CYD da thereafter. for a total cost of 52.045.00. f=) 3. James R. Tibbetts, $500.00 monthly, for a total cost of U 52,500.00. K. D. McDougald zoning request 4. James L. Walker. S550.00 monthly. for a total cost of $2,750.00. 5. Nik L. Hougen, $600.00 monthly, for a total cost of 53,000.00. It was ordered that the minutes show Olen Sheets to be the low bidder; further, that the bid award wouldribe made at the next regular Council meeting. N. S. Christensen. Chairman of the Grand Valley Fire District. Fire District funds can assess up to a 4 mil tax levy and borrow money on revenue requested anticipation. Their immediate desire is to secure direct aid from the City and County, keep their mil levy down and not have any interest to pay. The first goal is to acquire a new, small fire truck and additional building space. It was reported that the County had agreed to contribute 530.000 at the beginning of 1975. The request to the City was for $20,000 as soon as possible. The lesser amount is to be used for a new truck and the greater amount for building later. The emphasis is on speed for the purpose of securing a reduction in fire insurance rates. The Council agreed to take the matter under advisement. Building Inspector Shaffer informed the Council of problems Mobile home place - being encountered with requests for placing mobile homes, some ment problems (zon- permanently, outside of 1-4 zones. There was consida,.:,... dis- ing) cussion. No zoning changes were suggested. •The redefining of a mobile home into a pre -built. pre -fabricated or conventionally constructed building was not resolved. On a motion made by Councilman Nightingale, seconded by Coon- Bills approved cilman Peterson and carried. the bills were ordered paid. The Recorder presented a letter at the request of the Ramada Ramada Inn liquor Inn for City approval of a mini -bottle permit application to the license request State Liquor Control Commission. A motion made by Councilman Hammer. seconded by Councilman Nightingale, authorized the Recorded to sign the letter for the City. Consideration of ordinance 1-73 was tabled by a motion made Ordinance 1-73 (zon- by Councilman Hammer, seconded by Councilman Nightingale and ing) carried. Due to the time and the absence of its sponsore the proposed Police Dept. per - personnel policy for the Police Department was tabled on a motion sonnel policy made by Councilman Hammer. seconded by Councilman Jacobs and carrird. 60 Laundromat licensin Police Department storage room IBM typewriter order Spanish Valley Im- provement District Expanlion of State yard, etc. City clean up City clean up prizes Budget work begun Pool foyer use approved Tree watering Spelling curbs d gutters L. H. Woodward Ae- linquent licenses Meetings - 7:30 5th West Street status Adjournment A request by the Recorder for a Council study on laundromat licensing fees was tabled on a motion made by Councilman Jacobs. seconded by Councilman Hammer and carried. Mayor McDougald stated that he Was negotiating with the County to rent a room in the basement for the Police Department storage. Councilman Hammer made a motion, seconded by Council- man Jacobs and carried. that the Mayor attempt a trade for space used y Economic Development rather than an additional rental. The Recorder reported that he was holding a wtitten quota- tion for an IBM typewriter and had only been able to secure ver- bal inability to quote from Spencers' and The Times Indepen- dent. in a motion made by Councilman Nightingale. seconded by Councilman Jacobs and carried. the Recorder was authorized to order the IBM machine. On a motion made by Councieinan Nightingale. seconded by Councilman Jacobs and carried. the City will direct a letter to the proper authorities la support of the Spanish Valley Improvement District. The question was raised concerning zoning requirements for the State Highway Department to expand their yard and building facility on Kane Creek Boulevard. The Mayor was to present a proposal to the Planning Commission. The Mayor complimented Councilman Peterson on 'lie success of the Spring City cleanup program. Councilman Peterson also was complimentary toward the Moab JcC.'s for theirrefforts and more particularly a group of students, without formal organization, from Grand County Junior High School, who gathered a large quantity of trash. He committed himself to a prize for each of the above organi- zations and asked if the Council would support the second prize. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, for the City to pay the second $25.00 prize. Councilman Peterson then announced that the Junior High students planned to donate their prize to the hospital toward an addi- tional heart monitor. Councilman Nightingale noted that budget work sheets had been distributed and suggested thatlall should begin thinking about next year's requirements. It was agreed that Dave May and the Spring festival group could use the swimming pool foyer on May 10 and 11 for a flower show. The question of tree watering responsibility was discussed and taken under study. Councilman Jacobs was to inspect several areas reported to have spelling of concrete, curbs and gutters in the special improvement district. Attorney Ruggeri stated that he could put pressure on L. H. Woodward for payment of delinquent licensing (for coin -operated machines) whenever the Council wished to set a date. It was generally agreed that future Council meetings would convene at 7:30 p.m. The Recorder was to check with the District Highway Engi- neer on the status of 5th West Street. The meeting adjourned by mutual consent at 11:40 p.m. Attest: eWm. an McDbugaor R. W. Unger Recorder April 30. 1974 61 c dk Cn C4 V A special meeting of the Moab City Council was called to or- der an the Council.Chambers by Mayor Wm. Dean McDougald at 7:45 p.m. on the above date. In attendance were Councilmen Jacobs, Nightingale and Bonser, Engineer Keogh and Recorder Unger. Absent, Councilmen Peterson and Hammer and Attorney Ruggeri. Mr. and Mrs. William Osborne appeared before the Council in • 4UpMORt of the K. E. McDougald request for a change in the proposed zoning designation on parcels of property fronting on the east side of 5th West Street and extending south from 4th North Street. Thei dimensions of the property. as shown on the zoning map, were questioned. Engineer Keogh secured the dimensions from the offi- cial subdivision plot. The property extends 180.5 feet each from 1 5th West Street and 563 feet south from 4th North Street. The Mayor stated thattitbe above proposal plus the K. E. Mc- 1 Dougald request for a change of zoning designation for a triangular area in Steen subdivision and a City and State request for desig- nation change covering existing and proposed maintenance station area all had been approved by the Planning Commission. Text of thq letter of approval is hererith entered: 'April 26. 1974 Moab City Corporation Moab. Utah MEETING: Moab City Planning Commission Sundowner Restaurant Members Present: Harold Gaither. Don Knowles. Sam Taylor. Ellis Cook and Dave Allen Gentlemen: The Moab City Planning Commission met on the above date for the purpose of re -zoning the property as shown on the attached map and legal description. On motion by Harold Gaither. seconded by Don Knowles. the property in ques- tion is recommended to change to I-1 Industrial Zone. The motion was passed unanimously. Mr. K. E. McDougald requested a change in zoning on his property located in North Moab. Legal description is attached. The Planning Commission approved a C-2 Zon- ing of this property on motion by Sam Taylor and secon- ded by Harold Gaither. Very truly yours. /s/ David W. Allen David W. Allen OWA:jps Attachments" /Special Meeting Osborne's appearing in support of K. E. MdDougald zoning request Councilman Jacobs madeea motion. seconded by Councilman Night-` ingale and carried. to continue normal procedures required pertain-` ing to zoning changes, advertise for public hearing, etc. Mr. Melvin Goff appeared before the Council requesting inform,- tion concernig the possibility of selling gravel and having it crushed on a portion of his property. The question was taken under advisement. Mr. Archie Hamilton, District Planner for the Utah State De- partment of Highways. appeared before the Council to discuss correct and future road programs in the Moab Area. Approval of K. E. McDougald request and City and State request for zoning change: He stated that at one time the Highway Department startdd a study of 5th West Street bit had not made enough progress to be Normal procedures to be followed for zoning changes. Goff question re: crushing & selling gravel on property Archie Hamilton appears (Dept. of Highways) Study of 5th West Street 62 4th East Street ex- tension i bridge Funds available for 4th East project Mill Creek project discussion with County Commissioners West 5th/Street improve- ments. 5th West Street to remain City street Request in change of status of roads to "Ba and "C" Collec- tor Roads "B" & "C" road funds Foote day care cen- ter request Ordinance No. 1-74 (zoning) of any use. It had been -recommended to former Mayor Bunce that a consulting firma such is Call Engineering, be employed to do the necessary engineering and be paid from Moab Collec- tor Road funds with possibly some Federal aid. Current pro- cedures call for the City to request a consulting firm to submit.a proposal to do a specific road engineering job. Paul Gilgen.,Planning Department, Local Governments Project Engineer, Utah State Highway Department, has a standard fee chart for consulting charges. If the City rejects the con- sultant's proposal, the State Highway Engineering Department , can then be employed by the City to do the work. However. the State group is well loaded with work. In regard to the extension from 4th East Street via Mill Creek and Spanish Valley Drive (joint City/County), the en- gineering is nearly completed. The City's portion of the project which includes some realignment and a Mill Creek bridge will amount to $125.000 to $150.000 for construction. The -County portion, while of greater length south to the County line, will involve only widening and resurfsging at a much lower cost for the distance covered. if the City can achieve approved funding from collector road and revenue shar- ing monies, construction on the project could begin shorty after July 1, 1974. If Federal &id highway funds are sought, the project could be held up for about one year. Federal aid might cover up to 80% of the total costs. However. additional regulations must be met which would increase the total cost of the project. The Recorder is to tabulate funds earmarked or otherwise possibly available for this project. the Mayor, some Councilmen and possibly Mr. Hamilton, will attend the Grand County Commission meeting Monday. May 6. to discuss the Mill Creek project and the possibility of com- bining funds to expedite the major item, which is the bridge. The City group will also make a physical check of 5th West Street to assess the problems relevant to improvements, primarily between U. S. Highway 163 and 4th North Street. A motion to retain 5th West Street as ai-City street and not Consider it as an alternate highway was made by Council- man Nightingale, seconded by Councilman Jacobs and carried. Mr. Hamilton stated that former Mayor Dunce had requested the west end of 4th North Street extending to the sewer plant, the 4th East extension (Mill Creek project) and little Lane between 4th East and the north -south road west of_the bowling lanes be added to the "B" and "C",Collector Road system. He also stated that at present there could be added only 106 miles in the entire State of Utah and was doubtful that the above requests would be granted in full for this area, Bittle Lane being a partic_'.:. probable casualty. He further explained that "B" and "C" funds come from State gasoline taxes, 50% going to the State and 50% divided between cities and counties. Mr. G. U. Foote appeared bef6re the Council to discuss his proposal to open a child day care center in an R-2 zone. The present zoning ordinance does not permit such an activity, but the proposed zoning ordinance includes this activity. Before he can secure a State License from the.Division of Family Services he must be able to establish the fact that his operation will be located in a proper zone in the commu- nity. Councilman Nightingale made a motion; seconded by Coun- cilman Bonser and carried, to adopt and publish Ordinance No. 1-74 as corrected by Planning Engineer I. Dale Despain following Council action at`the end of Public Hearing held on March ZZ; 1974. The aye votes were Councilman Jacobs. Nightingale and eonser. Nay votes, none. Absent, Council- men Hammer and Peterson. 63 A letter from the Planning Commission recommending the ord;- ginal proposal: "MOAB CITY PLANNING COMMISSION February, 1974 Honorable Mayor and City Council Moab City. Utah Gentlemen: Pursuant to your request. the Moab City Planning Commission had made a study of the zoning of Moab City and has concluded that the entire zoning plan should be revised to more nearly reflect changing conditions and the wishes of the people. Accompanying this letter of transmittal is the Moab City Planning Commission's recommendations for, the zoning of the city. Planning Commis- sion's recommenda- tions: M Very trul 07t4 Y Yours. /s/ David W. Allen U Chairman. Planning Commission" A motion was made by Councilman Nightingale. seconded by Coun- Ordinance No. 2-74 Gilman Bonser and carried. to adopt Ordinance No. 2-74. publish ( zning): and become effective one week after publication. gyre votes were Councilmen daubs, Nightingale and Bonser. Nay votes. none. Absent, Councilmen Hammer and Peterson. This ordinance amends Article I of Chapter 21 and is added as Section 21-13-A. "ORDINANCE NO. 2-74 AN ORDINANCE AMENDING CHAPTER 21, MOAB CITY CODE 1965 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB. UTAH: That Article I of Chapter 21 be, and the same ls, hereby amended by adding thereto Section 21-13-A, as follows: 'Section 21-13-A. Parking of Inopperable and Commercial Vehicles on City Streets Prohibited' (a) It shall be unlawful to park any inoper- able vehicle, including trucks, passenger vehicles. travel trailers. campers or other trailers on .;., street within the City limits of Moab for a period of more than 72 consecutive hours. An Inoperable vehicle is one that; (1) Has any parts or attachments to the ve- hicle removed. broken or defective. so as to impede its normal operation. (2) Has not received a legal state safety in- spection or has no inspection sticker properly posted on the windshield. (3) Is not currently licensed by the State of Utah or other state or country, exposed to the view of the general public and not either enclosed in a building or structure or located on the saleslot of a licensed automobile dealer. (b) Operative commercially licensed vehicles of over 2 tons capacity. shall not be parked on Moab City streets for a period of more than 24 consecutive hours. 6 4- "(c) The Police Department may remove and im- pound any vehicle found to be in violation of this Ordinance. (d) Any owner of any vehicle so removed and impounded may recover possession of his vehicle upon paykip a removal fee in the sum of $25.00 and a storage fee of $3.00 per -day. PASSED by the City Council of Moab City this 30th day of April. 1974. ATTEST: (SEAL)" /s/ Wm. Dean McDougald Mayor "Publish May 9 Effective May 16" Laundromat licensin. After a discussion concerning licensing fees for Laundro- mats, a motion was made by Councilman Jacobs. seconded by Councilman Nightingale and carried, to establish a new slid- ing scale rate as follows; $10.00 for the first machine, $2.50 dechefor the next nine machines and $1.00 each for any and all other coin -operated machines in the facility related to the business and not covered by other vending mac'_ine regulations; further, to abate payments made by such businesses on the gross fee basis during fiscal 1974. Nielsen. Maxwell i A motion was made by Councilman Nightingale. seconded by Wangsgard agreement Councilman Jacobs and carried for the City to execute an agree - re: consulting ment with Nielsen. Maxwell and Wangsgard covering consulting engineering engineering fees on an hourly basis or on a percentage basis for major projects, on work as requested by Moab City. Police Department The following Police personnel policy as recommended by personnel policy: Councilman Bonser was accepted by the Council: "MOAC POLICE DEPARTMENT A. Staffing 1. Chief (1). First line supervision. having the authority to recommend employment of, dismissal of and raises for employees under his supervision. Responsible for enforce- ment of the City Code and Utah State laws within the confines of the City of Moab. 2. Sergeant (1). Some supervisory responsi- bility as may be assigned by the Chief. Vder the direction of the Chief and re- sponsible for his directions within the limits of the City Code and Utah State laws. 3. Patrolmen (3). Under the direction of the Chief or Police and responsible for his directions within ,the limits of the City Code and Utah State laws. 4. Reserve (2). Same as Patrolmen. Part- time employee ($10.00 per_month clothing allowance. 20 hours per month donated and balance of time at $2.75 per hour). 9. Overtime Policy (over 40 hours in one week straight - time pay) , 1. Overtime will be authorized by the Chief of Police under the following circumstances: 65 c*� da C. Schooling Required, 00 C-) 1. An initial 240 hours of schooling will be re- quired for all new Patrolmen. Thisschooling will be scheduled by the Chief after the employee has completed his or her probation- ary period. 2. Additional schooling in the amount of 40 hours annually will be required of all employees after the initial schooling is completed. 3. Special schools and seminars over and above the required schooling will be assigned at the dis- cretion of the Chief. 4. The City will pay straight time for schooling -"plus $20:00 per day per diem if employee is required to be away from home overnight and $8.00 per day if no lodging is required. If all ex- penses are paid by the City. no per diem will be allowed. The City will also furnish transpor- tation or pay $.15 per mile for one round trip for the use of the employee's vehicle. "M. Court appearance on scheduled_day off. ,b. Sickness and emergency absences. c. Required schooling on scheduled days off. d. Special events (parades. conventions. etc.). e. Temporary staff shortages due to dismissal or resignation of existing staff. ,f. Vacation coverage when necessary. g. Emergency situations due to natural disas- ters, national emergencies. riots, etc. h. Chief of Police not subject to overtime. 2. The Chief,of Police will be required to explain in writing all overtime in excess of 20 hours per week and should attempt to schedule regular and reserve Patrolmen in such a manner as to provide normal Police protection with a minimum of overtime. , 5. Compensation and Employment Policies. a. Starting salary. new Patrolmen. /550.00 per month. b. Six-month probationary period for all new hires. c. An increase i t /560.00 per month after pro- bationary period successfully completed. d. An increase to S585.00 per month after ini- tial schooling,succes;fully completed. e. After initial schooling, every employee will receive an annual ,formal job perfor- mance evaluation. f. A11 cost -of -living increases granted, City employees will beln addition to the above ,schedule. Accounting meeting by Utah League of Cities i Towns to be attended Utah League of Citie i Towns directors meeting --Land Use Ac Federal flood insur- ance assistance Vandalism --Mountain View water storage tank Date book --use for Park a Old City Par "also Adjournment Regular meeting. Attendance. Minutes approved. Revenue Sharing budgeting discussio g. A;clothing allowance of $30.00 per month will be paid all full-time Police Department employees. Fifteen Dollars ($15.00) per month will be held in es- crow to be withdrawn on employees re- quest for purchase of replacement cloth- ing. An initial advance if $100.00 will be granted to new employees for initial uniformvto be withheld'at the rate of $10.00‘per month for ten (10) months or total reimbursement will be held from employee's final check if termination occurs prior to the first ten (10) months of employment." The Mayor announced a meeting sponsored by the Utah League of Cities and Towns covering simplified accounting procedure was scheduled on Juni 7, 1974 at 10:00 a.m. to 3:00 p.m. in Price and recommended attendance by'Unger. Smith and Horstmanh. An alternate for ehe same is scheduled May 21'at Richfield. In briefly reporting on attendance at a directors meeting for the Utah League of Cities and Towns, the Mayor commented that the State Land Use Act was largely authored by the League. The Mayor informed the Council that an application for Federal fbod insurance assistance was being processed. Councilman Jacobs pointed out problems of vandalism and possible personal injury in the area'of'the Mountain View Subdi- vision water storage tank. Some fencing will be required to contril access to the tank. Councilman Jacobs recommended that the date book covering use of the Council Chambers be expanded to include use of the City Park and Old City Park. not necessarily on a restrictive basis but for information to caretakers and potential users. The meeting was adjourned at 11:00 p.m. �. ga Dean c ougald. M or ATTEST: R. li. Unger, Ra'corder May 7, 1974 The regular melting of the Moab City Council was called to order in the Council Chambers by Mayor Wm: Dean McDougald at 8:00 p.m. on the above date. In attendance were Councilmen Jacobs, Hammer, Bonser and Peterson, Attorney Ruggeri. Engineer Keogh and Recorder Unger. Absent; Councilman Nightingale,. Street Superintendent Day com- prised the audience. The minutes of special meeting held March 12, 1974, regu- lar meeting held April'16. 1974 and -special meeting held April 30. 1974 were approved as presented. A discussion was held on Revenue'Sharing budget and pre- liminary requests were tabulated as follows: Police, 15,000 (capital investment) Revenue Sharing item 1. Public Safety; Park and Playground Equipment (grass'sweeper. power rake. etc.) $5.250 (capital investment) Revenue'Sharing item 5; Recreation; grader. $30,000, tamper $1,500, portable light plant $1,500, truck for welder $800 (capital investment, Revenue Sharing category not determined; Mill Creek bridge fund $10,000 and token on conven- tion center $1.000. Revenue Sharing category not determined. Total of the above is $55.050 against Revenue Sharing potential of $75,434.00. 67 Cr, CM A U V Councilman Peterson initiated a discussion on the problem of tent moths in the trees in the general area of Steenville. A motion was made by Councilman Peterson. seconded by Council- man Bonser and carried. for the City to allow an expenditure of up to $1.500 plus the assistance of a City employee with ladder truck to spray as many trees along streets as possible, where needed. Councilman Jacobs was to contact American Pest Control and make the necessary arrangements. After a brief discussion. Councilman Peterson made a motion seconded by Councilman Hammer and carried. to place Willis Hansen on an $150.00 per month retainer for May, June. July and August. 1974.. Attorney Ruggeri was asked to,prepare a suitable contract for a professional consultant. On a motion made by Councilman Hammer. seconded by Council- man Bonser and carried, all bids for maintenance on the Visitor Center were rejected. The City will handle Maintenance on a part-time basis with an hourly employee under the direction of Mr. Hansen. Councilman Peterson voiced his disapproval of the proposed clean yard and junk ordinance as earlier submitted by Planner Despain. He submitted a proposal based on a Lehi. Utah ordi-, nance which had been reported as being very successful. Copies of the proposal were to be duplicated and submitted to each Councilman and the City Attorney for study and comparison with the existing Chapter 16 in the Moab City Code to determine amendments, revisions or complete replacement of the existing ordinance. Councilman Peterson made a motion, seconded by Councilman Hamner and carried. to amend proposed ordinance 2-74 prior to publication. The amendment, Section 21-13-A. paragraph (b). changed to read, 'Operative commercially licensed vehicles of over 2 tons capacity. shall not be parked on Moab City residen- tial streets at any time." The Council was in accord with proceeding as rapidly as possible on the Mill Creek -Spanish Valley Drive bridge and road project. Correlation of combined financing with Grand County and State highway planners on possible sectionalizing of the project is in progress. The Council was also in accord with proceeding with an engineering study for 5th West Street between Highway 163 and 4th North Street covering location of utilities, drainage, curb and gutter, grading and surfacing. The Council agreed to permit the continuation of minor repairs, when practical. by City employees on the Boy Scout hut. The Recorder was instructed to seek additional bids for work to bring rest rooms at the Old City Park up to a better standard of completion. Councilman Peterson discussed the Utah Peace Officers A«^ciation forthcoming convention. He understands that the County and City host an outdocr meal on the first evening (a Thursday). It was estimated that barbequed beef catered by Millers would cost about $1,000.00. The Council agreed to ppe- ceedcon a 50-50 cost basis with Grand County. Councilman Jacobs led a renewal discussion on the dog impounding and disposal situation. It was agreed that an inten- sive study should be made in reference to establishing suitable facilities to handle the problem and locate them at the sewage dispoaal plant which is attended 7 days per week. It was learned that arrangements had been dragging In pre- paration for the Utah League of Cities and Towns annual Road School to be held in Moab. Councilman Jacobs was granted a free hand to pick up the loose ends and get the arrangements finalized Tent moths in trees by Steenville. Willis Hansen to be professional con- sultant (parks). Visitor Center maintenance bids. Clean yard and junk ordinance --amend. revise or replace. Ordinance 2-74 amendment. prior to publication. Mill Creek -Spanish Valley Drive bridge, etc. Engineering study. 5th West Street. Scout Hut repairs. Old City Park rest rooms. Utah Peace Officers Association conven- tion. Dog impounding and location of faci- lities. Utah League of Citie and Towns Road School arrangements.- 68' Building fronts pro- triding over Main Street.sidewalk. Shade Tree Commissio appointments. Bills approved. Adjournment. -Regular meeting. Attendance. Minutes approved. Grand View Subdivi- sion water distribu- tion. Noise problem...more Police time author- ized. if necessary. Tire noises. Councilman Hammer raised the question of limitations, if any. on a Main Street business putting a western style front and trim on their building, which would protrude over the side- walk. Problems could exist since Main Street is a part of the State Highway systefn. Councilman Peterson was to investigate. The Mayor appointed Councilman Peterson to serve on the Shade Tree Commission until January 1, 1977 and reappointed Delbert Oliver until January 1, 1976. This brings the four - man commission up to full strength. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to pay the bills as presented. Councilman Bonser made a motion, seconded by Councilman Peterson and carried, for adjournment at 10:15 p.m. ATTEST: . Unger, ecorder �� an 'Dougald.�ayor�-' May 21. 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:40 P.M. on the above date. In attendance were Councilmen Jacobs. Hammer. Nightingale and Bonser. Attorney Ruggeri. Engineer Keogh. Recorder Unger and Assistant Recorder Mary Anne Horstmann. Councilman.Peterson was absent. On a motion made by Councilman Jacobs. seconded by Council- man Hammer and carried. the minutes of the May 7, 1974 meeting were approved as presented. Mrs. verlyn Bentley appeared before the Council with a re- quest that the City take over and operate the water distribu- tion line in the west end of Grand View Subdivision. This line was constructed by Loren Johnson several years ago purportedly in compliance with City specifications. It has not yet been tapped for any service. Mrs. Bentley stated that the original 24 lots in the area had been consolidated and resurveyed into, larger parcels for a total of 16 lots. The Mayor raised the question as to whether or not the City could legally own water distribution lines and meters outside the City limits. Council- man Jacobs made a motion. seconded by Councilman Hammer and carried to take the matter under advisement. Reed Howell. Mrs. Warielista. Mrs. Johnsu,i. ,,.tch Williams. Dahl 2ohner. Mary Rees and Ken Latham voiced opinions represent- ing a group of citizens concerning street noises. mostly auto- motive, during late night hours and some during daytime. The complaints covered loud exhausts on cars, trucks and motorbikes, screeching tires and occasionally entertainment music. Police Chief Dalton recited activities already in progress to'curtail the noise. He also invited interested citizens to ride with the Police Department at any time and noted that other duties left little time for traffic control during the daytime. The Re- corder was instructed to check with Price and helper on noise ordinances. The Mayor and Councilmen indicated ,full support of the Police in their efforts and authorized te use of addi- tional time. if necessary. to reduce the problem. It was suggested that the Highway Patrol might render some help for the situation. Tire noises emanate mainly from rapid acceleration and turn- arounds. The turn-arounds.tnless illegally executed. cannot be stopped. 69 Regarding motorbikes, it was stated that the Police have no authority over their uSe on private property. Mike Barker of the Utah Parks and Recreation Service stated that this service does have authority to enter private property to control recreational vehicles. Councilman Jacobs said that he believed strong and massive citizen support would be the best aid to correct a problem. Royce Henningson commented on coffee breaks taken by Police afFicq officers. Dahl Zohner also listed the new City street cleaner as creat- ing a noise disturbance. The vacuum fan does have a high-pitched whine but is muffled as well as possible by factory equipment. It works in early morning hours when the curbs are relatively free of parked autos. but operating hours will be altered as much as practical. City Police Sergeant Rowley stated that the Chief has the day watch which means double duty if all administrative and investiga- tive work is to be kept up and the indicated desired patrolling is also accomplished. He suggested employing one more officer to permit complete 24-hour patrol and permit the Chief to handle all other essential duties. The suggestion was taken under advisement by the Council. Col. Russell Hale. representing the Golf Associ:._ion. presen- ted their budget indicating a need for additional funds and reques ing $1.500.00 from the City for the coming year. Request was take under advisement by the Council for City budget consideration. State Park representative. Mike Barker. requested off -hour acdess to water source to load Park tankers. A key to the City Yard was issued to him. The City Recorder was directed to work with Councilman Night- ingale to clarify gray areas in the City business licensing code for presetnation to Council for approval. Motorbikes also a noise problem. Citizen support to correct problem. .Coffee breaks -- Police officers. An order from the State Tax Commission for the City to collec and remit sales tax on swimming pool admissions was referred to Attorney Ruggeri. A State proposed addition to the City building code concernin• foam plastic insulation had been referred to the Attorney who said he would check with the Building Inspector to determine whether or not the situation was already covered. Councilman Nightingale made a motion. seconded by Councilman Hammer and carried. that the application budget for Revenue Shar- ing be published and submitted to the Federal Government. Five contractors had been requested to bid An installing wall tile and partitions in the Old City Park rest rooms. After con- siderable delay. only one bid, James L. Foy. for $1.837.00. was received. Councilman Hammer made a motion. seconded by Councilman= Nightingale and carried. tha tttbe bid by Foy be accepted and that the work should proceed. The Recorder was directed to secure and have erected at City Park signs prohibiting overnight parking or camping. In reference to a previous Council discussion concerning mid- block,painted crosswalks on Main Street between First North and Cen ter Streets. and First South and Center Streets. Councilman Bonser made a motion. seconded by Councilman Hammer and carried. to con- tinue having these markings made. Councilman 'Jacobs voted nay. The Recorder was instructed to advise the State Highway Department. The Recorder was directed to investigate sources and costs of decibel meters in reference to the possibility of a noise ordinance and enforcement requirements. Street cleaner a noise problem. Police Department needs another man. Golf Course requests $1.500 from City. City Yard key to State Park for water access. Business licensing code. Sales tax --swimming pool. Foam plastic insula tion "code". Revenue Sharing budget approved b to be published. Old City Park rest room bid --names L. Foy. City Park --"No Over- night Camping" Mid -block crosswalks on Main Street, Decibel meters re noise ordinance. etc 70 Special budget meet- ing called. Lack of communica- tion within adminis- tration and City employees. Business Offfce pro- cedures study. Service radio commu- nication for City. Shop clerk requested Barbed wire fencing investigated. Bills approved. Water storage reser- voir No. 1 -- new access. Adjournment. Regular meeting. Attendance. Southeastern Utah Association of Gov- ernments --Resource Conservation and Development Project Court" . Councilman Jacobs to represent Moab on the above "Project" committee. Request for covered tables in City Park. Councilman Nightingale requested a special meeting. specifi- cally on budget study, for May 30, 1974. at 7:OO.P.M. Councilman Nightingale commented on a dearth of communica- tion end information sources within the administration and among City employees. A specific area concerned mapping. with use of transparent overlays to pin -point streets, utility services, etc. in a pictorial manner. Engineer Keogh is to check on possibili- ties of developing such a system. Councilman Nightingale requested information on estimated costs for a study of business office procedures. Hopefully, this could become a budget item. Mayor Wm. Dean McDougald suggested considering the cost of service radio communicateion for City personnel as a budget item. To this, Councilman Jacobs added his request for a shop clerk. The Mayor noted the use of barbed wire for yard fences in the City. This was to be referred to the Building Inspector. A motion was made by Councilman Nightingale, seconded by Councilman Hammer and carrldd.to pay the bills as presented. Engineer Keogh briefly discussed the possibility of a differ- ent access to water storage reservoir No. / should furtherr prob- lems develop with the present gate system over private property. The meeting was adjourned at 10:30 P.M. on a motion made by Councilman Hammer, seconded by Councilman Jacobs and carried. ATTEST: m Dean McDougald. May Un er June 4. 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:35 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer, Nightingale, Bonser and Peterson, Recorder Unger; Attorney Ruggeri and En- gineer Keogh were not in attendance. Mr. Beardall representing the U. S. Department of Agricul- ture Soil Conservation Service appeared before the Council to request the appointment of a committeeman to represent the City of Moab on the Resource Conservation and Development Project Council. (Moab City Council approved joining in sponsorship of this committee October 2. 1973.) Mr. Beardall explained the area covered and the type of sponsorship involved in the Project. It encompasses the four southeastern Utah counties in the Southeastern Utah Association of Governments. The Association. county governments. some City governments and the Soil Conservation Service are the sponsors. for the operation the,area has been named Utah's Castleland. A similar program exists and is operating in the northeastern Utah area. The southeastern proposal has the support of Gov- ernor Rampton, who has applied to the Federal government fnr approval of the organization. A motion was made by Councilman Peterson. seconded by Councilman Bonser and carried to name Councilman Jacobs as the Moab City representative for the Project. Mr. U. D. McArthur representing the Grand Junction Sentinel. as an observer. did propose to the Council as a citizen that con- sideration be given to the building of a roofed area or pavilion covering a half dozen tables in the City Park for the convenience of group meetings. R. . gRecorder 71 A motion was made by Councilman Jacobs, seconded by Councilman Peterson and carried to approve the minutes of the meeting of May 21, 1974 as presented. Street Superintendent Lynn Day discussed tree watering and youth employment with the Council. It was agreed that some trees will require watering and part-time labor for this activity should be acquired through the comprehensive manpower program, if possible. Mr. Day also provided a reminder that the shop steam cleaner was still not in proper working condition. Councilman Hammer raised a question concerning cooling of the shop building. The Recorder was directed to research the activity of last year on the matter. Mr. Wade Tangren requested a zoning variance in reference to a house trailer location involving a hardship case. He was referred to Building Inspector Shaffer. A motion was made by Councilman Peterson, seconded by Councilman Hammer and carried to adopt proposed ordinance 3-74 insofar as it is not in conflict with Chapter 16 of City Code, with an inspector to be designated, to be published in The Times Independent June 12, 1974 to become effective June 20. 1974. The Council, in discussion, agreed to having the transfer made. as budgeted, of $108.000.00 to the special assessment fund. As the result of an informal budget study session held on May 30, 1974 by the Council with accountant E. J. Claus in attendance, each Councilman had been presented with a rough budget proposal. Each Councilman then revised the areas as had been assigned by the Mayor. This information was then reassembled and returned to the Councilmen as a revised pro- posal. At this regular Council meeting each Councilman reviewed his budget areas. they were discussed and some additional revisions made. A new summary was then to be prepared for further study. Councilman Nightingale made a motion, seconded by Counu Gilman Jacobs and carried, to pay the bills as presented. Under the terms of the new zoning ordinance, the Board of Adjustments for zoning is to be appointed by the City gov- erning board. Mayor McDougald suggested the appointment of Keith Brewer to fill a vacancy on the Board. To this the Council agreed and in addition reappointed the balance of the Board to serve the balance of their previously established terms. At 11:50 P.M. Councilman Jacobs made a motion for adjourn- ment. ending the meeting. ATTEST: R. W. Unger, Reorder 4m. De ug la 1 yob . Juhp 18, 1974 The N2gular meting of the Moab City Council was called to order in the Council ChambOrs by Mayor Wm. Dean McDougald at 7:35 p.m., on the above date. Minutes approved, Tree watering --man- power program labor. Steam clean at shop. Shop cooling. Zoning variance -- Wade Tangren. Zoning ordinance 3-74 adopted, effective June 20, 1974. $108,000 transfer to special assessment fund. Budget study. Further budget study Bills approved. Vacancy filled 0.eit (Keith Brewer) on Board of Adjustments Adjournment. Regular meeting. 7 2 Attendance. Minutes approved. Hawks requests gar- bage increase and will pay City for collection.of their accounts. Hank's Billiards owner to sign Agree- ment regarding build ing on First West Street right-of-way. McDougald zoning re- quest --property south of service station and extend- ing from Fifth West to U. S. 163 be reclassified as C-5. --and-- Requested reclassi- fication of parcel southward to the rear of Marcus Ct. from R-2 to C-2. McDougald zoning re- quest --southward from 4th North to east side of 5th W. to be one zoning classification--C-2. Zoning --State road yard, City shop & brine well --to be zoned I-1. In attendance were Councilmen Jacobs. Hammer. Bonser and Peterson, Recordet, Unger and Engineer Keogh. Councilman Night- ingale was absent. On a motion made by Councilman Jacobs, seconded by Council= man Hammer and carried. the minutes of the meeting of June 4. 1974 were approved as submitted. Councilman Bonser was not in atten- dance for this vote. Robert Hawks, garbage collection contractor, appeared before the Council to present an oral and written request for an increase in collection rates from $2.50 per month to $3.50 for residential pickups and $4.00 to $5.50 On basic commercial rates. He also was willing to make a nominal compensation to the City for the billing and collection costs. The amount being considered was $.15 per billing. On the basis of the present number of bill- ings and in the interest of simplicity, a flat fee of $160.00 per month to the City was proposed. After some discussion. Councilman Hammer made a motion, seconded by Councilman Jacobs. that the proposal as outlined above be accepted for a period of one year. The motion was carried. Councilman Bonser was absent during this piece of business. Representatives of Hank's Billiards appeared before the Council to clarify questionable action in the extension of .their building to the east toward First West Street. Presently First West Street is 66 feet in width on a 99 foot dedicated right-of-way. The building addition as constructednapparently encroaches on this right-of-way. The Council agreed to permit the construction to remain with the provision that William H. Johnston. owner, sign a release to the City stating that if at any time the City elected to widen the street the building owner would remove any part of the building necessary to provide the proper clearance. The City Attorney would be directed to pre- pare the Agreement. In compliance with an advertised public hearing, requests of K. E. McDougald for zoning reclassification and zoning map changes were presented on an individual basis. A McDougald service station located at the intersection of Fifth West Street and U. 5. Highway 163 was in the recently adopted zoning ordi- nance classified as C-2 zone. A piece of property south of the service station and extending from Fifth West to U. S. 163 was classi- fied as C-5. McDougald's request was to have this parcel re- classified as C-2. His request further was to reclassify the next parcel southward to the rear of residential lots facing Marcus Court and again extending between Fifth West and U. S. 163 from R-2 to C-2. James McEwan,an initial spokesman for Marcus Court residents, asked concerning the provisions of C-2 zoning. Councilman Bonser read aloud all or a major portion of the C-2 portion of the zoning ordinance. Mrs. Olesen. Norma Nunn, Gary Pickard and Wayne Edwards viewed the map of areas in ques- tion and voiced disapproval of C-2 zoning adjacent to their prop- erty. On a motion by Councilman Bonser, seconded by Councilman Hammer ana carried, the request of tir. McDouu to have C-5 p:ticel rezoned to C-2 was granted and the parcel in R-2 to C-2 was denied. Another request from Mr. McDougald to rezone an area southward from Fourth North extending along the east side of Fifth West for a depth of 70.5 feet from C-5 to C-2 and extend eastward for 110 feet to encompass the full parcel of property in one zone rather than have the parcel divided into two zones (C-5 and R-2) was discussed briefly by the Council. The McDougald request was granted on a motion by Councilman Hammer, seconded by Council- man Bonser and carried. The final zoning item for consideration involved the area of Ithe Utah State Highway Department road yard, the City shop and yard and the brine well south of these and west of Mountain View ,subdivision. Some discussion was held concerning the possible !reaction of Mountain View residents. It was noted that none were 'present to voice opinions and that the facilities were already in existence but non -conforming as zoned. On a motion by Council- man Jacobs. seconded by Councilman Hammer and carried the area as mapped and officially described was rezoned I-1. Councilman ,;Bonser voted nay. 1 73 Ray Tibbetts and Barbara Domenic appeared concerning prop- erty once known as Robin Nest Trailer Court. The area in wh&ch it is located is now zoned C-5. The trailer court has not been operated for several years and such activity is not permitted in C-5 zone. The former,�9p�eration encompassed 26 trailer space on an area of less than ti+8-`acres. A potential buyer indicates a desire to redivide it into a maximum of 8 mobile home spaces. A request for variance or permission to establish this business had received negative response from the Zoning Administrator. As rezoning appears to be the only legal recourse for the pro- ponents and such a request had not been made, they were re- ferred to the Planning Commission to pursue the proper channels. In a previous informal budget study meeting the Councilmen agreed to include in budget revenue an increase in mil levy up to 6 mils with 2 mils earmarked for special improvement funds. On a motion made by Councilman Jacobs, seconded by Councilman Peterson and carried. with a nay vote from Councilman Hammer. the agreement is made a part of these minutes. On a motion made by Councilman Jacobs, seconded by Council- man Peterson and carried, the bills as presented were ordered paid. The Mayor noted a request from the School Board President for the City to cut the curb and provide a driveway on Third East Street to permit access to an open lot at Third East and Center to be used for a parking lot for the Junior High School athletic field. There was indication that both the school and the County would cooperate in the project. Councilman Jacobs made a motion. seconded by Councilman Bonser and carried. that the City would do the engineering and furnish the concrete toward executing the project. Councilman Bonser reported on a meeting that was held with the Police Department and City Judge concerning the junk car ordinance. Ne stated that there would be immediate enforcement. The meeting was adjourned at 11:00 p.m. on a motion made by Councilman Jacobs. seconded by Councilman Peterson and carried. ATTEST: R. W. Unger, recorder . jean couga •, ayor June 25. 1974 A special meeting of the Moab City Council was called to order at 7:30 p.m. by Mayor Wm. Dean McDougald in tl.o �.uncil Chambers on the above date. In attendance were Councilmen Jacobs. Hammer. Bonser and Peterson. Recorder Unger and Engineer Keogh. This special meeting was called for the purpose of public hearing on the proposed City budget for fiscal 1975. Citizens attending were Mr. and Mrs. Mars Pope. Les Erbes. Mr. McArthur. Flora Evans. Virginia Day. D. U. Taylor and Stacey Lawrence. The Mayor opened the meeting by reviewing the budget summ- ary sheet. tir. Pope requested an explanation concerning the beginning balance being less than that of the previous year. The next item discussed was the increase in garbage collec- tion fee. Zoning --Former Robin Nest Trailer Court now in C-5. 27-re-3 Budget --mil levy increase. Bills approved. Cut curb and pro- vide driveway by Junior High Athle- tic field. Junk car ordinance. Adjournment. Special meeting. Attendance. Budget public hear- ing. Citizens attending. Review of budget summary sheet. Garbage increase. 7S% Flood control studies. Revenue Sharing in budget...Drug Ad- visory Board Revenue Sharing -- road grader. Budget for fiscal 1975 adopted. Amended budget for fiscal 1974 adopted. Gravel ownership -- Engstrom to mine to slope and crush. BLM public hearing. Well piping connec- tions. Adjournment. Regular meeting. Attendance. Minutes approved. Zoning --beauty of Dodie Moore non -conforming shop in zone The meeting was interrupted for a few minutes to permit Richard Baird of the Soil Conservation Service to explain to the Council a summary of activity concerning flood control studies. Concerning the Revenue Sharing portion of the budget. Coun- cilman Bonser stated that outside fund sources for the Drug Advisory Board had been lost and that the $1,000.00 budgeted in fiscal 1974 had not been expended. He requested that these funds be made immediately available to the Board for some office equipment and that a like sum be made available for fis- cal 1975. The local Board concentrates primarily on education and prevention, treatment facilities not being available. Mr. Pope raised objection to the proposed expenditure of Revenue Sharing money for a road grader. stating that assistance with this type of equipment was available from the County. On a motion by Councilman Peterson, seconded by Councilman Hammer and carried, the proposed budget was adopted. 0n a motion by Councilman Bonser. seconded by Councilman Hammer and carried, an amended fiscal 1974 budget would be accepted. A brief discussion was held with Engineer Keogh concerning the ownership of some gravel adjacent to the Walker property and near the County equipment yard. A vertical bank requires sloping. for safety, on City property. A motion was made b;; Councilman Hammer, seconded by Councilman Bonser and carried, to permit Engstrom to mine to the proper slope and crush the gravel for City stockpile on a direct cost basis. Councilman Hammer was to make the arrangements with Engstrom. The Mayor announced a public hearing to be held by the Bureau of Land Management at 9:00 A.M., June 26, 1974, concern- ing a proposed oil shale and pipeline project of Colony Devel- opment Company. The Recorder was instructed to attend the meet- ing. In the interest of expediting permanent well piping con- nections. Councilman Jacobs made a motion.seconded by Council- man Hammer and carried. for the Recorder to order piping on the basis of bids received through Nielsen. Maxwell and Wangsgard. The meeting was adjourned at 9:50 P.M. on a motion made by Councilman Peterson, seconded by Councilman Jacobs and carried. ATTEST: R. W. ecorder n�ugd-ald, or, July 2, 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:40 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer, Nightingale, Bonser and Peterson, Attorney Ruggeri and Recorder Unger. Councilman Jacobs made a motion. seconded by Councilman Hammer and carried, that the minutes of regular meeting, June 18, 1974, and special meeting, June 25, 1974, be accepted as presented. Councilman Bonser was not present for the vote. Dodie Moore appeared before the Council posing questions con- cerning the future of her beauty shop operation. Her business is located in an area, the rezoning of which places the business in a non -conforming situation. She wishes to discontinue the operation for a year or two or possibly three and then resume it. The first question was if the business license was kept paid up (flat fee 75 license, $30.00 per year) would this offset the discontinuance provision covering non-conformance in the zoning ordinance (refer to Ordinance 02.0702, paragraph C). The second questior was if while not operating, or limiting the operation to hair cutting only, could the water and sewer be billed at residen- tial rather than commercial rates. This difference in cost has been estimated at $40.00 to $50.00 per year. Someone raised the possibility of operating one month during the year to retain active status. (Intermittent changes in water bill- ing would raise havoc in the City business office and would be a near impossibility to monitor except at the customer's option.) The Council decided to take the questions under ad- visement and make response to Mrs. Moore within two weeks. Joan Key appeared before the Council with a request to open a beauty shop in a residence in an R-3 zone under the definition as a home occupation. Attorney Ruggeri voiced the opinion that this could not be done, but stated that he would research the ordinance in more detail. Mayor McDougald stated that if a rezoning request was desired it should be presented through the Planning Commission. Les Erbes asked about the continuation of splitting the town for yard watering purposes. The Mayor stated that the announcement for lifting the ban would be made the next morn- ing, Wednesday. July 3, 1974, but that people should continue using water with care. Key Construction Co. submitted the only bid for buildings piping and electrical work at wells 4A and 7. The total bid amount was $24,639.60. which did not include materials re- quired for piping and electrical hookups. Bid for buildings only was $22,170.20 with electrical being $2,272.40. An addi- tional $1,079.00 was bid to lay a pipeline from No. 7 well to by-pass to golf course irrigation pond. Well flow character- istics had developed in a different pattern than indicated at the time of drilling. Due to this it was thought that con- struction specifications might require changing. Councilman Jacobs made a motion to take the Key bid under advisement and if awarded at a later date any bona fide cost increases that might result from the delay would be allowed to the contractor The motion was seconded by Councilman Hammer and carried. Mr. K. E. McDougald also engaged in a discussion concern- ing his recent request for zoning map changes, a portion of which had been denied by the Council following the public hearing. Mr. McDougald requested that the Council reconsider the denial action. The Council agreed to further discussion at the next regular meeting and that the opposing property owners would be notified to appear and determine if an equitable agreement can be reached. Councilman Bonser initiated a discussion concerning the advisability of installing signs at the Clt; "Irk as an aid in enforcement against the use of alcoholic beverages, beer in particular. The consensus of the Council was to continue enforcement efforts without posting any signs. The subject of establishing closing hours for private clu was discussed. Councilman Bonser was to seek a reaction from the Elks and to advise Towne and Country operator to tighten_ up the operation. The results of Councilman Bonser's inves- tigation may guide future Council action. Councilman Bonser was also to investigate a report of Police shooting cats at the dump and a report of an arrange- ment between the Poplar Place and the Police concerning the sound volume of music emanating from the premises. The Recorder was directed to consult the Utah State High- way Department traffic engineer concerning the use of traffic lanes and control signs on some City streets. Zoning --Joan Key beauty shop request Yard water "ban" lifted. Wells 4A and 7-- Key Construction Co. bid accepted. K. E. McDougald re• quest for recon- sideration on zon- ing denial.' City Park signs. s Closing hours for private clubs. Police --shooting cats at dump and Poplar Place noise. Traffic lanes and control signs on City streets. 76 Grand View Subdivi- sion --water distri- bution procedure policy. Zoning --Ordinance 3-74 (rleining of lots). July 4 pool hours. Curbing rebuilds on record in Mayor's files. Bills approved. Adjournment. Regular meeting. Attendance. Minutes approved. McDougald zoning rehearing request. Grand View Sub- division --water service to the western portion. The Recorder was to check and report to council on the num- ber of lots in the Grand View Subdivision that might be involved in service from the water main at the west end of the subdivision. This is in reference to reaching a procedural policy for the distribution of water in that area. Ordinance 3-74 concerning the cleaning of lots became effec- tive on June 27, 1974 and was to have an administrator appointed. (This will presumably become a part of Chapter 16, Moab City Code.) On a motion made by Councilman Peterson, seconded by Councilman Nightingale and carried. the Chief of Police was designated as administrator. Councilman Bonser voted nay. The Council decreed that the swimming pool should be opened for general swimming only during afternoon hours on July 4, 1974. A record of curbing rebuilding in Walker Subdivision was to be placed in the Mayor's street file. A motion was made by Councilman Nightingale, seconded by Councilman Jacobs and carried, to pay the bills as presented. Councilman Hammer voted nay. The meeting was adjourned at 10:10 P.M. on a motion made by Councilman Jacobs, seconded by Councilman Peterson and carried. ATTEST: ger, ec,r.er 6.1Wm.�D604 ean ncuou" gal t or July 16, 1974 • The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:35 P.M. on the above date. In attendance were Councilmen Harold Jacobs, Dick Hammer, Skip Nightingale, Jerry Bonser and Keith Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, that the minutes of the July 2, 1974 meeting be approved as submitted. Councilman Hammer was not present for this vote. In response to the request of Mr. K. E. McDougald for a rehearing on his previously denied petition for rezoning of certain property in Utex Subdivision from R-2 to C-2, Mr. McDougald appeared before the Council. InLL.:ated property owners had been invited to attend. Those in attendance were Mr. James McEwen, Mr. and Mrs. P. Olesen, Mr. Wayne Edwards, Ms. Avis Burd and Mr. Croasmun. Mr. McDougald briefly out- lined the investment existing in the property and problems involved toward future development either as residential or commercial. A few questions were posed by the property owners. Rather than consume Council time for discussion, the group withdrew to meet privately and attempt to reach an agreement to present to the Council at a later date. In reference to questions raised several weeks previously concerning Mrs. Bentley's request for water service in the western portion of Grand View Subdivision, Councilman Bonser made a motion, seconded by Councilman Nightingale and carried, that the City would delivery water into the privately -owned distribution system only through a master meter with a single commercial rate billing to the subdivider or responsible organi- zation, with no responsibility to the City beyond the master meter and the cost of the meter plus installation and a ser- vice deposit to be paid by the subdivider immediately at the Stime of installation. 77 c da co Councilman Hammer reviewed information previously received by the Fire District concerning the need for additional'hydran He would meet with the Fire District Board, the next evening, Wednesday, and attempt to secure more specific information up to date covering the requirements. ti Additional Fire hydrants needed. The possibility of restoring an outdoor drinking fountain Main & Center at the corner of Main and Center Streets was briefly discussed drinking Ftn. and quickly eliminated. For the purpose of providing a convenient additional signe for City checks, Joanne A. Lish was designated as Assistant Deputy Treasurer, to be bonded, and sign the account cards at both banks. The above was confirmed by a motion made by Coun- cilman Bonser, Seconded by Councilman Hammer and carried. A motion was made by Councilman Nightingale, seconded by Councilman Peterson and carried, Councilman Hammer abstaining, to grant the request of the Inca Inn Restaurant for a beer license. The application was previously cleared by the Chief of Police. The case of Dodie's Beauty Shop (non -conforming under new zoning ordinance) requesting possible relief from licensing fees and/or commercial utility rates during a proposed inde- finite idle period, was again discussed. It was thenppinion of the City Attorney that to retain non -conforming status rather than to lose the former operating permission, business license must be kept valid and commercial utility rates should apply along with the licensing intent, regardless of the amount of, or lack of, business activity. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, that a busi- ness license must be kept active wherever it is desired to retain active status under a non -conforming situation and that commercial utility rates must pertain where applicable to a licensed business. Mayor McDougald introduced a discussion on the sandy con- dition in well water and the problems being encountered by some businesses and residents. The Council unanimously passed the following resolution: RESOLUTION 1-74 WHEREAS, the present sources of municipal water supply are limited; and WHEREAS, the Mayor and City Council of the City of Moab are acutely aware of the continuing need for additional water for municipal purposes; and WHEREAS, it is believed by the Mayor and City Coun- cil that the water from Mill Creek will eventually have to be utilized for municipal purposes; and WHEREAS, the construction of the proposed Mill Creek Project, in the opinion of the Mayor and City Council, would provide unappropriated water and storage facilities for said unappropriated water, which could be utilized for municipal purposes, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Moab be and they are hereby placed on record as favoring construction of the proposed Mill Creek Dam and storage facility as a plan for insuring the availability of water for the citizens and residents of Moab City and as a long- range plan to guranatee that water will be available for future needs. Councilman Bonser announced a meeting to be held at 10;00 A.M., July 22, 1974,.in the Council Chambers With Councilman Peterson, Police Chief Dalton and Judge Grist in reference to implementing Ordinance No. 3-74. Additional sig- ner for City checks. Inca Inn beer license. Zoning--Dodie's Beauty Shop. (also business license active status and wat- er rates). Sandy condition in well water. Resolution 1-74 (Mill Creek Dam Project) Meeting re Or- dinance 3-74. 78 Police busines shooting at th dump; increase for auxiliary officers; clos ing time for private clubs; Poplar Place noise problems. Office proce- dure review. Zoning billing from Despain. Bills approved. Moab Report ad notice. Mil levy to be set at next meeting. County borrowe pipe for ball field. Plat proposal for Jim Hudson. Adjournment. Regular meeting. Attendance. Minutes approved New insurance perused. Councilman Bonser also stated that there would be no more shooting at the dump by Police officers. The Chief of Police had discussed noise problems with the management of the'Pop- lar Place. He, Bonser, had discussed thelpossibility of clos- ing time regulations for private clubs with the Elks Lodge and they were in accord if regulations were deemed necessary; the Town & Country Club had not been contacted yet. Council- man Bonser distributed a proposal concerning wage rates for the Police Department and requested an increase for auxiliary Police from $2.25 to $2.75 per hour. The proposal and re- quest were to be taken under advisement for action at the next regular meeting with the latter item to be made retro- active if approved. Councilman Nightingale reiterated his readiness to assist in coordinating the City Office activities with E. J. Claus, CPA, the Recorder and office employees. Councilman Nightingale requested information on the billing received from I. Dale Despain, The Recorder responded that it was the premise that the work on the zoning ordinance was a package arrangement and the billing was complete and final for this project. Councilman Nightingale made a motion, seconded by Coun- cilman Jacobs and carried, that the bills as presented be paid. Councilman Nightingale requested that an advance written notice be prepared for the Councilmen's schedule on Moab Report. The Council was notified that the mil levy for the new budget year must be established at the next regular meeting. Mayor MeDougald informed the Council that 1,050' of drill pipe belonging to the City was utilized at the Little League (Jr. High School) Ball Field and the County had agreed to replace this with like material as soon as possible. Engineer Keogh presented a plat proposal on behalf of Jim Hudson for subdivision amendment in Utex Subdivision cov- ering proposed acreage for church construction and two large residential lots. The amendment was approved by the Council. A motion to adjourn was made at 10:40 P.M. by Councilman Jacobs, seconded by Councilman Bonser and earried. ai._�%,� <, Dean McDougald, Ma or ATTEST: R. W. Unger/ Recorder August 6. 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor ;im, Dean McDougald at 7:40 P.H. on the above date. In attendance were Councilmen Harold Jacobs, Richard Hammer, I. D. Nightingale and Gerald Bonser, Attorney Ruggeri and Recor- der Unger. Councilman Peterson was absent. Councilman Jacobs made a motion. seconded by Councilman nightingale and carried. that the minutes of the meeting of July 16, 1974 be approved as submitted. Sterling Spafford, representing Galbraith and Green, Inc., in- surance consultants and administrators, presented an explanation of a group insurance plan underwritten by Gem State Mutual of Utah for the Utah League of Cities and•Towns {actually for any public 79 employees in the State of Utah). A comparison -was made with the present Blue Cross/Blue Shield plan in which the City is participat- ing. Some surgical benefits in the proposed plan are less extensive than in the present plan but appear to be adequate to cover the greater costs in the majority of probable situations. There is a nominal savings in premium. The Council decided to take the compari- son under advisement but noted that no changes would be made without consultation and approval of the City employees. A plan submitted by the Stoye Agency from Travelers Insurance was not submitted to the Council. It had been previously reviewed in the Mayor's office and round to be more expensive and offering less coverage. The Recorder was instructed to secure fuel bids for a period of twelve months. beginning September 1, 1974. A request was presented in behalf of John Keogh for the contin- uation of an agreement permitting him to utilize overflow waste water from the Old City Park pond, only part of which is presently being used due to an 114" pipeline which is inadequate, thus permittin a periodic pond overflow with resultant erosion. The Keogh request was for permission to replace the 11/4" pipeline with a 4" pipeline, to share with a neighbor and control runoff erosion. Councilman Ja- cobs made a motion. seconded by Councilman Nightingale and carried. to permit the pipe size change with all other factors in the original agreement remaining in effect. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to adopt Resolutions 2-74 and 3-74, which follow in these minutes. RESOLUTION 2-74 WHEREAS, the Mayor and City Council of the City of Moab adopted an amended budget at their meeting held June 25, 1974 for the fiscal year July 1. 1973-June 30, 1974. by motion rather than by resolution; and WHEREAS, the Statutes of the State of Utah relat- ing to the adoption of municipal budgets provide that City budgets will be adopted by resolution; and WHEREAS, the Mayor and City Council have determined that the minutes of the meeting of June 25, 1974, should be amended to comply with the State laws relating to the adoption and amendments of budgets. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting of the City Council held June 25, 1974, be, and the same are, hereby amended to show the adoption of the budget by resolution rather than by motion. BE IT FURTHER RESOLVED, that the amended budget for the fiscal year July 1, 1973-June 30, 1974, be, and the same is, hereby ordered adopted as presented to the Mayor and City Council at the meeting held June 25, RESOLUTION 3-74 WHEREAS, the Statutes of the State of Utah relating to the adoption of municipal budgets provide that the City budget will be adopted by resolution; and WHEREAS. the minutes of the City Council meeting of June 25, 1974, show the adoption of the budget by motion rather than by resolution; and WHEREAS. the Mayor and City Council have determined that the minutes of the meeting of June 25. 1974 shall be amended to comply with the State laws relating to the adoption of budgets. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting of the City,Council held June 25. 1974, be. and the same are. hereby amended to show the adoption of the budget by resolution rather than by motion. Fuel bids--1974- 1975. Keogh request to continue utilize. tion of overflow wasterwater from Old City Park pond. Adoption of Re- solutions 2-74 and 3-74. Resolution 2474. Resolution 3-74. 80 Adoption of Re- solution 4-74. Resolution 4-74. Police Dept. --Men Softball Assoc. participation. Community Affairs contribution. Veterinary agree- ment; Charles D. Chase. Fencing where City property is involved. Building Inspecto having difficul- ties w/applica- tions for permits BE IT FURTHER RESOLVED, that the budget for the fiscal year commencing July 1, 1974 and ending June 30, 1975 be. and the same is. hereby ordered adopted as presented to the Mayor and City Council at the meeting held June 25, 1974. Following some discussion with clarifications offered by Ed Claus, CPA, in attendance for this portion of the meeting, Council- man Jacobs made a motion, seconded by Councilman Nightingale and carried, to adopt Resolution 4-74, below, establishing the mill levy for fiscal 1975. RESOLUTION 4-74 WHEREAS, the Mayor and City Council of Moab by resolution adopted a budget at their meeting held June 25, 1974 for the fiscal year July 1, 1974-June 30, 1975; and WHEREAS, it appears necessary that additional revenue be raised to insure' adequate funds to support the 1975 fiscal year budget; and WHEREAS. the only source of revenue available to the City Council to insure sufficient funds to support the budget so adopted is through property taxes; and WHEREAS, from the information available at this time an increase in the mill levy from 17 mills for the general fund and 1 mill for the Special Improvement District should be raised to 23 mills for the general fund and 1 mill for the Special Improvement District. NOW, THEREFORE, BE IT RESOLVED. that the 17 mills for the general fund be. and the same is. hereby in- creased from 17 mills to 23 mills and the mill levy for the Special Improvement District be, and the same is, hereby raised to 1 mill. The Council authorized a payment of $75.00 for Police parti- cipation. in the summer of 1974, in Men's Softball Association. Councilman Bonser Stated that it should be paid from the Police budget. The Council authorized a contribution of $50.00 toward a beauty pageant expense subject to the approval of Councilman Peter- son for payment to be made from Community Affairs fund. An agreement made between the City of Moab and Charles D. Chase, DVM, for impounding and disposal of dogs was presented to the Council. A motion for approval was made by Councilman Nightingale, seconded by Councilman Hammer and carried. Councilman Jacobs voted nay. A question was raised concerning a policy to be followed if a property owner requests permission for fencing aiiuuld City propertiy be involved. This pertains in areas where City streets do not abut property lines. thus leaving an open area between the existing curb and the property owner's boundary. It was agreed that fencing could be permitted with a minimum setback of five feet from curb line to permit foot traffic. If the fence location is on City property or encloses City property, the owner desiring the fence shall enter into a written agreement with the City to remove the fence at the owner's expense at any time the City may so request. It was noted that the Building Inspector encounters considerable difficulty at times in relation to securing applications for building permits. This is particularly true in cases of do-it-yourself pro- jects where a citizen may not be as aware of regulations as a con- tractor should be. When approached by the Inspector. then response is at times quite negative. In cases where a City employee may be involved in such a violation, it was the edict of the Council that the Administration should take any additional steps necessary to assure compliance. Periodic lapses by the School District were also noted. They. too. should comply with the routine of regulations. even though the fees would be abated. -- 81 In reference to the new construction of First Security Bank, the bank has a 20 foot wide strip running north from Center Street to the south fence line of the post office yard area. Their plan is to surface this strip along with bank parking and drive -up window areas. They made a request that the City also pave or repair the balance of the potential alleyway from their property north on through to First North Street. It was learned that the City owns a 16 foot wide strip from First North Street southward for 90.5 feet and a 13 foot wide strip from this point southward for 25 feet. The intervening distance of 115.5 feet is the property of Dr. Munsey. According to the bank, the doctor assured them that he would grant the City a right-of-way to permit execution of the project. This intervening section has been open and traveled for many years. The Council agreed that the City should proceed with acquisition of the right-of-way and make the necessary surface improvements to provide a usable passageway. Tom Stocks entered the Chambers, was acknowledged by the Mayor, and stated that he had been requested by Mrs. John Krist to inform the Council that a 4-H stock show was to be held at the Rodeo grounds on Monday, August 12, with a stock auction sale to be conducted at 7:00 P.M. Councilman Nightingale made a motion, seconded by Councilman Bonser and carried. to adopt Resolutions F1-74 and F2-74, as follow, pertaining to application for Federal Flood Insurance. RESOLUTION F1-74 WHEREAS. certain areas of the City of Moab, Utah. are subject to periodic flooding from streams, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of Fed- erally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of this City Council to require the recognition and evaluation of flood and/or mudslide hazards in all official actions relating to land use in the flood plain areas having special flood hazards; and WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Title 10-9. Utah Code Annotated, 1953. as amended. NOW, THEREFORE, BE IT RESOLVED, that this City Council hereby: 1. Assures the Federal Insurance Administration that it will enact as necessary, and maintain in force for those areas having flood or mudslide hazards. adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in Sec- tion 1910 of the National Flood Insurance Program Regula- tions; and 2. Vests the Mayor of the City of Moab, Utah, with the responsibility, authority, and means to: (a) Delineate or assist the Administrator, at his request, in delineating the limitsnof the areas hav- ing special flood hazards on available local maps of sufficient scale to identify the location of building sites. (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain. (c) Cooperate with Federal. State and local agencies and private firms which undertake to study; sur- vey. map and identify flood plain or mudslide areas, and First Security Bank request for City to repair its portion of alleyway. 4-H Stock Show and auction to be held August 12. Resolutions F1-74 and F-2-74 adopt- ed. Resolution F1-74, 82 Resolution F2-74. cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. (d) Submit on the anniversary date of the community's initial eligibility an annual report to the Administrator on the progress made during the past year within the community in the development and implementation of flood plain management measures. 3. Appoints the Mayor of the City of Moab. Utah, to maintain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded. 4. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program. RESOLUTION F2-74 WHEREAS, the City of Moab has adopted and is en- forcing Chapter 5 of the Moab City Building Code, Zoning Ordinance 1-74. Chapter 27, Moab City Cod" and WHEREAS, Section 5-5 (by reference, Chapter 36 Sec- tion 301, Utah Building Code 1964) of the aforesaid pro- hibits any person. firm or corporation from erecting, constructing. enlarging, altering. repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Building Inspector; and WHEREAS. the Building Inspector must examine all plans and specifications for the proposed construction when application is made to him for a building permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Moab City as follows: 1. That the Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard. any proposed new construction or substantial improvement (including prefabrication and mobile homes) must (i) be designed (or modified) and anchored to prevent flota- tion, collapse or lateral movement of the structure, (1i) use construction materials and utility anuipment that are resistant to flood damage. and (iii) use construction methods and practices that will minimize flood damage; and 2. That the Building Inspector shall review sub- division proposals and other proposed new developments to assure that (i) all such proposals are consistent with the need to minimize flood damage. (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and 3. That the Building Inspector shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltra- tion of flood waters into the systems and discharges from the systems into flood waters, and require on -site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. 831 A letter` from the Castle Valley Institute requesting refund of a building license fee in the amount of $64.00 was read to the Coun- cil. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to rebate the amount in question. A discussion was held concerning recent complaints concerning noise from the Poplar Place and an apparent lack of cooperation of the owners with the Police Department. Attorney Ruggeri informed the Council that he had been requested to file public nuisance charges against the business. In his opinion a more practical, simpler and effective means would be for the Council to revoke the beer license. A decision was reached to seek documentation of the complaints on which the Council could base a decision and then decide on revocation or additionally call the owners to a hearing before the Council to show cause why the revocation should not be executed. The Council was informed concerning an agreement made last year between the City and County concerning the financing of the Mill Cree Drive bridge project wherein a joint bank account was to be estab- lished for holding the funds. Since this had not been accomplished, the Recorder had discussed the situation with the County Commission on August 5, 1974 and learned that it was the will of the Commission that the City administer the funds with all other provisions in the agreement remaining unchanged. The Recorder was also instructed to check with the State Highway Engineering Department concerning the bridge design as it might relate to the flow of flood waters. A discussion was held concerning Councilman Bonsee'.. proposal covering Police salaries effective beginning July 1, 1974. A motion was made by Councilman Nightingale. seconded by Councilman Jacobs and carried, to accept the proposal as submitted with one deletion. The City will not pay the dependent premium on the group medical and hospitalization plan. Councilman Nightingale presented a proposal for salaries in the Administrative Department. This proposal was accepted on a motion made by Councilman Bonser, leconded by Councilman Hammer and carried. Councilman Jacobs submitted a salary proposal for the street and utility departments and made a motion for its acceptanee. The motion was seconded by Councilman Nightingale and carried. - Details of these proposals will be made available to the payroll clerk. Basically the intent was to handle supervisors on an indivi- dual basis, to honor commitments made to new employees and provide a percentage increase for all other employees at a specified date. all in an attempt to achieve some procedural standardization for the futu - Councilman Hammer was assigned the duty of studying the salary situation of the Building Inspector. The entire Council is to review the conditions pertaining to the City Judge and Court Clerk. Councilman Nightingale made a motion to pay the bills as pre- sented. The mction was seconded by Councilman Bnnc^.• and carried. Councilman Bonser read a letter from an Isabelle Bills directed to the Mayor and raising complaints against the Police Department. Due to the peculiar nature of the letter. it was decided that it should be filed without response. Councilman Hammer stated that he was again receiving complaints of renewed noise from exhause and tires of motorbikes and automobiles He also requested information concerning the enforcement of the recently passed ordinance covering trash, etc., on open lots and • around buildings. Councilman Bonser responded that it had not yet been possible to set up a conference between Councilmen, enforcement people and the court to establish a uniform plan of action. Councilman Hammer raised questions concerning sandy water damage alleged by A & W Root Beer and their requests for financial settle- ment from the City. The tenor of the Council was in opposition to accepting any financial responsibility. The Mayor had made assurance to the complainant of City cooperation toward resolving the problem. The Council gave full support for the Mayor to settle the issue. Rebate of build- ing permit fee for Castle Valle) Institute. Poplar Place -- noise nuisance. Financing of Mill Creek Bridge pro- ject--City/Count) venture. Proposed Police Department sal- aries. Proposed Adminis- trative Depart- ment salaries. Proposed Street & Utility Dept. salaries. Salary increases to be made avail- able to payroll clerk. e. Building Inspec- tor salary; Judge & Court Clerk. Bills approved. Police Department complaint. Motorbike, etc. noise complaints. Trash ordinance enforcement -- meeting to be Maid held. A h W Root Beer -- sandy water com- plaint --Council to back Mayor in decision. 84 Leavitt's 66 san dy water problem A similar but unrelated incident involving Leavitt's 66 Ser- vice Station was referred to the Recorder for settlement. Judge's salary. Erma Taylor to reroute sewer line. Utah League of Cities & Towns Directors meet- ing to be atten- ded. Adjournment.' Regular meeting infonitial openin not 0 quorum. Betty Nelson pr testing dog vio lotion & conic tion. Bi-centennial Committee repor Minors allowed in game rooms o beer taverns? Formally opened meting --atten- dance. Minutes approve Hospi*alization insurance rates compared, etc. The Mayor stated that the salary problem for the City Court Judge should be settled at the next Council meeting. An unexecuted request and agreement made with the previous administration was reviewed. Erma Taylor wishes to reroute the sewer line between residence and sewer main. The Council agreed to comply with the previous arrangement whereby,no new connection fee would be assessed butthe property owner would pay the City for the actual cost of a new connection front the prolerty line Eo the City main. The Mayor announced that he would be attending a Director's meeting for the Utah League of Cities and Towns being held in Cedar City on August 10, 1974. He asked if the Councilmen had any questions or problems for him to present it the meeting. There were none. Councilman Jacobs made a motion, seconded by Councilman Nigh- tingale and carried, for adjournment at 11:15 P.M. ATTEST; R. W. Unger, R corder Wm. canMcDougal ,1fa or August 20, 1974 The regular meeting of the Moab City Council was called ;to order, informally, in the Council Chambers by Mayor Wm. Dean McDougald at 7:40 P.M. There was not a quorum available. Betty Nelson appeared in protest of her citation and con- viction concerning a dog violation. She then offered some criticism of the zoning regulations. Those present listened respectfully and referred any necessary follow-up to Animal Control officer Stocks and Building Inspector (Zoning Admin- istrator) Shaffer. Marti Benge up -dated the group concerning the activities of the Bi-centennial Committee. In reference to a possible convention center, she announced the scheduling of a joint meeting at 7:30 P.M., September 4, 1974, with the County Com- mission and School Board and requested City Council represen- tation at the meeting. Paul Manoini, dba the Wagon Wheel, requested information concerning admitting 18 year olds to pool and game rooms op- erated in conjunction with beer taverns. It being illegal for anyone under 21 years of age to be in or about tavern premises, the consensus was that violations should not be encouraged or permitted. Councilman Bonser is to contact other operations where enforcement may be applicable. The meeting was formally opened by the Mayor at 8:50 P.M. In attendance were Councilmen Jacobs, Nightingale, Hammer and Bonser, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to approve the minutes of the meetung of August 6, 1974 as submitted. The Mayor introduced a discussion on the comparison of hospital and medical insurance plans for City employees, The matter was referred -to Councilman Nightingale for detailed study, investigation and recommendation. 85 c eN co A U U Approval by the City of an application from the Apache Motel Restaurant to the State Liquor Control Commission for a mini bottle permit was requested.. A motion was made by Coun- cilman Nightingale, seconded by Councilman Jacobs and carried, to approve the request. Councilman Hammer voted nay. It had -been proposed that a joint venture be undertaken by the City and County to place a larger culvert under a County road in the vicinity of the Old City Park as a flood control aid. Councilman Jacobs is to investigate. A question was raised concerning public weighing on the truck scales at the City yard. Use of the scales has been and will continue to be permitted during regular business hours for such vehicles as can be accommodated. It is not intended that the scale business be exploited, but done only as required as a public convenience. A request of Melvin Goff for City assistance in providing a gutter or flodd run-off ditch alongside so-called Powerhouse Road was discussed and denied. This access to property off Mill Creek Drive has been maintained by the City but is in re- ality a 12 foot wide property easement for Utah 'Power & Light Co. Between the cul-de-sac at the west end of Andrea Court to the irrigation' ditch on the east side of Fifth West Street is an open concrete storm drain. It will carry a nominal amount o storm water and prevent or minimize erosion from adjacent properties. The grade is too flat to carry leaves and grass cuttings when the only water available is from yard watering th flows into the gutters from up the street. The property owners adjacent to the drain complain of the stagnant smell unless City crews periodically clean the drain manually or with fire hose. Additional fall (or grade) could be achieved by rebuild- ing the drain to discharge at a lower level in the irrigation ditch. Councilman Hammer made a motion, seconded by Councilman Nightingale and carried, for the City to rebuild this drain. Councilman Jacobs made a motion, seconded by Councilman Nightingale and carried, to adopt the Utility Budget as sub- mitted. It was decided to hold a meeting at 2:00 P.M. on Friday, August 23, 1974, to include Chief Dalton, Mayor McDougald, interested Councilmen and Joe May, dba the Poplar Place, re- garding noise nuisance complaints related to the business. Judge Crist presented a lengthy statistical dissertation on City Judge work loads and compensation throughout Utah in support of his request for a salary increase. Councilman Bon- ser made a motion, seconded by Councilman Nightingale and carried, that the salary of the Moab City Judge for the period July 1, 1974 to June 30, 1975 be established at $12,000.00 per year and in addition the City will pay the 6% reiwement bene- fit previously deducted from the salary. In addition to advertising, five firms were invited to bid on motor fuel supply for the period September 1, 1974 to August 31, 1975. Texaco, Conoco and Union did not bid. Bids were received from McDougald Oil and Chevron. On the basis of prices prevailing at the time of bidding, Chevron was the parent low bidder. A motion was made by Councilman Hamner, •econded by Councilman Jacobs and carried to award contract to ow bidder subject to specification review by Councilman Jacobs and Recorder Unger. Councilman Nightingale made a motion, seconded by Council- man Jacobs and carried, to pay the bills as submitted. Councilman Jacobs led a discussion hn trash conditions at 148 East First North. Corrective action was to be referred to the Chief of Poliee and the Building and Health Inspector. Apache Motel Restaurant mini bottle request. Culvert near Old City Park re flod control Public weighing on Yard scales. Goff request for run-off ditch by Power- house Road. Open -storm drau at Andrea Ct. & Fifth West -- nuisance; water remains stagnard it Utility Budget adopted. Special Council meeting re Pop- lar Place (Joe May) . Judge Crist re- quest for salary increase. Gasoline bids. he Bills approved. Trash conAltion, at 148 E. 1st N. 86 Water leaks. Attorney salary increase. Adjournment. Special meeting. Attendance. Poplar Place petition. Councilman Jacobs also discussed water leaks and the prob- lems incident to the inspection of old water lines, both City and private lines, beyond meters,. Councilman Nightingale made a motion, seconded by Council- man Hammer and carried, to establish Attorney Ruggeri's monthly salary at $500.00 per month effective July 1, 1974. The meeting was adjourned at 11:00 P.M. ATTEST: R. W. Ung r, Recorder Wm. Dean McDougald, t yor `- August 26, 1974 A special meeting of the City Council was called to order at 2:00 P.M. on the above date in the Council Chambers by Mayor Wm. Dean McDougald. In attendance were Councilmen Nightingale, Hammer, Bonser and Peterson, Chief of Police Dalton, Attorney Ruggeri, Recorder Unger and Joe May, dba The Poplar place. The following petition was submitted as an introduction to complaints against Mr. May: AUGUST 14, 1974 We the undersigned do Strenuously object to the excessive and loud music emanating from the "Poplar Place" until late night hours. We petition the volume of music be lowered to insure no further disruption of the peace. 87 co To U It was then pointed out that over a period of time the Police had received numerous noise complaint calls but their visits to the establishment produced only temporary results. The Mayor advised Mr. May that it_was the decision of .the Council to revoke his license for a ten-day period on a first offense basis with a second offense resulting in a thirty -day revocation, and a third offense in permanent loss of license. He added that it was also the consensus of the Council that the City had more than adequate Class I leer outlets and if any existingoone terminated for any reason no license would be granted on a new application. Mr. May stated the noise problem was generally related to times when -live entertainment was provided. He would discon- tinue the practice of having live music& Chief Dalton stated that although other problems arise that are more or less typical to this type of establishment, the one that had been out of control was the noise situation. In view of the fact that Mr. May volunteered to discontinue the live music and said he could maintainLcontrol over the sound volume from a'"juke^ box, the Chief recommended withholding action on the ten-day revocation. Councilman Nightingale made a motion, seconded by Council- man Bonser and carried, to permit the Poplar Place to prove its actions under the new arrangement with penalty to be :in ked if and when so recommended by the Chief of Police. The meeting was adjourned at 2:20 P.M. Wm. Dean M Dougald, ayor ATTEST. R. W. Unger, R,corder September 3, 1974 The regular meeting of the Moab City Council was 'called to order in the Council Chambers by Senior Councilman Harold Jacobs at 8:05 P.M. on the above date. In attendance were Councilmen Hamner, Bonser and Peterson, Attorney Ruggeri and Recorder Unger. Linda Steen, Moab representative of Planned Parenthood appeare before the Council to present a six-month report of activities as originally -requested by the Council in,granting a one-year trial operation. She stated that her hours had been from 9:00 A.M. to 1:00 P.M:, with two hours spent in the office and two hours daily, in the field: Twenty office inquiries had been recieveo rrom low income families. Door-to-door household calls had received favorabl response.-1Councilmen Jacobs asked concerning the kind ofiservices ^f'ered. The response was that no pressure is applied, but an effort made to determine the size of families people desire. It was stated that the number of low income families in Moab was sur- prisingly high. The main control services available cover contra- ception and VD control, the latter posing no local problems. Family information is available to cover physiological problems., I11 children are referred to the County Nurse.- Unemployment and mental health are also referred to respective agencies. Councilman Hammer requested information on program funding. The response was that funds from HEW are administered by the State on a need basis. Coun- cilman Bonser complimented Mrs, Steen on her voluntary six-month report which indicated no public problems or community upsets. Area Director_ Pat Colosimo from Price was informed -by Councilman Jacobs that following some local inquiries a letter of comment on the activity would be forthcoming from the City. Noise complaint: Revocation of Class I beer license dis- cussed. Mayawill dis- continue live entertainment. Withhold action on revocation cf beer license since coopera- tion offered. Motion to allow Poplar Place time to prove itself. Adjournment. Regular meeting. Attendance. Planned Parent- hood six-month report. 86. Hank's Billiards cabaret license application. 'Noise complaint in City Park area. Application for stub water con- nection off Mc- .Dougald Oil line. Annual meeting of Utah League of Cities & Towns. Week -end stand-by personnel for water & sewer dep Monitoring well pumping opera- tions. Police pay poli- cies. School children gathering :nd library during noon hour. Request for oil dust sealing on Park Drive. Child hazard prob lems on Fifth Wes Bills approved. Earl D. Johnston, dba Hank's Billiards, appeared in support of an appllcation,for,a cabaret license. Councilman Bonser made a motion, seconded by Councilman,Hanmer and carried, to permit the issuance of a license for a half year to be renewed on Janu- ary 1, 1975 on a calendar year basis to coincide with beer licen- sing period. Mr. & Mrs. Terry Warner, 336 Park Road, accompanied by Police Sergeant Rowley, appeared before the Council to register a com- plaint concerning loud musical practice sessions emanating from directly across the street at indiscriminate hours. The complaint was precipitated resulting from threats to sand gasoline tanks and break windows made by the noise makers following attempts to secure curtailment of the activities. After some discussion, it was decided that the Police should identify the noise makers following which at least three complainants would sign a complaint and if necessary appear in court as witnesses to abate the nuisance. Dur- ing this period of activity, Mayor Wm. Dean McDougald, Councilman Nightingale and Engineer Keogh joined the meeting. A request was submitted through the Recorder with information from the Gity Attorney for a one -residence stub water connection permit off the McDougald 0i1 Company line off the City water main. This could involve the necessity of pumping to reach the residence. The City Attorney submitted an agreement proposal to allow such a connection under permission from McDougald 0il Company and in com- pliance with all City water connection regulations. Councilman Jacobs made a motion, seconded by Councilman Hammer _ad carried, to allow an application under the proposed legal stipulations. Mayor McDougald announced the September 26-28 annual meeting of the Utah Legaue of Cities and Towns and requested that Coun- cilmen planning to attend should make their intentions known so that registration and reservations could be cared for. Councilman Jacobs outlined week -end problems related to water or sewer service emergencies during which time no employees were on duty. He proposed that department employees be scheduled on a rotation basis to be available for call. The assigned employee, would be paid $5.00 per day for weekend or holiday stand-by duty. In addition, for these times or after hours, a non -supervisory employee would receive a minimum of two hours overtime pay for each call -out, or to include actual time in excess of two hours. It was the opinion of the Council that Councilman Jacobs should have a free hand in developing details of a policy to cover such emer- gencies. Councilman Jacobs also expressed a desire to pursue a means of mechanically monitoring well pumping operation. He was exten- ded permission to proceed with such a project. A question arose concerning Police pay policies before and after the most recently adopted salary plan. The Recorder was to review prior hiring and report to Councilman Boncar concerning pre- vious commitments. Particular reference involved Patrolman Duncan. Councilman Hammer stated that he had received complaints about school children congregating behind the library during the noon hour.. Councilman Bonser was to investigate for problems. Councilman Hammer noted a request for oil dust sealing of about z block of Park Drive south from Fifth West Street. It was pointed out that this access was opened and graveled at the request of property owners, but that paving, curbs and gutters were the subdividing responsibilities of the street adjacent prop- perty owners. There also appear to be some child hazard problems along Fifth West Street south of Fourth North,Street with the ditch and cul- verts of Moab Irrigation Co. The street department will check. Councilman Nightingale made a motion that the bills be paid as presented, seconded by Councilman Jacobs and carried. 89 Councilman Peterson explained the planned enforcement of Ordi- nance 3-74 relating to vacant lot cleanup. The Chief of Police has been appointed as ordinance inspector. He or his deputies are to locate or answer complaints on violations, take pictures and submit with accurate descriptions to the Recorder's office. This office will contact the owner by certified mail concerning the problem and the oridinance to initiate complaince. The balance of procedurewoul follow the ordinance. It was pointed out that there was some City -owned property that could be under criticism for similar violations. The Council was to meet informally for coffee at the Apache Cafe at 10:00 A.M., Friday, September 6, 1974, and tour some of the immediate area for inspection The meeting was adjourned at 10:15 P.M. . Dean McDougald, Mayor ATTEST: Pi R. W. Unger, Recorder September 12, 1974 A special meeting of the City Council held jointly with the Cit Planning Commission convened at 12:10 P..M.,at the Sundowner Restau- rant on the above date. In attendance were Mayor Wm. Dean McDougald, Councilmen Jacobs, Nightingale, Bonser and Peterson, Planning Chairman Allen, Commissio members•,Knowles, Gaither and Cook and City Recorder Unger. The -Mayor outlined the purpose of the meeting, which was pri- marily -to discuss means of orderly maintenance of City -owned propert between curbs and private property lines, mainly in the original 25- block City area. Depending on paved street widths and center line locations, these "set backs" range from nothing up to a maximum of 28.51, A few property owners do maintain their frontages with grass or weed -free gravel, but many areas are bare ground or weed patches. In line with attempts to enforce the City Ordinances concerning trashy and unsightly lots, the Council is quite concerned about the condition of City property. A general discussion was held and several ideas proposed for co sideration. It was generally agreed that a good, economical, long- range solution could not be achieved without considerable study and City financial planning for the future. The meeting adjourned at 1:00 P.M. The Mayor hosted lunch. McDougald, ayor September 17, 1974 The regular meeting of the Moab City Council was called to or- der in the Council Chambers by Senior Councilman Harold Jacobs at 7:40 P.M. on ti,e above date. In attendance were Councilmen Nightingale, Hammer, Bonser and Peterson, Engineer Keogh and Recorder Unger. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to approve the minutes of the regular meeting held Sep- tember 3, 1974 and the special meeting held September 12, 1974 as submitted. Ordinance 3-74 , enforcement. City -owned prop- erty needs clean- up, too. Adjournment. Special meeting. Attendance. Maintenance of City -owned prop- erty between cubs & private prop- erty lines dis- cussed. Long-range study required. Adjournment. Regular meeting. Attendance. Minutes approved. 90 City street seal coating to con- tinue. Joint projects with Grand County Commission --build- ing inspector, livestock control and Mill Creek Drive Bridge pro- ject. Huntington Power Plant opening invitation. Ruggeri joins mtg. ;Jaycees attend re open dances and possible noise complaints. Citizens appear re noise distur- bance from "rock" band. Collapsed water culverts by Five C's store location Due to the fact that the Grand County Road Superintendent had determined that oil for seal coating was priced the same at all possible sources and that it had to be taken on an "as available" basis rather than on any schedule that might be established by the local users, it was decided to proceed with the City street seal coating project, when practical, using materials and spreading equipment from Blackline Asphalt Sales Co., who had provided sat- isfactory services in previous year. Councilman Nightingale made a motion, seconded by Councilman Peterson and carried, to approve the action without the regular bidding procedure. The Recorder suggested that the Council consider the joint building inspector, livestock control and Mill Creek Drive Bridge project and clarify or resolve financial problems with the Grand County Commission. The Council wished to have time to study the problems, prepare recommendations and request a special meeting with the Commission subject to their next regular meeting. It is intended thatthe Council establish some guidelines to be followed by the Mayor, Recorder and one or more Councilmen in settling problems with the Commission. Councilman Jacobs presented a letter invitation from E. N. Hunter, President of Utah Power & Light Co. for the Mayor and others to attend lunch and dedication of the newly completed Huntington Power Plant. The dedication date is September 30, 1974. The Mayor had previously stated his inability to attend. Coun- cilman Nightingale plans to attend under a bank invitation. The Recorder will make the suitable response. Attorney Ruggeri joined the meeting. Moab Jaycees Bob Ames, Ron Turner and one other appeared before the Council. The Council was unaware of the purpose of their appearance. The Recorder stated that they had been invited at the request of the Mayor to discuss recreational problems concern- ing young adults and teenagers. This was brought about by some complaints against loud music emanating from an outdoor dance sponsored by the Jaycees on the previous Friday night. Councilman Bonser voiced support of teenage entertainment even at the expense of a few complaints on noise. Councilmen Peterson and Nightingale concurred. Mayor McDougald joined the meeting and took over the chair. Councilman Jacobs stated that he believed that sound levels could and should be controlled. The Jaycees said that they had sponsored this one dance as a trial balloon. They would like to sponsor others in the future, preferably indoors if suitable faci- lities could be located. They did not want to be involved in any noise disturbance controversies. It was noted that the Police dispatcher had recieved nine complaint calls. The Mayor stated that regardless of sentiment on entertainment it was the duty,of the City authorities and the Police to enforce the laws and maintain order. Councilman Peterson reitterated that the Council was not opposed to entertainment when noise levels are held down. Follow- ing some additional and somewhat repetitive discussion, the Jaycees retired to attend their owh regular meeting and rc;--t on the reaction they had received fromthe Council. Mr. & Mrs. Terry Warner, Mr. and Mrs. James Dressback, Mr. James Wiseman, Mr. R. Higgins and one or two others appeared before the Council to reopen a complaint made at a previous Coun- cil meeting concerning loud music from a "rock" band'practicing in an open neighborhood garage at all hours of the day and night, plus refusal of the band participants to conform to Police requests to control their activities in a neighborly manner and making reprisal threats against anyone who might attempt to secure Police inter- vention. To some extent delayed action might be related to the dislike of people getting actively involved in filing legal com- plaints. A reassurance was given the group that the names of the purported offenders would be secured and the City Attorney would prepare a complaint. One citizen would sign the complaint and three would appear in court as witnesses for the complaint. Street Superintendent Day informed the Council concerning a complaint he had investigated at the Five C's store location. In- volved are water culverts that have partially collapsed and present 91 driving and walking hazards in the approach from driveway to store parking area. Mr. Day stated that this was on private property and he did not believe that making repairs should be a City respon- sibility. Engineer Keogh confirmed that the properties involved belonged to the Five C's and the Moab Irrigation Company. The City Attorney is to write letters to the property owners requesting them to abate a safety hazard forthwith. The action was confirmed on a motion made by Councilman Hammer, seconded by Councilman Jacobs and carried. Councilman Bonser announced that some of the recent burglaries had just been solved by the apprehension of two juveniles and re- covery of stolen property. He also informed the Council about the loss of one Police officer to industry for higher pay. He then submitted -two proposals to the Council for immediate future planning in the Police Depart-, ment. One involved increasing the pay of all officers, including the Chief, and putting them on a 44-hour work week operating with a total force of four men. The other involved increasing the pay rate for all but the Chief, hiring one new man for a force of five men and remaining on a 40-hour work week. Councilman Nightingale made a motion to permit Councilman Bonser to proceed toward main- taining a five -man force and effecting his latest wage proposal with the provision that the wage structure remain within boundaries of the budget. The motion was seconded by Councilman Peterson and carried. Councilman Hammer voted nay. In the light of the Police pay problem, the Recorder was reques ted to prepare a resurvey of all other City departments concerning wages and related budget appropriations. Councilman Jacobs voiced his concern over the type of many of the people now moving into the Moab area. Councilman Nightingale stated his intention of attending the annual meeting of the Utah League of Cities and Towns. Mrs. Nightingale will accompany him to Salt Lake City. Councilman Peterson had been visited by State representatives for beautification sheltered at least in part by the Utah Community Progress program. One apparently worthwhile suggestion was to try activating the Boy Scouts, Interact Club, Leo Club and other youth groups to provide work parties for the purpose of weeding and doing other types of cleanup work for property owners. In lieu of wages the participating property owners would make reasonably fair contri- butions to the organization under whose banner the work was done. Councilman Peterson was designated as the proper person to contact the youth groups and attempt to establish a cleanup program. The Mayor stated that the Policemen on duty represent the City and should be able to handle complaints through the dispatcher so that Councilmen and administrative personnel need not, in most cases be obligated to take immediate action to satisfy the complaint. This did not pertain to emergencies concerning utii,ities. Councilman Nightintale made a motion, seconded by Councilman Peterson and carried, to pay the bills as presented. The meeting adjourned at 11:05 P.M. Wm. Dean McDouga ., 'a or ATTEST:-�/ R. W. Unger, Rec rder October 1, 1974 The regular meeting of the Moab City Council was called to orde in the Council Chambers by Mayor Wm. Dean McDougald at 7:40 P.M. on the above date. Police apprehen- ded 2 juveniles. Police Department wage increases -- lost one officer due to low pay. Wage survey for all City depart- ments. Nightingale to attend Ut. League of Cities mtg. Beautification projects sugges- ted. Policemen on duty should be able to handle complaints Bills approved. Adjournment. Regular meeting. 9 2 Attendance. Attendance. Citizens present.( Minutes approved Brazilian Rotary exchange student , introduced. Sewer line flow measurements -- Nielsen, Maxwell & Wangsgard. Water supply situation. Attendance. Walnut Lane Trlr. Ct. sign request. Discuss joint pr jects w/County. Noise complaint status report request Mtg. w/Keller. Five C's driveway In attendance were Councilmen Nightingale, Hammer and Bonser, Attorney Ruggeri, Engineer Keogh. and Recorder Unger. Late, Coun- cilman Peterson; absent, Councilman Jacobs. Street Superintendent Day was in attendance. Citizens observing during part of the meeting were Bob Ames and Bi11 Howser. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to adopt the minutes of the September 14, 1974 meet- ing as submitted. David Allen, Chairman of the City Planning Commission, intro- duced Gustavo Fava, a Rotary exchange student from Brazil. Gus read a letter from Mayor Luiz Garcia de Hero of Votuporanga, Brazil, the student's home town. It is a city of about 45,000 population. The letter described its location related to other better-known cities in the country and the local industry. It extended a greet- ing to the Mayor of Moab. After interpreting the letter, written in Portuguese, Gus presented it to Mayor McDougald. Willian Luce, representing consultants Nielsen, Maxwell and Wangsgard, reported to the Council concerning flow measurements he had made in some sewer lines during the early morning hours of the day. Some infiltration was noted in the Palisades subdivision line, with a greater amount found in one from Steenville or Taylor subdi- vision areas. The flow measurement, in areas where thprn are no sewer connections, was about 6 times the permissible structural leakage. Considerable flow was also noted in the main line. This was basically attributed to the number of water-cooled refrigeration and air condi- tioning units that are served by this line. Mr. Luce stated that the year 1983 was the final deadline for upgrading wastewater treat- ment from class "D" to class "C" water quality. He outlined the steps to be taken to achieve the requirements, with the addition of tertiary treatment being the most costly. He stated that the earlier plans are made the sooner it will be possible to secure financial aid. His firm is to prepare a recommended step-by-step time table on which to make plans. Some discussion was also held concerning the water supply situation. Councilman Peterson joined the meeting. The Recorder informed the Council that Walnut Lane Trailer Courtwas seeking written permission to retain a sign on City property at First North and Main Streets so an encroachment license can be secured from the State Highway Department. Councilman Pet- erson was assigned to investigate and report back to the Council. The Mayor suggested that at the joint meeting with the County Commission and the Soil Conservation Service scheduled for October 23, the Council and Commission hold over and review the joint ac- tivities and agreements in force between the City dflU County. The Recorder was instructed to provide the Councilmen with a list of these agreements with each Councilman to be prepared to discuss those in his particular area of responsibility. Councilman Hammer requested a status report on the noise com- plaint on Park Road. The report was that a complaint was prepared, at Attorney Ruggeri's office, against the (adult) property owner, but that no complainant had yet signed it. Attorney Ruggeri said he has an appointment with Judge Keller on October 9 and would attempt to have a specific time set. Inter- ested Councilmen could also join the meeting, in reference to juvenile conviction penalties. Councilman Hammer asked about action taken in reference to cul- vert problems at Five C's Store driveway. Attorney Ruggeri stated that letters were dispatched to Five C's and Moab Irrigation Co., but no response received. 93 A motion was made by Councilman Nightingale, seconded by Coun- cilman Peterson and carried, that the property owners, consisting of the Moab Irrigation Co. and Everett W. Anderson and Constance L. An- derson, doing business as the "Five C's" on Walnut Lane have been placed on notice in writing by the City that a nuisance is being maintained on the premises that must be corrected. No action has been taken by the property owners, or either of them, to correct the nuisance. Therefore, that the City take whatever action is necessary to abate the nuisance; if necessary, the City crews are directed to correct the nuisance and collect the costs from the property owners. Councilman Hammer voted nay. Councilman Hammer indicated the need for more thorough inspec- Fire hydrants. tion and prompt repair of fire hydrants. The new locations are to b: near Moab Builders' Supply, at the intersection of Fourth North and Main Streets and on Main Street across from the Inca Inn. Council- man Hammer made a motion, seconded by Councilman Nightingale and carried, to expedite the repairs and proceed with the specified new installations. Councilman Nightingale discussed business licensing by the City and expressed a desire to compare gross business fee returns with the City's share of sales tax collected by the State. The Mayor and Attorney Ruggeri will seek a propitious opportunity to meet with the CI proper authorities in this reference. M Peterson and carried, to pay the bills as presented. Councilman Nightingale made a motion, seconded by Councilman Councilman Peterson made a motion, seconded by Councilman Nightingale and carried, for adjournment at 10:05 P.M. ATTEST: R. W. Unger, ecorder October 15, 1974 Dean 'cloug• d, Mayor Five C's driveway. Business licens- ing. Bills approved. Adjournment. The regular meeting of the Moab City Council was called jRegular meeting. to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:30 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer, Bonser and Attendance. Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Absent was Councilman Nightingale. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the October 1, 1974 meeting as submitted. Minutes approved Mr. L. A Smith, local area manager of ULd,. das Service 4Utah Gas Service Company, introduced the Company's president, Mr. Charles Shinn, franchise. Vice President Lucey and Operations Superintendent Ball to the Council. The Councilmen had previously been provided with copies of a proposal from the Gas Company for a renewal of their service franchise in Moab. Mr. Shinn was the principal spokesman for the group. He noted that the major change in the new proposal from the expiring franchise was that it cover a period of 50 years rather than 20 years. He outlined the reasoning behind this on the basis of a 33-year write-off perio for all capital expenditures. They have already made consid- erable investment to deliver gas from northern Utah into the Northwest (E1 Paso) transmission line. This gas they can trad for transmission to the north and thus make increased withdraw- als from the southern portion of the transmission line in our area. They do not anticipate any shortage in the area this winter, including service to industrial accounts. They plan to continue searching for new gas sources and as future invest- ments are made the period of amortization extends. With a long-term contract they are more able to secure funding for such activities. 94 ...franchise... ...franchise... ...franchise... ...franchise... Resulting from considerable discussion, Councilman Bonser suggested that a franchise tax of 1'%% on tie first i $2,500.00 gross annually through each meter be included, exempting tax -supported institutions, the franchise fee to be paid semi-annually. Also, the existing gross busi- Iness license fee would remain in eFfect. The franchise ;tax would be subject to review at the end of 20 years and 135 years. Mr. Shinn stated that the franchise tax would be built into their rate schedule as would also be the case in regulating distances and costs for distribution line extensions to accommodate new customers. Franchise provision, where applicable, would run co - I terminous with regulations of the State of Utah. The Gas Company will abide by construction regulations specified by the State and Federal governments and the City will not impose any additional codes. The Gas Company was in accord with the requested changes and additions and agreed to submit a revised proposal in- corporating the same for consideration at the next regular City Council meeting. Five C's drive- The planned abatement of a nuisance relating to the way nuisance. irrigation culvert at the Five C's driveway came under dis- cussion. Councilman Jacobs went on record as questioning the advisability of the City crews participating in this activity. ...Five C's... Walnut Lane Trl Ct. sign reques City/County joi ventures to be discussed. Meeting w/Kelle re juvenile problems. San Miguel Powe Association mtg. Police problems - possible vigi- lante action. Keller mtg. Councilman Peterson made a motion for the Council to direct the City Attorney to bring court action against the Five C's and Moab Irrigation Co. to abate the aforesaid nuisance. The motion died for lack of a second. Councilman Peterson reported on his investigation of the request of Walnut Lane Trailer Court to continue the display of their sign located on City property on the north- west corner of First North and Main Streets. He then made a motion that the request be denied. The motion was seconded by Councilman Jacobs and carried. Councilman Hammer voted nay; Councilman Bonser abstained. A list of City/County joint ventures was reviewed as preparation for a future discussion meeting to be held by the Council with the County Commissioners. Mayor McDougald opened a discussion on the meeting that had been held with Juvenile Judge Keller and attended by Councilmen, City Policemen and the City Attorney. Council- man Jacobs stated that the suggestion for pursuing legisla- tive action to establish parental responsibility for juven- ile acts had been presented to the Southeastern Utah Asso- ciation of Governments and was well received. They requested some guidelines covering the matter to eu..mit to other.Cuunty governmental groups and to the State Legislature. Attorney Ruggeri is to research regulations in other states and submit his recommendations. Mayor McDougald announced the forthcoming meeting of the San Miguel Power Association, scheduled in Moab on No- vember 15, 1974. Attendance is anticipated at about 120 people. He passed along a request he had received for suggestions and assistance in providing entertainment for the group. Councilman Bonser reviewed some of the recent Police problems involving a rash of vandalism and break-ins. He was concerned with threats of vigilante action. Councilman Hammer stated that he was impressed withcthe -meeting with Judge Keller and the Police Department. 95 Councilman Bonser also announced that the Junior High School group wants to hold a Halloween dance at their school and were working to raise funds to support it. He expressed hi interest in giving support. The consensus of the Council was that this type of activity should have parental chaperoning rather than being placed under the supervision of school per- sonnel. Councilman Hammer spoke in favor of employing Gene Horton, an applicant for shop clerk job. Mr. Horton's qualifications appear to be more than adequate for the job, but his wage re- quirements are also in excess of the prevailing rates. Coun- cilman Jacobs said he is interested in upgrading the City per- sonnel, but the budget should be adhered to and making indivi- dual exceptions creates problems throughout the organization. Councilman Jacobs announced that he was working on a sourc for funds to be used in flood control work. Councilman Peterson stated that after hearing of the Police problems he was reticent to comment on the lack of attempted enforcement of the recently adopted ordinance to clean up trash and eyesores. The Recorder informed the Council that the recent rate increase for Utah Power & Light Co. would cost the City an additional $3,000.90 per year for street lighting alone. The Recorder sought guidance on a licensing rate for pri- vately -operated child day care facilities. It was decided to place it under the general professional group at $30.00 per year. The Recorder announced that a once -required bond and special license for gas fitters had ceased being enforced in recent years. He was directed to work toward reviving it as a necessary safety measure. The Council was informed that, well drilling bids were being advertised for well #9, with bid opening scheduled for the November 19, 1974 Council meeting. Councilman Peterson made a motion, seconded by Councilman Hammer and carried, to pay the bills as submitted. Councilman Peterson made a motion, seconded by Councilman Jacobs and carried, for adjournment at 11:00 P.M. ATTEST: . Unger, R¢co.der November 6, 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7;30 P.M. on the above date. Tuesday, November 5, 1974, being an elec- tion day, the meeting was rescheduled to Wednesday, November 6, 1974 In attendance were Councilmen Jacobs, Hammer, Bonser and Peter- son, Engineer Keogh and Recorder Unger. Attorney Ruggeri came in a few minutes late. Councilman Nightingale was absent. Councilman Donser made a motion, seconded by Councilman Hammer and carried, to adopt the minutes of the October 15, 1974 meeting as submitted. Jerry Brooks appeared before the Council seeking a waiver on making a water deposit. He is planning to engage in a commercial venture for teenage recreation. The facility under consideration is Jr. High Hallow- een dance. Gene Horton as shop clerk em- ployment dis- cussed. Flood control funds. Trash ordinance enforcement. Power rate increase. Chile day-care center licensing Gas fitters bond & licensing. Well #9 drilling bids. Bills approved. Adjournment. Regular meeting. Attendance Minute approved. Water deposit waiver request. 96 Ruggeri present. Everett Anderson -- Barbara Cathey property quit claim deed re- quest. Jr. High Students present letter of thanks re Hallo- ween dance. Walnut Lane Trail- er Court request for sign recon- sideration. Mike Gorman reques on determination for building car- port. Holiday Haven re- quest to drill well & remain on City water. Utah Gas Service Co. franchise. TV franchise prob- lems. 'City Traffic Code update discussed. Moab Report -- November 7, 1974. New policeman. located in a building on Mill Creek Drive, in the County, once known as the Alibi Club. A motion was made by Councilman Bonser, seconded by Councilman Hammer and carried, to allow water service without the usual customer deposit, but with the admonition that any delinquency in water billing payment would result in immediate turn-off. Attorney Ruggeri entered the meeting. Attorney Harry Snow appeared -on behalf of Everett Anderson to attempt clearing a title on property being sold by Barbara Cathey to Mr. Anderson. A number of years ago Howard Shields had granted to the City a quit claim deed for property contemplated being used as a roadway. Included in the deed was the Cathey property in ques- tion. Attorney Snow contended that this represented an illegal cloud on the title of the property. His request was for the Coun- cil to grant a deed to Mrs. Cathey for the property in question. The Council decided to meet with Attorney Snow and Engineer Keogh at 10:00 A.M. the next morning (November 7, 1974) to make an on -the -premises inspection of the location before making a decision. Roberta Anderson escorted several young ladies, Junior High School students, to the meeting, who in turn presented the Mayor with a letter of thanks for cooperation of the City in the Halloween party held for all age groups November i, 1974 at the Helen M. Knight School. Mr. Johnson of the Walnut Lane Trailer Court appea,,.d before the Council to request reconsideration of action taken at the previous Council meeting in which a request for a continuation of permission to maintain their sign on City property at First North and Main Streets was denied. After some discussion, Councilman Hammer made a motion to reconsider the previous action. The motion died for lack of a second. Mike Gorman appeared before the Council requesting a determina- tion of the effect of the new zoning ordinance on the building of a carport at his residence on Tusher Street. Reference was made to the zoning ordinance 02.0954.06-D, which exempts Tusher Street from the usual zoning clearance between structures. He was told that he could proceed under the structural regulations as specified in this section of the ordinance. A letter from Holiday Haven Mobile Home Park, copies previously distributed to Councilman, was brought up for discussion. The letter stated a desire to drill a water well and, if it developed properly, use it for domestic and other purposes with the City water connec- tion remaining intact as an automatic supply back-up should the well source fail or lag behind requirements. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to permit no interconnecting of City water with private sources, reference also being made to Council action on July 16, 1968. CPA E. J Claus appeared before the Council to kriefly review the recently completed annual audit. The revised Utah Gas Service Co. franchise proposal was dis- cussed. As there were some objections to revisions, Councilman Bon- ser made a motion, seconded by Councilman Hammer and carried, to table the proposal until Councilman Bonser and Attorney Ruggeri could study and correct the problem areas. It was noted that the forthcoming TV franchise might pose similar problems. A proposal to amend the City Traffic Code to bring it up to date with the 1974 Utah Rules of the Road regulations was tabled for further study by Attorney Ruggeri on a motion made by Council- man Jacobs, seconded by Councilman Hammer and carried. It was decided that the Mayor should appear on the Moab Report program Thursday morning, November 7, 1974. Councilman Bonser stated that Valdon Teeples had been hired to fill a vacancy in the Police Department. 97 Councilman Hammer requested that the City pay $30.00 tuition for Leon Stocks to take a Medical Technicians Course being sponsored through the Fire District. After brief discussion the Council so agreed. Councilman Hammer informed the Council that the new Dodge Power Wagon purchased for the Fire District was in service and that a 2,000-gallon tanker truck had also been received for use in rural water supply for pumper trucks. Councilman Hammer also stated that the Tom Tom auto repair and salvage was changing hands and asked for restrictions on licensing the new operator. Councilman Hacobs requested some action to stop auto racing on Main Street during the noon hour. The Mayor invited Councilmen to be his guests for lunch the next day at the Westerner Grill to ob- serve the violations. An invitation was to also be extended to Judge Crist. The Recorder requested information on how to establish charges for water connections outside the City when it is necessary to cross a paved roadway with the service line. Council decided upon a charge of $5.00 per foot where pavement had to be cut, in addition to the regular connection fee. Councilman Jacobs stated that the connection fees were too low to cover the cost to the City in making new connections. Follc•ing discussion, Ordinance 4-74 was established as follows: On a motion made by Councilman Jacobs, seconded by Councilman Bonser and carried, the Moab City Code, Section 26-40, is hereby amended to read as follows: "Sec. 26-40. Connection Fees. "A11 applicants for water and sewer service within the City limits shall pay to the City, with application, a minimum connection fee for each water or sewer connec- tion as follows: "(a) Water connection fees; "(1) There shall be a fee of Two Hundred Dollars ($200) for each three -fourths inch meter con- nection plus Twenty -Five Dollars ($25) for each unit in excess of one unit in any dwelling, trailer court or motel. "(2) There shall be a fee of Two Hundred Fifty Dollars ($250) for each one -inch meter connection plus Twenty -Five Dollars ($25) for each unit in excess of one unit in any dwelling, trailer court or motel. "(3) There shall be a few of Three Hundred Twenty -Five Dollars ($325) for each one and one-half inch meter connection plus Twenty -Five Dollars ($25) for each unit in excess of one unit in any dwelling, trailer court motel. "(4) There shall be a fee of Six Hundred Dollars ($600) for each two-inch meter connection plus Twenty -Five Dollars ($25) for each unit in excess of one unit in any dwelling, trailer court or motel. "(S) Each basic minimum fee outside the City limits shall be One Hundred Dollars ($100) above the stated fees. "(6) Should the actual cost of installation to the City exceed a minimum fee, the additional cost shall be paid by the applicant before service is established "(7) Connection fees for meters in excess of two inches shall be determined by the City Council upon request. Medical Techni- cians Course -- Leon Stocks Fire District Dodge Power Wagon in service; also tanker truck Tom Tom auto re- pair licensing. Auto racing on Main Street. Water connection charges when cro- ing a paved road- way Ordinance 4-74-- connection fees. Ordinance 4-74. "(b) Sewer connection fees* Ad re football team. Shade Tree Commis- sion needs a new member. Flood Insurance construction reg- ulations. Water Dept. needs pick-up for weld- ing equipment. Bills approved. Adjournment. Regular meeting. Attendance. Minutes approved. "(1) There shall be a fee of Two Hundred Dollars ($200) for each four -inch sewer connection, plus Twenty -Five Dollars ($25) for each unit in excess of one unit in any dwelling, trailer court or motel. "(2) There shall be a fee of Three Hundred Twenty -Five Dollars ($325) for each six-inch sewer connection, plus Twenty -Five Dollars ($25) for each unit in excess of one unit in any dwelling, trailer court or motel. ., (3) City limits shall be One Hundred Dollars ($100) above stated fees. Each basic minimum fee outside the "(4) Should the actual cost of installation to the City exceed a minimum fee, the additional cost shall be paid by the applicant. "(S) Connection fees for sewers in excess of six inches shall be determined by the City Council upon request." The Recorder stated that he had been approached and agreed to subscribe to a $30.00 ad in the Utah High School Activities Association football championship playoff progr-ii supporting the Grand County High School team if they made the finals. It was determined that Delbert Oliver could not continue to serve on the Shade Tree Commission as he no longer resides with- in the City limits. The Recorder was to check with Chairman Hansen in reference to securing the secretarial records from Mr. Oliver. The Recorder was instructed to prepare information for the Building Inspector in reference to regulations concerning flood insurance regulations related to new construction. Councilman Jacobs stated that the Water Department was in need of a 3/4 ton pick-up on which to mount welding equipment, primarily for pipe thawing. He has such a pick-up available. The Recorder was directed to seek quotations on suitable used pick-ups. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to pay the bills as presented. The meeting adjourned at 11:00 P.M. on a motion made by councilman Jacobs, seconded by Councilman Hammer and carried. ATTEST: R. W. Unger, Recorder DeanMcuougafl/, mayor November 19, 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:35 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer (late), Night- ingale, Bonser and Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the November 6, 1974 meeting as submitted. W. C. "Curley" Jones and Mr. Louis Farmer appeared before the Council to protest activities related to the operation of Hank's Billiards. Mr. Jones stated that the music was too loud, there was a parking problem and beer cans and other trash littered the area. As a result, he was losing renters and his property would decrease in value. Councilman Hammer joined the meeting. Mr. Farmer reiterated some of Mr. Jones complaints and added that since his residence adjoined the parking area the music and noise kept him awake at nights. The Saturday music sessions had been extended to also include Friday nights. Emanating from the parking lot also is foul language plus the noise of children and babies left in cars. Councilman Bonser was delegated to attempt corrective measures. Police Sergeant Rowley appeared before the Council to request $40.00 for an entrance fee for the Police basketball team in the Men's Basketball League. On a motion made by Councilman Hamner, seconded by Councilman Nightingale and carried, the request was granted. The renewal franchise for Utah Gas Service Company was brought up for discussion. The term of the proposed franchise and the application of a franchise tax were the main points discussed. After getting the pulse of the Council, Councilman Bonser and Attorney Ruggeri were directed to frame a revised proposal for Council approval and submission to the Gas Company. We11 drilling bids from Cecil Stephenson and Peterson Brothers were opened. The Stephenson bid was in the amount of $21,540.00, plus some contingency fees added by the bidder. The Peterson bid was in the amount of $31,133.00. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, that the bids be sub- mitted to consultants Nielsen, Maxwell and Wangsgard for review and that the award be made according to their recommendations. Councilman Bonser reported on an inquiry for time extension on a non -conforming mobile home location. The owner wishes to occupy but cannot meet the time limit due to illness. Water has been kept on and the yard maintained. It was suggested that the owner place a renter on the property temporarily to maintain the status. Coun- cilman Bonser was to notify the owner that the Council could not grant any extension of time. Councilman Bonser informed the Council that bids were being sought for a new Police car. Councilman Hamner stated that Tom Worster, representing the parent company of Town TV, had visited him and indicated an inten- tion of immediately increasing monthly rates by 6%. He further indicated that they would soon be prepared to negotiate a franchise renewal. When questioned about the quality of service, he placed the burden of failure on the micro -wave transmission 4ystem. Most of the other Councilmen indicated that they had each had a similar visit. Councilman Peterson stated that the Chamber of Commerce had been discussing a parental responsibility law and that the State Attorney General was preparing a draft related to shop lifting penalties. Councilman Jacobs stated that through the Southeastern Utah Association of Governments a more comprehensive regulation woul be sought in the Legislature to cover vandalism and acts of a moral nature. Councilman Peterson urged for enforcement action on the recentl. enacted clean-up ordinance. Delbert Oliver, member of the Shade Tree Commission, having moved outside the City limits, had offered to relinquish his positio on the Commission. Mayor McDougald appointed Miss Darlene Walker to fill the balance of the term, expiring January 1, 1976. The Council approved the appointment. W.C. "Curley" Jones re Hank's Billiards problem Hammer present. Louis Farmer re Hank's Billiards problem. Entrance fee for Police for Men's Basketball League Gas Franchise... Well #9 drilling bids. Time extension re quest for non- conforming mobile home location. Police car bids sought. Town TV rate in- crease & franchio Chamber of Com- merce & parental responsibility law. Enforcement of clean-up ordinance Delbert Oliver resigns on Shade Tree Commission -- Darlene Walker appointed. too Moab Report. Grand County Hous- ing Authority representation -- Peterson & Hammer. 1974 Christmas party. Cattle loose near Golf Course & Old City Park. Residence of City employees. December 1, 1974 !wage increases. Moab Irrigation -- re Five C's cul- vert problem. Rezoning request. Mill Creek Dam hearing. Revenue Sharing expenditures -^ Fire District. Build Permit fee abated. Bills approved. Pre -employment physical exams. The Council agreed to continue participation in the Thurs- day morning Moab Report program. If the prepared schedule is interrupted by a Councilman's absence and a substitution or trade- off made, the regular schedule will. be immediately resumed. Mayor McDougald appointed Councilmen Hammer and Peterson to represent the City on the Grand County Housing Authority to ad- minister low-cost housing funds. It is the intention of the Council that home improvements made in the City through this program be done under the regular building permit and inspection schedule to assure that the work conforms to the building code. Since this is an indigent program, the usual fees may be abated. It was decided that the City should hold a Christmas party for City employees. It will provide an opportunity for employees and Councilmen to become better acquainted. Councilmen will pay their own way for the party. The Mayor, Recorder and office staff will make arrangements for the party. The Mayor brought up a problem of cattle running loose in the vicinity of the Golf Course and Old City Park properties. Some damage has been done and more is anticipated. The need for fencing repairs and extensions was discussed. County assistance is anticipated where the moving of drifting sand and the instal- lation of road cattle guards may be required. Councilman Night- ingale made a motion, seconded by Councilman Hammer and carried, to proceed with a fencing project. A discussion was held concerning residence requirements for City employees. Elected officials must be qualified voters in the area from which elected. Public safety and emergency employees subject to call may also be restricted as to residence. The Council did not wish to extend the limitations which are well determined by State law and court decisions. Following a brief discussion concerning the intended Decem- ber 1, 1974 wage increase for full-time non -supervisory employees, excluding the Police Departments, Councilman Hammer made a motion, seconded by Councilman Nightingale and carried, to set the in- crease at 6%. The Recorder informed the Council of a letter from Moab Irrigation Co. denying any responsibility relating to partici- pation in the expense of repair to the culvert in the Five C's driveway. The Council was also informed of a request to the Planning Commission, fee paid, for consideration on rezoning the location of the old L.D.S. Church and First East and First North Streets. Councilman Nightingale read the full text of the request to the Council. Mayor McDougald urged all members of the Council to be in attendance at the hearing on the Mill Creek Dam pronosal being held at 10:00 A.M. on November 22, 1974. The Recorder reviewed expenditures made from Revenue Sharing funds for purchases by the Fire District. Equipment for the Chief's pick-up was puichased by the District on a quotation and negotiated basis. Billings have been included with other obliga- tions receiving Council approval for payment. The Council agreed to abate a building permit fee for the Lutheran Church. Councilman Nightingale made a motion, seconded by Councilman Hamner and carried, to pay the bills as submitted. Councilman Jacobs raised the question of requiring pre -employment physical examinations for all new full-time hires. Following a brief discussion, Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to establish this practice in the hiring procedure. 1o. The meeting adjourned at 10:15 P.M. by unanimous mutual con- Adjournment. sent. m. Dean McDougald, Mayor ATTEST R. W. Unger, R corder December 3, 1974 The regular meeting of the Moab City Council was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7:35 P.M. on the above date. In attendance were Councilmen Jacobs, Nightingale, Hammer (late Bonser and Peterson, Attorney Ruggeri and Recorder Unger. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the November 19, 1974 meeting as submitted. Mr. James Wiseman appeared before the Council reporting on a meeting he had attended and some suggestions he wished to make as a result of the meeting. The meeting had been sponsored by a Julie Walton and was directed at the formation of a local S.P.C.A. in reference to the humane treatment of impounded dogs. Mr. Wiseman suggested the need for an S.P.C. Humans. In his continents to the Council Mr. Wiseman was more concerned with the care and regulation of dogs prior to impoundment. One suggestion was to increase licensing fees on all dogs, particularly unspayed females which he thought might be boosted as much as 300%. Councilman Hammer joined the meeting. In a general discussion, Mr. W. D. McArthur, a citizen - newsman in attendance, stated that in the Los Angeles area citizens or enforcement people took pictures of loose dogs messing up yards. The pictures were admissible in court where the maximum fi.ie to owner was $500.00. A few arrests and convictions had a marked effect on animal owner control. Councilman Jacobs reiterated his support for a City -owned and operated pound and disposal facility at the sewer plant. Mr. Connie Caouette said that he at one time had headed a humane society here and that suitable impounding facilities were lacking, but acceptable disposal facilities were also very expensive. He also felt that much of the animal control was a "people" problem. Mr. Wiseman stated that he thought volunteers would be available to assist in picking up loose animals. Mr. McArthur added his knowledge of another location in which they actually made an annual door-to- door census of dogs which resulted in increased licensing and improv owner control. Councilman Bonser was given the responsibility of studying and evaluating the suggestions in reference to future con- sideration by the Council. Mr. Caouette invited and urged the attendance of eac` C:_ncil- man at a meeting on the National Movement for the Humanities schedul in the Court Room, Wednesday, December 11, 1974, at 8:00 P.M. The Recorder was instructed to have the Councilmen reminded before the meeting. Councilman Bonser reviewed the Utah Gas Service Company fran- chise as revised and stated that rewording would again be done to eliminate the property tax exemption and set up the franchise fee as a rental for the use of property. Also, the line extension require- ment would be changed from $500.00 to four times annual revenue anticipated. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, that the draft be made incorporating the above changes and submitted to the Company in lieu of the proposal submitted by the Company. Councilman Bonser reported on the Police car bidding. While no response was evidenced to the newspaper ad for bids, the specifica- tions were mailed to four automobile dealers. Only one bid was received. It was from Peterson Ford in Moab. The amount of $4,440.1 The vehicle price is firm, but delivery charges may vary the total amount. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried to accept the bid and place an order for the vehicle as specified. Regular meeting. Attendance. Minutes approved. Animal control. National movement for the Humanities Utah Gas Service Co. franchise. Police car bid report. 02 Bid for used pick- up approved. Town TV franchise. Break-in continua- tion Series of recent water main breaks. Bills approved. Interact Club. Proposal re. park- ing on 4th No. St. between Main and 1st West Report on Hank's Billiards. Sick pay for employees. Meeting on flood insurance. Stephenson bid accepted for drill ing We11 No. 9. Adjournment. Regular meeting. Quotations had been sought from Peterson Ford, Gaither Chevrolet and Husky Service for a used 3/4 ton pickup to not exceed $999.00. Only one response was received. It was from Harold Jacobs' Husky Service for a unit at $700.00. Councilman Hammer made a motion, seconded by Councilman Peterson and carried, to purchase this pickup. Councilman Bonser indicated a desire to begin studying franchise renewal proposals for Town TV. The Recorder was directed to make inquiry to the FCC concerning possible model franchise ordinances for TV. Councilman Hammer introduced a discussion concerning the contin- uation of business and residential break-ins. The recently initiated privately -operated merchants patrol has been well received by two Councilmen who have subscribed to the service for their businesses. The effectiveness of the patrol is yet to be measured. Various means of assisting and improving regular policing toward reducing break-in activity were suggested. It was decided to hold a meeting during the next week with the Councilmen and City Police Officers only and limited specifically to the break-in problem. Councilman Jacobs brought the Council up to date on the recent series of water main breaks and the dedicated efforts of City crews. He also advised concerning the rebuilding of the Elgin street sweeper. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to pay the bills as submitted. Councilman Peterson stated that he had contacted the Interact Club and felt that favorable response would be received in reference to their participation in lot and yard cleanup as a fund raising project. Councilman Jacobs indicated a desire to prohibit parking on Fourth North Street between Main and First West due to narrowness and curves. Councilman Bonser had investigated the noise complaints against Hank's Billiards and reported that the owners were cooperative toward controlling noise and cleaning up debris, although parking could be a problem. The owners had secured a petition signed by most of the neighborhood, other than the two complainants, to the effect that they were not bothered by loud music. The Recorder requested a policy concerning sick pay for employees. Councilmen recommended paying a particular employee through December 15, pending further policy study. The Council was informed about a question and answer meeting scheduled at 11:30 A.M., December 5, 1974, at the SUCCE office on the subject of flood insurance. The Council was advised that Nielsen, Maxwpii ° Wangsgard had selected Cecil Stephenson as the successful bidder for drilling We11 No. 9, as directed in the Council meeting of November 19, 1974. At 10:40 P.M. Councilman Hammer made a motion for adjournment, seconded by Councilman Peterson and carried. ATTEST: R. W. Unger, Recorder Wm. Dean McDougald, Maykr December 17, 1974 The regular meeting of the Moab City Council was called to order n the Council Chambers by Mayor Wm. Dean McDougald at 7.40 P.M. on the bove date. 103 VD CH VD 4 U In attendance were Councilmen Jacobs, Nightingale (late), Hammer and Bonser, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Peterson was absent. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the December 3, 1974 meeting as submitted. Courtney Brewer, Land Use Planning Consultant for the South- eastern Utah Association of Governments made a brief presentation concerning implementing Plan H208, under the Wastewater Control Management Program, which is a proposal to hire a water quality specialist to make a two year study in reference to steps required to assure Class "C" water quality standards in the Colorado River by 1983. Funding for the study would be covered 100% by EPA if accepte. prior to July 1, 1975 or 75% thereafter. Mr. Brewer indicated that at this time the project appeared to be a lost cause as it had been rejected by both the San Juan and Grand County Commissions. He stated that lack of participation might have an effect on the City of Moab in reference to Federal Aid for future construction grants. He also stated that he was to meet with the EPA and attempt to deter- mine other approaches to the situation. The City Council withheld action and agreed to remain open for future consideration. Attendance Minutes approved Water quality study of Colorado River Plan H208 Fire Chief, Troy Black, appeared before the Council as spokes- Hank's Billiards man for Mr. and Mrs. W. C. Jones and Mr. Louis C. Farmer in reference to alleged neighborhood problems resulting from the operation of Hank's Billiards. The Chief's primary concern was parking congestio in the area that could pose problems for fire protection. Councilm. Nightingale joined the meeting. The other citizens then reitterated complaints that had been made at a previous Council meeting. Council man Hammer made a motion to refuse renewal of Hank's cabaret license after its December 31, 1974 expiration. Following some discussion, the motion was withdrawn. Attorney Ruggeri recommended a joint meet ing with all involved and interested parties to try to solve the problem. Councilman Hammer made a motion, seconded by Councilman Jacobs and carried, directing the Recorder to set up a special meet- ing as soon as possible and to notify the known interested parties by letter and by telephone. In reference to the television franchise, some citizens from V franchise Spanish Valley had apparently met with the County Commission seeking itizens present improved service. The following Moab citizens appeared before the City Council in support of their county neighbors and with some additional requests regarding the service in the city. Susan Leath 683 Mountain View Dr.; Betty Mower, 436 Mountain View Dr., Lirida Larsen, 461 Marcus Ct., Sylvia Barney, 421 Marcus Ct , Francis Jones, 178 West Center St.; Sheila Maxfield, 28 Apache Circle; Dahl and Laverna Zohner, 62 East First North; and Woody Quilter, 262 Aspen. Evidently, the Spanish Valley complaints related to the qualit V franchise of reception. Within the City, objections were made to rate increas- itizen complaints without a public hearing, a situation over which the City has no con trol under the existing franchise. Also desired by th^ ''izenry is cable serviceman availability during viewing hours and the aforemen- tioned quality of reception. In reference to franchise renewal, they asked for more stringent regulation by the City plus an oppor- tunity to be informed and to make a choice between the alternate of micro -wave and cable such as translators and antenna pick-up. A letter from KSL TV was introduced in which was noted the number of translators this station now has in service and a recommended expert in the translator field. KSL does not wish to become engaged in a controversy covering the systems or in opposition to the cable enter prise business. Councilman Hammer made a motion, seconded by Council man Bonser and carried, to secure information plus any available engineering consultants and set up a well publicized public hearing at the earliest possible date. Councilman Bonser reported on meetings with people concerned with the dog problem. They had suggested numerous changes in the Animal Control Ordinance. Some suggestions were: licensing fees of $5.00 for males, $5.00 for desexed dogs, $20.00 for females, $10.00 for redemption of impounded dogs, requiring desexing of females befo redemption, setting minimum fine for leash law violation at $50.00, much more use of ticket citations for owners of animals running at large, and an annual door to door dog census, with volunteer help, if necessary. They were in agreement that it is difficult, or next imal control 10-4 to impossible, to catch and to impound dogs, particularly repeat cases, making the use of tranquilizer a possible necessity. Council - an Bonser and Attorney Ruggeri are to prepare recommended ordinance amendments. Although not required by law, a public hearing would be called prior to Council action on the amendments the discussion with the County Commissioners concerning suggested changes in the control flaw enforcement radio dispatching it was learned that the Report on law Councilman Bonser reported that following enforcement radio Sheriff's s Office did not wish to relinquish control of the present dispatching ystem but would accept tape monitoring for a trial period. The ouncil took no action other than planning for further study of the roblem. Parking on 4th No. Councilman Jacobs requested information concerning the restric- St. ion of parking on 4th North Street between Main Street and 1st West treet. City insurance Councilman Nightingale made a motion, seconded by Councilman premium ammer and carried, to pay the final, although disputed, premium on the City's insurance covering the policy period from January 2, 1971, to January 2, 1974. Financial stateme Councilman Nightingale commented on the financial statement, generally optimistic about budget balancing, but concerned about inability to locate reported revenue from Revenue Sharing program. Resignation of Mar Mayor McDougald informed the Council that Mary Anne Horstmann Anne Horstmann, as resigning to accept a position with the newly elected County appointment of Jud Attorney. He stated that from a group of applicants Judy Marshall Marshall had been selected to fill the vacancy in the City Office at a start- ing rate of $425.00 per month. Councilman Bonser made a motion, seconded by councilman Nightingale and carried, to confirm Mrs. arshall's appointment. Bills approved Councilman Nightingale made a motion, seconded by Councilman Jacobs, to pay the bills as presented. Adjournment By mutual consent, the meeting was adjourned at 10 20 P.M. Special meeting Attendance Operators and com- plaintants present Little new offered Customer control and policing ATTEST. R. W. Unger, ecorder c6 T Wm. Deanhe ugald, ayor December 20, 1974 A special meeting of the Moab City Co"."--' was called to order in the Council Chambers by Mayor Wm. Dean McDougald at 7 30 P.M. on the above date. In attendance were Councilmen Jacobs, Nightingale, Bonser and Peterson (late), and Recorder Unger. Councilman Hammer was absent but had submitted a letter of apology. This special meeting was called for the purpose of providing a face-to-face confrontation between complaintants and the operators of Hank's Billiards in reference to alleged problems relating to the business operation. Those who had previously made complaints and the operators were notified of the meeting both by mail and by telephone. All were present, plus Howard Nickel, Mr. and Mrs. Gary Adam, and Betty Jacobs. Very little was offered on either side of the question that had not been previously presented. The operators agreed to attempt tighter control over customers, and the City indicated closer policing would be available during periods when problems might arise causing complaints. 105 Cti M V The Mayor suggested a 60 day trial period under tighter con- trols. He asked those registering complaints, and Mr. Jones, in particular, if they would agree to the trial period. They assented. An application for a beer license from John Pauley to operate the Silver Dollar Bar was presented. The application and police investigation were in order. Councilman Nightingale made a motion, seconded by Councilman Bonser and carried, to permit granting of a license but withholding issuing until the establishment was given a current approval by the Utah State Board of Health. The meeting was adjourned at 9.20 P.M. Wm. Dean McDougald, Mayor ATTEST R. W. Unger, Recorder January 7, 1975 Mayor Wm. Dean McDougald called the regular meeting of the Moab City Council to order at 7:30 P.M. in the Council Chambers on the above date. In attendance were Councilmen Nightingale, Jacobs, Hammer, Bonser and Peterson (late), Attorney Ruggeri (late), Engineer Keogh, and Recorder Unger. Also attending were Chief of Police, Dalton; Street and Water Superintendent, Day; and Building Inspector, Shaffer Councilman Jacobs made a motion, seconded by Councilman Hammer and carried,to adopt the minutes of the regular meeting held Decem- ber 17, 1974, and the special meeting held December 20, 1974, as sub- mitted. This meeting was advertised as a public hearing for a reques zoning change. A brief discussion was held concerning the rezoning request covering the old L.D.S. Church. Attending in support of the request were Robert Dalton, Marvin Clever, and Mr. and Mrs. D. E. Byrd. There were no objections submitted. Councilman Hammer made a motion, seconded by Councilman Bonser, and carried to rezone from R-3 to C-5 one piece of property on the northeast corner of 1st North and 1st East Streets, known as the old L.D.S. Church nroperty, as recommended by the Pii.."'..g Commission. Legal description of the property is as follows: Beginning at the SW corner lot 2, block 23, thence N 100', thence E 145', thence S 100', thence W 145' to point of beginning in Sec. 1, T26S, R21E, SLB & M. Councilman Bonser reported on his study of the law enforce- ment radio dispatching system and submitted proposals and costs for various methods of handling the situation. Chief Dalton stated that there had been a marked improvement in the dispatch recently; which, if continued, would be livable. The opinion was expressed that any action toward change at this time could cloud the issue of City - County consolidation, which is still under study. Councilman Night- ingale stated that he believed the pulse of the Council favored hold- ing any immediate action in abeyance. Councilman Bonser said his preference of all alternatives would be an independent central dis- patching office to serve all law enforcement agencies and essential utilities. No further action is anticipated until the initiation of City budget studies about May 1, 1975. The Council neither favored nor objected to a proposal for the County to tape record all calls. The City would so advise the County by letter. Councilman Bonser reported on the study concerning possible changes in the Animal Control Ordinance in reference to dogs. Sug- gested was making license fees $5.00 for male or spayed female and Trial period under tighter con- trols Silver Dollar Bar beer license application Adjournment Regular meeting Attendance Minutes approved Public hearing for zoning change Rezoning request Rezone old L.D.S. Church property Report on radio dispatching Animal control 106 Joined meeting Animal control t secure camera Police camera to Animal Control Officer Disposition of ordinance amend- ments postponed TV franchise Water connection request Advertising sign on City property Radio advertising of public notices Police activity, 1974 Flowers to Com- missioner Newell Waste disposal meeting Accounting for water and sewer $20.00 for a female; reclaiming fee of $10.00 plus the existing rabies and licensing requirements; setting bail on ticketed offenses at $25.00 each for harboring an unlicensed dog, a dog running at large, noise disturbance by dogs, and having more than two dogs per household. It was recommended that a camera be supplied to the Animal Control Officer along with a new supply of revised violation tickets. A form was sub- mitted to be printed for use by volunteers in making a door-to-door dog census. Councilman Peterson and Attorney Ruggeri joined the meeting. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to secure the camera, tickets, and census forms. Chief Dalton requested permission to acquire a new camera with attachments more fitting police work and in turn giving the present police camera to the Animal Control Officer. Permission was granted. Disposition of ordinance amendments and fees is to be made at the next regular meeting. About two dozen citizens appeared to continue complaints about television service. They bore a supporting petition, purportedly carrying 600 names, requesting more control over the existing service and publicity for all information pertaining to TV. Mrs. Leatham and Mrs. Barney were again the primary spokesmen. Very little was offered that was new over the previous presentation. Much emphasis was placed on translator and antenna transmission on a tax supported basis as opposed to micro -wave and cable serving paying subscribers. The Mayor announced a meeting to be held at 2 P.M. on January 13, 1975, jointly between the City Council, County Commission and some available TV technicians. He was emphatic in stating that while the meeting was open to the public it was not a public hearing. The primary purpose was to gather technical information. Those who felt that the public was being denied information were invited to audit the meeting. Kay Hawks appeared before the Council making a request for a residential water connection outside the City limits and above the permissible pressure zone. His request was taken under advisement for study. Mrs. Johnnie "Virginia" Johnson appeared for Walnut Lane Trailer Court asking the Council to reconsider their previous action in denying a request to continue maintaining an advertising sign on City property on the northwest corner of Main and 1st North streets. Councilman Hammer made a motion to reconsider the motion of October 15, 1974, as then voted, seconded by Councilman Jacobs, and carried. Councilman Bonser abstained. Councilmen Peterson and Nightingale voted nay. Mayor McDougald cast the tie -breaking vote. The Octo- ber 15, 1974, motion as stated was to deny the request of Walnut Lane Trailer Court to continue maintaining the aforementioned sign. The motion was defeated by the vote as reconsidered. Councilman Bonser abstained. Councilmen Jacobs and Hamner voted nay. Mayor McDougald again cast the tie -breaking vote, thus granting permission for restoration of the sign. A letter of permission „w., to be pre- pared for the Johnsons to submit to the State Highway Department with their application for a sign license. Dixie Barker of radio station KURA appeared before the Council to express her opinion that legal advertising relating to public notices published in newspapers should also be advertised by radio. Councilman Bonser introduced a report on police activity for the year 1974. Chief Dalton called attention to a recent costly rate of vandalism. It was his belief that this was in the form of retaliation for alcohol related teenage arrests. Councilman Hammer recommended that flowers and a get -well card be sent to County Commissioner Newell from the City. Councilman Jacobs announced that he was planning to attend a hearing in Salt Lake City on January 9, 1975, as an update on waste disposal. Councilman Nightingale stated that when Claus and Auger were properly set up with their new computer system he hoped to have more detailed accounting for water and sewer. 107 Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to pay the bills as presented. Councilman Peterson requested a progress report on the committee study for a convention center. The committee made up of a Councilman, County Commissioner, and the School Superintendent was not particularly active, according to Councilman Bonser. He stated they had met with the Bi-Centennial Committee, but the latter felt that timing and their funding would preclude participation in such a venture. Mayor McDouga appointed Councilman Peterson to represent the Council on the Bi-Cente nial Committee. The Mayor reminded the Councilmen concerning the joint meeting on January 13, concerning possible TV translator testing. The Mayor announced that everything was in order and that the drilling of water well M9 would soon begin. The Mayor read a telegram notifying him that the first Supreme Court hearing about Fair Labor Standards that was of considerable con- cern to many cities resulted in a ruling favorable to the case sup- ported by cities. He also stated that the City of Moab was financially indebted to the Utah League of Cities and Towns for a share of the cost of the case. The latest information from Courtney Brewer of the SEUAG about the proposed Colorado River pollution study was that if +he counties did not consent to the Federal study by January 23, 1975, the EPA fund- ing for the project would be completely lost. In addition, the Federal Government would insist upon the State making the survey, and the cost would necessarily be borne by State and local agencies. While City support for the program was sought, the City could not act in discord with the County. A discussion was held concerning the request of Pete Byrd for some City gravel at the west end of Westwood Drive. It was decided that if Mr. Byrd would grade the west end of Palisade Drive, in the same manner he had done Westwood, the City would then gravel both locations as an impartial move. Mr. Byrd's request to the Recorder for a concession on sewer sludge was denied. The Council agreed to hold the price as originally established. Engineer Keogh reminded the Council that the Mill Creek channel within the City limits would soon be due for cleaning to reduce trash pile-ups in restricted areas with possible resultant flooding during high water. By mutual assent, the meeting was adjourned at 11:40 P.M. Wm. Dean McDougald, Mayo ATTEST: R. W. Unger, Recorder January 13, 1975 Mayor Wm. Dean McDougald called the special joint meeting of the City Council and County Commission to order at 2:10 P.M. in the Council Chambers on the above date. In attendance were Councilmen Peterson, Hammer, and Bonser, and City Recorder Unger. Also in attendance, representing the County was D. L. Taylor, Chairman of the Grand County Commission. The meeting was also attended by local electronics and TV specialists Royce Henningson, Carl E. Sabo and Butch Lightfoot. Also present were representatives from AT&T, who have had experience with microwave systems. Several interested citizens were also present. Bills approved Councilman Peter- son appointed to represent Council on Bi-Centennial Committee Reminded of joint TV meeting Water well #9 Supreme Court hearing about Fair Labor Standards Colorado River pollution study City support for survey sought City gravel requested for Westwood Drive Concession on sewer sludge denied Mill Creek channel soon due for cleaning Adjournment Special meeting Attendance 108 Meeting to gather technical infor- mation on TV systems Written break- down of cost of translator TV presented Cost estimates Operating costs Cost to homeowner Time requirement Mt. Horn signal Poor reception in Green River 400 to 500 trans- lators In Utah Cost estimates too high Translator signal strength Discussion limit- ed to technical aspects first Translator TV over existing cable Translator parts less expensive The meeting was called for the purpose of meeting with avail- able TV technicians to gather technical information in regard to alternate TV systems. Mr. Glen Baxter, an electronic engineer was present. He has had much experience with the TV system in Green River. Mr. Baxter presented a written break -down and resume as far as the translation costs and equipment required to bring the signal into Moab Valley. Cost estimates for installation of a translator system, as presented by Mr. Glen Baxter, are as follows: Power, $5-8,000; blockhouse, $1-2,000; antenna system, $200 per channel; TV trans- lators, $2-3,000 per channel, FM translators, $2,000 per station; engineering (including site selection, system design and installa- tion, signal strength surveys, etc.) $2-4,000. Operating costs were estimated at $20 per month for fuel and approximately $50 per month per channel for routine service and maintenance. Barring any natural catastrophy, Mr. Baxter estimated the system life should be at least 15 years, probably indefinite life. He estimated the cost to the individual homeowner would be limited to the purchase and installation of home receiving antennas and should not exceed $20-30. He projected one summer season would be required to locate the best site for locating the translator, to order earipment and to test the system. Mr. Baxter stated that the signal coming from the Horn Mountain translator is of excellent quality. The Horn Mountain translator receives its signal directly from Salt Lake City stations and rebroadcasts the signal on the UHF TV band. He stated that the quality and reliability of the Horn Mountain signal has been excellent for the past several years. Mt. Horn is the TV source for the San Juan County translator on Abajo Peak. Mr. Baxter was challenged about the poor reception in Green River. He stated that it was primarily because of old equipment, over half of which was over ten years old. Mr. Milton Davis, a TV translator expert from the University of Utah, was also present. Mr. Davis stated that there are about 400 to 500 translators in Utah at the present time. Mr. Davis said he had serviced a large number of these translators and that most of them are working very well. Mr. Davis concurred with Mr. Baxter on most aspects in regard to the feasibility of using a translator TV system in the Moab valley but did not believe the cost of installing such a system would be as great as the estimates presented by Mr. Baxter. He believed the system could be implemented several thousand dollars less than the estimated $35-38,000. Mayor McDougald inquired of Mr. Davis if there is assurance that you would receiWe the same strength signal by translator that you will by micro -wave. Mr. Davis stated that the only thing which will lessen the quality of the signal is the deterioration of equip- ment through age. Mr. Baxter stated that he thought the discussion should be limited to the technical aspects first and then to aspects of finance, as the cost would vary greatly depending upon the site selected. He stated that more and more systems are using other than commercial power to operate them, such as propane fuel or solar cells, with emphasis placed on recent success with solar cells. Councilman Bonser asked if it were possible to put translator TV over existing cable and was advised by Mr. Davis that they are doing it in Vernal. He further stated that the cable we now have here is translated television. Mr. Davis stated that the translator system parts are much less expensive to replace and are readily available within one day by air, whereas with micro -wave parts it sometimes takes four to six weeks to get them. 109 Mr. Davis stated that Mr Bill Justeson, who has had much experi- ence with translator TV in Orangeville, Utah, had indicated that he would be willing to come to Moab in the near future to test the signal in the Moab area if the people of Moab expressed a desire for him to do so. Mr. Davis also expressed a willingness to assist in this test. He stated that a field strength meter could be brought to test the signal and also, if desired, a battery -powered portable TV could be brought to observe the quality of picture. Both Councilmen Bonser and Hammer expressed a desire to go with Mr. Davis and Mr. Justeson and felt this would be the most appropriate next step. It was decided that the west mountain would be the most feasible place to begin testing and that Poison Spider might be the best location to start. It was decided to meet at the Grand County Courthouse at 10 A.M. on Saturday, January 18. In addition to the Councilmen, Mr. Baxter, a representative from AT&T and a representative from one of the electrical repair services and other interested individuals were also invited to observe the measurements. The meeting was adjourned at 3:55 P.M. The following were in attendance at the meeting: Royce Henningson C. J. Larsen Larry R. Carson Glenn Baxter Henry L. Mower Darrel Phelps Les Erbes ATTEST: Carl E. Sabo Jon Leatham W. D. McArthur Sylvia M. Barney Jack W. Walker Tom Worster R. W. Unger, Recorder Butch Lightfoot Roger D. Killpack Susan J. Leatham Milton L. Davis Mrs. Henry L. Mower Dee Trenter ,. ,_1, J ft Wm. Dean McDougald, Mayor January 21, 1975 The regular meeting of the Moab City Council was called to order at 7.35 P.M. in the Council Chambers on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Nightingale, Jacobs, Hammer, Bonse and Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. St -:at Superintendent Day was also in attendance. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to adopt the minutes of the regular meeting held January 7 1975 and the minutes of the special meeting held January 13, 1975, as submitted. Councilman Jacobs spoke of his interest in proposed amendments to the dog ordinance. He suggested a review by a committee of Council- men, interested citizens and law enforcement personnel to recommend final action. He was in favor of desexing but feared that the proposed fees would not achieve the desired end. He also favored an immediate survey or census of dogs. Councilman Bonser outlined the proposed fee schedule, enforcement by use of violation tickets where applicable, and the volunteer citizen survey. The necessary printed forms were available. Councilman Jacobs said the survey should be well publicized and supervised by law enforcement personnel. Councilman Bonser stated that the fees could be established at this meeting, with the basic fee being for a desexed animal. Councilman Jacobs wanted citizen involve- ment in establishing fees. Mayor McDougald appointed Councilman Bonser and Jacobs plus citizens Julie Walton, Dr. B. A. Broughton and James Wiseman as a committee to set fees, ordinance changes and arrange the Mr. Justeson to test signal in Moab Councilmen to witness testing To start testing on Poison Spider Time for testing set Adjournment Attendance by public Regular meeting Attendance Minutes approved Animal control 110 Holiday Haven water well Water We11 No. 9 Hitching Post licenses Utah Gas Service Co. franchise Ordinance 1-75 survey. They were to be called for a meeting at 7:30 P.M. on Thursday, January 23, 1975. A discussion was initiated revising the Holiday Haven water well proposal. Mayor McDougald stated that he did not think the State Health Department would permit an interconnection with the City water system. The tenor of the Council as a whole appeared to be in opposition to such an interconnection. It was stated that the State Health Department recommends a local ordinance of prohibition. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, for Attorney Ruggeri to research existing City ordinances and, if necessary, to draft an ordinance amendment prohibiting City and private water supply cross - connections and in due time to serve notice on Holiday Haven of the prohibiting ordinance. Engineer Keogh reported that Stephenson Drilling had reached a depth of 110 feet in water well No. 9, had encountered water at 46 feet, which rises to 32 feet when undisturbed overnight. Drilling was temporarily interrupted due to an employee injury. Councilman Bonser made a motion, seconded by Councilman Nightingale and carried, to issue beer and cabaret licenses to the Hitching Post (formerly Hank's Billiards) when final police clearance is received. Due to the calendar timing of the application, the Mayor recommended that since the new license would cover the full year, upon payment of the fee, the former owner's license obligation be excused and the two owners make an adjustment between themselves. However, Hank's arrearage on pool table licensing shall be collected by the City. Councilman Bonser explained the gas franchise which had been negotiated with Utah Gas Service Co. The Company was seeking a 50- year franchise, and the City had been reticent to exceed a 20-year term. A compromise was reached on 33 years. It had also been determined that a franchise fee, based on business volume, cannot be legally absorbed by the Company for inclusion in rates but must be shown as an item on customer billing. In the Company's tarrif policy filed with the Public Service Commission, line extensions will be made by the Company at no cost to the customer if the cost does not exceed two times annual revenue from the extension. The present policy, confirmed by letter to the City, allows extensions not exceeding four times annual revenue. It is the intent of the Company to file this change with the Commission; however, it is subject to periodic change dependent upon economic conditions. Councilman Nightingale made a motion, seconded by Councilman Bonser and carried, to adopt Ordinance 1-75, which is the gas franchise agreement. Jacobs retires Councilman Jacobs retired from the meeting to return to the from meeting hospital, where he is under treatment. Gas franchise Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to extend the existing Utah Gas Service Co. franchise on a day-to-day basis until the newly-adup. franchise becufles legally effective. Judge and Police The Council was informed concerning an increase in rates for retirement fees Judges' retirement. Due to the salary agreement made with Judge Crist for fiscal 1975, the Council took the policy that the City would not absorb any additional retirement fee during the period, as the City is already carrying more than the required proportional amount. An increase in the police retirement for both employer and employee will be handled as prescribed by regulations. Ordinance 3-74 Councilman Peterson was adamant in his request for some action toward enforcement of Ordinance 3-74. Chief Dalton was present at the time and assured the Councilman that the necessary related pictures would be forthcoming. Translator TV Councilman Bonser reported on the translator TV testing, signal testing which he had witnessed in part on the previous weekend. Apparently, there was no signal available on Poison Spider Mesa. A site off Blue Hill produced what was called an acceptable signal, and on Wilson Mesa an excellent signal was received from Orangeville with good color on the three Salt Lake City commercial channels. Two translator locations would be required to cover Spanish Valley and the City of Moab. The position of the Council was that the City 111 would not engage in any tax supported TV transmission under present con- ditions. Councilman Bonser is continuing his work of preparing a renew- al franchise with the existing cable company. Lynn Day raised the subject of dozer work that he is contracting Dump contract on the dump. He stated that as long as his equipment held together he could continue this work, but with the increase in fuel and supply costs more pay would be required for a continuation. Councilman Hammer made a motion, seconded by Councilman Peterson and carried, to increase the contract from $175.00 per month to $200.00 per month, retroactive to November, 1974, which was the termination date of the previous agreemen with no specified termination date on the new rate. Councilmen Hammer and Peterson discussed a report of the Grand Grand County bounty Housing Authority, which is administering City funds relating to Housing Authority Abusing improvement for indigent owners. The programs available were explained. Councilman Nightingale made a motion, seconded by Councilman Bonser and carried, to pay the bills as submitted. The meeting was adjourned at 10:35 P.M. Adjournment ATTEST: R. W. Unger, Recorder Wm. Dean McDougald, ayor February 4, 1975 Prior to the official opening of Council Meeting, Martie Benge Bi-Centennial outlined some of the current activities of the Bi-Centennial Committee Committee to those present and asked for more thought, comments or suggestions. One project under consideration would require City, County or other assistance beyond the capabilities of the Bi-Centennial Committee. The project involves acquisition from the School District of Star Ha11, the DUP building (relic hall) and the tennis courts in the same area. Building restoration (uses not determined) and a park facility to replace the tennis courts are under study. The regular meeting of the Moab City Council was called to order Regular meeting in the Council Chambers at 7:55 P.M. on the above date by Mayor Wm. Dean McDougald. Bills approved In attendance were Councilmen Nightingale, Hammer and Bonser, Attendance Attorney Ruggeri, Engineer Keogh, and Recorder Unger. rr.,,n^ lmen Jacobs and Peterson were absent. Street Superintendent, Day, and Chief of Police, Dalton, were in attendance for a portion of the meeting Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to adopt the minutes of the meeting of January 21, 1975 as submitted. Ray Branscom, Sr. appeared before the Council to inquire about dividing a lot in Walker Subdivision for the construction of two residences. He was referred to the Board of Adjustment. Minutes approved Lot division in Walker Subdivi- sion Dan Holyoak appeared before the Council to request permission to Robin's Nest reactivate the abandoned Robin's Nest Trailer Court. He was referred Trailer Court to the Planning Commission to seek rezoning to achieve compliance. James Wiseman appeared before the Council to discuss the pro- Dog census posed volunteer door-to-door dog census. He was not receiving any volunteers for help but was receiving some abuse for the proposal. He thought that a personal plea on TV and radio might be beneficial. He was invited to join Mayor McDougald on Thursday to participate in the Moab Report program. 112 16" water main for City water Judge's retire- ment fee Relocation of BLM offices Resolution 2-75 Ordinance 2-75 Councilman Nightingale made a motion, seconded by Councilman Bonser and carried, to secure an engineering review of the flow characteristics in the 16" water main delivering water into the City's ystem. Councilman Nightingale made a motion, seconded by Councilman onser and carried, for the City to pay the newly effective increase n Judge's retirement. The City was also to write a letter of protest oncerning government agencies that by committee appear to arbitrarily hange rates for this type of activity not coinciding with budget terms. Les Erbes appeared before the Council to request the support of he City officials toward blocking the proposed relocation of BLM ffices from Monticello to Price. Price is faced with a rapid opulation increase due to the energy situation, and the greater area f BLM administered land is in the southern part of the State. On a otion made by Councilman Hammer, seconded by Councilman Nightingale nd carried, the following resolution was adopted: RESOLUTION 2-75 Whereas, the City Council of the City of Moab is of the opinion that the relocation of area headquarters of the Bureau of Land Management from Monticello to Price, Utah is an impractical move and not in the best interests of the people or the lands being administered. Now, therefore, be it resolved that the City of Moab, through its Mayor, direct communications opposi- tion to the proposed relocation to Paul Howard, State Director of BLM, Governor Rampton, and to each member of the Utah congressional delegation. Following a brief explanation of the new regulations concerning he bonding of public treasurers, which involves the bond being set at O% of gross revenues for the preceding year, Mayor McDougald announced is desire to establish the title of Treasurer Emeritus for Howard alsley and to appoint Maxine Smith as City Treasurer. The Council onfirmed the title and appointment. Councilman Bonser made a motion, seconded by Councilman Night- ngale and carried, to adopt the following Ordinance 2-75: ORDINANCE 2-75 N ORDINANCE AMENDING CHAPTER 4, MOAB CITY CODE 1965 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 4-19 be, and the same is, hereby amended to read s follows: "Sec. 4-19. Fees; term. The fee for a dog license under this division shall be two dollars for a desexed dog, f,-- 'Iollars for an uncasterated male dog and ten dollars for a female dog. Such fee shall be paid to the City Recorder. The license shall expire on the last day of February of the calendar year next following the issuance thereof. No license shall be issued for a sum less than the full annual fee." THAT Section 4-30 be, and the same is, hereby amended to ead as follows: "Sec. 4-30. Redemption fee. For every dog taken up and impounded as pro- vided in this article, there shall be paid to the City Recorder for the use of the City by any person desiring to redeem such dog the following sum as a fee for taking up or impounding such dog, plus the annual license fee provided in this article and the cost of keeping such dog while impounded: Five dollars for the first taking up. Ten dollars for the second taking within one year. Twenty dollars for the third and subsequent takings within any one year." 11'3 This Ordinance shall become effective twenty (20) days after publication. Passed by a unanimous vote of all members of the City Council of Moab City, Utah, present the 4th day of February, A.D., 1975. Approved: /s/ Wm. Dean McDougald Mayor ATTEST: /s/ R. W. Unger City Recorder Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to enter into these minutes - Resolution 1-75 as stated below: RESOLUTION No. 1-75 A RESOLUTION DECLARING THE INTENT TO ASSIST THE SOUTHEASTERN UTAH ASSOCIATION OF GOVERNMENTS TO CONDUCT AND IMPLEMENT 0 WASTE TREATMENT MANAGEMENT PLANNING: p WHEREAS, under applicable Federal Statutes and V Environmental Protection Agency guidelines and regulatic s U it is necessary for the local governments which constitute the SOUTHEASTERN UTAH ASSOCIATION OF GOVERNMENTS to conduct and implement waste treatment management planning. NOW, THEREFORE, BE IT RESOLVED THAT THE City of Moab, declares its intention to participate in and render what assistance it can to the SOUTHEASTERN UTAH ASSOCIATION OF GOVERNMENTS to conduct and implement waste treatment manage- ment system for the four -county area (Emery, Carbon, San Juan, Grand counties). Further, all proposals for grants for the construction of publicly owned treatment works will be consistent with the approved plan of the designated planning agency for the coordinated system. PASSED: January 28, 1975 /s/ Wm. Dean McDougald, Mayor /s/ Richard Paul Hammer, Councilman /s/ Jerry M. Bonser, Councilman ATTEST: /s/ R. W. Unger, City Recorder Following a discussion concerning problems relating to cabaret operaiions and the nebulous licensing rate, Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to establish in the licensing fees an annual rate of $100.00 for a cabaret license for all new applications during the current licensing period or thereafter and all renewals for periods to follow: Early morning problems related to private club operations prompted a renewal of discussion concerning closing hours for private clubs. Councilman Bonser volunteered to discuss the matter with the operators, but it was decided to defer such action until Attorney Ruggeri could check State regulations in reference to City authority to regulate or control such clubs. Specifically, the only City license held by the T & C Club is a gross business license. Councilman Bonser announced that the gas franchise had been signed by officials of the Utah Gas Service Company, had been legally published and would become effective on February 12, 1975. Resolution 1-75 Cabaret license fee Closing hour for private clubs Gas franchise 4 Jay Holland reappointed to Recreation Board Recreation Board Bills approved Deputy Recorder salary Narcotics task force Revenue Sharing funds meeting in Salt Lake City #9 water well Adjournment Regular meeting Attendance Minutes approved Fire Department Robin's Nest Trailer Court Councilman Hammer had consulted with Jay W. Holland, whose term n the Recreation Board had expired, and Mr. Holland indicated willing- ess to continue serving on the Board for a term expiring on January 1, 1980 The Council approved the appointment. Councilman Hammer also discussed revamping the Recreation Board following the resignation of Glen Richeson as Recreation Director. The Desire is to divide the program into four supervisory areas, with each upervisor reporting to an overall director, thus dividing the responsi- .ility and work load among more people. Councilman Nightingale made a motion, seconded by Councilman ammer and carried, to pay the bills as submitted. The Mayor requested permission to increase the salary of Deputy Recorder, Judy Marshall, to $450.00 per month, effective February 1, 1975. The Council assented. The Mayor reported on his attendance at a meeting in Price con- cerning the forming of a four -county narcotics task force. He stated that the organizational planning had reached the stage for funding application. He also stated his intentions of meeting in Salt Lake City on February 10, 1975 with Representative Gunn McKay concerning the use of Revenue Sharing Funds. Engineer Keogh reported that #9 well was drilled to a depth of about 214 feet and appeared to be approacning the Kayenta formation. After recovering a damaged 24" tool, drilling had been resumed at a 20" diameter, which can be reamed to 24", if necessary. The meeting was adjourned at 10:45 P.M. Wm. DearileitUgald, May ATTEST: /"e(-1„f(.-A/J R. W. Unger,/Recorder February 18, 1975 A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers on the above date at 7:35 P.M. In attendance were Councilmen Nightingale, Jacobs, Hammer, Bonser and Peterson, Attorney RuaaPri, Engineer Keogh and Recorder Unger. Chief of Police, Dalton, and Street Superintendent, Day, were in attendance for a portion of the meeting. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to adopt the minutes of the meeting of February 4, 1975 as submitted. Fire Chief Black appeared before the Council to request the release of the balance of the budgeted Revenue Sharing funds over the basic cost of the Fire Chief's truck for additional equipment. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to allow the balance of $1,126.35 for payment on a pump and additional miscellaneous equipment. Mr. Black then made a report of the activities of his department, particularl,; related to training and equipment improvements. He also indicated his optimism toward the outcome of the forthcoming rating survey. G. U. Foote appeared in behalf of Dan Holyoak concerning the use of property once known as Robin's Nest (Domenick) Trailer Court. This property had been discussed several times previously. At the suggestion of Councilman Jacobs, the Mayor agreed to review the situation with the Planning Commission. 11, 5 Cf.) CO U Street Superintendent, Day, informed the Council concerning a problem with large quantities of grease and oil coming into the sewer plant. Several possible sources were discussed along with means of try- ing to trace them. Councilman Jacobs indicated ar interest in assisting with solution of the problem. The Mayor discussed with Chief of Police, Dalton, the recent problems concerning the proper observation of closing time by some beer taverns. The Chief was assured of police authority to enforce complete closing and of the full support of the Council toward license revocation if cooperation cannot be achieved. Attorney Ruggeri stated that he had not yet been able to get the information desired in reference to closing control over private clubs. Chief Dalton noted that while vandalism had been at a distress- ingly high level other forms of crime had been at a comparatively low level during the past couple of months. Councilman Bonser introduced a discussion on a proposed franchise renewal for Town TV. Tom Worster, representing the company, partici- pated in the discussion. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to continue the existing franchise on a day-to-day basis until the proposed franchise received legal review, a public hearing, and other details essential to completing and making the new franchise effective. A general discussion was held concerning problems being encounter- ed and anticipated under the recently enacted zoning ordinance. No specific solutions were achieved as it is not the prerogative of the Council to administer the ordinance. Administrative appeals, under the ordinance, are to be resolved by proper application to the Board of Adjustment. Regulation or map changes would come under proper appli- cation to the Planning Commission for recommendation to the Council for or against ordinance amendment. Councilman Jacobs stated that a citizen was involved in a flood control project that in addition to personal benefits would also be beneficial to the City. He was requesting some assistance in acquiring a culvert for the project. The cost was nebulous, but the rest of the Council indicated an interest toward participation if reasonable costs could be determined. A discussion was held with Engineer Keogh about pipe requirements for testing #9 well or other protective measures to prevent erosion or flooding below the well site. Councilman Nightingale made a motion, seconded by Councilman Hamner and carried, to pay the bills as submitted. Councilman Peterson reviewed plans for the annual spring cleanup program in conjunction with the Chamber of Commerce. He requested the assistance of City employees and permission to use funds from the Com- munity Affairs budget to pay competitive prizes. The LouuLil indicated full support, The Mayor stated that although the Moab Country Club Directors can set fees for golfing they are subject to approval by the City Council. Annual fees for this season are to remain unchanged, but green fees for nine holes are to increase from $1.50 to $1.75 and eighteen holes from $2.50 to $3.00, every day. Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, that the proposed fees be approved. Councilman Jacobs requested that the Recorder be instructed to secure costs on a security fence for the Mountain View Water storage tank. The Mayor stated that a complaint had been received about a cool- ing water drain ditch behind Miller's Supermarket as being a potential mosquite breeding ground. It is to be investigated. Engineer Keogh informed the Council that he was expecting infor- mation shortly from Nielsen, Maxwell & Wangsgard in regard to testing the flow characteristics in the 16" water main. Sewer plant Beer tavern closing time Police report TV franchise Zoning ordinance Flood control project #9 well testing Bills approved Cleanup campaign Golf fees Fence for Mountain View wafer storage tank Water drain ditch behind Miller's #9 water well testing Ilti Resolution 1-75 Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to enter into these minutes - Resolution 1-75 as stated below. Cabaret license fee Closing hour for private clubs Gas franchise Recreation Board appointment Recreation Board Bills approved Deputy Recorder's salary Narcotics task force RESOLUTION No. 1-75 A RESOLUTION DECLARING THE INTENT TO ASSIST THE SOUTHEASTERN UTAH ASSOCIATION OF GOVERNMENTS TO CONDUCT AND IMPLEMENT WASTE TREATMENT MANAGEMENT PLANNING. WHEREAS, under applicable Federal Statutes and Environmental Protection Agency guidelines and regulations it is necessary for the local governments which constitute the SOUTHEASTERN UTAH ASSOCIATION OF GOVERNMENTS to conduct and implement waste treatment management planning. NOW, THEREFORE, BE IT RESOLVED THAT THE City of Moab, declares its intention to participate in and render what assistance it can to the SOUTHEASTERN UTAH ASSOCIATION OF GOVERNMENTS to conduct and implement waste treatment management planning which will result in a coordinated waste treatment management system for the four -county area (Emery, Carbon, San Juan, Grand counties). Further, all pro- posals for grants for the construction of publicly owned treatment works will be consistent with the approved plan of the designated planning agency for the coordinated system. PASSED. January 28, 1975 /s/ Wm. Dean McDougald, Mayor /s/ Richard Paul Hammer, Councilman /s/ Jerry M. Bonser, Councilman ATTEST: /s/ R. W. Unger, City Recorder Following a discussion concerning problems relating to cabaret operations and the nebulous licensing rate, Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to establish in the licensing fees an annual rate of $100.00 for a cabaret license for all new applications during the current licensing period or there- after and all renewals for periods to follow. Early morning problems related to private club operations prompted a renewal of discussion concerning closing hours for private clubs. Councilman Bonser volunteered to discuss the matter with the operators, but it was decided to defer such action until Attorney Ruggeri could check State regulations in reference to City authority to regulate or control such clubs. Specifically, the only City license held by the T & C Club is a gross business license. Councilman Bonser announced that the gas franchise had been signed by officials of the Utah Gas Service Company, had been legally published and would become effective on February 12, 1975. Councilman Hammer had consulted with Jay W. Holland, whose term on the Recreation Board had expired, and Mr. Holland indicated willingness to continue serving on the Board. Mayor McDougald reappointed Mr. Holland as member -at -large to the Board for a term expiring on January 1, 1980. The Council approved the appointment. Councilman Hammer also discussed revamping the Recreation Board following the resignation of Glen Richeson as Recreation Director. The desire is to divide the program into four supervisory areas, with each supervisor reporting to an overall director, thus dividing the responsibility and work load among more people. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to pay the bills as submitted. The Mayor requested permission to increase the salary of Deputy Recorder, Judy Marshall, to $450.00 per month, effective February 1, 1975. The Council assented. The Mayor reported on his attendance at a meeting in Price con- cerning the forming of a four -county narcotics task force. He stated that the organizational planning had reached the stage for funding application. 117 He also stated his intentions of meeting in Salt Lake City on February 10, 1975 with Representative Gunn McKay concerning the use of Revenue Sharing funds. Revenue Sharing funds meeting Engineer Keogh reported that #9 well was drilled to a depth of abou #9 well 214 feet and appeared to be approaching the Kayenta formation. After recovering a damaged 24" tool, drilling had been resumed at a 20" diameter which can be reamed to 24", if necessary. The meeting was adjourned at 10:45 P.M. Adjournment /& Wm. Dean McDouga d, Mayo ATTEST: I R. W. Unger, Re,Eorder March 4, 1975 A regular meeting of the Moab City Council was called t_ order by Mayor Wm. Dean McDougald in the Council Chambers at 7:30 P.M. on the above date. In attendance were Councilmen Nightingale, Jacobs, Hammer, Bonser and Peterson, Engineer Keogh and Recorder Unger. Attorney Ruggeri was not present. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the February 18, 1975 meeting as sub mitted. Fran Barnes appeared before the Council and briefly discussed some realignment in the Bi-Centennial Committee. He stated that there were problems relating to the pursuit of one of the major projects being con- sidered. An alternate proposal was the development of the park area along Mill Creek at the site of the former Mulberry Lane Trailer Court. This would require an expression of interest from the City. The Council indicated an interest to consider thin pursuit, and Councilman Hammer was designated to work with Mr. Barnes for further study. A sizable group representing Community Action Program was present. Mayor McDougald acknowledged them and stated that CAP was considered to be a nonessential agency by virtue of duplicating services of other agencies already in the community. This reaction had been communicated by the City to the County Commission and was to be passed on to the Southeastern Utah Association of Governments. Roberta Anderson, local CAP Director, stated that she had received no word concerning any problems and requested an opportunity to present a f..-1 formal program covering CAP activities. Question: Does the Headstart Program operate under CAP activities'? Answer: Yes, but under the regional office in Price, not the local office. Roberta Anderson stated that CAP helps people in filling out assistance requests and has provided aid for housing. Dr. Shanteau said that CAP may duplicate services but is helpful. Duane Barker brought up past problems he had undergone with the school system and said CAP was the only listening post he had found responsive to stabilizing his situation. Mr. Pipkin said CAP had assisted his father in getting a heating system installed in his house. Marie Tibbit, CAP Area Director from Price, said CAP works with Regular meeting Attendance Minutes approved Bi-Centennial Committee Community Action Program CAP Headstart Program CAP CAP CAP CAP CAP people. 18 CAP CAP CAP CAP CAP Alcohol and Drug Advisory Council Zoning Board of Adjustment Committee Dog census Cable TV franchise Cooling drainage ditch cleaned TV reception in Green River Zoning Ordinance Silver Dollar Club Mrs. Anderson said a form of two-way communication was needed to overcome problems. Dr. Shanteau said tough people do get along on their own and are biased against social services. Within the Council, a desire was indicated to determine regula- tions and procedures in reference to dropping CAP. Howard Balsley stated that CAP was approachable and assisted people in filling out difficult forms required by some other agencies. Councilman Nightingale made a motion, seconded by Councilman Jacobs and carried, to table the problem until the meeting of April 1, 1975 with CAP providing in the interim documented data covering activities in which it had been engaged and returning on the specified date for discussion of the information presented. Stacey Lawrence, representing the Alcohol and Drug Advisory Council, stated that under the regulations of the Southeastern Utah Association of Governments the ADAC must have an elected official on its board. It was agreed that Councilman Peterson would act in this capacity with the citizen board of fifteen members. Only three of the fifteen -member board were named: Reverend Sanford Hampton, Janice Bonser and Dixie Barker. Mayor McDougald stated his desire to appoint James A.Wiseman to the Zoning Board of Adjustment. The appointment was confirmed on a motion made by Councilman Bonser, seconded by Cnmcilman Hammer and carried. Mr. Wiseman appeared before the Council to announce that he had received insufficient support toward executing a dog census and felt that the issue should be dropped. Councilman Bonser concurred and stated that the issuing of citations for leash violations was to be started immediately. Councilman Bonser confirmed the agreement to hold a special Council meeting on March 17 as a public hearing in relation to the adoption of an ordinance covering the cable television franchise. Councilman Hammer stated that the open drainage from Miller's Supermarket cooling and refrigeration had been cleaned and that the owners were considering elimination of the drainage by installing a cooling tower. He had recently spent some time in Green River. While there he observed some television, which is received by translator, and com- mented that it was terrible. He called attention to a recent ruling by the Zoning Board of Adjustment and stated that the Board was adhering rigidly to the pro- visions of the ordinance. Councilman Hammer's last bit of business was that the Silver Dollar was dissatisfied with the cabaret license refusal and the enforcement of closing regulations. The owner wished an audience before the Council, and the Councilman wanted him to be called and advised that there would be time for him to appear at this meeting. The call was made. #9 well l Councilman Jacobs asked about the status of well #9. Engineer Keogh said that the gravel pack was in and the well was ready for surging, but the indicated recovery was disappointingly low. John Pauley, operator of the Silver Dollar, entered the meeting. His business was mainly concerned with policing activity. He com- plained about customers being picked up by the police after leaving his place of business and about their insistence that the place bP evacuated and closed by 2 A.M. He wants cleanup time after closing. While still desiring a cabaret license, this was of secondary impor- tance for the present. The Mayor assured him that his complaints would be answerable at the next Council meeting. Financial state- Councilman Nightingale stated that he was still pushing Claus ments and Auger to get up-to-date on monthly financial statements. Silver Dollar Club CAP 119 He also stated that he felt there was a weakness in communications within the City administration relating to background information on prob- lems such as the CAP probe. Councilman Peterson gave a reminder concerning the spring cleanup Cleanup campaign campaign scheduled for the main drive on March 22. Councilman Nightingale made a motion, seconded by Councilman Bonserj Bills approved and carried, to pay the bills as submitted. Engineer Keogh displayed an amended plat of block C, Utex Sub- Block C plat division, showing the most recent property alignment. The Council approve the plat. He also presented a proposed revision of a southward extension -of Mountainview Mountainview Subdivision and sought the Council's position on an early Subdivision construction start by a contractor. The Council agreed that the con- tractor could start construction only after completion of all required street, water and sewer improvements pertaining to the lot on which con- struction was to take place and that the residence could not be occupied until the revised subdivision plat had been properly approved and recorde The meeting adjourned at 11:30 P.M. Adjournment d'{ CI U V ATTEST: R. W. Unger, Recorder Wm. Dean McDougald, Mayor March 17, 1975 A special meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 7:35 P.M. on the above date. Special meeting In attendance were Councilmen Nightingale, Jacobs, Hammer (late), Attendance Bonser and Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. The minutes of the meeting of March 4, 1975 were corrected to read Minutes approved Duane Barker instead of Keith Barker. Councilman Peterson made a motion, as corrected seconded by Councilman Jacobs and carried, that the minutes of the March 1975 meeting be adopted as corrected. The Mayor stated that the meeting was now open for discussion of TV franchise the proposed TV franchise. Councilman Bonser touched briefly on major points in the proposal covering duration, rates and the meeting of FCC standards. Mrs. Flora Evans complained that her TV worked only about half the time. Mr. Dean Potts, residing in Holiday Have „ ..tated that he thought the service was poor, but had improved since franchise nego- tiations began. Mr. Tom Worster, representing Town TV, stated that Councilman Hamner had inspected their records of testing practices, proor of performance and regularly scheduled preventive maintenance. Although this material represents technical records only, specimens were displayed to the Councilmen. Mr. G. U. Foote announced that he had been involved with the original organization and the first franchise. He stated that the TV situation was much improved over the earlier days. Councilman Bonser advised that there were a couple of items where detailed language was in question and would require approval of legal departments for both parties. To permit completion of final refinements, Councilman Nightingale made a motion, seconded by Councilman Bonser and carried, to table further consideration by the Council until the next regular Council meeting. Councilman Jacobs asked for an updating on the M9 well. Engineer Keogh stated that an attempt had been made to complete the well at a lesser depth than originally projected. Testing indicated low gallonage, so drilling was resumed, with the actual depth to be determined by avail- able water, hopefully in an increased quantity. Dan Holyoak and G.U. Foote appeared before the Council to again ask to what use the former Robin's Nest Trailer Court property could be #9 well Robin's Nest Trailer Court 12) put. The Council agreed to meet with these men on the property in question for a visual inspection at 10 A.M. on Tuesday, March 18, 1975. Departure and arrival TV franchise Recreation Board appointment Mountain View Subdivision City water sources Street washer Bills approved Water use pro- jection CAP Resolution ed Engineer Keogh s retainer Water connection in Spanish Valley Fire hydrant inspection Engineer Keogh departed from the meeting, and Councilman Hammer owned the meeting. Councilman Hammer discussed his study of FCC regulations, the aintenance and monitoring program of Town TV and his accord with the franchise conditions covering these items. Having just departed from a Recreation Board meeting, Council - an Hammer informed the Council that Kenny Yama was the choice of the :oard to fill the vacant director's post. No public announcement had ,et been made as Mr. Yama had not been informed or accepted the appoiht- ent. Councilman Hammer outlined the agreement and TCD guarantee of good faith which had been posted by Allen Berna to start construction of an extension of Mountain View Subdivision. Following a discussion of the periodic recurrence of requests to use non -City -owned water sources in direct connection with the City water distribution system, Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to amend a motion passed at the November 6, 1974 meeting (page 96, official minutes) from "to permit no interconnecting of City water with private sources" to "to permit no interconnecting into the City system of water from any source not produced or purchased by the City." Councilman Jacobs asked for the reaction of the Council toward selling the street washer, if an opportunity was presented, and securing a replacement more suited to Moab conditions. The Council as in accord with the request of Councilman Jacobs and recommended price of $35,000.00 for the unit owned by the City. Councilman Nightingale made a motion, seconded by Councilman eterson and carried, to pay the bills as submitted. Mayor McDougald stated that in reference to the Mill Creek Dam tudy the Water Conservancy District needed some projected commit- ments for future water requirements. Based on a 20-year projection, /t was decided the City should request a reserve of 2,500 acre feet. 111 A general discussion was held concerning future study and the eeting with the Community Action Program. adopt-i Councilman Jacobs made a motion, seconded by Councilman Bonser nd carried to adopt the following resolution: "Resolved, that First Security Bank of Utah, Moab Office and the First Western National Bank, Moab Office be designated as depositories of the Moab City Corpora- tion and that funds of this Corporation deposited in said banks be subject to withdrawal upon checks, notes, drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when sigr.cc' : behalf of this Corporation by City Recorder or Deputy Recorder and the City Treasurer or Deputy Treasurer." Councilman Bonser made a motion, seconded by Councilman Peterson nd carried, to increase the retainer of Engineer John Keogh to $300.00 er month, effective April 1, 1975. In reference to a request from Kay Hawks for a water connection in Spanish Valley, which had been under study, the Council determined that no new taps would be cut into the 16" main where pumping is required for delivery. If the flow at the existing Allred tap can be improved, Mr. Hawks will be permitted to take delivery at that point and run his own line (estimated 500 feet) to point of usage. Councilman Hammer discussed the fire hydrant situation and stated that the Fire Department would actively participate in inspections and testing. 121 Councilman Peterson made a motion, seconded by Councilman Jacobs Adjournment and carried, for adjournment at 10:40 P.M. iL` m. Dean McDouga I, 'ayor ATTEST: 79 R. . Unger, R corder April 1, 1975 A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 7:30 P.M. on the above date. M and Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. da QCouncilman Hammer made a motion, seconded by Councilman Bonser and U carried, to adopt the minutes of the special meeting held on Marc!' 17, U 1975 as submitted. In attendance were Councilmen Nightingale, Jacobs, Hammer, Bonser Mayor McDougald acknowledged receipt by himself and each Council- man of the CAP packet and stated that it was being taken under advise- ment. The Mayor introduced Nita Graves, Community Services Administra- tion (formerly OE0), Denver. This is the financing agency for CAP. Ms. Graves stated that she was just visiting and observing. David W. Allen submitted Plat "E" and amended portions of Plats "A", "C" and "C-1", Mountain View Subdivision extension. This had been approved by the Planning Commission, City Engineer and City Attorney as being ready for adoption. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to accept the plats as submitted. Fred Schmidt, Roy Ricks and Delbert Oliver appeared before the Council in reference to Canyon View Estates Subdivision and Emerald Sub- division, in which remain unimproved lots, which under the new zoning ordinance are nonconforming. The complaint is inability to get specific information from the City offices on how permission can be obtained to use the properties. After some discussion, Councilman Hammer was assign- ed the task of clearing up procedures to be followed in these and future cases. When the meeting was opened to other citizens, Robc-t- 4nderson announced that she had some additional written information to present in behalf of CAP. She also asked for financial assistance, approximating $100.00, to defray the cost of preparing the packet that had been pre- sentee to the Councilmen. She stated that she was prepared to answer any questions that might concern the contents of the packet. Councilman Bonser stated that he had reviewed the packet but wished to discuss the contents with other people involved. Ms. Anderson said she would like an opportunity to discuss the packet individually with each Councilman. Councilman Jacobs stated that he had no questions and needed no explana- tions. Mervin Lawton said that if the City could not defray the packet expense he would contribute to that end. Dr. Richard Shanteau commented that CAP supplemented rather than duplicating other agencies. It had done well in defending itself, and further discussion seemed unnecessary. Discussion and some bickering continued. Councilman Peterson courteously and firmly announced that the City Council was not a rubber stamp body and that when a decision was rendered it would reflect the individual thinking of the Council members. Councilman Bonser stated that the changes, previously discussed, had been made in the proposed TV ordinance (franchise) and that it was ready for adoption. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to adopt this Ordinance, 3-75, to be pub- lished and to become effective in 30 days. Regular meeting Attendance Minutes adopted CAP CAP Mountain View Subdivision extension Canyon View Estates Sub- division and Emerald Sub division COD TV franchise Ordinance 3-75 122 City personnel policy Patrolman Duncan resigned, Lynn Izatt appointed Moab Report Animal Control Smoke from dump #9 well CAP Budget statement Trees purchased Visitor Center Crosswalk at 4th East at Center St. Law -enforcement meeting Adjournment In 1963, the Council had adopted a City personnel policy, which was not kept active. A copy of this policy, minus the wage provisions, was submitted to the Councilmen on March 20, 1975 for reconsideration. Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, to readopt the policy as submitted, to become effective immediately and to be prepared in suitable form for distribution to all present employees and new full-time employees when hired. Councilman Bonser announced that Police Patrolman Duncan had resigned and planned to locate elsewhere for other employment. His replacement, Lynn Izatt, comes from Logan. He served three years in the Sheriff's Department in Cache County and has received the school training required for Moab officers. Due to plans for being out of town on his scheduled Moab Report day, Councilman Nightingale requested a change of dates. Councilman Bonser offered to trade dates. Councilman Bonser also stated that the first dog violation citation had been written by the Animal Control Officer. Councilman Hammer noted that Mrs. Fratto had complained to him about smoke from the dump leaving an odor in clothes drying on an out- door line. Councilman Jacobs deferred to Engineer Keogh for a report on drilling #9 well. The depth reported was at 425 feet with drilling continuing toward 450 feet. A slight increase in water production was indicated. Below the 230 foot depth, the rate for drilling was under- stood to be $20.00 per foot. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to reimburse CAP for the cost of preparing their operating packet. Councilman Nightingale commented briefly on the fact that Claus & Auger had caught up-to-date and provided the Councilmen with a budget- ing statement. He was also pleased to note that in total the budget was well in balance for this time of year. Councilman Peterson stated that through the State Division of Forestry some seedling trees were available. He wished to make an expenditure of $20.00 for trees, about $30.00 for flowers to be set in tree bases and $24.77 for fertilizer for the flowers. Councilman Jacobs noted that the Visitor Center was in need of cleanup, the (rest rooms) in particular. Councilman Hammer said he would make arrangements to have this work done. The Mayor asked Councilman Bonser to investigate the requested need for a painted crosswalk on 4th East Street at Center Street. The Mayor announced that he wished to set up an administrative meeting for April 8, 1975 at 7:30 P.M. In addition to the Council, he wished to invite the County Commissioners, State, County, and City law enforcement representatives, Attorneys, Jud,:.:, ,chool authorit•es and Probation Officers. At 10:25 P.M., Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, for adjournment. m. Dean McDougald, Mayor, ATTEST: W. Unger R. g f Recorder 123 April 15, 1975 A regular meeting of the Moab City Council was called to order by Regular meeting Mayor Wm. Dean McDougald in the Council Chambers at 7.35 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer (late), Bonser and Attendance Peterson, Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Nightingale was absent. Councilman Jacobs made a motion, seconded by Councilman Bonser and Minutes adopted carried, to adopt the minutes of the regular meeting held April 1, 1975 as submitted. Mr. W. D. McArthur protested the alleged trapping and destroying of Cats cats by Bill McComb in the Walnut Lane Trailer Court. It was determined that the trap was the property of the City, loaned to Mr. McComb for use in his own yard, with the removal and disposition of the animals to be handled by the Animal Control Officer. Councilman Jacobs had responded to a previous complaint during the weekend and had requested that the activity be discontinued until the Animal Control Officer was on duty and available to handle the animals. There being no regulations to either control or to protect cats, City Attorney Ruggeri stated that any citizen has the recourse of filing a legal complaint against another citizen for cruelty to m animals. This is covered in the Utah State Code and comes under the juris- d+ diction of the County Attorney. Ot Q Mr. Jim Black asked if there was to be any discussion concerning CAP U CAP (there being a number of supporters in the audience). mayor McDougald U read a letter that he had written to the County Commission Chairman on February 24, 1975 reflecting the thinking of the City Council at that time concerning the CAP program. He briefly reviewed the activities since that time and stated that he believed the Council was ready to vote to clearly establish its position on the matter. Councilman Jacobs made a motion to reaffirm Council support for the Mayor's letter. The motion was seconded by Councilman Bonser. Mr. Black stated that he was relatively a newcomer to the community and had little knowledge of CAP activities here but liked the work they had done elsewhere, particularly in Texas. Kent Johnson said that in his mind the action of the Council was a foregone conclusion and that litigation would be initiated two days hence. Mr. Charles Pipkin stated that he was holding a petition supporting CAP and that the petition bore 200 signatures. The petition was not submitted to the Council. Mrs. Fred Elderkin said that she had been approached on the street today by the head of CAP, who said there was a family in need of overnight lodging. Mrs. Elderkin offered a room in her home but was told it was inadequate due to the size of the family. In her concern for people in distress, she asked the Council who in the City could handle such situations. Council- man Jacobs stated that the Utah State Division of Family Services has an office in Moab to handle distress cases. Mayor McDougald then read a letter from Councilman Nightingale explaining his absence from the meeting and requesting that his vote be cast as in opposition to the continuation of CAP in Moab. The Mayor then asked for an individual vote from the Councilmen present on Councilman Jacobs' motion. Councilman Bonser said he had talked to every agency he could contact and none felt that the assistance of CAP was necessary to the conduct of the',-rograms. His vote on the motion was yes. Councilman Jacobs voted yes. Councilman Peterson said he was sure that some people had received benefit from CAP. He visited their office but could not see files due to confidentiality. he stated that according to the CAP presentation of records they have con- ducted good youth programs. However, in talking to many citizens, he found a great majority to be opposed to CAP activities. It was his belief that CAP does duplicate existing services. His vote on the motion was yes. Kent Johnson stated that the same organization would still be operating in Moab after July 1, under a different name and privately funded. Most of the audience departed from the meeting at this time. Councilman Hammer, who had been attending a Recreation Board meet- ing, joined the Council meeting. The Mayor briefed him on what had previ- ously transpired. Councilman Hammer stated that most of the people he had contacted were opposed to CAP. He wished to be placed on record in the minutes as being in favor of the motion which had been made by Councilman Jacobs. The Mayor and Councilmen acknowledged the presence of members of the City Police Department and of the Utah Highway Patrol and thanked them for their attendance and interest in local affairs. CAP Police attendance recognized 124 Cats Animal shelter Smoking regula- tion Police report, March Glen Richeson reemployed by Recreation Board Traffic control lights School cross- walks Zoning Motorbikes Park restrooms Curfew T & C Curfew Councilman Bonser said he had no new business, but would follow up on the cat situation that had been raised at the begin- ning of the meeting. Councilman Jacobs said he would assist but that he was sympathetic toward the party whose property was damaged by the animals. Mr. McArthur interjected that he believed the cats should be impounded a few days to permit owners to claim them prior to any destruction. The subject of an animal shelter was again raised, and the Mayor requested Councilmen Hammer and Bonser to make a study of such a proposal. The Mayor ordered that a record be made in the minutes to the effect that a copy of the Utah State smoking regulations had been received from the office of the Secretary of State and would be placed on file. Councilman Bonser briefly reviewed the City Police report for the month of March, 1975 citing operating statistics. Copies had been distributed to all Councilmen. Councilman Bonser also commented favorably on the cooperative effort of all law enforcement agencies toward curbing vandalism. Councilman Hammer reported that one of the primary actions of the Recreation Board had been to reemploy the former Director, Glen Richeson, for a five -month period at a salary increased from $420 to $580 per month. Ken Yama, who had accepted the position earlier, resigned to attend a summer school session. Councilman Hammer cited the need for tref^ic control lights at the intersection of Third South and Main Streets. This will require action by or through the State Department of Highways. Councilman Bonser pointed out the need for the painting of school crosswalks plus appropriate signs and speed control on 4th East Street at 3rd South and 2nd South Streets, but he did not see the need for such a school crossing on 4th East at Center Street. This was to be given further study in reference to more specific locations at the intersections. Councilman Hammer reviewed the zoning problems being encount- ered in some subdivisions, suggesting the need for spot zoning from R-2 to R-3 to permit beneficial use of property where the Board of Adjustment could not grant variances on a nonconforming basis. In reference to amending the zoning ordinance, to clear some question- able areas, the Recorder was instructed to contact Dale Despain to arrange for a consulting meeting. Councilman Jacobs reported numerous complaints about the persistent noise from motorbikes being ridden on vacant lots. To a great extent, this is done by underage riders, who cannot be licensed to travel on streets and highways. ConsideNable discus- sion was held concerning both the nuisance of and the need for this type of activity. It was decided that the activity could be stopped if the owners of private property would post the property. Still recognizing the need for some people, Councilman Hammer, Bonser and Peterson accepted the challenge of trying to locate a suitable area where riding permission could be granted and the noise would not be a disturbing factor. Councilman Jacobs emphasized the need for good custodial services at park restrooms and particularly at the Visitor Center. Resulting from the group law enforcement meeting held on April 8, 1975, Councilman Peterson initiated a discussion concern- ing recommendations to amend the curfew ordinance. This subject led to adult hours, and the discussion digressed to problems with the Town & Country Club. The Recorder was ordered to dispatch a letter to the club operators informing them of licens- ing regulations and instructing them to comply with the closing -hour ordinances. Returning to the curfew issue, Councilman Peterson made a motion, seconded by Councilman Bonser and carried, to amend Moab City Code, Sec. 17-6 to read as follows: 125 cfD V Sec. 17-6. Curfew --Persons seventeen years of age and under. No person seventeen years of age and under shall be, or remain in, or upon, any of the streets, alleys or public places or vacant lots within the city at night between the hours of 11:00 P.M. and 6:00 A.M. following, Sunday through Thursday, and between the hours of 1:00 A.M. and 6:00 A.M. following, Friday and Saturday, unless such person is accompanied by a parent, guardian or other person having legal custody of such minor person, or unless the employment or lawful business of such minor makes it necessary to be upon the streets, alleys, or public places between such specified hours, in which event such minor person shall obtain a permit from the Chief of Police to be upon the streets, alleys or public places during such hours. Where a permit is required from the Chief of Police under this section, such permit shall be kept upon the person and it shall be unlawful to be upon the streets, alleys, or public places within such curfew hours without such permit. PASSED by the City Council of Moab City this 15th day of April, A.D., 1975. The amended ordinance will be published in the Times -Independent on April 24, 1975 and will become effective on May 15, 1975. It is understood that Grand County plans to pass a like ordinance. Councilman Peterson presented a brochure outlining a number of seminars scheduled throughout the United States in reference to Federal Funding for Community Development. Mrs. Wallace Winfield asked for the proper authority to contact to seek permission for a Girl Scout concession stand at the Little League Ball Park for the summer season. Councilman Hammer stated that he would present her request to the Recreation Board and advise her of their deci- sion. Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, to pay the bills as submitted. At 10:15 P.M., Councilman Jacobs made a motion for adjournment. There were no objections. 6' ATTEST: R. W. Unger, Re4order l' Armour Wm. wean McDou.ald, Mayor May 6, 1975 A regular meeting of the Moab City Council was called to order by Mayor Wm Dean McDougald In the Council Chambers at 7:35 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer (late), Bonser, Peter- son and Nightingale (late), Attorney Ruggeri, Engineer Keogh and Recorder Unger. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the regular meeting held on April 15, 1075 as submitted. Mitchell Williams, Eddah Shields and Leon Epmeier appeared before the Council to question a ruling of the Building Inspector, who had refused permission to locate a mobile home in front of a residence at 40 West 1st North Street. Councilman Nightingale joined the meeting. After some discussion concerning zoning regulations and nonconforming rights, the Council agreed to make a visual inspection of the property at 10 A.M. the following day. Ordinance 4-75, Curfew Ordinance Curfew ordinance published Seminars re. fund• ing for community development Concession stand at Little League Ball Park Bills approved Adjournment Regular meeting Attendance Minutes approved Mobile home on City lot 12t Town and Country Club Protest to Mtn. View as motor bik site Corralled cattle Road show tour planned by Bi- Centennial Com- mittee Walker subdivisio development C.A.P. Board Darlene Walker appointed to Sha Tree Commission Scholarships for Drug and Alconol School at U.of U. Westwood Acres Water source verification Application made for flood control work Request for additional flood control funds Betty Beck appeared to discuss her applications for a beer license and a cabaret license for the Town & Country Club. The applications had been approved by the Police Department. The Council agreed to grant the issuing of licenses when payment is made. It was stipulated the tavern closing hours must be observed by the Club. Mrs. Beck requested permission to stay open after 2 A.M. for the purpose of serving food only. The Mayor stated that this request would be taken under advisement. Councilman Hammer Joined the meeting during the above discussion. Authorization for granting the licenses under City ordinance regulations was given on a motion made by Councilman Nightingale, seconded by Councilman Jacobs, and carried. Residents and property owners of Mountain View Subdivision appeared before the Council to voice objections to the Mountain View area being considered for a motor bike field for unlicensed riders. Councilmen Hammer stated there were two other areas being considered and that the Mountain View location would be dropped. Jess Zubeck also appeared in support of the Mountain View obJec- tions and stated further that he wanted the corralled livestock removed. Attorney Ruggeri cautioned against any precipitous action until the corral location was checked in relation to the City bound- aries. This detail was assigned to Inspector Shaffer and Engineer Keogh. George Anderson stated there were definite legal stipula- tions in reference to control over juveniles riding motor bikes on private property. He had done considerable legal research and cited the related laws extensively. Councilmen Hammer and Bonser rebutted some of his interpretations. David May of the National Park Service enlightened the Council on plans of the National Bi-Centennial Committee to sponsor a road show tour depicting life and activities in America 200 years ago. He had invited the tour group to make a one -day stop in Moab on June 10, 1976 and requested the use of the City Park for their presentation, with an indoor back-up such as the High School gymnasium. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to approve the Bi-Centennial activity. Mr. May was complimented by the Mayor and the Council for his initiative in getting Moab on the tour agenda. Tom Nielson requested consideration of the effect of allowing the development in the new Walker Subdivision with less than current frontage regulations. The Mayor, with the sanction of the Council, assured Tom an on -the -spot investigation would be made the next morn- ing. Lenore Johnson and Betty Koskinen, representing low-income people, informed the Council of the County Commission's request to them for names of people to serve on the revised C.A.P. Board. They requested the name of a councilman willing to serve on the Board and were informed Councilman Bonser was the Mayor's choice. Darlene Walker informed the Mayor she had heard she had been appointed to the Shade Tree Commission but had had no official noti- fication. The Mayor appologized and verbally made the appointment official and requested her to get in touch wit;;;;.. Hansen for infor- mation and instruction. Stacy Lawrence indicated the loss of some support for scholar- ships for the Drug and Alcohol School at the University of Utah and pleaded for City participation. After discussion, the Council and the Mayor requested Councilman Peterson to investigate the proposi- tion and to participate in selecting a scholar and then to proceed with financial- assistance if he concurred with the project. Lynn Day approached the Council on the surmised problem with getting water to Westwood Acres and was informed there is a water line carrying water at the rear of the acreage. Cecil Shaffer informed the Council he was holding a couple of permits until the Water source was verified. Councilman Jacobs informed the Council an application had been made to Four Corners for Title X funds of $100,000 for flood control work on the slick rock area. Councilman Jacobs also relayed the information that a letter from the Mayor requesting the assistance of Jim Harvey's office might assist in procurring additional funds. A resolution from the Council concurring with the foregoing was requested and granted. By unanimous vote of the Moab City Council, the following resolu- tion was adopted: The Moab City Council and the City administration declare 100% support in favor of the flood control pro- gram. The Council notes previous damage from flash floods off the slick rocks, and the Council feels the program will be of vast assistance to the citizens of Moab in flood protection. Attorney Ruggeri explained the Sales Tax Ordinance, No. 5-75, which the legislature had adopted and suggested the Council adopt it. Council- man Nightingale made a motion that the Ordinance be adopted. The motion was seconded by Councilman Peterson and was carried unanimously. Councilman Nightingale moved that the bills be approved. The motior was seconded by Councilman Bonser and carried. Mayor McDougald informed the Council he had written the Bureau of Land Management requesting that Moab be considered for the location of the District Office if it were to be moved from Monticello. The Council agreed to give $75 financial support to the Police Soft ball Team. John Keogh informed the Council he had made maps of all the subdi- visions showing the vacant lots to be used in checking for ordinance com- pliance. John also informed the Council that #5 well had been pumped into the golf course pond and that considerable sand was discharged at first but lessened in appropriate time. It is felt that after a couple of pump- ings the water will be clear at start-up. John further stated he and Lynr Day had completed tests of the water main from wells and that information had been forwarded to the engineers. The meeting was adjourned at 11:45 P.M. z can McDouga , Mayo ATTEST. R. W. Unger,/Recorder, May 20, 1975 A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 8:00 P.M. on the above date. In attendance were Councilmen Bonser, Hammer, Jacobs and Peterson, Attorney Puggeri, Engineer Keogh and Deputy Recorder, Judy Marshall. Also in attendance for a portion of +he meeting was Chief of Police, Dalton. Citizens Tom Nielson, Michelle Cook and Jim Walker were also present. Councilman Nightingale was absent. Jim Walker had been asked to attend the Council meeting to repre- sent the Irrigation Board to answer questions in regard to the sinking of the curb and the street at 1st East and 1st South. Mr. Walker stated he felt the problem was caused by drainage from yards in the vicinity and from the roadway behind the Moab Laundry which had washed a trench around the box and that the weight of the box was then forced downward. Mr. Walker invited the Councilmen to personally inspect the area to observe the trench cut by the drainage water. As it was beginning to rain, Mayor McDougald asked Councilman Harmer to accompany Mr. Walker to the site for a visual inspection. Councilman Hammer verified the presence of the trench cut by drainage water but concluded with the other Councilmen that it would be impossible to ascertain whether or not the problem was caused from improper drainage, as alleged by Mr. Walker, or from a leak from the irrigation pipe which may be undermining the box, without digging up the area. Councilman Jacobs stated that hopefully within a day or two the 127 Resolution 3-75, flood control Sales Tax 0rdin_ ance, No. 5-75 Bills approved BLM District Office City team con- tribution Vacant lots in subdivisions #5 well Adjournment Regular meeting Attendance Sinking curb & street, 1st E. & 1st South g28 Zoning Ordinance Amendment, 6-75, passed Dave Stewart hir Swimming pool Swim pool salarie Minutes approved with correction Art Guild use of City Park City could dig up the area with a backhoe and determine at that time the cause of the problem and responsibility for the repair. Mayor McDougald called attention to the proposed Zoning Ordi- nance Amendment and also to a letter submitted by David W. Allen, representing the Moab City Planning Commission, in support of the proposed Ordinance Amendment. Attorney Ruggeri stated his agreement with the legal aspects of the proposed Ordinance. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, that the City accept the proposed Zoning Ordinance Amendment 27-4-3 and 27-16-3. Councilman Hammer announced that David Stewart had been hired by the City a couple of weeks ago to do maintenance work at the Visitor's Center and also at the City parks and is very pleased with his work. Councilman Jacobs pointed out that the swimming pool was in deplorable condition and the opening date was fast approaching. He stated among other things that the tile was loose on the sides of the pool. Councilman Bonser recommended the May's Pool Co. from Salt Lake City do the tile repair work and stated that the problem could be eliminated in the future by caulking around the tiles each fall. He also stated it would be necessary to have the pool be acid washed. Councilman Hammer recommended that inasmuch as the salaries of the swimming pool employees were so low, ranging from $1.75 to $2.00 per hour, that a 10% increase was warranted for the next fis- cal year. The Council was in agreement with the proposal. He also pointed out that a swimming pool manager was being sought for employ- ment at a salary of approximately $550.00 per month. The minutes of the regular Council meeting of May 6, 1975 were approved with the correction that Mr. Tom Nelson, as stated, be changed to read Tom Nielson. Mayor McDougald directed that a letter be submitted to the Art Guild in care of Dottie Swasey to the effect that in the future they are to obtain the proper clearance to use the City Park for public functions. The Council stated they had no objection to their using the park if the proper permission were obtained and if the park were cleaned afterward and cars were prohibited from driving on the grass. The Council was concerned about the number of cars which were parked on the lawn during their last function. Woody's Tavern Mayor McDougald read a letter to the Council written by Chief license suspended of Police, Dalton stating the Police Department had been having diffi- culty getting Woody's Tavern to comply with the closing law. Mayor McDougald recommended Woody's license to operate the bar be revoked for ten days, effective May 21, 1975. Councilman Hammer put the above recommendation into the form of a motion, which was seconded by Councilman Peterson, and carried. The Mayor stated it was his feeling a suspension should be invoked immediately upon a determina- tion of a violation of the license requirements by the Judge and asked Chief Dalton to inform the Council immediately any time he was aware of a tavern violation. Special Council meeting called Teeples to attend training Training require- ment for auxiliary police Spraying of trees Mayor McDougald requested a special council meeting be called for Tuesday, May 27, at 7:30 P.M. in the Council Chambers for the purpose of working on the budget. Chief Dalton informed the Council Officer Valdon Teeples would be attending the Basic Peace Officer's Training School this summer. Mayor McDougald informed Chief Dalton as well as the Council the Utah League of Cities and Towns is going to help fight the new requirements that auxiliary police officers be trained as regular police officers. Chief Dalton informed the Council that at the present time Officer Nyland was the only auxiliary police officer who could meet the requirement. Councilman Peterson asked if the City were going to spray the trees for tent caterpillars this year as had been done last year and was informed the spraying had been started and was being continued. Mayor McDougald asked Councilman Hammer to check with Willis Hansen regarding the correct timing for the spraying, and he agreed to do so the following day. 129 Councilman Peterson informed the Council of the progress being made regarding arrangements for this year's Butch Cassidy Days celebra- tion and also explained some of his expectations for activities to be used next year in conjunction with the Bi-Centennial Committee for the rodeo and Butch Cassidy Days celebration. Councilman Peterson also inquired whether or not the fire hydrants requested had been received and was informed by Councilman Jacobs they were on order but had not been received. Councilman Peterson also inquired whether there was any money left in the original budget for the landscaping of the Visitor's Center which could still be used for that purpose. He was informed it was doubtful but the original budget would be researched and he would be informed of the outcome. Butch Cassidy Days Fire hydrants Visitor's Center Discussion was held regarding a possible motor bike route to be Motor bike route used by unlicensed and underage riders to reach an area designated for riding of the bikes. Because he felt finding a suitable route was doubt- ful because of complaints from citizens regarding dust and noise caused by the bikes, Councilman Jacobs proposed the possibility be considered of having a trailer built to transport the bikes to a designated area, possibly transported by parents on a volunteer basis. The possibility was to be considered further, with particular attention to the question of insurance requirements to transport the trailer and also in regard to CO '' the City's responsibility, if any, in such a project. p Engineer Keogh informed the Council that in attempting to deter- Mill Creek Drive V mine an easement or right-of-way for the new bridge which has been pro- bridge posed on Mi11 Creek Drive the proposed route was found to involve private property, so the State has decided to realign it, which they planned to do during the coming week. Also, he reported that so far preliminary investigation had shown the cattle corralled near Mountain View Subdi- vision to be just off City property. He reported an exact determination would be very time consuming and quite costly. It was Mayor McDougald's feeling that either way the cattle were a health hazard and requested Cecil Shaffer be informed to request a determination from Jim Curry regarding this. Mr. Keogh informed the Mayor the corral was approximatel 500 feet from residences in the area. Councilman Jacobs informed the Council a request had been made by Holiday Haven the owner of Holiday Haven Trailer Park.to rent City equipment and to employ City personnel for the purpose of patching the Streets within the park. Following considerable discussion, it was the feeling of the Coun- cil the project could either be handled on a cost estimate basis with the City charging for the cost of the work or by renting the equipment to the trailer park if City employees were willing to operate the equipment and to do the work after regular hours and on weekends for an overtime salary to be paid by Holiday Haven. Councilman Jacobs was to discuss the proje further with the owner of the trailer park. Engineer Keogh informed the Council of the possibility of obtain- Flood control ing twice as much funds from the Four Corners Regional District for flood control check dams. The possibility is to be pursued. Engineer Keogh informed the Council there is a dc.. per on the :•'ater from Corbin flat on the Corbin Ranch. A well has been dug on the flat, and the de- Ranch well for veloper was interested to know if the City may be interested in purchas- sale inq a portion of the water. The Council was in agreement that the proje i should be investigated but that a price for any well water purchased should be based on the volume produced during peak draw -down during July rather than projected on a curve basis. Mayor McDougald reported that he had attended the Board of Direct- Utah League meet- or's meeting for the Utah League of Cities and Towns in Salt Lake City on ing report May 19, 1975. He noted that the League was working diligently to fight the training requirement for auxiliary policemen. He also noted that information supplied to them regarding salaries for judges and legal services of communities of comparable size showed that Moab was paying under the scale of many communities. He also stated that the State Tax Commission has agreed to settle on 2% collections until July of 1976 but after that time it will be prorated on the total amount. Harold Jacobs made a motion the bills be approved for payment. The motion was seconded by Councilman Peterson and carried. Bills approved - 30 Adjournment By unanimous agreement, the meeting was adjourned at 10:30 P.M. Special meeting Attendance Public hearing, Zoning Ordinance Amendment, 6-75 approved Ordinance 6-75 Wm. Dean McDougald, Mayor ATTEST: / R. W. Unger, Recorder June 2, 1975 A special meeting of the Moab City Council was called to order in the Council Chambers at 8:00 P.M. by Councilman Harold Jacobs in the absence of Mayor Wm. Dean McDougald. In attendance were Councilmen Bonser, Hammer, Nightingale and Peterson, Attorney Ruggeri and Deputy Recorder, Judy Marshall. Also in attendance for a portion of the meeting were David W. Allen and James S. Ellis. The special council meeting was called as a public hearing of Zoning Ordinance Amendment, 6-75. No citizens were present in protest of the proposed amendment. The amendment will stand as accepted at a regular meeting of the Moab City Council on May 20, 1975. The amendment is as follows: ORDINANCE 6-75 AN ORDINANCE AMENDING CHAPTER 27, MOAB CITY CODE 1965 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: That Section 02.0703, Chapter 27 Moab City Code 1965 be, and the same is, hereby amended to read as follows. "02.0703 NON -CONFORMING LOTS OF RECORD Even though a lot fails to meet the area or width requirements for one -family dwellings within a zone, a one -family dwelling may be permitted on such a lot iri any zone in which dwellings are permitted, provided the lot was on record in the office of the County Recorder at the time of the passage of this Ordinance and the Subdivision in which it is located has had substantial development. Where two (2) or more contiguous lots of record are owned by the same person in a•sub- division approved after January 1, 1°'E the land included in the lots shall be considered to be an undivided parcel, and after January 1, 1975, no portion of such parcel shall be used as a dwelling site or sold which does not meet the area and width requirements of the zone in which the lot is located. Yard dimensions and other requirements not involving area or width shall conform to the regulations of the zone in which the lot is located except when granted a variance by the Board of Adjustments." That Section 02.0954.03, Chapter 27, Moab City Code 1965, be, and the same is, hereby amended to read as follows: "02.0954.03 Area Requirements "An area of not less than nine thousand (9,000) square feet shall be provided and maintained for each one -family dwelling and uses necessary thereto. For two-family dwellings, child day care centers, and foster family care homes, the 131 building site shall contain at least ten thousand (10,000) square feet. An area of not less than five (5) acres shall be provided and maintained for each planned unit de- velopment except that there shall be no area re- quirements for additions to an approved planned unit development. An area of not less than two (2) acres shall be provided and maintained for each main church building." This Ordinance shall become effective twenty (20) days after publication. Passed by a unanimous vote of all members of the City Council of Moab City, Utah, present the 20th day of May, A.D., 1975. ATTEST: Cf; MJames Ellis, representing Independent Lumber Company of Grand Q Junction, Colorado, presented a plat and stated he wished to continue V selling lots in Walker Subdivision to contractors if the new amendmeT.. U would permit building. It was the feeling of the Council, Attorney Ruggeri and Planning Commission Chairman, David W. Allen, this amendment would permit continued building. David W. Allen pointed out it would also be necessary to delete the expired subdivision completion date from the plats. Jerry Bonser made the motion Attorney Ruggeri prepare a resolution for Council appro- val of Plat E of Walker Subdivision, lots 2, 4, 6, 8, 10, 12, 14, and 16 of Block B and lots 1 through 6 of Block A and have the expired subdivi- sion completion date omitted from Plats A, B, C, D and E. The motion was seconded by Councilman Nightingale and carried. A copy of the resolution is to be mailed to Mr. Ellis in Grand Junction. APPROVED: /s/ Wm. Dean McDougald, Mayor /s/ R.•W. Unger, City Recorder Councilman Jacobs pointed out the roof on the Swim Center is in very bad condition and desires the work to be completed before the pool opens the following week. He had obtained a bid from Rholand D. Murphy Contractor of Moab and stated he would also contact B & Z Roofing Company to obtain another bid. The meeting was adjourned at 8:45 P.M. ATTEST: R. W. Unger, Reorder June 3, 1975 A regular meeting of the Moab City Council was called to order by Councilman Harold Jacobs, in the absence of Mayor McDougald, at 7:35 P.M. in the Council Chambers on the above date. In attendance were Mayor Wm. Dean McDougald (late), Councilmen Bonser, Hamner, Jacobs, Nightingale and Peterson, Engineer Keogh, Street and Water Superintendent Day and Deputy Recorder, Judy Marshall. Police Chief Dalton, City Accountant Ronald L. Auger, and James O'Rafferty were in attendance for a portion of the meeting. Councilman Bonser made a motion, seconded by Councilman Peterson and carried, to adopt the minutes of the regular meeting held on May 20, 1975 and the minutes of the special meeting held on June 2, 1975 as sub- mitted. Plats presented Expired subdivi- sion completion dates to be dele- ted by resolution Swim Center roof Adjournment Regular meeting Attendance Minutes approved 132 Beer license granted to Silver Dollar Swim Pool fees Murphy bid accept ed to reroof Swim Center Increase in sani- tation fees re- quested Reimbursement for covered wagon expenses Copies of propos budgets presented Harold Jacobs' salary increased Water Depa, _iient employee policy Rosetree Lane sig requested Adjournment The application for a beer license submitted by James O'Rafferty, dba. Silver Dollar, was presented. A check for $360.00 accompanied the application. Councilman Jacobs stated police investigation had been completed and clearance given by Chief Dalton. Councilman Hammer made the motion, seconded by Councilman Bonser and carried, to accept the license application. Mr. O'Rafferty stated Chief Dalton had explained the closing nour regulation, and he agreed to comply with all license requirements. The fee for the swimming lessons to be given at the Swim Center was discussed. Councilman Bonser made a motion, seconded by Councilman Nightingale and carried, for Councilman Hammer to meet with Swim Pool Manager, Mary Martin, and set the rate at his own discretion. Councilman Jacobs noted the bid obtained from B & Z Roof- ing Co. to reroof the Moab Swim Center was considerably higher than the one obtained from Rholand Murphy. The councilmen voiced approval to have Mr. Murphy begin the work as soon as possible. Robert E. Hawks, dba. Bob's Sanitation, provided each Councilman with a copy of a letter requesting the minimum fee for garbage collection per residential unit be increased from $3.50 to $3.85 and the minimum fee per commercial unit be increased from $5.50 to $6.00, representing a 10% and 9% increase respectively. The requested increase would become effective July 1, 1975. The reasons given for the increase were rising fuel costs, proposed increase to the City for billing and to allow a cost of living wage increase for his employees. Councilman Peter=,.i stated he would like to see documentation to justify the increase. Mr. Hawks agreed to present an itemized statement to the Council within two weeks. Councilman Bonser suggested to Mr. Hawks the $15.00 increase to the City be eliminated and a clause added to the contract to allow the rates to be reviewed by the Council every six months. Mr. Hawks was in agreement with these sug- gestions. Councilman Peterson requested he be reimbursed from his budget $100.00 for expenses incurred on the covered wagon to be used in the parade. Councilman Bonser made the motion, seconded by Councilman Hammer and carried, to approve the expenditure. Ronald Auger provided the Councilmen with copies of a pro- posed General Fund operating budget as well as Revenue Sharing and Water -Sewer Utility budgets for the fiscal year ending June 30, 1976. Mayor McDougald entered the meeting and lead a detailed discussion of these proposed budgets. Revisions were made where needed. Mayor McDougald recommended Harold Jacobs' salary be increased retroactive to May 15, when he started working full time due to the illness of Dick Unger. Councilman Nightingale made the motion that until the status of Dick Unger's health can be deter- mined Harold Jacobs' salary be increased to $600.00, retroactive to May 15, to be reduced to $200 when Mr. Jaroh< begins receiving Social Security. The motion was seconded by Councilman Hammer and carried. Councilman Jacobs pointed out one of the employees in the Water Department has installed a meter the previous Saturday to provide water to a newly -constructed home. Mayor McDougald directed Water Department employees be informed not to install a meter or to turn on water on a weekend without written per- mission. Mayor McDougald directed Councilman Jacobs to see the safe in the City Office is locked every night. The Mayor stated he had received a request for a sign to be placed identifying Rosetree Lane. The Council was in agreement. The meeting was adjourned at 9:55 P.M. ATTEST: m. Dean McDoug 1., Mayo J�fdy L. Marshall, Deputy Recorder June 17, 1975 133 C� Tr' M A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 7:45 P.M. on the above date. The meeting was also designated as a public hearing of the Moab City Budget for the fiscal year ending June 30, 1976. In attendance were Mayor Wm. Dean McDougald, Councilmen Bonser, Hammer, Jacobs and Nightingale, Engineer Keogh, Street and Water Super- intendent Day and Deputy Recorder Judy Marshall. Councilman Peterson and Attorney Ruggeri were not present. City Accountants E. J. Claus and Ronald L. Auger were in attendance for a portion of the meeting. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to adopt the minutes of the June 3, 1975 meeting as sub- mitted. Councilman Jacobs stated the No. 6 well pumphouse needs to be reroofed as well as the roof on the restrooms at the Old City Park. Rholand Murphy estimated the cost of roofing both buildings at $285.00 with a 2-year guarantee and $185.00 to do the necessary patching but with no guarantee. The Council suggested to Councilman Jacobs to have Mr. Murphy do the work for $185 with no guarantee. Councilman Jacobs stated the Explorer and Laurel groups of the 4th Ward want to use the Old City Park for two to three hours on June 26 for a dance, but would use no amplifier. The Council was in agreement with this. Councilman Jacobs also informed the Council Mr. Robert Dalton had requested to use the City Park for a church -affiliated function on July 24 and understood no vehicles were to be driven on the grass. The Council agreed this was permissible. Councilman Jacobs pointed out the bill for reroofing the Swim Center exceeded the estimate by $250 because the machinery shed also required some repair and reroofing. Robert Hawks presented each Councilman with the documentation requested at the Council Meeting June 3 to substantiate his request to raise the minimum garbage collection fee per residential unit from $3.50 to $3.85 and the minimum fee per commercial unit from $5.50 to $6.00 to become effective July 1, 1975. Mr. Hawks estimated his total increase to be $432.50 per month, a 10% increase, and his anticipated expenses to be over 20%. Councilman Bonser made the motion Mr. Hawks' request to increase rates be granted, effective July 1, 1975, in addition to a six- month option for review of his rates by the City Council. The motion was seconded by Councilman Hammer and carried. Mayor McDougald informed the Councilmen of a luncheon -meeting on June 23, 1975 at 12:00 at the Golden Spike to discuss the Corbin well. The Budget Hearing was called to order by Mayor McDougald at 8:05 P.M. Councilman Nightingale introduced Ronald Auger, who read and explained the proposed General Fund and Revenue Sharing budgets. Copies were circulated to citizens. Each department's budget was discussed in detail. Total budgeted revenue was $490,408.00 for General Fund. BudgeteJ Revenue Sharing totaled $111,000.00. Budgeted expenditures totaled $508,804.00 The 1975-76 budget was increased 24%, and revenue was projected to be increased 26% over the 1974-75 budget. Mayor McDougald pointed out that if the Mill Creek Bridge is built it would be necessary to decrease the amounts budgeted in Revenue Sharing to pay for the bridge. The Councilmen agreed the $12,000.00 budgeted for the Fire District should be allowed, but Mayor McDougald asked that no more than 60% of the amount budgeted in all other depart- ments be spent until a determination is made on the bridge. The Council- men were in agreement. Councilman Nightingale recommended the proposed budgets be adopted Councilman Bonser made the motion, seconded by Councilman Hammer and carried, that the Moab City Budgets be adopted as presented. Mr. Claus pointed out it was necessary to amend the 1974-75 budget by $30,976.00 and explained in detail the necessary increases. Council- man Jacobs made the motion, seconded by Councilman Hammer and carried, that the Moab City budgets be amended as presented. The accountants Regular meeting Attendance Minutes approved No. 6 well pump - house roof. Old City Park rest - room roof Church groups to hold dance June 26 at Old City Park City Park used July 24 for celebration Machinery shed at Swim Center re - roofed, exceeding bid Minimum garbage collection fees to be increased. 6-month option tol review rates by Council Corbin well Budget Hearing Mill Creek Bridge Revenue Sharing Proposed budgets adopted 1974-75 budget amended 134 were instructed to amend the budget as described and to notify the State Auditor. No. 6 well pump Bills approved Adjournment Regular meeting Attendance Minutes approved Swim meet Swim passes for City employees Moab Report Animal control Yellow curbs, parking CAP Councilman Jacobs stated the pump on No. 6 well quit the previous Saturday and again on Sunday presenting a temporary prob- lem. He explained the pump had quit over a period of years and had been checked by numerous electricians, none of whom had located the problem. The Councilmen suggested Cordray Electric be asked to evaluate the motor. Councilman Nightingale made the motion the bills be paid. The motion was seconded by Councilman Bonser and carried. At 9:30 P.M., Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, for adjournment. ATTEST: Wm. Dean McDougald, Ma or yl,w-idee/ udy arshall, Deputy Recorder July 1, 1975 A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 7:45 P.M. on the above date. In attendance were Mayor Wm. Dean McDougald and Councilmen Bonser, Hammer, Jacobs, Peterson (late), Nightingale and Attorney Ruggeri (late). Also in attendance were Engineer Keogh, Street and Water Superintendent Day and Deputy Recorder Judy Marshall. Councilman Nightingale made the motion the minutes of the regular Council meeting of June 17, 1975 be accepted as submitted. The motion was seconded by Councilman Bonser and carried. Council- man Peterson entered the meeting. Councilman Jacobs stated Swim Center Manager, Mary Martin, had requested $25.00 to be spent for prize ribbons to be used for the July 4 swim meet. She has also suggested free swimming be allowed to the public for about two hours following the meet. The Councilmen were in agreement with this. Attorney Ruggeri entered the meeting. Mayor McDougald stated he had had an inquiry from a City employee regarding the possibility of free swim passes for City employees and their immediate families. The majority of the Councilmen agreed previous experience following 1-64s policy had evidenced some problems and were not in favor of its continuance. Councilman Nightingale stated he was scheduled to be on Moab Report on July 3 and would be out of town on that date. Councilman Hammer agreed to trade scheduled dates. The Councilmen agreed there were too many dogs running loose and that the leash law must be more strictly enforced. It was pointed out that the dog catcher would be on vacation for the following two weeks but that more strict enforcement must be implemented upon his return. In the meantime, the City Police are to handle all emergency situations. Councilman Jacobs pointed out he had had complaints that many citizens were illegally parking in front of yellow curbs. The City Police are to be instructed to enforce this law. Councilman Bonser stated he would be out of town the following day and would be unable to attend the CAP meeting. Councilman Jacobs agreed to attend the meeting. 135 The Councilmen agreed the existing exhaust noise ordinance must also be more strictly enforced. Councilman Bonser agreed to authorize additional cars when necessary to control the problem. Councilman Jacobs reported on the present status of the Title X flood control grant. He pointed out there is a possibility of obtaining an additional $75,000.00 to bring the total funds available to $300,000.00 75% of which is to be spent for labor and 25% for materials and equipment. He stated Chris Jouflas from the Southeastern Utah Association of Govern- ments and an engineer from Salt Lake City were scheduled to meet with him on Thursday, July 3, to complete the application for the grant. Councilman Jacobs reported he and Robert Hawks had traveled to Alamosa, Colorado to observe their garbage shredding operation. He described the end product as shredded bits which were slightly moist and completely odorless. Chemicals had been added to kill bacteria in the garbage. Councilman Hammer, on behalf of the Grand County Fire District, expressed appreciation for the equipment they are purchasing with their Revenue Sharing appropriation. Councilman Hammer also expressed his desire to obtain bids for a double tennis court to be located at the City Park. Some discussion was held, but no decisions were made. Engineer Keogh stated he had requested a development log on 5e test made by Rhodes on No. 9 well but had not received a copy. He requested Mayor McDougald write a letter requesting it and was informed this would be done. Councilman Hammer stated the Moab Volunteer Fire Department had been invited to Blanding for a water fight contest. The Contest was to be judged by Blanding City officials. Blanding Fire Department and the Green River Fire Departments have been invited to come to Moab on July 26 for a rematch in conjunction with Moab's Water Carnival. Councilman Hammer requested two Moab City officials to judge the contest. Councilman Nightingale recommended the bills be paid. Councilman Bonser made the motion, seconded by Councilman Hammer and carried, to pay the bills. Councilman Peterson stated he had heard some criticism by local merchants of outside merchants coming into Moab for a one or two-day sale but was informed that as long as they purchased a business license they were operating legally. Attorney Ruggeri recommended they supply their State Sales Tax number before a business license is issued. Councilman Bonser made the motion for adjournment at 9:50 P.M. The motion was seconded by Councilman Nightingale and carried. m. Dean McDougald, Ma or ATTEST: Judy . y, shal , ►eputy Recorder July 15, 1975 A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 7:50 P.M. on the above date. In attendance were Mayor Wm. Dean McDougald and Councilmen Bonser, Hammer, Nightingale and Peterson. Councilman Jacobs was absent. Also present were Attorney Ruggeri, Street and Water Superintendent Day and Deputy Recorder Judy Marshall. In attendance for a portion of the meeting were Gwen Smith, Andy Steen and Jim West. Noisy exhaust Title X, flood control Garbage shredding Fire District Tennis court Development log, #9 well Fire Department, water fight Bills approved Outside merchants Adjournment Regular meeting Attendance 136 4-H Club Andy Steen, steakhouse, employees under 21 Youth Work Experi ence Program Irrigation ditch overflowed Irrigation Dis- trict Contribution to July 24 celebra- tion CAP Restrooms, City parks; Cattle in parks 2-way radios for City Shop Gwen Smith, representing Grand County 4-H, informed the Council there will be 4-H Club exhibits at the Southeast Elemen- tary School on August llth and 12th. These exhibits are also to be displayed in the store windows of the Moab City merchants on August 13th through the 15th. Miss Smith asked the Mayor to declare the week of August llth through the 15th as 4-H Week. Andy Steen informed the Councilmen he has converted his beer tavern into a steak house and lounge. He requested permis- sion to hire employees under the age of 21 as bus boys and wait- resses to serve food only and not to handle any alcoholic beverages. He stated he has a Class I Beer License and will continue to serve beer. The Councilmen were in agreement that hiring employees under the age of 21 to handle food only is permissible and that no further licenses are required. Jim West, Director of the Summer Youth Work Experience Pro- gram, informed the Councilmen of the projects completed by the employees this summer at the City Park, Old City Park and the Visitor's Center. He explained the funding is through Title III and that the youth work 28 hours per week. Mr. West requested permission for them to paint the yellow curbs in the City. The Councilmen agreed this is a worthwhile project and are willing to furnish the necessary supplies. Councilman Bonser agreed to arrange the details of the project with Lynn Day. Other projects were also suggested by the Mayor and the Councilmen. Councilman Peterson stated the previous Tuesday morning `: had awakened to find water and about a foot of mud covering his back yard caused by the irrigation ditch bank giving way behind his home. He further stated he had contacted Mr. Walker of the Moab Irrigation District who claimed the Irrigation District bore no responsibility for damage or cleanup. It was also pointed out there had been considerable damage to the back yard of the Visitor's Center the same night. Because of the increasing problem with the ditches causing land shift, etc. considerable discussion was held investigating the possibility of Moab City purchasing the shares and diverting the water to the City water system. Mayor McDougald stated Bishop Burton of the Moab L.D.S. 1st Ward had petitioned the City for $200.00 to help defray the cost of the celebration. Mayor McDougald further stated that since July 24th is a state holiday he felt the City should con- tribute that amount from Councilman Peterson's Community Affairs budget. Councilman Peterson requested further information as to exactly how the money would be spent. The Deputy Recorder was instructed to contact Bishop Burton and to report to Councilman Peterson before making the contribution. Councilman Bonser reported he had missed the last two CAP Advisory Board meetings but understood Grand County would be allotted approximately $18.000.00. The CAP officials stated they would continue to administrate the funds from the Price office and that the local CAP Advisory Board would function only in an advisory capacity. The Councilmen stated they felt the proper coura, of action is to opt out of the program entirely. Lynn Day pointed out that almost every evening the stools in the restrooms at the City Park were being plugged with grass clippings and gravel. This had also occurred•at the Visitor's Center to a lesser degree. The Councilmen agreed the restrooms should be locked at night. Mr. Day also pointed out Ray Shumway's cattle had been running loose and had been getting into the Old City Park and the Golf Course. Councilman Nightingale agreed to call him to see if a solution could be worked out. The need for two-way radios in the Street and Water Depart- ment was discussed. Councilman Peterson made the motion, seconded by Councilman Hammer and carried, that the City purchase two mobile units and one base station from Revenue Sharing funds. Bills approved Councilman Nightingale made the motion the bills be paid. The motion was seconded by Councilman Bonser and carried. 137 Councilman Hammer reported progress is being made toward establish ing a motorcycle riding area above the City dump. BLM had given per- mission to use the land, and the County agreed to donate a caterpillar to prepare the site. By mutual agreement, the meeting was adjourned at 11:00 P.M. McDougald, Mayor ATTEST: Judrsha 1 Deputy Recor der August 5, 1975 A regular meeting of the Moab City Council was called to order on the above date at 7:45 P.M. in the Council Chambers by Mayor Wm. Dean C7 McDougald. C' M In attendance were Councilmen Jacobs, Bonser and Peterson, Attorney = Ruggeri, Engineer Keogh and Recorder Unger. Councilman Peterson arrived U at 7:55 P.M. and Attorney Ruggeri at 8:15 P.M. Councilmen Nightingale and V Hammer were absent. By request, L. H. Woodward appeared to answer questions and to dis- cuss the use of a drive -up window to dispense beer. Mr. Woodward stated that the use of the window represented about one-half of his total business. He also stated that it was not unusual for an adult to drive up with a number of underage persons and purchase beer, further that he always checked a customer's driver's license for certification of age before making a sale. The Council pointed out that the police felt monitoring this type of business was more difficult than when a person was required to enter the building to make a purchase. With assurance by Mr. Woodward that he would continue vigilance in checking identifica- tion for age and due to the volume of business involved, the Council agreed to permit continuation of the practice, but would take appropriate action if violations were reported by the police. A general discussion was held -concerning sources of alcoholic beverages for juveniles. Councilman Bonser made a motion, seconded by Councilman Peterson, to adopt the minutes of the regular meeting of July 15, 1975 as presented. The motion carried. Councilman Jacobs opened a discussion concerning a letter from Mary Martin requesting additional pay of $2.75 per hour for the time she was instructing a swimming lesson session. Mr. Jacobs stated that he felt the earlier presentation of the letter had been misunderstood. He had interviewed a number of mothers at random concerning the program and received very favorable reports. He also cited the pool income compared with expenses. The Council agreed to pay for instructional time and requested Mr. Jacobs to attempt to keep the pool open for general swimming on weekends through September. Letters from Jim Walker, representing the Moab Irrigation Co., pertaining to trees in a ditch on 5th West near Park Drive were reviewed and discussed. Councilman, Peterson made a motion, seconded by Councilman Bonser, that the City do no work in this regard. The motion carried. It was decided that Councilman Jacobs and Recorder Unger should attend the Utah League of Cities and Towns' annual meeting in Salt Lake City on September 4-5-6, 1975. Resolution 4-75 approving the City budget for fiscal year 1975-76 was adopted by the Council on a motion made by Councilman Peterson, seconded by Councilman Jacobs, and carried. RESOLUTION 4-75 WHEREAS, the Statutes of the State of Utah relating to the adoption of municipal budgets provide that the City budget will be adopted by resolution; and Motorcycle riding area above dump Adjournment Regular meeting Attendance Sale of beer, Woody's Bar Minutes approved Mary Martin's salary Trees in ditch on 5th West Utah League Convention Resolution 4-75 138 Resolution 4-75 (continued) Resolution 5-75 Resolution 6-75 WHEREAS, the minutes of the City Council meeting of June 17, 1975 show the adoption of the budget by motion rather than by resolution; and WHEREAS, the Mayor and City Council have deter- mined that the minutes of the meeting of June 17, 1975 shall be amended to comply with the State laws relating to the adoption of budgets. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting of the City Council held June 17, 1975, be, and the same are, hereby amended to show the adoption of the budget by resolution rather than by motion. BE IT FURTHER RESOLVED, that the budget for the fiscal year commencing July 1, 1975 and ending June 30, 1976, be, and the same is, hereby ordered adopted as presented to the Mayor and City Council at the meeting held June 17, 1975. Resolution 5-75 amending the City budget for fiscal year 1975- 1976 was adopted by the Council on a motion made by Councilman Peter- son, seconded by Councilman Jacobs, and carried. RESOLUTION 5-75 WHEREAS, the Mayor and City Council of the City of Moab adopted an amended budget at their meeting held June 17, 1975 for the fiscal year July 1, 1974 - June 30, 1975, by motion rather than by resolution; and WHEREAS, the Statutes of the State of Utah relat- ing to the adoption of municipal budgets provide that City budgets will be adopted by resolution; and WHEREAS, the Mayor and City Council have deter- mined that the minutes of the meeting of June 17, 1975, should be amended to comply with the State laws relat- ing to the adoption and amendments of budgets NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting of the City Council held June 17, 1975, be, and the same are, hereby amended to show the adoption of the budget by resolution rather than by motion BE IT FURTHER RESOLVED, that the amended budget for the fiscal year July 1, 1974 - June 30, 1975, be, and the same is, hereby ordered adopted as presented to the Mayor and City Council at the meeting held June 17, 1975. Resolution 6-75 setting the City mill levy for fiscal year 1975-76 was adopted by the Council on a motion made by Councilman Jacobs, seconded by Councilman Bonser, and carried. RESOLUTION 6-75 WHEREAS, the Mayor and City Council of Moab by resolution adopted a budget at their meeting held June 17, 1975, for the fiscal year July 1, 1975 - June 30, 1976; and WHEREAS, based upon the best information available to the City Council at this time, it appears that suffi- cient tax revenue from property taxes can be generated by a levy of 18.63 mills for the General Fund and 0.87 mill for the Special Improvement District, NOW, THEREFORE, BE IT RESOLVED, that the mill levy be, and the same is, hereby reduced from 23 mills for the General Fund to 18.63 mills and the levy for the Special Improvement District from 1 mill to 0.87 mill. Dave Munden, representing the Credit Bureau of Moab, appeared before the Council requesting a tabulation of water connections and disconnections. The Council was reticent to release sbch information. 39 The gathering of this information would place an additional burden on the office staff. Mr. Munden indicated willingness to pay a fee on a per -name basis, with no specific amount being meni.ioned. He also asked if his staff could search the information in the City office. This latter request was denied. The problem was taken under advisement to be investigated further. The Council agreed to allow payment of one half of Engineer Keogh's expense for a trip to Park City to attend a meeting of Civil Engineers. The amount was to be included with the bills. Grand County is paying the other half of this expense. Lynn Day, Street and Water Superintendent, advised the Council that Ron Pierce had requested relocation, to a lower depth, of water meters and asked for help to divert irrigation water to his property. A discussion was held concerning the possible acquisition by the City of additional water or water rights. Councilman Peterson made a motion, seconded by Councilman Bonser and carried, to pay the bills as submitted. Councilman Bonser noted quotations he had received for a police car covering 1975 and 1976 models. After some discussion, it was decided to advertise for bids on a 1976 model vehicle. Councilman Jacobs opened a discussion on the parking situation at the Hitching Post. The Recorder reported that a "No Parking" sign nu3 on order to be used with the yellow stripe painted on West Center Street and when available the operators would again be instructed to construct a barricade near the street so there would not be room for partial on - off street parking. Councilman Jacobs also reported that Dan Welch was doing welding work at a property on Moenkopi and that there was excessive illegal park ing of trucks at the location. He stated this was in Emerald Subdivi- sion. He imparted information furnished by David Allen concerning the Shrine Convention on September 5, with the City Park to be used Saturday and Sunday mornings for breakfast and as a formation point for a Saturda, parade. It was pointed out that some people are not using the restrooms in the parks and that others are vandalizing them. Councilman Peterson expressed appreciation for the newly-installe fire hydrant across the street from his place of business. The Mayor announced the need for housing to accommodate twenty five BLM families. The meeting was adjourned at 11:05 P.M. Wm. lean McDougald ATTEST: W. Unaft4-01,/ R. gerRecorder August 19, 1975 A regular meeting of the Moab City Council was called to order in the Council Chambers at 7:35 P.M. on the above date by Mayor Wm. Dean McDougald. On a motion made by Councilman Jacobs, seconded by Councilman Hammer and passed, the minutes of the meeting of August 19, 1975 were approved. In attendance were Councilmen Nightingale, Jacobs, Hammer and Bonser, Engineer Keogh, Building Inspector Shaffer, Street and Water Superintendent Day and Recorder Unger. Councilman Peterson and Attorney Ruggeri were absent. Partial expense approved for Keogh to Engineer's meeting Request to lower water meters Bills approved Police car bids Parking at Hitch- ing Post Welding and illegal parking at residence Fire hydrant Additional housing needed Adjournment Regular meeting Minutes approved Attendance 140 Water and sewer connections to trailer Hitching Post Division of lot Caretaker position at Old City Park State Jaycee Con- vention McGill street Swim Center Dogs CAP Curb damage at corner of Park Road and Emerald Redividing lots al Park Road Bill Hines appeared before the Council requesting a water and sewer connection for a nonconforming trailer on his property. Permission was granted to apply for connections, with the agree- ment that the trailer would be removed on the death of the occupant. Mr. Louis Jones and Mrs. Frances Farmer appeared before the Council protesting activities outside the Hitching Post. The com- plaints related to obscent language, dust from the parking lot, and various nuisances and disturbances because of the establish- ment, supposedly resulting in devaluation of their adjacent properties. Councilman Jacobs noted illegal street parking and a complaint from Mr. Jones concerning the use of their property for parking. It was recommended that Mr. Jones post his own property regarding parking. Clinton Spinks, the operator of the Hitching Post, was to be called and to be interviewed by the Councilmen on August 20, 1975 at 11 A.M. to further discuss the problem. Dennis Morris, representing the Heritage Corporation, appeared before the Council to explain their proposed activities and to inquire about dividing a lot for the purpose of erecting two houses. As each resulting lot would conform to the zoning ordinance, the Council agreed to permit the division. Mr. Melvin Goode appeared before the Council to apply for the caretaker position at the Old City Park. He was asked to come to the office at 10:30 A.M., on August 20, 1975 to discuss the details with Councilmen Hammer and Jacobs. Bob Ames, representing the Jaycees, informed the Council that Moab is hosting the State Jaycee convention next May, prior to Memorial Day. He requested information concerning any permits which might be required. In reference to possible parades, he was instructed to clear them with the Chief of Police so proper traffic control could be arranged. It was further suggested that he work with Councilman Peterson for any additional City contact. The question of opening and improving McGill Street between MiVida Drive and 5th West was discussed. Councilman Jacobs recommended that Engineer Keogh determine the property owners facing the street so they could be contacted, advised of the needs and requirements as well as costs involved, then determine a course of action. Councilman Jacobs recommended a larger wading pool and refurbishing the main pool this fall after closing. It was agreed to keep the pool open afternoons and evenings through Labor Day. In reference to the dog problem, it was noted that repeated court citations may be necessary. Enforcement was to be referred to the Chief of Police for review. Councilman Bonser stated that a committee had been formed to formulate a program for the Community Action Program. The committee was to consist of Councilman Bonser, ChariP- Ing and Charles Pipkin. They recommended operating without any staff personnel so all money could be used for actual needs. The staff leadership in Price reported that this could not be done. The local committee then recommended opting out of CAP. Subsequently the Price office offered to accept the proposed program. The committee is meeting with the Grand County Commission on Thursdays August 21, 1975 for additional study. The Council agreed to support Councilman Bonser in getting out of the program as it has existed. A question was raised concerning a tree at the corner of Park Road and Emerald which is doing curb damage.' The tree appears to be on City property, although the adjacent property owner claims tree ownership. Councilman Jacobs and Street Super- intendent Day are to visit the owner and advise him of the necessity to remove the tree. If necessary, legal action would be taken through the City Attorney and Chief of Police. Bill Osborne had questioned the necessity for him to go before the Planning Commission in reference to redividing some lots facing Park Road. It was determined that since part of the division would involve rezoning a portion of the area it would be necessary to have a planning hearing. 141 CrJ d" 00 Ca U Street and Water supervisory pickups. U The meeting adjourned at 10:20 P.M. W ATTEST: R. W. Unger, Recorder Councilman Jacobs again mentioned old cars, some unlicensed, parked on the streets. Others were blocked up for repairs. Some of the Councilmen favor securing a decibel meter to check on motor bike and truck noise. Councilman Nightingale made a motion to approve the bills as sub- mitted. The motion was seconded by Councilman Hammer and carried. Questions arose concerning vending machine licensing. The Recorder was directed to consult with the City Attorney for answers. A request from the Church of St. Francis for the City to reimburse the cost of replacing a water pressure relief valve was denied by the Council. A request from a juvenile for permission to decorate fire hydrants for the bicentennial, which had been cleared by the Fire Chief, was authorized by the Council with the provision that a good quality paint be used and that the hydrants be restored to original color after the bicen- tennial. Councilman, Hammer asked about the status of the Mill Creek Drive Bridge project. Engineer Keogh advised that the State Highway Engineers had completed the route layout, and Engineer Keogh was engaged in secur- ing necessary rights -of -way. Councilman Hammer requested bids be secured on radios for City can cDoua , May September 2, 1975 A regular meeting of the Moab City Council was called to order in the Council Chambers at 7:30 P.M. on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Nightingale (late), Jacobs, Hammer, Peterson and Bonser (late), Engineer Keogh (late), Street and Water Super- intendent Day and Recorder Unger. Councilman Nightingale arrived at 7:35 P.M., Councilman Bonser at 7:40 P.M. and Engineer Keogh at 7:EC ".'1. Attorney Ruggeri was absent. Sergeant Rowley represented the City Police, and Judge Crist was in attendance to represent the City Court. On a mdtion made by Councilman Jacobs, seconded by Councilman Hammer and passed, the minutes of the meeting of August 19, 1975 were approved. A brief discussion was held concerning street approaches from the Day & Night Laundry, and it was decided to make repairs when materials are available. A request to the business office from the local Post Office to change the mailing date of water bills from the 1st of the month to the 25th of the month was discussed. The Council was in accord with the request if it posed no problems to the business office. A request would be made for an access doorway for box patrons to be made in the west side of the Post Office building to encourage the use of recently established parking facilities on that side of the building. Questions concerning the use and possible sale of nonconforming lot on McGill Boulevard were to be discussed with David W. Allen of the Plan- ning Commission. Old cars on street Decibel meter Bills approved Vending machine licensing Reimbursement of relief valve cost denied Fire hydrants to be decorated for bicentennial Mill Creek Drive Bridge Bids on 2-way radios Adjournment Regular meeting Attendance Minutes approved Approach to Day & Night Laundry Water bills Lots on McGill Blvd. J 4 , Bids on police car Bids for a new police car were opened. Peterson Ford bid $4,718.00, and Gaither Chevrolet -Pontiac bid $4,900.00. A guaranteed control of 6% increase in price was made by Peterson Ford. Peterson Ford bid accepted Credit card use by Policemen Juvenile and adult violations Activities for youth Parental responsi- bility Parental responsi- bility law Resolution re. air travel to Moab Resolution 7-75 On a motion made by Councilman Bonser, seconded by Council- man Nightingale and passed, the bid was awarded to Peterson Ford. Councilman Peterson abstained from voting. A purchase order was to be issued forthwith to accelerate delivery. A discussion ensued concerning the use of credit cards by Policemen for the purchase of unleaded gasoline at a service station. The officers were to be directed to note vehicle mileage reading on each credit card ticket. A citizens' group of 11 persons headed by James Hamilton engaged in a two-hour discussion concerning questions about what happens when an unlicensed operator of a motorcycle or automobile is apprehended by the Police. Can or do they impound the vehicle? What are court procedures in handling citations, particularly repeaters? Initially the discussion centered on youth but was later expanded to include all violators. Ron Taylor of radio station KURA entered the discussion and asked if the radio could be critical of citizen and law -enforcement activities, legally or to any community benefit. Mr. Hamilton cited violations he had observed and about which he had been made aware on August 31, 1975 which apparently had not been observed by the police. Sergeant Rowley presented copies of 221 citations issued during June, July and August of 1975 and stated this number was one-third greater than for the same time period during the previous year. Coach and Driver Education Instructor, Del Ford, stated that parents were aiding and abetting juvenile violations. Martin Hamaker, representing the Jaycees, stated that no activities are available for the 14 to 18 year age group and that they needed an outlet. Numerous supervised activities for this age group were cited by others, who stated that the youth would not partici- pate in supervised activities. Mr. Hamaker said the Jaycees wanted to sponsor an outdoor dance, possibly at the shooting range, to preclude noise complaints. He asked for City Police assistance in supervision but was advised that this was outside the City limits and the City Police could not participate. R. S. Higgins offered the opinion that most juvenile problems were parental responsibility. Councilman Peterson recommended that State Legislators be pressured to enact a parental responsibility law in addition to the present shoplifting regulation. A resolution was presented which had been passed by the County Commission to memorialize the Four Corners Commission to provide a limited and temporary subsidy for Sun Valley Key Airlines to continue suitable service for Moab. The resolution was adopted on a motion made by Councilman Peterson, seconded by councilman Hammer, and passed. The resoluWWWI reads as folluws: RESOLUTION WHEREAS: Sun Valley Key Airlines has indi- cated that it will suspend service to Moab, Utah on October 1, 1975 because of operating losses incurred during its trial year of operation in Moab, Utah under an authority transferred from Frontier Airlines under direction of the Civil Aeronautics Board AND, WHEREAS: despite the minor operation loss of Sun Valley Key, service to Moab, Utah by that airline has been excellent and well accepted AND, WHEREAS: there is now in process an effort aimed at getting Federal Certification and subsidy support from the Civil Aeronautics Board for third level carriers and in particular Sun Valley Key Airlines AND WHEREAS: these efforts should result in either positive or negative action well within a period of six (6) months from now, THEN THEREFORE: be it resolved that the CITY OF MOAB petitions the Four -Corners Regional Commision through the Honorable Calvin L. Rampton, Governor of Utah for interim financial support to make up actual operating losses for a period not to exceed six (6) months time beginning October 1, 1975 and not to exceed $15,000.00. Councilman Bonser reported that the local CAP Committee had met with the Grand County Commissioners in support of their signing a con- tract with CAP for use of an $11,000.00 annual budget, all to be used beneficially without provisions for a CAP staff. Roughly, the dis- tribution was to be $3,000.00 for the Headstart bus to be used on a limited basis for senior citizen cab service, $3,000.00 for a supervisor for juvenile court work assignments, $3,000.00 for salaries for the Recreation Board and $1,200.00 for supervision to install insulation in low-income homes. The County apparently has about $3,200.00 available with which to purchase insulating materials. It was noted that re- strictions on the use of CAP funds prevent purchasing of equipment or materials. di QCouncilman Jacobs reported the "No Parking" sign which was on V order had been received but not yet installed. Councilman Hammer raised a question on the perennial dog problem. Councilman Bonser stated that the Police Department must accept responsi- bility for dog ordinance enforcement. Councilman Hammer stated he had recently inspected the Hitching Post area and that no action had yet been taken to control parking. Councilman Hammer reported a tree in question on Emerald Street had been trimmed, apparently by the property owner at the location. He also stated that having been out of town for considerable time he had not made any progress on the proposed moto-cross location for motorcycle riders. He further reported that the Fire Department was testing hydrant pressures, and there appeared to be problems on 5th West. An attempt would be made the next evening to isolate the problem location. Councilman Jacobs stated he wished to be present to observe test- ing. He also noted that all fire hydrants have now been numbered to facilitate inspection record keeping. Councilman Nightingale expressed his appreciation for the testing program. Councilman Jacobs commented on spillage of trash on streets and roads by persons hauling their own trash to the dump. After checking the ordinance, he planned to put an ad in the paper as a warning to violators. Engineer Keogh requested a ruling on the payment of engineering fees for sewer locations at new construction. He was directed ^harge fees to the property owner involved. He also noted the need for an official abandonment of a street in Mountain view Subdivision, where lots had been replatted. In reporting on the acquisition for right-of-way for the Mill Creek Drive Bridge construction, he stated that Mrs. Walker was a co- operative property owner, but the new owner of the former Glenn Victor property was not so cooperative. The meeting adjourned at 11:05 P.M. by mutual consent. ATTEST - 143 CAP Dogs Hitching Post sirs/•+d J Sign not receimd- Tree trimmed on Emerald Street Moto -cross Testing hydrant pressures by Fire Dept. Jacobs to observe testing. Hydrants numbered Hydrant testing Trash on streets Engineering fees for sewer loca- tions Street abandonment Mill Creek Drive Bridge Adjournment R. W. Unger, Recorder 144 Regular meeting Attendance Minutes approved Former Minasian property, City wells Law enforcement discussion Parental responsi- bility Protection of youngsters from youngsters Article re. gover ment responsibili "Hot Line" Police coverage Police calls monitored September 16, 1975 A regular meeting of the Moab City Council was called to order in the Council Chambers at 7:30 P.M. on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs, Hammer, Peterson and Bonser, Engineer Keogh, Chief of Police Dalton, Street and Water Superintendent Day and Recorder Unger. Councilman Night- ingale and Attorney Ruggeri were absent. On a motion made by Councilman Jacobs, seconded by Council- man Hammer and passed, the minutes of the meeting held September 2, 1975 were approved as presented. It was called to the attention of the Council that the former Minasian property above the City wells was being divided and sold for building lots. About two-thirds of the area is within 1,500 feet from the nearest City springs. The State Health Depart- ment places such a limitation on possible sewerage disposal in relation to a public water supply. To obviate the requirements that a water well for individual use and a septic tank be on an area of no less than two acres, it was stated that the plots were being sold in 2.25 acre sizes. As the location is in the County area, it was the will of the Council to seek restriction of building through the Grand County Commission to maintain the State Health Department distance requirements in relation to possi- ble contamination of the City water supply. A sizable group of citizens was present to again discuss the problems related to juveniles, law enforcement and penalties. Albert Brown stated he was disgusted with letters to the editor concerning law enforcement. It was his contention that parents are at fault rather than the juveniles, that parental responsibility legislation is needed and that the law officers need all the public support they can get to back up enforcement. Sheila Maxfield requested protection for youngsters from youngsters in and out of school. Mayor McDougald acknowledged receiving a clipping from Rudy Higgins, which was duplicated and distributed to all Councilmen. The pertinent part of the article was a closing sentence stating that, "Government should only guarantee people their liberty and security." Mr. Higgins declined an opportunity to elaborate on the article. Martin Hamaker, of the Jaycees and an ardent youth support- er, said the purpose in writing letters "to the editor" was an attempt to create public interest in attending meetings. He added that young people like to congregate and need a designated place in which to do so. Further, he felt adults could assist the police by riding with them and learning more about their problems. He suggested setting up a "Hot Line" similar to Salt Lake City with a number 5622 (same as MOAB on the telephone alai) which people observing law violations could call anonymously to secure a quick police response. Councilman Hammer pointed out there could be numerous false alarms, such as those experienced by the Fire Department, if anonymous calls were accepted. When a com- plaint is filed, it is necessary to have witnesses testify in court unless a police officer apprehends a person in a criminal act. Councilman Bonser said people do not wish to call to avoid being involved. He did believe most calls could be serviced within five to ten minutes. He added that all officers had com- pleted their training, so the department was up to full strength, with one additional officer, and that starting September 1, 1975 the coverage was nearly doubled over the recent past. The present schedule is for two men on duty during the day, peak hours, two in evenings four nights per week and three in even- ings two nights per week. Evening schedules will be varied to avoid establishing a known pattern. Connie Caouette stated that many of the young people have radios which will monitor police calls and make coverage diffi- cult. Councilman Bonser said this could be overcome by the use of call codes, which would require constant changing 145 Call codes Mr. Brown observed that he did not believe parents realize the responsibilities public officials carry. Councilman Peterson favored the "Hot Line" concept as a phycho- logical benefit toward misbehavorial actions. Mr. Caouette favored "Hot Line" callers being required to identify themselves. Adrienne Taylor stated people would not identify themselves if the, miscreant happened to be their employer. Tom Balsley expressed the opinion that those who lack police call monitoring equipment might be controlled but that real young or elderly unprotected persons could not be expected to serve as witnesses. Chief Dalton said his department would answer all calls, whether or not they might be able to observe the reputed illegal activity. He said he would appreciate calls and all other possible help. Mrs. Stevens, a mother, told of her son, Keith, being gang stomped at the middle school. She took him to the hospital and doctor for 714 medical treatment, but he had not recovered readily from the traumatic crj experience. The action had been reported by her to the school authori- M ties. Mr. Brown stated that parents do not support teachers when their children are disciplined. James Wanielista said School Superintendent Meador had made a statement, somewhat in confidence, to the effect that parents should bring legal suit against unruly students who are interfering with the educational process to have them removed from school. Mrs. Taylor noted that in reference to discipline the hands of the School Board and the teachers are pretty much tied by regulations. Mrs. Wallace Winfield stated that very few parents ever attend School Board meetings and also that she did not believe the curfew was being adequately enforced. Mrs. Roby asked what happens if a court suit is instigated. No one offered an answer. She also commented that she did not think the problems were related to the schools exclusively. Mrs. Taylor suggested a request be made to get the subject on the School Board's agenda. In response to the curfew -enforcement situation, Chief Dalton said it is not enforced to the letter of the law due to late drive-in movies and some church functions, as young people are permitted out while return- ing home, but that problem children are picked up whenever possible Presumably from the Jayvees, Kenny Ellis and Kevin Anderson said the kids want entertainment and probably would not object to its being terminated 11:00 P.M. Mayor McDougald mentioned school dances were available, but being supervised are not well attended. Mrs. Taylor acknowledged the presence of the two young men, compli- mented them on attending the meetings, and said she thought that by work- ing together as adults and juveniles many existing problems could be resolved. Mrs. Taylor also defended the School Board and said they need parental support more than teacher support. Mr. Dowd, a periodic but regular visitor from Cortez, Colorado spoke in defense of outdoor dances. He said that in his opinion the traffic situation in Moab was much improved and that the local citizens are getting pretty much what they want. Responsibilities of officials "Hot Line" "Hot Line" Identity of callers Police call monitoring equip- ment A11 "Hot Line" calls to be answered Gang stomping at school Parents nonsupport to teachers Unruly students Discipline at school Parents not attending School Board meetings Court suits School Board agenda Curfew -enforcement Entertainment for youth School dances not well attended Youth in attend- ance at Council Parental sur^ort for School Board Outdoor dances. Traffic situation improved 146 Recreation Board Mr. Brown interjected that the activities sponsored by the Recreation Board should be expanded. Adult support Pace with the times Problems repeti- tion of past Citizens should accept responsi- bility Children need opportunities Youth participat- ing in civic affairs Law enforcement Unable to please everyone Penalties being increased Problems to be discussed at State meeting Public's confi- dence in Council Dance floor at Lions' Park Plea bargaining, inflation's effect on fines Fines reduced Public departed Sign at Crescent Junction McGill Blvd. im- provements Jim Hamilton was recognized by the Mayor and said he came mostly to listen but would appreciate additional adult support. Mr. Hamaker asked if we bad kept up with the pace of the times and the needs of the people. No one responded to this question. Mrs. Taylor noted that the Mayor had requested a time limit for the discussion, which had been exceeded, and thought it could be brought to a close by looking back in history to the days of Socrates and others and realize that the present problems are not necessarily new or unique, but history repeat- ing itself. She reemphasized continuing to work together toward problem solving. In, line with the clipping he had supplied, Mr. Higgins said he thought we were asking government to do too much for us. He said we should ask what the adult citizens and children can do for themselves and to help the City, which comes back to the point of parental responsibility. Mr. Brown stated that children need an opportunity to help themselves. Mr. Hamaker said the previously mentioned young men ;...d proven themselves by participating in civic events. Councilman Hammer noted the same problems had continued to arise for the past four years. His solution is to crack down and maintain continuous enforcement of laws. County Commissioner Holyoak commented that the Council would be harrassed either way they go. Councilman Jacobs affirmed his confidence in the dudi- ciary,,stating that Judge Grist had attended a school in Reno on law enforcement and was being more tough with court penal- ties. Mrs. Taylor, being a member of the State Judiciary Advisory Committee, is to attend a conference concerning the courts and stated she would present the problems to the con- ference. Councilman Jacobs felt the public turnout for the meet- ing was a compliment to the City Council in that people had sufficient confidence to bring in and to present their problems. He believes the majority of people favor good regulation in the City and in the schools. He stated that some problems are out- side the Council's jurisdiction but would attempt to set up a special meeting of the school Board. Mr. McArthur announced the Bicentennial Committee was providing funds for a dance floor at the Lions' Park. Councilman Bonser noted two problems with the judicial system: (1) Plea bargaining, which can be discouraged by the Judge in attempting to improve on prosecution. (2) Inflation has placed misdeneanor fine levels below the rest of the economy. Terry Warner asked why the fines which are assessed are reduced. This question remained unanswered. Most of the public discussion group departed. Jim Wanielista proposed that the City provide, or par- ticipate in, a sign advertising Moab to be located at Crescent Junction. The Council agreed to take this under advisement. Jay Axtell asked for a decision on the improvement of McGill Boulevard to 5th West Street. This is currently under 1. study. For the first time, he mentioned a fence at McGill and McCormick which obstructs drivers' vision. 147 The Council decided to hold a public hearing at 8.00 P.M. on October 7, 1975 concerning the recommendations of the Planning Com- mission for proposed changes in the zoning map. A petition was made by David W. Allen to abandon a street in a resubmitted subdivision plat. It was determined by the City Council that this will not be detrimental to the general interest, bit on the contrary, will be beneficial to the public interest. On a motion made by Councilman Bonser, seconded by Councilman Hammer and carried, the abandonment action was approved. The City Recorder was directed to secure a proper ordinance from the City Attorney to formalize the action Concerning complaints received about abandoned automobiles parked on the Donald Brookshier property at 454 Carlos Court, the Recorder was instructed to proceed with the proper letter of nofifica- tion for removal under the nuisance ordinance. Councilman Hammer asked if the Fire Department had been in- formed the Carnival was getting water through a fire hydrant. Apparently no such advise had been given. He noted there had been no action at the Hitching Post to correct the parking problem. It was decided to call Mr. Spinks, the proprietor, in again at 11:00 A.M. on Friday, September 19, 1975 to secure some action. councilman Hammer commented on an itinerant photographer who he did not believe was licensed. He asked about the Carnival licensing and was informed their license was paid. He suggested a restudy of the licensing ordinance and fees. He also announced the motor bike trail for unlicensed operators was ready for use. Councilman Jacobs stated that Moab Motor Parts had requested permission to install a NAPA sign on the Walnut Lane Trailer Court signpost on Main Street at 1st North. Permission was granted on a motion made by Councilman Hammer, seconded by Councilman Peterson and carried. Councilman Bonser abstained from voting. Councilman Jacobs stated that a Jones' tenant, across Center Street from the Hitching Post, had an automobile bumper damaged by a bar customer using the Jones' parking area. He also told of a concrete tabletop being dumped on the ground at the City Park and two lights which were broken at the same location. Mayor McDougald reminded the Councilmen of the Friday meeting to be scheduled with Mr. Sprlks. Councilman Jacobs announced plans were under way to establish a defensive driving course in Moab as a penalty for traffic offenders, when determined by the court. Costs to train instructors in Price would be $10:00 per individualofor the course, plus travel costs. Indications a.. that about forty people' in Moab should be available as potential students. Councilman Peterson spoke in favor of Mr. Hamaker's "Hot Line" suggestion. Councilman Hammer volunteered to check with the telephone com- pany concerning the mechanics of such an installation. Councilman Peterson voiced concern over the lack of cleanup after the fire at the old Robertson Service Station. Councilman Jacobs explained the activities to date and said he would check further with Fire Chief Black. Councilman Jacobs made a motion, seconded by Councilman Hamner, to approve the bills as submitted. The motion carried. Public hearing re. zoning changes Street abandonment Donald Brookshier property Carnival Hitching Post Licensing Carnival license Licensing ordi- nance and fees Bike trail Sign at Main & 1st North Hitching Post City Park vandal- ism Meeting scheduled with Spinks Driving course "Hot Line" "Hot Line" Robertson Service Station Robertson Service Station cleanup Bills approved 48 Mountain View water storage tank Adjournment Regular meeting Attendance Engineer Keogh discussed the access and overflow situation related to the Mountain View storage tank. By mutual consent, the meeting was adjourned at 10.55 P.M. m.`Dean McDougald, May ATTEST: R. W. Unger', Recorder October 7, 1975 A regular meeting of the Moab City Council was called to order in the Council Chambers at 7:40 P.M. on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs (late), Hamner, Peterson and Bonser, Engineer Keogh, Attorney Ruggeri, Recorder Unger and Street Superintendent Day. Councilman Nightingale was absent. Minutes approved On a motion made by Councilman Bonser, seconded by Council- man Peterson and carried, the minutes of the meeting held Septem- ber 16, 1975 were approved as presented. Water quality Courtney Brewer, formerly with the Southeastern Utah presentation Association of Governments, now Director of the 208 Water Quality Program, was recognized and started the presentation of a slide show accompanied by recorded dialogue to illustrate the purposes and methods of the Program. During this presenta- tion, Councilman Jacobs joined the meeting. Mr. Brewer broke off at 8 P.M., as previously requested by the Mayor, at which time changes in the zoning ordinance map were considered. These changes had been previously approved by the Planning Commission and advertised for a public hearing to be held at this time. The changes were requested by William Osborne to extend the C-2 zone along 5th West Street twenty feet southerly into the existirg R-2 zone. Another request was from Kenneth Erbes and Kenneth Key to establish the C-3 zone into R-2 and R-4 zones for a distance of 250 feet west of 1st West Street between Walnut Lane and Park Road. On a motion made by Councilman Jacobs, seconded by Councilman Hammer and carried, the map changes were approved. Mr. Brewer then completed the balance of a half-hour program. Before retiring, he stated he was also working with the Moab Irrigation Company and the County water Con- servancy District. He stated further that the City should be represented at the next committee meeting to be held in Helper within six weeks. He thought R. W. Unger had been appointed to this committee but had not attended any previous meetings. Someone also mentioned that Engineer Keogh had been appointed as a committeeman. Neither Unger nor Keogh was aware of any such appointment or previous meetings. Mr. Brewer was to check and advise. He was also to send specific informa- tion concerning the next proposed meeting. The Council considered the roster of election judges, previously submitted, and on a motion made by Councilman Jacobs, seconded by Councilman Hammer, the roster was approved with one exception. The Recorder was directed to seek a replacement for Peggy Tomsic, who is related to one of the candidates running in the election for City Councilman. Agreement approv On a motion made by Councilman Peterson, seconded by ed Councilman Jacobs and carried, the water and sewer agreements prepared by Attorney Ruggeri to be executed by Donis McElhaney Hearing re. zon- ing ordinance m. changes Water quality presentation Election judges approved 149 and Norman Beeson were approved. These agreements pertain to verbal agreements made in 1971 wherein property owners putting in lengthy water and sewer lines to reach their property will be partially reim- bursed when new connections are attached during a 7-year period. Councilman Bonser made a motion, seconded by Councilman Jacobs and carried, to adopt Ordinance 7-75, concerning a street abandonment in the Mountain View Subdivision extension which had been done by motion at the previous Council meeting. The ordinance reads as follows: ORDINANCE 7-75 AN ORDINANCE VACATING A CERTAIN PORTION OF CEDAR AVENUE AS SHOWN ON PLAT "A", MOUNTAINVIEW SUBDIVISION, MOAB, UTAH BE IT ORDAINED by the City Council of Moab, Utah: SECTION 1. That that portion of Cedar Avenue which lies east of the east boundary of Blocks "E" and Block "H" and south of Huntridge Drive, as shown on Plat "A", Mountain - view Subdivision, as recorded in Plat Book 2, page 2, Grand County, Utah, Recorder's Office be, and the same is, hereby vacated and declared no longer to be public property for use as a street, avenue, alley or pedestrian way. CZ SECTION 2. Said vacation is made expressly subject to all existing rights of way and easements of all public utilities of any and every kind and description, now located in, on, under, or over the confines of the said Street so vacated; and also subject to the right of entry thereon for the pur- pose of inspecting, maintaining, repairing, replacing, re- moving, altering, or re-routing said utilities and all of them. PASSED by the City Council of Moab, Utah this 7th day of October, A. D., 1975. CITY OF MOAB, By /s/ William D. McDougald ATTEST: Its Mayor /s/ R. W. Unger City Recorder On a motion made by Councilman Jacobs, seconded by Councilman Bonser and carried, the fuel bid submitted by McDougald Oil was accepted. This was the only bid received, although other suppliers had been advised of the bid by telephone and a notice published in the newspaper. Bids for a cash register were opened, and on a motion made by Councilman Bonser, seconded by Councilman Hammer and carried, in low bid from Lloyd's Systems was to be accepted pending an investigative determination by Councilman Bonser relating to the type of machine required. A bid for radio equipment received through Royce's Electronics for Motorola equipment was to be accepted on a motion made by Council- man Hammer, seconded by Councilman Bonser and carried. Councilman Jacobs voted nay. Final acceptance was tabled until the next meeting, at which time Councilman Hammer is to report on the need for an antenna tower. Royce was the only bidder on this item. Lightfoot's TV and Electronics stated by telephone that they were not equipped to partici- pate in this type of equipment. Red Crawford in Grand Junction also advised he could not bid but'would'forward the specifications to Moto- rola for handling. At the time of the meeting, there had been no response received from Motorola. A list of delinquents on Improvement Districts #1, #2, and #13 had been submitted to the Councilmen with a memorandum stating Attorney Ruggeri would suggest procedures to follow. His suggestion was to pre- pare a form letter for mailing to each obligee with legal follow-up, if necessary. Street abandonment Ordinance 7-75 Fuel bid by McDougald Oil accepted Lloyd's bid accepted for cash register Motorola bid to be accepted for 2-way radios Delinquencies on curb & gutter assessments 150 No. 9 well pump bids Bids received through Nielsen, Maxwell and Wangsgard for a pump for No. 9 well were discussed briefly and tabled pending further consultation with the engineers. Manpower shortage at City Shop Beacons for Police Dept. City licensing Fire District rating evaluation Hitching Post Juveniles where alcohol is sold Air service to Mo• "Hot Line" Health insurance for City employees Mill Creek Bridge McGill Blvd. Bills approved Adjournment Lynn Day reported he was low on manpower for water, sewer and street departments. Councilman Bonser outlined a trade which had been nego- tiated between the City Police Department and an auto towing service in Monticello involving vehicle beacons and a loud speaker system which would be about $400.00 less cost to the City than purchasing new equipment. He also commented briefly on the memorandum and report submitted to the Councilmen by the Recorder concerning the method of governmental operation in Kansas City, Missouri. Councilman Hammer requested information on how the review of the City licensing was progressing. Councilman Bonser re- sponded he was to meet with the retail merchants later in the week to determine their feelings on the situation. Councilman Hammer talked briefly on the recent fire evaluation inspection and noted the lack of water volume on 5th West Street near 4th North Street. He added that Mr. Spinks had not fulfilled his agreement in reference to the handling of parking and patron actions out- side his place of business. The Councilman said he would visit Mr. Spinks and would like to limit him to one more week to com- ply or have his license revoked for a period of time. It was pointed out that the license was not related to activities of the public outside a place of business. Mention was made that juveniles are being permitted inside the building. The Mayor stated the juvenile situation also exists at the Poplar Place. Councilman Jacobs reported on his trips to Salt Lake City on Monday and Tuesday in the interest of air service for Moab. He stated that Moab was the most active City attempting to retain air service. Price was less active, and Cedar City was doing practically nothing. Councilman Peterson announced that Don Robinson had re- quested a change in his telephone number to release his old number, 6622, for the police "Hot Line". He also asked about negotiations with Pete Byrd concerning the Moab Irrigation Com- pany. Councilman Jacobs said he had not had time to pursue the matter. Mayor McDougald spoke briefly on the noon meeting held October 7 with representatives from the Utah League of Cities and Towns and Gem State Insurance concerning medical and hospital insurance for City employees. Most of the Councilmen present had attended the luncheon meeting. No immediate action on insurance was indicated. Engineer Keogh reported only two easements needed for the Mill Creek Drive Bridge project remained to be secured. He also stated that curb stakes had been set on part of McGill Boulevard. Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, to pay the bills as submitted. By mutual consent, the meeting was adjourned at 10:30 P.M. ATTEST: R. WA.ZJn"gel,IRecorder Wm. Dean McDougald, Mayor October 21, 1975 151 A regular meeting of the Moab City Council was called to order in the Council Chambers on the above date at 7:40 P.M. by Recorder R. W. Unger. In attendance were Councilmen Jacobs, Hammer and Peterson, Engineer Keogh (late), Recorder Unger and Street Superintendent Day. Absent were Mayor Wm. Dean McDougald, Councilmen Nightingale and Bonser and Attorney Ruggeri. On a motion made by Councilman Jacobs, seconded by Councilman Hammer and carried, the minutes of the meeting held October 7, 1975 were approved as presented. Mrs. Colosimo representing the Planned Parenthood office from Price was in attendance with Mrs. Ricks, local representative. Mrs. Ricks reported on their activities for the past year as no report had been received in the interim. In attendance with Mrs. Ricks were Lucille McEwen and Roger Christensen. Other committee members are Marilyn Hampton, Ann Pool and Irma Peterson. Mrs. Ricks stated they had made a door-to-door canvas of the western part of the city, making 70 contacts. Mrs. Ricks stated she had only been active in the program for about ten months. In most cases, office patients pay a fee for con- M sultation, with exception of the very low income group. When patients d' call at the office, the staff takes their blood pressure and urinalysis. They will counsel persons under 18 years of age but will not provide any treatment without parental consent. Councilman Jacobs stated he had checked with some of the local doctors and other individuals and determined that the operation was being handled in a "low key" satis- factory manner. Mrs. Colosimo said their financing was assured through 1976. Locally they are handling about five patients per month. Other activity includes educational work. Mrs. Ricks said that in the 15 to 19 age group Grand County ranks third populationwise in Utah in out -of - wedlock births. Nothing of this nature is publicized. Councilman Jacobs complimented the committee on its work and suggested that it be continued. He made a motion, seconded by Councilman Peterson and carried, that the program be continued. Statistics from the Public Health Service should be adequate for final reporting of operating prog- ress. Councilman Jacobs, now being on the committee, can keep the Council informed if anything unusual occurs. Copies of Ordinances 8-75, 9-75 and 10-75 had been previously submitted to Councilmen. Councilman Peterson made a motion, seconded by Councilman Hammer and passed, to adopt these ordinances. The Ordi- nances read respectively as follows: ORDINANCE 8-75 AN ORDINANCE AMENDING CHAPTER 9, MOAB CITY CODE 1965, AS AMENDED, BE IT ORDAINED BY THE CItY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Article II, Sec. 9-2 of the Ordinances of Moab City, 1965, as amended be, and the same is, hereby amended to read as follows, to -wit: "Sec. 9-2 Adoption. There is hereby adopted by the City Council, for the purpose of prescribing regulations governing condi- tions hazardous to life and property from fire or explosion, that certain code known as the Fire Pre- vention Code, recommended by the American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, and the same is hereby adopted and incorporated as fully as if set out at length herein, together with all amendments and addi- tions that may hereafter be made thereto." THAT the City Council finds and declares that it is necessary for the immediate preservation of the peace, health and safety of this City that this Ordinance take effect upon its passage and publication. Regular meeting Attendance Minutes approved Planned Parenthood Ordinances 8-75, 9-75 & 10-75 Ordinance 8-75 152 Ordinance 8-75 (Continued) Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 21st day of October, A.D., 1975. Ordinance 9-75 Ordinance 10-75 ATTEST: /s/ R. W. Unger City Recorder (SEAL) ORDINANCE 9-75 APPROVED. /s/ William D. McDougald Mayor AN ORDINANCE AMENDING CHAPTER 14, MOAB CITY CODE 1965 AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Article I, Sec. 14-1 of the Ordinances of Moab City, 1965, as amended, be, and the same is, hereby amended to read as follows, to -wit: "Sec. 14-1. Adoption of Traffic Code. The Utah Traffic Code --Rules of the Road 1974, together with all amendments and additions that may hereafter be made thereto, compiled by the Department of Public Safety of the state, prepared and published in book form by such agency, is hereby approved and adopted as the Traffic Code of the city, except as hereinafter specified, and by this reference is made a part of this chapter to the same extent and effect as though such code were copied herein in full. Three copies of the Utah Traffic Code --Rules of the Road 1974, as amended, hereby adopted by reference, shall be filed for use and examination in the office of the city recorder." THAT sub -paragraphs (a), (b), (c) and (d) of said Section 14-1, be, and the same are, hereby un- changed. THAT the City Council finds and declares that it is necessary for the immediate preservation of the peace, health and safety of this City that this Ordi- nance take effect upon its passage and publication. Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 21st day of October, A.D., 1975. ATTEST: /s/ R. W. Unger City Recorder (SEAL) APPROVED: /s/ William D. McDougald Mayor ORDINANCE 10-75 AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1965 AS AMENDED RELATING TO THE OFFICIAL ZONING MAP BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: 153 CO TN C'D U V THAT Section 27-5-2 of the Ordinances of Moab City, 1965, as amended, relating to the official zoning map of the City of Moab, be, and the same is, hereby amended by the following changes: (a) The following described real property zoned R-4 and C-2 is hereby rezoned as C-3: Beginning at the intersection of the West side of First West Street and the North Side of Walnut Lane and proceeding thence West 250 feet; thence North to the South side of Park Drive; thence East 250 feet to the West side of First West Street; thence South to the point of beginning. (b) The following described real property zoned R-2 is hereby rezoned as C-2: The North 20 feet of Lots 4, 5, and 6, Block A, Emerald Subdivision. Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah this 7th day of October, A.D., 1975. APPROVED: /s/ William D. McDougald Mayor ATTEST: /s/ R. W. Unger City Recorder (SEAL) The Councilmen had been informed by memorandum regarding a re- quest from Mrs. Evans for a street light near her front gate. This request was tabled until the Councilmen could check the area personally to assess the need. Mr. Steve Cramer appeared before the Council to introduce Gil- bert R. Horrocks, President of Horrocks and Associates, a consulting engineer firm in eastern and southern Utah seeking an opportunity to do engineering work for the City. Mr. Cramer had formerly been with the Utah State Division of Health. They have been engaged in subdivi- sion work on the Corbin Ranch in Spanish Valley. Councilman Jacobs said he would like to discuss solid waste disposal methods with them at some time other than in Council meeting. A fire alarm at 8:05 P.M. caused Councilman Hammer to leave the meeting. Grand County Commissioner Dan Holyoak had brought a Boy Scout Troop to witness the conduct of City government. Mr. Holyoak tnen appeared before Council seeking permission to utilize the former Min- asian subdivision, most of which is within the supposed 1,500 foot health-,striction for septic tanks in relation to City water springs. It was his contention that the draiaage of the area is away from rather than toward the particular spring in question. He also contended that the water produced by the spring was of sufficiently low volume that the City could discontinue its use without any problems. He cited a number of residences existing in the area. At 8:20 P.M., Councilman Hammer rejoined the meeting and was accompanied by Engineer Keogh. Councilman Jacobs asserted that he did not believe the Council should attempt an interpretation of the problem without further con- sultation with State Health officials. The Boy Scout troop adjourned at 8:35 P.M. It was the opinion of the Council to take Mr. Holyoak's request under advisement until a consultation could be arranged with health officers Johnson and Storey. Ordinance 10-75 (Continued) Street light request Horrocks & Assoc., engineering firm Fire alarm Scout troop in attendance Former Minasian subdivision Hammer & Keogh enter meeting Health off,-ials to make interpreta- tion Scout troop leaves Request under advisement 154 McGill Boulevard improvements Vote canvass Civil Defense Hitching Post "Hot Line" Driving school "Hot Line" Mill Creek Bridge Water volume Bills approved Adjournment A discussion was held concerning action to be taken in re- lation to McGill Boulevard. To ease the costs to property own- ers, Councilman Jacobs suggested eliminating the sidewalk re- quirement. The other Councilmen agreed and decided to withhold action until the next regular meeting. By memorandum, the Council was informed of the necessity for an official vote canvass on Monday following election day. It was their desire to hold a special noon meeting for this purpose. A memorandum had been submitted to Councilmen relating to a Civil Defense questionnaire. It was the consensus of the Council that none of the hazards referred to in the question- naire were pertinent to the City of Moab. Councilman Hammer reported he had checked on the Hitching Post and that Mr. Spinks had taken over the operation. Park- ing lot graveling was to be done immediately. Parking barri- cade posts were to be installed by Friday. The City had already installed the "No Parking" signs on Center Street, north of the building. He also informed the Council about a confrontation with a magazine salesman (lady), who objected to City licensing. The subject of the Police "Hot Line" was brought up, and Councilman Hammer secured the dispatcher's record log. It was found that most calls were of a "crank" nature pertaining to items such as broken curbs, street holes, etc., but nothing relating to criminal activity. Councilman Jacobs reported that arrangements had been made for training instructors for a defensive driving school. The training session will be in Salt Lake City on October 30 and 31. The initial plans are to train two Highway Patrolmen as instructors. The City will need to pay their expenses for the trip to Salt Lake City, but the City can recover costs for the course through penalties assessed by the court. Driving exami- ner Bohn had advised he could send persons from Monticello to this school as they now must travel to Salt Lake City to take the course. It is anticipated that this activity can be started by mid -November. Councilman Peterson had nothing to bring up except questions about the "Hot Line" activity which prompted the checking of the dispatcher's log by Councilman Hammer, noted above. Engineer Keogh reported that all easements pertaining to the Mill Creek Drive bridge project had been negotiated with the exception of the First Assembly of God Church, which had to be forwarded to Salt Lake City for execution. Some had not been notarized, but he had recorded them and sent them to the State Highway Engineer, Archie Hamilton, in Price. Lynn Day reported on work being done searching for valves in the main water line on 5th West Street to attempt correction of a low volume water problem. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to pay the bills as submitted. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, for adjournment at 9:20 P.M. ATTEST: R. W. Unger/, Recorder Wm. Dean McDougald, ayor November 4, 1975 Due to the lack of a legal quorum being present, the November 4, 1975 meeting was not held. 15 Meeting not held November 6, 1975 Due to election day falling on November 4, 1975, a special meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers at 7:35 P.M. on the above date. In attendance were Councilmen Jacobs, Hammer, Bonser and Night- ingale, Attorney Ruggeri, Street and Water Superintendent Day and Recorder Unger. Councilman Peterson and Engineer Keogh were absent. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the October 21, 1975 meeting as submitted. Mayor McDougald recognized the presence of citizen, James Wise- man, who stated he had nothing to bring before the Council. The problem of curb, gutter and paving improvements on McGill Blvd. between Chinle and 5th West Streets was discussed in addition to a similar situation on Park Drive east of 5th West Street. Many of the property owners are proceeding on their own with curb and gutter installation, one including sidewalk. To relieve the improvement cost, the Council was willing to follow Councilman Jacobs' suggestion to delete sidewalks as an improvement requirement on McGill Blvd. When- ever possible, sewer and water connections to the property line were to be made. At an appropriate time in the future, the City would advertise for paving bids to get all paving done at one time. The First Western National Bank has indicated a willingness to buy a 10- year bond issue on the improvements at an interest rate appropriate at the time, but not to exceed 6 1/2%. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, for the City to enter a subscription for Utah Taxpayer Association publications. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to send Inspector Shaffer to St. George to a plumbing and inspectors' seminar. Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to adopt Ordinance Amendment 11-75, which reads as follows: Ordinance 11-75 AN ORDINANCE AMENDING CHAPTER 19, MOAB CITY CODE 1965, AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB UTAH: THAT Sec. 19-1 of the Ordinances of Moab City, 1965, as amended, be and the same is, hereby amended to read as follows, to wit: "Sec. 19-1 Plumbing Code --Adopted The "Utah Plumbing Code, 1969" adopted by the State Board of Health, compiled for use in the State, three copies of which are, and shall remain, on file in the office of the City Recorder for exami- nation and use by the public, are hereby adopted by the City and by this reference incorporated herein as a part of this section as fully as if completely set out herein, together with all amendments and additions that may hereafter be made thereto, and the provisions thereof shall regulate the use, con- struction and installation of all plumbing within the City." THAT the City Council finds and declares that it is necessary for the immediate preservation of the peace, Special meeting Attendance Minutes approved Citizen recognized Curb, gutter & paving, McGill Blvd. Subscription Seminar Ordinance 11-75 Ordinance 11-75 Ordinance 11-75 (Continued) health and safety of this City that this Ordinance take effect upon its passage and publication. Health insurance HUD Law enforcement meeting TV franchise TV reception Police cars Cleanup Municipal finances Fire Department Hitching Post Street lighting, 4th North PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 6th day of November, A.D., 1975. APPROVED: /s/ Wm. Dean McDougald Mayor ATTEST: /s/ R. W. Unger Councilman Nightingale made a motion, seconded by Council- man Bonser and carried to enroll City employees in the #2 plan of the Utah League of Cities and Towns' (Gem State) medical and hospital plan, with employees to be called in for a special meet- ing during their working hours for an explanation of the new plan. Councilman Jacobs informed the Council the Utah League of Cities and Towns was to become involved in HUD programs, which had previously been handled in this area by the Southeastern Utah Association of Governments. Councilman Bonser stated monthly police reports were to be copied and distributed to all Councilmen. He added that about twelve parking tickets had been issued in the Hitching Post _;ea in the last month. Additionally, he had attended a meeting of the Governor's Advisory Board on law enforcement and stated it was one of the best and most productive meetings he has attended. Councilman Bonser stated all TV franchises must meet new FCC regulations, and he hopes our recently executed franchise meets these regulations. Councilman Nightingale complained of poor TV reception and wondered if under the franchise some improvement might be made. Councilman Bonser stated he would contact the TV people in this reference. Councilman Bonser stated that as the newly ordered police car was to be white and blue in color he would like to have the one acquired last year repainted to the same colors. A11 of his bid inquiries were in the same amount, $200.00. Apparently, the new car will come as white with the blue to be added. Council- man Nightingale made a motion, seconded by Councilman Hammer and carried, to split the work between the two bidders, J & B Body Shop and Clair's. Councilman Jacobs said he would like police follow-up on the cleanup of the house opposite the Clevers on 1st North Street with additional action to clear Ralph Dunn's heavy equip- ment off the street. He also objected to auto repairs h..ing made on the parking aprun adjacent to the City Park plus trash, gravel in particular, being spilled on City streets, being left for the City to cleanup. Councilman Nightingale had clipped an article relating to the "Financial Danger Signs" for municipalities. This was repro- duced and distributed to all Councilmen. He also requested per- mission to purchase a copy of the City Code book, plus appologiz- ing for his absence in October. Councilman Hammer extended an invitation to all officials to participate in an open house being held by the Fire Department on November 7 and 8, 1975. He stated the Hitching Post parking lot had been graveled and that promises had been received concern- ing other parking problems. A memorandum submitted to Councilmen prior to the previous Council meeting concerning Mrs. Evans' request for street lighting at her gate was discussed. It was noted that street lights on 4th North Street are evenly spaced. Councilman Hammer suggested the possibility of an additional light across the street from Mrs. Evans. Otherwise, she could arrange with the power company for a yard light of her own. 15' Councilmen Jacobs and Hammer held a brief discussion concerning the curb at the Moab Laundry which will require some modification to improve drainage. Street and Water Superintendent Day stated the low water volume Water volume, on 5th West Street was attributed by Nielsen, Maxwell and Wangsgard to 5th West a closed or partially -closed valve in the main. However, after conside able work, he had been unable to locate any such valve. Councilman Nightingale made a motion, seconded by Councilman Ham- Bills approved mer and carried, to pay the bills as submitted. Moab Laundry curb The meeting was adjourned by mutual agreement at 9:35 P.M. Adjournment w Wm. Dean McDougald, Mayor ATTEST: R. W. Unger, Recorder M November 10, 1975 do A special meeting of the Moab City Council was held on the above Special meeting Adate at 12:00 noon in the Mayor's Office at the Courthouse to canvass U the ballots of the City election held November 4, 1975. Present were Mayor Wm. Dean McDougald, Councilmen Bonser, Hammer, Attendance Jacobs, Nightingale and Peterson and Deputy Recorder Judy Marshall. The election was held to fill three vacancies for Councilmen (4- Election year terms) as their terms of office had expired. Councilman Harold Jacobs was the only incumbent on the ballot. Incumbent The number of votes for_ each candidate were counted on the talley Votes verified books, and all were verified to be correct as reported. The candidates and number of votes received from each district Votes are as follows: Candidates District District District District Total Districts for 1% 2 3 4 5 votes Councilman Dixie L. Barker 146 173 138 226 683 Votes Nellie S. Beyeler 57 74 52 70 253 Harold A. Jacobs 209 275 198 259 941 Bruce Kehret 80 111 86 102 379 Fred Lathrop 53 48 40 45 186 Thomas A. Stocks 111 137 102 108 458 Marjorie Tomsic 131 160 116 127 534 Write Ins: Sam Taylor Nic Hogan Sandy Hampton Denise Horstmann Les Erbes Paul Lojeski Mitch Williams "Red" Stewart Dennis Robson 1 Eligible voters: Ballots cast: 1 1 522 667 497 599 2,285 270 338 254 327 1,189 Harold A. Jacobs, Dixie L. Barker and Marjorie Tomsic were Jacobs, Barker, elected, receiving the three highest number of votes respectively. Tomsic elected The meeting was adjourned by mutual consent at 12:25 P.M. Adjournment ATTEST: Wm. Dean McDougal Mayor 1 ,/ Judy IL. I' rshall', Deputy corder 158 Meeting postponed Regular meeting Attendance Minutes approved Civil dispute Post Office depository Sewer pipe proble Councilman arriv Septic tank dump- ing fee McGill Blvd. improvements Water & sewer rate Bank deposits Christmas party November 18, 1975 The regular meeting scheduled for this date was postponed because of a conflicting community activity. The meeting was rescheduled for November 20, 1975. November 20, 1975 A regular meeting of the Moab City Council was called to order on the above date at 7:35 P.M. in the Council Chambers by Mayor Wm. Dean McDougald. In attendance were the Mayor, Councilmen Jacobs (late), Nightingale (late), Hammer, Bonser and Peterson, Engineer Keogh, Councilman -elect Barker, Street and Water Supt. Day, citizens Ames and Wiseman and Recorder Unger. The minutes of the November 6, 1975 meeting were corrected to read J & B Body Shop and Clair's for police car painting instead of Thompson's. Councilman Bonser made a motion, seconded by - Councilman Hammer and carried, to approve the minutes as corrected. June Tangren, accompanied by Dale Hardin, appeared to com- plain against the actions of Lynn Ottinger and his tenants toward Mrs. Tangren such as egg throwing, writing obscenities on her car and threatening her bodily with a shovel and a knife. In addition, he allegedly knocked her fence down with a sledge hammer. He is insisting on a passageway to his property across hers. She has filed a legal complaint against him in the City Court. Sht .tated the Judge initially told her she did not need to appear so she was in a dilemma. The Council informed her the court was the proper place to get recourse rather than through the Council. Attorney Ruggeri joined the meeting at 7:55 P.M. and advised Mrs. Tangren that a court cannot take any legal action without a complaining witness being present. Councilman Bonser announced he had met with the Postmaster and First Security Bank Manager, Dalton, in reference to the drive- way outdoor mailboxes and the parking area at the Post Office. With permission from the City, the Post Office proposes to relo- cate their flagpole to near the curb. In addition, they will remove some landscaping,•relocate the mailboxes and widen the exit driveway of the front parking area to permit the use of mailboxes by vehicles and the passage of vehicles from the parking area. Street Supt. Day explained a sewer pipe routing problem in Palisade Subdivision, and the Council concurred with his recom- mended solution to the problem. Councilman Jacobs joined the meeting at 8:00 P.M., and Councilman Nightingale arrived at 8:15 P.M. Mr. Parmenter, who plans to engage in part-time septic tank pumping, had requested an audience to discuss the city's dumping fees. Mr. Parmenter did not appear. Councilman .larnkc volun- teered to discuss the matter with him and'determine that he was properly informed concerning dumping regulations. Douglas White had requested water and sewer hookups for lots listed in the names of Yakes & White before other improve- ments are made on McGill Boulevard. He wished to get the con- nections on a half -payment basis and pay the balance at a later time. The Recorder was authorized to make this arrangement with him. A question had arisen concerning water and sewer rates assessed against Mary Rees for her residence and one rental. Councilman Jacobs volunteered to investigate. The Recorder had submitted a memorandum to the Councilmen recommending that the Treasurer make a daily cash balance and bank deposit. On a motion made by Councilman Peterson, seconded by Councilman Bonser and carried, this recommendation is to be executed. The question of having a Christmas dinner party for City employees was raised, and the Mayor said he would take care of the arrangements. c*� cep A L .) U The Recorder had submitted a memorandum to the Council concern- ing a temporary permit for an illegal location of a trailer by Wade Tangren. Councilman Jacobs stated the trailer had been moved. The Recorder requested permission to pay utility and freight bills as received to preclude delinquency situations due to the time interval between Council meetings. As these are regular and standard expenditures, permission was granted. Councilman Bonser announced he had met with Mr. Worcester and the Chief Engineer of the television company. He was told improvements were necessary for the microwave system, which are planned by the tele- vision company. They have acquired all necessary microwave equipment sites except for one in Moab. Bob Ames stated that the technician had located and was correcting distribution problems of which he was aware. He added that most distribution problems occur at night and are diffi- cult to locate in the daytime. He further stated they are seeking an additional licensed repairman for the cable system. They do have access to a man from Grand Junction on a one -day call, and he will also be making once a week visits to Moab. Councilman Hammer advised that a temporary parking barricade had been erected at the Hitching Post. He was also disturbed by flammable liquid vehicles being parked on City streets, adding that we need to pass a prohibitive ordinance or improve on law enforcement. Councilman Jacobs added he had observed large trucks improperly parked at the Greenwell. They had been driven over the curb and were facing the wrong direction. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to pay the bills as submitted with the exception of the bill for printing additions to the City Code. The Recorder was to investigate before payment was made. Councilman Nightingale reported on and distributed letters of application for the position of City Administrator. The applications had been received through the Utah League of Cities and Towns. He planned to duplicate and to distribute all letters to each Councilman plus placing local advertising for the opening. Councilman Peterson asked what action had been taken toward acquiring Moab Irrigation Company water rights. The answer was that if the Mill Creek Dam becomes a reality the City would probably pur- chase water from the Grand County Conservancy District. The Mayor requested authorization to employ Art Maxwell of Nielsen, Maxwell and Wangsgard to make a study of the cost to the City for wells and springs to produce four second feet of water. Council- man Bonser made a motion, seconded by Councilman Hammer and carried, to grant the request. A general discussion on the water situation follow- ed. It was the Mayor's contention that we should have, for the future, comparative costs of water production from wells, Mill Creek and the Colorado River. The forthcoming,hearing before the Public Service Commission regarding the Utah Power & Light Co. came under discussion. Due to the potential cost increase to the City for street lighting, in par- ticular, -t was the consensus of the Council that the City should go on record in protest of the increase. The Council agreed that the Mayor should represent the City at the hearing. As the Council had previously decided to change health and accident insurance carriers, it was decided to meet with all employees at 4:00 P.M. on Tuesday, November 25, 1975 to review the newly -proposed plan. Engineer Keogh explained the necessity to relocate a city water main buried in the bottom of Mill Creek to provide clearance for the construction of the proposed Mill Creek Drive bridge. He informed the Council that Mrs. Walker had provided easements for the new roadway location and was interested in having some fencing done on her property boundary line. There was no discussion, comment or decision rendered concerning this matter. 159 Trailer Utility & freight bills TV Hitching Post Bills approved Applications Water Water development costs Water development costs Electricity rate Employee meeting Water main Easements for bridge I6O Oak Street Adjournment Special meeting Attendance Mill Creek bridge Bids Adjournment Employee meeting Health insurance Additionally, he presented to the Council a map and letter request from Dick Cozzens for the opening of Oak Street east of Hillside Drive to open up his property for development in that direction from Walker subdivision. Councilman Jacobs and Engineer Keogh were to investigate and contact Mr. Ellis of independent Lumber Co. regarding the curbing installed across Oak Street on Hillside Drive. Councilman Nightingale made a motion, seconded by Council- man Hammer and carried, for adjournment at 10:00 P.M. ATTEST: Li,crL+..v�Le.� R. W. Unger, ecorder WM. Dean McDougald, Mayor) November 25, 1975 A special meeting of the Moab City Council was held on November 25, 1975 at 7:45 P.M. in the Council Chambers. In attendance were Mayor McDougald, Councilmen Jacobs, Hammer and Bonser, Engineer Keogh, County Commissioners Hu.yoak and Merrill, Utah Department of Transportation Engineer Hamilton and Recorder Unger. The purpose of the meeting was to discuss the Mill Creek Drive bridge, engineering and construction costs plus a County culvert bridge and widening and surfacing of the roadway to the County line. The major bridge was estimated to cost $156,000.00, representing about 50% of the total project, and Mayor McDougald offered $75,000.00 from the City for the entire project. The County culvert was estimated to cost 20% of the total and the roadway 30% of the total. Engineering has totaled just over $19,000.00. The City desires a walkway on the bridge structure which may add $1,000.00 to engineering. The City is to take the responsibility for getting utilities relocated for construction clearance, which may be reimbursable. Under the mutual funding agreement, the City has been holding City and County Revenue Sharing funds in escrow, but it was decided that since engineer- ing costs had been billed to the County they should take over the administration of the project. The State Road Department recommends bidding the three projects separately but simultaneously. The meeting closed at 9:00 P.M. by mutual consent. ATTEST: R. W. Unger,/Recorder Wm. Dean McDougald, N yor� November 25, 1975 An employee meeting had been called by the City Council for this date to explain the health insurance plan offered by the Utah League of Cities & Towns. Twenty-five employees were in attendance. Councilman Bonser explained the proposed plan. He pointed out differences in the present Blue Cross -Blue Shield insurance and the proposed plan with regard to benefits and premiums. The family rate for Blue Cross -Blue Shield is $68.75 compared with $52.96 for the Utah League plan. The major difference in benefits 161 was pointed out to be in the Major Medical coverage. Upon entering this category, the patient incurs 20% of the expenses and the insurance company incurs 80% of the expenses. Under the Utah League Alternate II the insured is placed in the Major Medical category upon incurring a total hospital expense of $2,000.00. Under the current Blue Cross - Blue Shield plan, the patient does not enter the Major Medical category until the 366th hospital day. Each employee was then asked which program he would prefer. As Employee vote the majority of the employees present wished to continue with the Blue Cross -Blue Shield coverage, Mayor McDougald stated the City would remain under the present coverage. Mayor McDougald announced plans for an employee Christmas party Christmas party to be held on December 23, 1975 at 6:30 P.M. in the Arches Building with dinner to be served at 7:30 P.M. Health insurance (Continued) Several choices of menues were presented, with the choice being Menu prime rib. A count of employees and their partners planning to attend was to be obtained later. The meeting was adjourned at 4:45 P.M. m. D-an Mc ATTEST: Judd1L.G�1drshall�ty Recorder lift ougald, 'ayor December 2, 1975 A regular meeting of the Moab City Council was called to order at 7:40 P.M. in the Council Chambers on the above date by Mayor Wm. Dean McDougald. In attendance were the Mayor, Councilmen Jacobs, Nightingale, Hammer and Peterson, Councilmen -elect Barker and Tomsic, Attorney Ruggeri, Engineer Keogh, Street and Water Superintendent Day, citizens Mrs. Cozzens, Mr. Ellis and Mrs. Johnson. Recorder Unger was also present. Councilman Bonser was absent due to a committee meeting com- mitment in Salt Lake City. The minutes of the regular meeting on November 20, 1975 and the special meetings of November 25, 1975 were approved as submitted on a motion made by Councilman Hammer, seconded by Councilman Peterson and carried. Mrs. Cozzens expressed concern over the curb and gutter install- ed on the east side of Hillside Drive at Oak Street due to their owner- ship of property further east on Potash Drive, access to which is limited to Oak Street. She stated they were not in a hurry to attain access to develop Potash Drive. Mr. Ellis, representing the owner of property on Hillside Drive and Oak Street, remarked that if the east- erly street were not developed there would be very little purpose in spending r^^ey to open, curb and gutter and pave Oak Street. His estimate of the cost for this action was $3,000.00 to $4,000.00. He would be willing to do this when the need arises and would advise any future purchasers of the property that such an obligation existed. Councilman Jacobs asked Mr. Ellis if he would be willing to write a letter of confirmation to the City. To this, Mr. Ellis assented. Mayor McDougald informed the Council that he was going to instruct the office to record with the County Recorder all properties involved in delinquent curb and gutter assessments. A discussion was held concerning some telephone calls between the Mayor, Mrs. Gilliland and Councilman Jacobs concerning property with an easement with a 4" sewer line in it. The sewer line runs from the main to the east side of the Gilliland property, approximately five feet south of the property to the James Draper property, east of the Gilliland property. Mrs. Gilliland was inquiring concerning the Adjournment Regular meeting Attendance Minutes approved Hillside Drive improvements Curb & gutter Recreation Board Humane Society Fire District regrading Easement on Arroyo Road Legal descriptio Fire District Fire District Economic Develop- ment District existence of an easement for this line. She was told that one existed, but the records show none. At one time, Ray Branscom held a deed showing an easement. This property was transferred to the Independent Lumber Company without the easement being filed. No one has determined that the sewer was ever used. Mr. Ellis attending the meeting and representing Independent Lumber Company stated that he would check on the situation. Councilman Hammer reported that the Recreation Board was seeking driveways to a proposed parking lot area east of the Middle School Shop Building plus a driveway off Center Street, midway in the ball park block. He was informed that the City had previously agreed to provide the driveways to the parking lot but was waiting for the school authorities to indicate the desired driveway locations. Some of the Councilmen raised objections to cutting the Center Street curb on the south side for a driveway as the gutter in this area serves as a storm drain, and it was thought that a driveway existed on 2nd East Street into the Ba11 Park grounds which could be used. Councilman Hammer agreed to consult further with the Recreation Board to resolve the questions raised. It was generally agreed to establish parallel parking on Center Street in the block involved. Councilman Hamner acknowledged the receipt of an apparent form news distribution from the new officers of the Humane Society. He also announced the Fire District regrading and stated that the District would follow with written comments. The City is requested to notify the Fire Department and Inspection Service when the water volume problem on 5th West Street is corrected. Virginia Johnson appeared before the Council displaying a map of a street easement known as Arroyo Road, which passes through the Johnson property and requested that a portion of the street be deeded back to the Johnsons. There was doubt among the Councilmen that this street would ever be built, and if so, the original 100 foot width would not be required. It could be re- duced to a width of 66 feet. Councilman Jacobs made a motion, seconded by Councilman Nightingale and carried, to quit claim deed the unrequired portion to the Johnsons. Accordingly, a deed was to be drawn under a description prepared by Engineer Keogh as follows: Beginning at a point (not set) which bears South 1,823.8 feet and East 6.8 feet from the North- west corner of Section 1, Township 26 South, Range 21 East, Salt Lake Meridian, said point being on the record North line of Arroyo Road. Proceeding thence North 88 33' East 1,013.0 feet along the record North line of Arroyo Road to a point (not set); thence South 82u 34' W8st 28.8 feet to a cedar fence post; thence South 85 24' West306.7 feed along a fence to a cedar fence post; thence South 71 35' West 15.3 feet along a fence line to a cedar post; thence North 73 41' West 30.0 feet along 8 a fence line to a cedar fence post, thence South 89 36' West 634.1 feet along a fence line to a metal fence corner pos on the East side of 500 West Street; thence North 0 34' East 3.3 feet along a fence line on the East side of 500 West Street to the point of beginning. Councilman Hammer further noted the appreciation of the Fire District for equipment funding which had been provided by the City. He then asked how many fire hydrants were available in the City's stock to provide what he understood was to be the installation of three additional hydrants per year, at locations apparently not presently designated. Water Superintendent Day stated that the City carries one spare hydrant for emergencies. The Mayor and Councilmen expressed their appreciation for the work of the volunteers in the Fire District. Councilman Jacobs indicated that there was some doubt about the future status of the Economic Development District. The City Offices are presently overcrowded, and if there is a change in the handling of the District, he would like to have the City reacquire the office space now being used by them and have other quarters provided by the County. 163 He also led a lengthy discussion on the definitions of house trailers, modular homes and dwellings in reference to clearing of building permits and tax values. He had discussed the permit facet by telephone with Jesse Payne, Chief Inspector for the State of Utah, and learned that an assistant was to be in Moab on the following Friday and might possibly be able to clarify the situation insofar as City permits was concerned. Councilman Nightingale informed the Council of a legal fee in- curred in the Sun Valley Key subsidy case. The total fee was $2,400.00, of which $1,000.00 is to be paid by Economic Development. The Chairman of the Grand County Commission had committed the County to $700.00, and Councilman Nightingale suggested that the City also pay $700.00. Council- man Peterson made a motion, seconded by Councilman Hammer and carried, to accept the above obligation. Councilman Nightingale recommended that the Council approve the 1975 audit report of E. J. Claus and commend him on a job well done. Councilman Nightingale made a motion, seconded by Councilman Hammer and carried, to pay the bills as submitted. Councilman Nightingale requested an additional month in which to select a new Administrator so the holiday season would not conflict with making personal interviews. The retiring Councilmen -agreed to continue CI their efforts on this project. The time extension would then place the d" newly -elected Councilmen in a voting position. The Mayor volunteered m the present Recorder for an additional month of employment. Copies of job applications have not yet been distributed to the Councilmen for Cam? evaluation. Councilman Jacobs stated that he is in favor of selecting an applicant with previous experience rather than a recent graduate. Councilman Peterson asked about the action on the "hot line". "Hot Line" Councilman Hammer retired to the dispatcher's office to get the infor- mation. He reported an average of one call per four days during the past month. Apparently none of these calls required or received police action, nor did they create any disturbance in the dispatcher's office. Engineer Keogh reported on the desired location of the flagpole Post Office and outside mailboxes by the Post Office. After some discussion, he suggested giving the Post Office a lease on the full curb -to -sidewalk frontage, and it was the consensus that the Post Office should solve their own problems by selecting desired locations for the items involv The Mayor related the delinquent curb and gutter situation with Curb and gutter the McMullens, who had purchased property from James Hudson and received a no -encumbrance Warranty Deed to the property. The McMullens paid the $285.00 principal amount of the assessment, and the Mayor agreed to excuse the unapid interest of $94.05 and make an attempt to collect it from Hudson. Councilman Hammer made a motion, seconded by Councilman Nightingale and carried, to support the Mayor in this action. An application for a beer license by Robert Landrum, dba. Walnut Beer license Lane Market Place, was submitted to the Council with police approval tor application Utah clearance. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to grant the license. The Council approved a $40.00 expenditure for the Police Basket- Police basketball ball Team. team Building permits Legal fee, airline case Audit report Bills approved Administrator Administrator position ouncilman Nightingale made a motion, seconded by Councilman Adjournment Jacobs and carried, to adjourn at 9:55 P.M. m. Dean ' �.ugald, Mayor ATTEST: W. R.W. Unger,Recorder 164 Regular meeting Attendance Minutes approved Swim Center Rezoning hearing Civil complaint Water service, Grand View Sub- division Robin's Nest Trailer Court Rezoning reques Post Office parking City licensing December 16, 1975 A regular meeting of the Moab City Council was called to order at 7:35 P.M. in the Council Chambers on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs, Hammer, Bonser and Peterson, Councilman -elect Barker, Attorney Ruggeri, Engineer Keogh, Street and Water Supt. Day, several citizens and Recorder Unger. Councilman Nightingale was absent. A motion was made by Councilman Jacobs, seconded by Council- man Hammer and carried, to approve the minutes of the meeting of December 2, 1975 as submitted. Judy Hyita made a personal presentation and bid for paint at the swimming pool, deck, sides and bottom. The paint price was $21.95 per gallon to cover 200 square feet. A nonskid additive would be furnished in addition to any necessary caulking material. The paint is to carry a 5-year guarantee. For application, the surface should be prepared by sandblasting. Application can be made by spray, brush or roller. Of the latter two, standard equipment is not suitable. Reportedly, Flagstaff had used the material, Sav-Cot, in a commercial swimming pool and also had been applied to a pool in Phoenix seven years ago. The Mayor asked for written confirmation of these applications. Although ahead of the scheduled time, but due to the fact that Mr. C. S. Thomson was in attendance, the Mayor presented Mr. Thomson's request for rezoning which had been approved by the Plan- ning Commission. There being no apparent objections, Councilman Hammer made a motion, seconded by Councilman Bonser and carried, to grant the rezoning request. Mr. Thomson asked for a letter of confirmation to him for submittal to the FHA. The Mayor agreed to provide the letter. The point was raised that Mrs. June Tangren appeared to be under the false impression that the City had engaged Attorney Ruggeri to correct the alleged wrongs being done to her by Mr. Lin Ottinger. It was further stated that she had filed criminal charges against Mr. Ottinger through Attorney Benge for the de- struction of property and that she was seeking a restraining order to prevent any further actions by Mr. Ottinger. Attorney Ruggeri stated that any action or results would be up to the Judge. The Mayor stated that he would call her to clarify the matter and attempt to have her keep her emotions under control while in court. County Commissioner Holyoak appeared before Council request- ing water service for lots facing Duchesne Avenue in Grand View Subdivision. He was advised that previously Mrs. Bently had been informed that the requirement established by the Council was that the property owner pay for the cost of a 6" water meter to be installed at the main tap to take water at the county commercial rate with distribution and individual metering to be done by the developer or an organized group of property owners being responsi- ble for maintenance and cnllections in the area being serve. He made a further request that the abandoned Robin's Nest Trailer court be made available for use again as a trailer court. Under the new zoning ordinance, it will not conform. This is about the fourth attempt by a realtor to reactivate the area. The Mayor suggested that it be taken under advisement. Mr. Curtis Young appeared in reference to the Thomson rezon- ing request. When he was informed that the application did not concern his property, he stated that he was not concerned about it and departed. The Mayor stated that he had discussed the Post Office park- ing situation further with Postmaster Knight. It was decided to have Attorney Ruggeri prepare a lease for ground to be used by the Postal Department to reinstall the flagpole and outdoor mailboxes. Councilman Bonser, who had been reviewing the City's licens- ing ordinance, requested some suggestions from the Council. Most of the thrust desired by the Councilmen is to protect local business operations against transient merchants. They object to flat fees as 165 a solution. Councilman -elect Barker noted that the County was making a similar study. Councilman Bonser advised that he had discussed the situation with County Commission Chairman D. L. Taylor. Councilman Hammer said he felt a serious fire problem existed at the Shields' property on North Main Street. The Mayor stated he thought the Fire Department could take action toward removal of the building. Councilman Hammer also said that Recreation Director Richeson had asked for a driveway into the Little League ball field off from Center Street. Other Councilmen pointed out that a driveway exists from 2nd East Street and that a gate there would provide vehicular access to the field. As this was Councilman Hammer's last official meeting, he made a brief departure talk in which he expressed the pleasure of his experience and the enjoyment of working with the present City Council. Councilman Jacobs voiced his frustration in attempts to get clari- fication concerning the use and proper inspection of modular homes. Confirmation of the employment of Inspector Burr by the City of Ephraim was dated 1973. He would like to see this updated. Attorney Ruggeri suggested that a bond be furnished by the manufacturer to the effect that Ephraim -built structures meet the Moab City Building Code, which is the Uniform Building Code prepared by the International Conference of Build- ing Officials. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to ask any manufacturer of this type structure to furnish such a bond, if the inspector who certifies the structure does not meet Moab City requirements. Councilman Peterson had a question concerning the new location of outdoor mailboxes at the Post Office. Other than granting the use of City property at the curb, there did not seem to be any specific infor- mation available. Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, to pay the bills as submitted. It was noted that electrical billings have escalated considerably. Councilman Jacobs made a motion, seconded by Councilman Hammer and carried, to rescind that portion of the minutes of November 6, 1975 in reference to the changing'of insurance carriers for employees' medical and hospital insurance. Councilman Bonser made a motion, seconded by Councilman Hammer and carried, to give water payment delinquents a five-day shut off notice by telephone and follow up with the shut off without any written notice or contact with the customer by City employees. At 10:10 P.M., Councilman Hammer made a motion, seconded by Councilman Jacobs and carried, for adjournment. 71111% an McDougalH, mr; or ATTEST: u fLr1� R. W. Unger, R,Ccorder January 6, 1976 A regular meeting of the Moab City Council was called to order at 7:35 P.M. in the Council Chambers on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs, Bonser, Peterson (late), Barker and Tomsic, Attorney Ruggeri (late), Street and Water Supt. Day, several citizens and Recorder Unger. Engineer Keogh was absent. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to adopt the minutes of the meeting held December 16, 1975, as submitted. Fire hazard Little League ball field Departure talk Building inspections Post Office Bills approved Minutes to be rescinded Water delin- quencies Adjournment Regular meeting Attendance Minutes approved Court ouse light- ing Mr. W. D. McArthur was recognized by the Mayor and sug- gested the need for more exterior lighting around the City - County Building. The Mayor responded that the situation would be investigated. Administrator applications Administrator applicant Administrator applications Robin's Nest Trailer Court Ruggeri joined meeting Rezoning request Ordinance 12-75 Former Councilman Nightingale, who had been appointed by the Mayor to a committee to secure a City Administrator, reported he had received a number of written applications and had inter- viewed two applicants, who came to Moab on their own time and expense. He was anticipating two more interviews in the near future. One applicant, Shane Luck, had written expressing appreciation for his treatment during his visit to Moab for the interview. He also had provided a supplement to his original resume and requested a second interview. Mr. Nightingale indi- cated he was favorably impressed by Mr. Luck. Mr. Nightingale stated that in July, 1975, Mike Sanders had made an application in person for the position. The Mayor announced he had discussed the position by tele- phone with Mr. Thomas H. Barry, an attorney in Florida, who would like to relocate in Moab. Mayor McDougald had a favorable opinion of Mr. Barry. Mr. Nightingale said he would attempt to accelerate the activity. The Mayor suggested holding back on the possibility of receiving some applications from California. County Commissioner, Dan Holyoak, again appeared before the Council in the interest of trying to make the Robin's Nest Trailer Court again available for trailer use. He stated he had showed the property to the two new Councilmen. He alsu stated he had a letter signed by adjacent property owners, who favored his proposed activity. It was the consensus of the Council that the proper route for Mr. Holyoak to take was to apply to the Planning Commission for rezoning. If successful, he should then go to the Board of Adjustment to seek a variance on the area requirements for a trailer park. Attorney Ruggeri joined the meeting at 7:55 P.M. In a previous meeting, a zoning change request from C. S. Thomson was approved by a motion. Councilman Bonser made a motion, seconded by Councilman Barker and carried, to adopt Ordinance 12-75 amending the zoning ordinance,thus making the change official. The ordinance reads as follows: ORDINANCE 12-75 AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1966 AS AMENDED RELATING TO THE OFFICIAL MAP BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 27-5-2 of the ordinances of Moab City, 1965, as amended, relating to the official zoning map of the City of Moab, be, and the same is, hereby amended by the addition of the following: "(C) The following described real property zoned R-4 is hereby rezoned as R-2: That tract of real property at the south end of the Northeast Quarter of the Northeast Quarter of Section 2, Township 26 South, Range 21 East, which lies south of and adjacent to Holiday Haven. "(D) The following described real property zoned RA-1 is hereby rezoned as R-2: North half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 26 South, Range 21 East." PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah this 16th day of December, A.D., 1975. 167 APPROVED: /s/ Wm. Dean McDougald Mayor ATTEST /s/ R. W. Unger City Recorder (SEAL) Councilman Peterson joined the meeting at 8:05 P.M. Councilman Bonser made a motion, seconded by Councilman Jacobs and carried, to adopt Ordinance 1-76, which reads as follows: ORDINANCE 1-75 AN ORDINANCE AMENDING CHAPTER 5, MOAB CITY CODE 1965, AS AMENDED. C+, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY t4 OF MOAB, UTAH: Ca THAT Section 5-1 of the Ordinances of Moab City, 1965, as amended be, and the same is, hereby amended to read as follows, to -wit: "Sec. 5-1. Building Code --Adopted. That certain code establishing rules and regula- tions for the regulation and control of the design, construction, quality of materials, use and occupancy, location and maintenance of buildings and structures, entitled "Uniform Building Code," 1973 Edition, Volume 1, printed as a code in book form, adopted by the International Conference of Building Officials, is hereby adopted, together with all amendments and additions that may here- after be made thereto, as the building code of the city, and by this reference is made a part of this chapter to the same extent and effect as though such code were copied herein in full, except for that portion of the "Uniform Building Code." 1973 Edition, Volume 1, relating to fees, and with respect to fees Section 5-3 is confirmed and approved." THAT the City Council finds and declares that it is necessary for the immediate preservation of the peace, health and safety of this City that this Ordinance take effect upon its passage and publication. , PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 6th day of January, A.D., 1976. ATTEST: /s/ R. W. Unger City Recorder APPROVED: /s/ Wm. Dean McDougald Mayor (SEAL) A memorandum from the Recorder concerning the request of the Interact Club to decorate fire hydrants for the bicentennial without the requirement of having to restore the hydrants to original color at the end of the year was discussed. The possibility of the City's fur- nishing the paint for restoration was also discussed. Councilman Barker made a motion, seconded by Councilman Jacobs and carried, to permit hydrant decoration on Main Street only, but under the same restrictions Joined meeting Ordinance 1-76 168 Vacant lots in subdivisions Evaluation of City assets Appointments Speed limits No. 9 well Police report Water bill delinquencies Applications for Administrator Mill Creek Dam Bills approved Adjournment Regular meeting as the Recorder's letter to the Interact Club specified. Another Recorder memorandum pertained to maps which Engineer Keogh had prepared concerning existing vacant lots in subdivisions. Due to the absence of the Engineer, dis- cussion was postponed. The evaluation of City -owned property and fixtures for insurance purposes was discussed. Councilman Jacobs was to investigate the matter. The Mayor announced appointments to fill vacancies on the Planning Commission and the Board of Adjustment. Kenneth Erbes was appointed to fill the unexpired term of David W. Allen, resigned, which expires on January 1, 1978. Donald Knowles was reappointed to a five-year term to expire on January 1, 1981. He will be the Commission member also serving on the Board of Adjustment. For the Board of Adjustment, Les Erbes was appointed for a five-year term, expiring on January 1, 1981, and Ray Branscom was reappointed for a five-year term, expiring on January 1, 1981. Councilman Dixie Barker was appointed to oversee the Parks and Recreation Departments of the City. Councilman Barker was also appointed as Coordinator on the 5-man board for the Chamber of Commerce, Travel Council and Economic Development Committee, all housed at the Visitor Center. Councilman Marjorie Tomsic was appointed to handle administration, finance, building inspection and health. Council- man Tomsic was also appointed to represent the City on the Grand County Housing Authority. "H" K. Hancock was recommended to serve on the Grand County Mosquite Abatement District, representing the City. Mr. "Slim" Mabery was recognized by the Mayor and stated he felt there was inconsistency in the speed limits and sign locations posted on the highway entering Moab from the south and north. Councilman Jacobs was to investigate. The Recorder was instructed to follow up with the Engineer in securing the pipe required for Well No. 9. Councilman Bonser had an annual report from the Police Department which he circulated to the other Councilmen. Informa- tion on juveniles was deleted. Councilman Jacobs indicated he would like to join Council- man Tomsic and the accounting office to investigate the situation of late payment on water bills and bring suggestions to the Council for corrective measures. Councilman Peterson asked permission to place an advertise- ment in a University of California publication for the City Admini- strator's position. The Council was in accord. He indicated it would take about thirty days to get the ad published and results back from it. The Mayor stated he would set up a closed meeting with the Water Conservancy District in reference to possible Mill Creek water related to the dam construction proposal. Councilman Peterson made a motion, seconded by Councilman Tomsic and carried, to pay the bills, as to be corrected. Councilman Jacobs, made a motion, seconded by Councilman Peterson and carried, for adjournment at 10:20 P.M. can cDougald, ayor ATTEST: R. W. Unger( Recorder January 20, 1976 A regular meeting of the Moab City Council was called to order at 7:35 P.M. in the Council Chambers on the above date by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs, Bonser, Peterson, Barker and Tomsic, Attorney Ruggeri, Engineer Keogh, Street and Water Supt. Day, Chief of Police Dalton, Recorder Unger and several citizens. Councilman Peterson was absent. 169 Attendance The minutes of the regular meeting held on January 6, 1976 were approved as submitted on a motion made by Councilman Bonser, seconded by Councilman Barker and carried. A request for a beer license and cabaret license by Mr. and Mrs. Shelton to be operated under the name of the Hideaway (formerly the Towne & Country Club) was reviewed. The applicants were not present. Mr. Bill Hines representing hemself, Carl Sabo, the Atomic Motel and the Moab Motel appeared in protest of the application. It was his contention that such an operation at that location should be considered a nuisance, it being directly across the street from the library, one block from a school and a source of noise. Mr. Paul Manicia, representing the Tavern Owners Association, also protested the additional license on the basis that there are now ten such establishments in Moab and he believes there is insufficient business to support all of them. He also noted that one such establish ment had been under three ownerships during the past five years. He felt the number permitted should be regulated on a population basis. Councilman Jacobs made a motion, seconded by Councilman Barker and carried, to take the matter under advisement. Councilman Bonser requested a check on the date the Council had previously voted to restrict the number of licenses, information on the date Mrs. Beck had been granted a beer license for the Towne and Countr and also on the date that the Steen license had been issued. A request for a beer license from Mr. Lynn Pauley dba. Silver Dollar was reviewed. Mr. Pauley was present accompanied by Attorney Harry Snow. No police clearance on the application was given. Mr. Pauley apologized to the Council for his condition in previous appear- ances before them. Attorney Snow stated that Mr. Pauley was no longer drinking. Mr. Pauley stated his wife was to operate the business assisted by Mrs. Day. Attorney Snow said Mr. Pauley was employed full time at Atlas Minerals and planned to continue with the employment. Chief Dalton stated Mr. Pauley had no control over customer actions during the previous operation and in his opinion the women would have no greater capacity. Councilman Barker asked how much previous experi- ence Mrs. Pauley had in operating such a business. The response was twelve years and that she was to be assisted by Jerry and Donna Day. Councilman Tomsic stated she could not understand how a woman should be expected to be able to improve on the operation. Councilman Jacobs made a motion, seconded by Councilman Bonser and carried, to deny the request. Mr. Ray Klepzig appeared before Council seeking permission to install a gas storage facility underground in the vicinity of 5th West and Cane Creek Boulevard near where an operating brine well exists. Hs. stated he needed a letter of approval from the City to present to the Utah State authorities to secure state permission for the operation. The truck loading and unloading facility is to be located in a small canyon west of the street intersection. Councilman Bonser made a motion seconded by Councilman Barker, to approve the operation with the pro- vision that no structures would be erected to the south of the loading facility facing Mountain View Subdivision. The motion carried. The Mayor introduced the subject of modular homes as regulated by the zoning ordinance. Mr. Jake Henningson, representing Bunnell Mobile Homes, stated they had not yet delivered any such structures into Moab but needed to know what requirements had to be met. Building Inspector Shaffer had examined a set of drawings submitted by the manu- facturer and had submitted a written list of deficiencies under the Universal Building Code, which is the building code adopted by the City. This list was presented to Mr. Henningson, who said he would check with the manufacturer concerning their capabilities toward meeting the re- quired code. He was also requested to determine why the manufacturer was not a licensed contractor under Utah State regulations. It was the opinion of Attorney Ruggeri that these structures were trailer houses under a different name and that it is the responsibility of the Council to determine the type of homes desired in Moab. Minutes approved Hide Away Hide Away Hide Away Application under advisement Beer licenses Beer license, Silver Dollar Beer license denied Gas storage facility approved Modular homes 170 Parks Dept. budg Husky Service Station Typewriter "Slick Rock" record keeping Typewriter Cars on streets, parking Pickup for Water and Sewer Dept. Building permit Animal control Revenue Sharing Salary increases Bills approved• Senate Bill 22 Flood Control ordinances Adjournment Councilman Barker raised some questions concerning the Parks Department budget, which was discussed briefly. She also had some comments and suggestions for the Mayor when he attends the Utah Power and Light rate hearings to protest the proposed increases on behalf of the City. Councilman Bonser asked what could be done about the demolished building behind the Husky Oil Service Station. Councilman Jacobs stated the fallen trees which wrecked the building had been removed but that no response had ever been received from Husky Oil Company owners in Wyoming concerning the abandoned equipment on vacant ground adjacent to the service station property. He was in doubt that they could be prevailed upon to do other essential cleanup work. Councilman Bonser also announced he had withdrawn his application for the post of City Administrator. Councilman Jacobs stated a typewriter was needed for staff use on the "Slick Rock" project. Since it would only be needed for four or five months, he would consider a used IBM, which could be maintained under contract with the balance of the City -owned machines. It could later be turned over to the Police Department or shop office. He added that the record keeping for this project was satisfactory to the Southeastern Utah Association of Governments and the Four Corners Commission. Councilman Tomsic made a motion, seconded by Councilman Barker and carried, to purchase the aforementioned typal.-iter. Councilman Jacobs stated the amount of old cars on the streets was on the increase, as well as illegal truck parking. In reference to water and sewer, he said the department is in need of a new pickup. The utility fund finances are to be checked in reference to the expenditure. If the fund is deficient, it may be necessary to consider a rate increase. Councilman Tomsic requested a meeting with the Mayor to review her assigned duties. She also had some questions con- cerning zoning regulations under which Ray Alger was denied a building permit to expand a nonconforming building. It was sug- gested that the affected property owners seek rezoning of the property involved. She had also prepared a proposal of a remedy for animal control, dogs in particular. Unfortunately, some of the other Councilmen had previously tried the proposal without success. The Mayor distributed some information on Revenue Sharing and requested a resolution for mailing to Utah Congressmen and Senators, as suggested by the Utah League of Cities and Towns. Councilman Barker made a motion, seconded by Councilman Bonser and carried, to have Attorney Ruggeri prepare the resolution. The Mayor also requested a salary increase Tor Judy Marshall to $550.00 per month and a wage increase for Connie Sheffer to $2.50 per hour. The increases were to be retroactive to January 1, 1976. Councilman Barker made a motion, seconded by Councilman Jacobs and carried, to allow the increases as requested. Councilman Tomsic made a motion, seconded by Councilman Bonser and carried, to pay the bills as submitted. The Mayor requested endorsement of State Senate Bill 22. Councilman Jacobs made a motion, seconded by Councilman Barker and carried, to provide the endorsement pending approval of the City Attorney. Engineer Keogh advised the Council of the need for addi- tional flood control ordinances. On a motion by Councilman Jacobs,_the Council adjourned unanimously at 11:35 P.M. ATTEST Wm. Dean McDougald R. W. Unger, jRec der 171 C� Cti 00 February 3, 1976 A regular meeting of the Moab City Council was called to order at 7 25 P.M., in the Council Chambers on the above date by Mayor Wm. . Dean McDougald. In attendance were Councilmen Jacobs, Bonser, Peterson, Barker and Tomsic, Attorney Ruggeri, Engineer Keogh, Chief of police Dalton, Street and Water Supt. Day, Recorder Unger and a number of citizens. The minutes of the regular meeting held on January 20, 1976 were approved as submitted on a motion made by Councilman Bonser, seconded by Councilman Barker, and carried. Copies of a letter submitted by Jacque and Bill Shelton in sup- port of their request for a Class 1 beer license were distributed to the Councilmen. A copy of the letter is included below in these minutes REQUEST FOR CABARET AND CITY BEER LICENSE LOCATION: Back of Arches building (Formerly known as the Town & Country Club) Gentlemen, It is not our desire to run or operate a private -type club in these facilities, as had been done in the past. Our plans are to make a dinner -dance club type of operation, and to cater, serve, and accomo- date a noon luncheon for business people, tourists, and etc. We plan to fix the facilities up for a supper club, where local residents and others will have some place they can be proud of to bring their wives and other guests to enjoy a nice supper, as well as dance. It is our desire to periodically have a band to add to the enjoyment of patrons, and to run a clean, well -supervised facility. It is our intention to keep down as much noise as possible and to invite any boisterous or trouble -makers to leave. We are agreed to cooperate with our surrounding neighbors with any noise and parking problems. We feel that this is a growing community, and that it would be an asset to have this type of operation in Moab. We will cooperate with local law -enforcement officers and other officials in every way possible to see that a legitimate and well -run operation will be run. We have both been raised in Moab, and wish to start a business that we feel will better our community. We feel that a nice place to dine and dance will be something Moab will be proud of. We are sorry that we missed the last City Council meeting, but we were unaware that we were to be there to present our side in this matter. We would appreciate any consideration in granting this request. Sincerely, Jacque and Bill Shelton Verbally Mrs. Shelton supported the need for a Class 1 license to control the exclusion of underage patrons. Joe May stated that in 1974 when he was called in for a special meeting with the Council con- cerning problems related to his establishment he understood that the Council took a stand against issuing any more Class 1 beer licenses. The Mayor had a copy of the minutes of this special meeting, dated August 26, 1974 which stated that it was the consensus of the Council that no new licenses should be issued. However, no formal action had been taken in that respect. The point of inadequate parking for the proposed location was raised. Mr. Shelton stated that the Food Town parking area was at their disposal and patrons would be directed to it by signs and announcements. Joe May stated he could see no need for an additional (or replacement) Class 1 license or a cabaret license. Councilman Barker then read the above -noted letter from the Sheltons. Joe May made the statement that the City of Price was issuing licenses on a population basis. Mrs. Shelton said there was no other operation available in Moab such as they were proposing. The Mayor suggested using a Class 2 license and enforcing age limits as other food establish- ents do. Joe May siad that restaurants serving beer have no problems. Ralph Miller, Jr. spoke in behalf of the Sheltons because of his interest in leasing the building and stated he was making the Food Town Regular meeting Attendance Minutes approved Beer license application 12 Beer licenses Beer licenses Beer license request Application for beer license approved Beer license approved Beer licenses Well pipe bids Crane Supply Co. bid approved parking lot available. Someone remarked that the City of Price was not necessarily a good example to follow. Another remark was that the T & C location was one of the original entertain- ment spots in Moab. Ralph Miller pointed out that the restric- tion of numbers by population could also apply to other businesses. The Mayor countered with the statement that a beer license was a privilege and not comparable to a regular business license. Mr. Mancina spoke in favor of restricting numbers, adding that he would welcome a good restaurant, but that running a cabaret and selling beer would make it impossible to do a good job of serv- ing food. Councilman Peterson stated he understood most prob- lems occurred after the 2 A.M. closing hour. Mrs. Beck said there were not as many problems as people have been led to believe. The discussion reverted back to the early days of the century when the location under discussion was the site of the Woodman's Hall, a popular entertainment spot. The adjacent neighbor, Bill Hines, stated he would have no objection to the place if it were properly operated. This was a different stance than he had taken at the previous Council meeting. The Moab Motel representative stated her greatest objection was the park- ing situation and the noise of people getting into their cars. When asked, Chief of Police Dalton said the City Council could regulate the parking. Mr. Shelton said he had talked to the neighbors and that their prime concern was noise after 2 A.M. Mrs. Beck said that since she had stopped operating the facility many people had asked, "When will the T & C reopen?". Councilman Barker asked that the request again be taken under advisement as the Council had learned nothing about regu- lation by population. Mrs. Shelton asked if a holder of a Class 1 license sold out, would the new owner be denied a license under the population - regulation recommendation. Ralph Miller said he felt the applicants should get a yes or no answer without awaiting further study. He also commented that the discussion could go on indefinitely. Because she felt there was no real guiding regulation in existence, Councilman Tomsic made a motion to grant the license. Councilman Barker seconded the motion on the basis of the applicants proving their capabilities and the Council making a study for future guidance. Councilman Peterson voted in favor of the motion with the stipulation that the applicants be fully aware that if problems developed the license would be revoked. Councilman Bonser voted no. Councilman Jacobs abstained from voting. The Mayor announced that a similar situation still existed, at which time he informed the Council concerning an application from Donna M. Day dba. Silver Dollar for a Class 1 beer license. Councilman Tomsic made a motion to permit for the same reasons as above. The motion was seconded by Council- man Peterson and carried, with Councilman Jacobs abstaining. Councilman Barker made a motion, seconded by Counciim.^ Tomsic, that the Council not consider any future beer license applications until a Council study had been made. Councilman Jacobs abstained. As the vote resulted in a tie, the Mayor voted, voting yes. Bids as follows for pipe for No. 9 well were opened by Councilman Jacobs: Waterworks Equipment Company W. R. White Co. Double N Weston Co. Mountain States Waterworks Co. Crane Supply Co. Folsom & Associates Combined Supply & Plastics Corp. Grand Junction Pipe & Supply $2,596.25 2,495.75 2,797.25 2,345.00 2,227.75 2,933.00 2,509.92 2,680.00 A11 quotations were delivered prices. Councilman Jacobs made a motion, seconded by Councilman Peterson and carried, to accept the low bid of Crane Supply Co. subject to engineering approval of specifications. Councilman Jacobs opened bids as follows for a 3/4-ton pickup cab and chassis for the Water Department: Gaither Chevrolet and Pontiac $4,100.00 (No delivery date specified) Peterson Ford $3,986.00 (Delivery 4-6 weeks) Councilman Bonser made a motion, seconded by Councilman Barker, to accept the low bid of Peterson Ford. Councilman Peterson abstained from voting. Councilman Jacobs stated he had approved the canceling of sewer fees for Campark in December of 1975 and January of 1976, due to the business being closed during one month and a lack of business during the other month. The practice was questioned in relation to the method of handl- ing charges for similar operations. The Mayor appointed Councilmen Jacobs and Tomsic to make a study of the situation and to recommend a procedure to be adopted by the Council for instruction to the water and sewer billing department. It was the feeling of Councilman Bonser that when an operation is open for business they should pay the regular fees. M David May appeared before Council representing the Southeastern da Utah Fine Arts Guild. He stated they were forming a new group to be 00 known as the Bicentennial Chorus, who wished to sponsor a performance A of the Utah Symphony in Moab. The contract cost for the Symphony is U $1,000.00. The sponsoring group has exhausted their funds which ',ad V been built up in past years by volunteer subscription and expended for previous concerts. The scheduled date this year would be in seven weeks, which would not allow much time to organize and operate a fund drive. Assistance was requested from the City in the amount of $400.00 to offset an anticipated deficit. Discussion was held concerning the facilities (high school gymnasium) in which the concert is to be held as well as admission prices. The Council recommended an increase in admission prices as a means of reducing the possible deficit. Council- man Bonser made a motion, seconded by Councilman Peterson and carried, to allow up to $400.00, if needed, with an increase in admission fees. Mr. Doug Ames of Town TV introduced Mr. Don Lyndon, newly employed by Town TV as a microwave expert and to be involved in main- tenance of the cable distributing system. Mr. Lyndon explained that some of the recent problems experienced in TV reception were the result of effects of temperature changes on microwave transmission. The microwave license of the telephone company will expire in February 1977, at which time, or prior to which, the parent company, United Cable, plans to have their own microwave system in operation. Tower sites have been selected and will require EPA and BLM approval. One long span in the telephone company system will be reduced to two shorter spans, which should reduce the temperature effects on transmission. Mr. Lyndon, who has been here only two weeks, said that some maintenance of the cable system had fallen in arrears and he was attempting to catch up on work which needs to be done. Mr. Kenneth Bailey, representing Hal -Ken Homes of mondcello, builders of one-piece modular homes, appeared before the Council seek- ing permission to move a second unit, nearing completion, into Moab. Distrihjtion of these units is done through A11 American Realty Co. There has been a question of this type unit meeting the Uniform Build- ing Code, which is the building code adopted by Moab. Mr. Bailey stated that an FHA inspector makes two inspections during a unit con- struction for FHA and VA. A memorandum on this type of inspection was submitted to Council prior to this meeting. He added that the Monti- cello City Building Inspector also inspects construction. Monticello is planning to join the International Conference of Building Officials (author of the Uniform Building Code) and get its inspector accredited as a Class A inspector under the building code regulations. One home was recently delivered to Moab from this plant without the ICBO certification tag of approval. Getting it off the manufacturer's truck was somewhat of an emergency necessity, so the Mayor directed our Building Inspector to approve its acceptance. The manufacturer con- tends that he builds two at a time and has the second one nearly com- pleted, so for economic reasons he was requesting Council permission to deliver it. He stated that no further homes would be built without the required inspection for Moab but hopes he will not have to lay off any of his crew awaiting Monticello clearance with the International 173 Bids for pickup Peterson Ford bid accepted Sewer fees Sewer fees Symphony TV Moaular homes, Hal -Ken Home approved Modular home Permit granted Holiday pay Traffic semaphore Mill Creek Drive bridge Police Executive session Cleanup Duty assignments Playground equip- ment Swim pool Bills approved Air service Conference of Building Officials. Mr. Bailey stated his homes are built with the same quality construction as if built on the homesite location. He prefers using the City's or other outside inspectors rather than being involved in the conflict of interest situation should he or any of his employees be delegated to place approval on a structure. His next unit will be ready for delivery within ten days, but a permit is needed for foundation. Councilman Bonser made a motion, seconded by Councilman Barker and carried, to permit this second unit without ICBO certification. Roy Maki and Jake Henningson appeared before Council in reference to a permit which had been refused for a two-piece home purchased by Mr. Maki. He was issued a basement permit with the provision that the building be certified prior to use. This unit was manufactured in Ephraim, and there has been no indication that certification would be available from there. Mr. Maki stated he had visited the factory and was satisfied with the construction without certification. Councilman Barker made a motion, seconded by Councilman Bonser and carried, to issue the permit with the understand- ing that Mr. Maki would accept the structure at his own risk and not hold the City of Moab liable for any defects. Mr. Maki agreed. Additionally, the motion stated that any manufacturer bringing prebuilt homes into Moab must be certified as meeting the Uniform Building Code. Councilman Bonser introduced a discussion on pay pract;_,.s for holidays. It was his contention that City policemen should receive holiday pay, meaning regular rate of pay for a holiday not worked, and the same for a holiday worked plus regular pay for working. This appeared to meet the approval of the Council. There was no motion or vote concerning it. He stated his belief in the need for a traffic semaphore on Main Street at 3rd East. It was his intention, following discussion, to approach the Utah State Department of Transpor- tation Com issioner,Sam Taylor, concerning the problem. Councilman Bonser requested information on the status of bids for the Mill Creek Drive Bridge project. He was advised that Grand County is handling the project. Councilman Bonser stated Chief of Police Dalton was attempting to secure one trained police officer to fill a vacancy in the department. This would save the City considerable money relating to the training program in addition to the fact that the Utah training facilities are about 14-months behind in being able to accept enrollments. Councilman Jacobs stated he felt the Council should hold executive sessions prior to open meetings concerning beer license applications, with the same practice to be allowed in reference to making contributions. Councilman Peterson brought up no new problems but took over the files on nuisance problems from the Recorder. Councilman Tomsic had no commentary except to request an audience with the Mayor to check out the duties of her various areas of assignment. Councilman Barker stated Rod Phillips had some playground equipment he would donate for park usage. It was suggested that she seek the approval of the State Safety Inspector before accept- ing the equipment. She requested information as to whom she should turn to secure information on funds for the parks and swimming pool. Councilman Bonser assisted her by showing her a copy of the budget. Councilman Barker made a motion, seconded by Councilman Jacobs and carried, to pay the bills as submitted. Councilman Jacobs said he was scheduled to attend a meet- ing in Salt Lake City on February 5, 1976, about air service subsidies. The Mayor requested the Council pass a resolution to the Public Service Commission in protest of granting the final 40% of the 19% rate increase requested. The City Attorney will be requested to draft the resolution. 175 Resolution Councilman Bonser made a motion, seconded by Councilman Barker, Resolution to have the resolution prepared along with an audited statement of increased costs to the City. The meeting adjourhed at 11:00 P.M. by mutual consent. Adjournment ATTEST. R. W. Unged, Recorder Wm. February 17, 1976 The regular meeting of the Moab City Council was opened in the Regular meeting 00 Council Chambers at 7:30 P.M. on the above date. Councilman Jacobs M was presiding. Ca Mayor McDougald entered the meeting and reported that of the Administrator U five persons selected as potential administrators all responded favor- applications ably as having a continued interest in their applications. He then departed to participate in the public hearing regarding City and County consolidation. McDougald, May r In attendance were Councilman Jacobs, Peterson, Barker and Tomsic, Attorney Ruggeri, Street and Water Superintendent Day and Recorder Unger. Absent were Mayor McDougald, Councilman Bonser and Engineer Keogh. The minutes of the regular meeting held on February 3, 1976 were approved as submitted on a motion made by Councilman Peterson, seconded by Councilman Tomsic, and carried. Chairman Jacobs recognized Dr. B. A. Broughton, representing the local chapter of the Utah State Humane Society. Doctor Broughton introduced Mr. John Fox, Chief Investigator of the Utah State Humane Society. Mr. Fox's subject was a coyote incident which occurred recently in Moab. He presented a letter covering the subject and re- quested the City to amend its animal control ordinance to include coyotes and other wild animals noted in the letter. A copy of the letter is inserted as a part of these minutes. February 17, 1976 Mayor William D. McDougald Moab City Council Moab, Utah 84532 Dear Mayor McDougald: A recent incident involving the injury of a 2 2 year old boy by a coyote, being confined as a pet, has prompted the Society to request the Council to consider reevaluating local ordinances. The Humane Society of Utah believes that most wild animals make unsuitable pets under virtually all circumstances. Very few individuals are equipped to properly maintain wildlife in the home environment. We define wildlife as being any animal not genetically controlled over long periods of time and spanning many generations of the species, thereby becoming domesticated and adaptable to the human environment. In all cases we are opposed to the keeping of wildlife that w111 suffer by capture and confinement in the "so called pet category". There would be little question as to the conflict of maintaining wild- life which are potentially harmful or dangerous as transmitters of Attendance Minutes approved Humane Society disease or attackers of man, based on the inevitable disenchant- ment with such animals. 17ci Humane Society (continued) Animal ordinance Administrator selection Commendation to be written to Nightingale Although Utah State Statutes do not prohibit the indi- vidual confinement of certain species of wildlife, under re- stricted circumstances, including the coyote, there are statutes declaring wildlife to be the property of the State (Section 23-13-3). In addition it is unlawful for any person to utilize wildlife as a commercial venture for monetary gain. This makes it illegal for individuals to sell wildlife in the majority of instances (Section 23-13-3). We would suggest amendments to your local Ordinances prohibiting the future confinement of wildlife by Moab residents. This could be accomplished by simply adding a definition of wild animals and section regulating such. For example: Definition - WILD ANIMAL: Any live monkey (non -human primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warmblooded animal which can normally be found in the wild state; Section - KEEPING OF WILD ANIMALS: (a) No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animals exhibitions, or circuses. (b) No person shall keep or permit to be kept any wi12 animal as a pet. Although there may be a question as to constitutionality of prohibiting the retainership of citizens who currently own coyotes, etc., provisions to register such could be made currently, therefore giving the City a record on which to enforce the new Ordinances. If we may be of further assistance please feel free to contact our office. With kindest regards, /s/ Lonnie L. Johnson Executive Director LLJ/jb It was stated that the Humane Society has an interest in protecting animals as well as humans and further that if a public officer cannot kill an animal he must cite any known situations. Mr. Fox said he thought Moab has a good animal ordinance, in which citizens can file a legal complaint against an animal owner pertaining to nuisances. Councilman Tomsic asked about the use of tranquilizer guns to capture an animal. Mr. Fox explained that tranquilizer usage has to be carefully controlled in relation to the size of the animal but that traps can be used satisfactorily. He thinks the local veterinarian is doing a good job with the dog pound in that he has been quite successful in fi—ling homes for stray dogs. Councilman Jacobs reviewed the City animal ordinance and said he would entertain a motion for the City Attorney to update the City ordinance to include coyotes and all wild animals. A motion to so act was made by Councilman Barker, seconded by Councilman Tomsic, and carried. Former Councilman Nightingale, who was on the administrator selection committee, appeared to discuss, if necessary, the progress in this search. He was informed concerning the special Council meeting on the previous day and the results therefrom. Councilman Barker made a motion, seconded by Councilman Tomsic and carried, to commend Mr. Nightingale on his efforts and to write him a letter of commendation. Mr and Mrs. "Curley" Jones appeared to renew previous complaints about the operation of the Hitching Post. Councilman Jacobs stated he had been by there at about 11:00 P.M. on the previous Saturday. He stated the parking situation was bad but that he was not aware of any undue noise reaching the street. Mr. Jones said that at 1:00 A.M. that same night he could hear the music (noise) in his bedroom, which is on the opposite side of the building from the Hitching Post. The Joneses said that Farmers, neighbors on the opposite side, had called the police about two weeks previously to get the noise curtailed. This was not checked on the dispatcher's record. Mrs. Jones stated a 16-year old, son of the operators, was drummer in the orchestra and not only beats loudly but also yells and whistles. She questioned the legality of his presence in the place. This question was not answered. Mr. Jones showed some pictures he had taken of cars parked on the lot belon. ing to the beauty shop. Councilman Barker commented that parking is a problem both on private property and on marked City streets. Councilman Jacobs stated that the business operator cannot control parking or noise outside the business building. Further than canceling the cabaret license might be a problem. However, canceling the beer license might help relieve the situation. Mr. Jones said the situation is now worse than it was a year ago when he started complaining. Councilman Peterson commented that the beer license had been originally issued to Hank's Billiards, then again to the Hitching Post when the business changed hands. Attorney Ruggeri emphasized a beer license can be revoked with- out cause but that it would probably put the operators out of business. Councilman Peterson asked if such an operation could serve setups with- C7 out a beer license. Attorney Ruggeri responded in the affirmative. di The Attorney indicated he thought it would be necessary to hold a hear- M ing to revoke a cabaret license. Councilman Barker said she felt that C.?a businessman is obligated to meet any agreements he made in reference V to the conduct of his business. Councilman Peterson voiced the opinion that removal of the beer license would not stop the cabaret, which seems to be the source of most of the problems. Councilman Tomsic asked if the City has a noise law. Attorney Ruggeri answered yes, but enforce- ment would require a hearing. Councilman Tomsic also asked if it were necessary to call the police to have behicles towed away from private property. Councilman Jacobs responded that tow away from posted private property did not require police action, but that their presence might be a good safety factor for a citizen so involved. Councilman Peterson made a motion to postpone a decision until the next Council meeting, when there would be the possibility of the Mayor and a full Council being present. Councilman Barker seconded the motion. There was no vote taken. Councilman Jacobs recommended that an executive session be held within a week to try to reach decisive action. The Joneses said they wanted the record to show that they were not the only complaint - ants, though no others were present at this meeting. Councilman Jacobs stated that the business patrons are unruly rather than the operators. Councilman Barker made a motion, seconded by Councilman Tomsic and carried, to hold a special meeting, specifically on the subject of the Hitching Post problem, on Tuesday, February 24, 1976 at 5:30 P.M. Councilman Tomsic made a motion, seconded by Councilman Barker and carried, to approve a resolution to be prepared by Attorney Ruggeri for submission to Utah State officials in conjunction with the South- eastern Utah Association of Governments concerning building inspections of "manufactured homes". Councilman Peterson stated he understood that Dennis Byrd and Tenneco could be receptive to selling shares of the Moab Irrigation District to the City of Moab if the City could bond sufficiently to cover the cost. Councilman Jacobs said he supported the objective, but with a thoroughly adequate investigation. A motion was made by Councilman Peterson, seconded by Councilman Tomsic, and passed to approve Resolution 1-76 regarding Revenue Sharing, which reads as follows: Resolution 1-76 A RESOLUTION IN SUPPORT OF GENERAL REVENUE SHARING WHEREAS, the Congress of the United States saw fit to pass into law the State and Local Fiscal Assistance Act of 1972 (General, Revenue Sharing) in order to provide additional funds to general purpose units of governments of all sizes, and WHEREAS, state, county and local governments, including ours, have been recipients of these funds, and 177 Hitching Post Resolution re. manufactured homes Moab Irrigation District Resolution 1-76 - Revenue Sharing 1_78 Resolution 1-76 (Continued) WHEREAS, we have used the funds received to benefit the residents of our community through the pro- visions of additional services, the construction of public facilities and utilities and the purchase of equipment that otherwise would not have been possible without a significant tax increase or increase in our level of bonded indebtedness, and WHEREAS, it would not be possible for our com- munity to continue to offer the level of services now being provided,nor continue the community development efforts we have begun without the funds we have received by virtue of the General Revenue Sharing, and WHEREAS, Utah statutes provide that cities and towns must set the budgets, hold public hearings on the same, and adopt the budget setting forth the source of their expected revenues and the purposes for which they will be spent prior to July 1 of the fiscal year for which the adopted budget is intended, and WHEREAS, Utah statutes also require that cities and towns set the tax levy through which a major por- tion of their municipal government's general fund revenues are derived on or before the second Monday of August in the year preceding the year in which the revenues are received, and WHEREAS, the General Revenue Sharing Act will expire on December 21, 1976, if the Congress of the United States does not take immediate action to reen- act the existing law and fund it at its present level if not higher, and because local governments such as ours cannot properly plan for the continuation of pro- grams already begun without severe adjustment both in terms of final policies and numbers of personnel employed unless revenue sharing is reenacted. We, the governing body of Moab City, therefore; RESOLVE to actively work for and support the efforts of those local, state and national organi- zations who desire to see the General Revenue Shar- ing Act of 1972 reenacted in its existing form using the existing formula basis for distribution of funds to local governments. BE IT FURTHER RESOLVED that we, the elected governing body of Moab City go on record this 17th day of February, 1976, as urging the members of Utah's Congressional Delegation, to wit, Congressmen K. Gunn McKay, Allen Howe, and Senators Edward (Ted) Moss and E. J. (Jake) Garn, to seek and work for passage of a bill reenacting the General Revenue Sharing Act of 1972, as soon as possible and preferably prior to March 1, 1976. BE IT FURTHER RESOLVED that we, the elected governing body of Moab City will make our desires and needs known to the residents of our community and to the public at large by widely circulating this document and by taking whatever action is deemed necessary and/or desirable. BE IT FURTHER RESOLVED that we, the elected governing body of Moab City will send certified copies of this Resolution to the members of the Utah Congressional Delegation at their respective offices in Washington, D. C. Passed this 17th day of February, 1976. /s/ Wm. Dean McDougald, Mayor (SEAL) ATTEST: /s/ R. W. Unger, Recorder Councilman Keith Peterson Councilman Marjorie Tomsic Councilman Harold Jacobs Councilman Dixie Barker Modular home inspection Building inspec- tion Contractor's license Beer licenses Tree removal Street in Mtn. View Salary for dump maintenance Rate increase approved voiced against this on the basis that the Juveniles would be too young for this type of work. The recommendation was to contact local professional painters for job estimates. Building Inspector Shaffer had left a note for the Council concerning his trip to Monticello for the purpose of inspecting a Hal -Ken home being built there for use in Moab. Councilman Tomsic reported on the note, which in essence stated that Shaffer had started for Monticello in the morning of March 2, 1976 encountered stormy weather and returned to Moab. After he caught up the work accumulated at his office, he started to Mon- ticello again. He traveled 111 miles and was gone 3 2 hours. He was unable to locate the plant manager but did find his son. The house to be inspected had been completed beyond the point of inspection and another house had been started. He was informed that the completed unit and the one being started were both intend- ed for the Moab Market. A motion was made by Councilman Barker, seconded by Council- man Tomsic and carried, to instruct the City Building Inspector to continue factory inspections of modular homes being built foh the Moab market, expense to be billed to the builder. Councilman Tomsic made a motion, seconded by Councilman Bonser and carried, to have any contractor applying for a City business license produce his State Contractor's License and that the number is to be checked against the State of Utah Roster of Contractors. As in the past, the State license number is to be recorded on the City license stub. Mr. and Mrs. Mancina of the Wagon Wheel appeared and requested information on their previous recommendation, recorded in the minutes of February 3, 1976 concerning the limiting of beer licenses on a population basis. Mr. Mancina made the state- ment that Price City limits beer taverns to one per 800 popula- tion. He also made the statement that Huntington, which has had considerable growth due to construction of a power plant, has only one outlet. Councilman Tomsic took issue with this stating that she had counted four businesses there with tavern signs. Mr. Jay Axtell appeared before Council to protest the removal of trees near the Taylor property for the purpose of extending McGill Boulevard through to 5th West Street. He had removed thirteen trees from his property and felt he had been unjustly treated. It was pointed out that he removed the trees of his own volition and had been given a sewer connection by the City for so doing. He also complained about a fence at the corner of McGill and McCormick making a blind corner for traffic. He further stated that when McGill is opened the traffic will produce a dust problem. He was assured that the street would be barricaded until paving was done. Later Councilman Jacobs pointed out that the trees re- moved by Mr. Axtell were on his own property, whereas the trees by Taylors are in a dedicated street right-of-way. How- ever, between the south end of Mountain View Drive, which was extended by a housing developer east to Highway 163, a passahiP roadway had been graded which would produce a dust problem. Since there is no known additional development planned for that area, paving would be out of the question. Barricading in this instance was also suggested, but Street Supt. Day pointed out that prior to the grading work a trail had existed which would no doubt continue to be used. It was indicated that if a proper barricade were made there would be adequate room to turn around ac the end of Mt. View Drive, making the other route unnecessary, although it might be desirable to some people. Councilman Jacobs stated that the private hauling of trash to the dump has increased to the point that at present costs it is impossible -for Lynn Day to keep up with pushing the material off and leveling the area. He would like to increase Mr. Day's pay rate by $50.00 per month for a period of two or three months, as temporary relief. Councilman Bonser made a motion, seconded by Councilman Peterson and carried, to increase the rate to Mr. Day from $200.00 to $300.00 per month from March 1, 1976 until the end of the present budget period. 6LT Councilman Tomsic made a motion, seconded by Councilman Peterson Bills approved and carried, to pay the bills as submitted. At 8:40 P.M., Councilman Barker made a motion, seconded by Councilman Peterson, to adjourn to permit those interested to attend the public hearing on City -County consolidation. The meeting thus adjourned. . Dean 'ciouga d, Mayo ATTEST: Unger, ecord R. W. er March 2, 1976 A regular meeting of the City Council was called to order by Mayor Wm. Dean McDougald in the Council Chambers on the above date at 7:00 P.M. in closed session for the purpose of intgrviewing Mr. Paul Fischer from Ripon, Wisconsin concerning his application for the posi- tion of Gity Administrator. In attendance were Councilmen Jacobs, Bonser, Peterson, Barker and Tomsic, Attorney Ruggeri, Engineer Keogh, Recorder Unger and Street and Water Supt. Day. At 7:30 P.M., the meeting was opened to the public. Councilman Jacobs made a motion, seconded by Councilman Barker and carried, to approve the minutes of the meeting held February 17, 1976 as submitted. Mr. and Mrs. Spinks, representing the Hitching Post, appeared before Council. They were advised that their situation was still under advisement as the Council had not yet completed its study. A memorandum from the Recorder concerning control of the use of Council Chambers by other than civic groups to minimize or eliminate usage by philosophical, religious or possibly controversial groups was discussed. It was the opinion of the Mayor that usage should be limited to governmental units such as State, County or City. Councilman Jacobs voiced opposition to usage for possible controversial organizations, but noted that some beneficial civic organizations have used the chambers without any criticism related to controversies. The Mayor sug- gested that to avoid conflicts of need reservations should be made by organizations of benefit to the community no longer than two days prior to the proposed meeting. Councilman Jacobs suggested taking the matter under advisement for further study. Mr. W. D. McArthur appeared as a director of the local humane society and brought up a previous discussion in Council concerning dogs. It was his opinion that through the Council some people had gained tha impression that the Humane Society was opposed to animal control. In his mind, this being a misconception, he wished to correct it. He also stated that at the Elks Club were two men, Tom Davis and Bill Ecker, on an overnight star during a horseback trip from Texas to Alaska to be co pleted by July as a part of the bicentennial observance. It was Mr. McArthur's opinion that the men should receive a welcome from a City official. The Mayor volunteered to make an official welcome later in the evening. Councilman Barker announced that Mary Rees was being employed to do exterior painting at the swimming pool, bleachers and buildings. Councilman Bonser said that although he had not inspected the pool he thought that its interior might require an acid wash prior to being painted. Councilman Jacobs said he would like to have the pool inspect- ed by a local cement contractor with the consideration of plastering the walls and bottom of the pool. Councilman Bonser recommended securing an estimate of the cost of plastering the walls and bottom of the pool. Councilman Bonser recommended securing an estimate of the cost of pool reconditioning from Mays Swimming Pool Co. in Salt Lake City. It was suggested that juveniles under work assignments with Mr. James Walker be used to paint the interior of the main building. Councilman Bonser Adjournment Regular meeting, closed session Attendance Public meeting opened Minutes approved Hitching Post Council Chambers Humane society Painting at swim pool ° R I Councilman Barker mentioned the letter of notice from the Utah State Department of Health for a public hearing on the request of the City for a time extension on the dump burning permit. Her concern was whether the public hearing was being adequately advertised so the publi would and could attend. Councilman Jacobs stated that on January 24, 1974 the City had requested and was granted a one year time extension, without receiving any written conformation. The Mayor requested an additional year, which is to be the subject of the public hearing March 23, 1976. As the State Health Department called the hearing, it was the consensus of some Councilmen that the obligation of advertising was the responsibility of that department. Councilman Peterson made a motion, seconded by Councilman Jacobs and carried, to pay the bills as submitted. Councilman Barker again noted the public hearing scheduled for waste disposal and stated that written comments were to be submitted by March 9, 1976. Advertising of the hearing was again discussed. Some additional discussion was held with Mr. Paul Fisher, who is being interviewed for City Administrator. The Mayor invited the group to lunch on the following day to continue the discussion. By mutual assent, the Council adjourned at 10:05 P.M. ATTEST: R. W. Unger, Recorder /.ULu..a Wm. Dean McDougall, ligyor March 16, 1976 A regular meeting of the Moab City Council was called to order at 7:30 P.M. by Councilman Harold Jacobs in the absence of Mayor Wm. Dean McDougald. In attendance were Councilmen Bonser and Tomsic. Councilmen Peterson and Barker were absent. Also in attendance were Attorney Ruggeri, Engineer Keogh, Street and Water Supt. Day, Deputy Recorder Judy Marshall, Mr. Glenn Bunce, Mr. Don Braughman, and Mr. Lee Wangs- gard accompanied by Cub Scout Dens 1 and 2, Pack 316. Councilman Tomsic made the motion the minutes of the regular meeting held March 2, 1976 be accepted as submitted. The motion was seconded by Councilman Bonser and carried. Letters were mailed to both Livingston Painters and Molina's Painting Service in Moab calling notice to an ad in the Times -Independ- ent on March 11, 1976 and requesting bids to paint the interior and exterior of the Moab Swim Center. The only bid was received from Molina's Painting Service. They bid $2,606.16 to paint the interin" girl's dressing area, boy's dressing area, employee's area and entrance walls, ceilings, pipes and benches; two coats of paing applied where needed; all sanding, scraping and patchwork included. They also bid $1,056.80 to p..int the exterior eaves and block walls, swimming pool building only, labor and materials. Total bod for interior and exter- ior painting was $3,663.96. Councilman Bonser made the motion the bid from Molina be accepted with the stipulation that work be completed by May 15. The motion was seconded by Councilman Tomsic and carried. Mr. Glenn Bunce of the Moab City Golf Course introduced Mr. Don Braughman, the newly hired golf pro at the golf course. Mr. Bunce requested permission from the Council to raise green fees at the golf course. Mr. Bunce proposed raising the fee for 18 holes from $3.00 to $3.50, the annual green fee for single membership from $100.00 to $125.00, rate for the second single membership in a household from $125.00 to $150.00, and family membership from $150.00 to $175.00. Permission was also requested to raise the fee for 9 holes from $1.50 to $2.00. The increased fee rates were estimated to bring an additiona $2,000 to $3,000 income. Mr. Bunce also requested financial assistance from the City of Public hearinng,L burning at dump Bills approved Public hearing Interview con- tinued Adjournment Regular meeting Attendance Minutes approved Molina's bid to paint Moab Swim Center accepted Golf fees Financial assistance 82 financial Asst by City for Golf Course Golf Course directional signs Cub Scouts attended meeting Hitching Post Beer license Beer license Hal -Ken home Waste water quality pro- gram Tomsic curb L gutter assess- ment Time certifica deposit $2,500, as they had to buy a new Jacobson tractor with a front- end loader. Councilman Bonser made the motion, seconded by Councilman Tomsic and carried, that the increase in green fees be permitted. Councilmansic made the motion the request for financial assistance from the City be taken under advisement with consideration at the time the new budget is prepared. The motion was seconded by Councilman Bonser and carried unanimously. Mr. Bunce also requested fertilizer from the City of approximately 20 tons for the coming year. Councilman Jacobs stated the City would have to obtain bids. Mr. Bunce stated he had asked Mayor McDougald about put- ting up signs on Highway 163 directing traffic to the Moab Golf Course and was informed a request had been made to the Utah State Highway Department. Mr. Lee Wangsgard thanked the Council on behalf of the Cub Scouts attending the meeting for the invitation to observe the Council meeting, and the Scouts departed at 8:00 P.M. Mr. Clinton Spinks asked if the Council had made a de- cision and was told the situation was still under observation and also that a decision would not be made without the full Council being present. Councilman Bonser stated he had called the City Managers or Recorders,of.seven cities in Utah of comparable size to Moab. The only city called which regulates the issuance of beer li- censes on the basis of population was Price, which permits only one license per 800 population. Councilman Bonser further stated he would formulate an ordinance within the next two or three weeks for consideration. Councilman Jacobs stated he believes the situation war- rants a special meeting being called of the Council and individ- uals involved. Mr. Delbert Oliver stated the City of Monticello has joined the International Conference of Building Officials and that the next Hal -Ken home to be brought to Moab would bear the ICBO certificate stating it is built according to ICBO standards. He also stated the Monticello City Building Inspector has taken all instruction offered by the ICBO and was in the process of being certified as an ICBO inspector. He further stated the Monticello City Building Inspector works for the City of Monticello and not for Hal -Ken Homes. The consensus of the Council was that because as yet the Building Inspectors in Utah are not certified by the State they would prefer to have Cecil go to Monticello to make a personal inspection of each house to be brought into Moab. They asked Cecil be informed when electrical and plumbing systems are roughed in and walls are up to go to Monticello to inspect the home and then make a final inspection at the home site. Councilman Tomsic asked that if a home is found to be in violation of any ICBO standard that it be tagged on site and for Cecil to see that the problem is corrected. Courtney Brewer was introduced by Councilman Harold uacobs. Mr. Brewer stated he is in charge of a waste water quality pro- gram for a three -county area funded by the Environmental Protection Agen The plan is designed toward the goal of having all water fishable and swimable throughout the United States by 1983. Mr. Brewer had just completed interim reports but stated the reports were not too significant until further monitoring is done for comparison purposes. The report was to be given to Harold Jacobs the following week. Councilman Tomsic presented a copy of a letter her husband had written to the Southeastern Utah Title Company stating they had obtained a clear title to their property and had received title insurance and that they therefore felt the curb and gutter assessment against their property was the responsibility of the title company. e Councilman Tomsic also reported City Treasurer, Maxine Smith, requested permission to reinvest $107,375.00 from the General Fund account in a time certificate of deposit if the Coun- cil was not anticipating any major expenditure in the near future. Permission was granted. Councilman Tomsic stated she had received a letter from a citizen complaining about unsightly conditions at four Moab residences; that of Lyle V. Palmer at 747 North 5th West, Kenneth Key at 277 East 1st North, Fred Noyes at 217 Tusher and Jerry Croasmun at 541 East 2nd South. Unsightly S 3 condition Councilman Jacobs stated a request had been received to Barricade barricade Dogwood Avenue in the new Mountain View Subdivision Dogwood Avenue extension because of noise from motorcycles and dust as the roac had not been surfaced. Engineer Keogh is to check to see if it is a dedicated street. Councilman Jacobs stated Mrs. Ocea Edwards, caretaker at the Old City Park had requested the use of a truck to haul trash. He stated he had purchased an old pickup truck for her use. Mrs. Edwards salary had been $50.00 per month plus trailer space, water, electricity and telephone. Councilman Jacobs requested Mrs. Edwards' salary be increased to $200.00 for the month of April through October. Councilman Bonser made the motion, seconded by Councilman Tomsic and passed, that the wage recommended by Councilman Jacobs be paid. Councilman Jacobs further stated he would like to put c,J Mary Rees on a yearly salary and get her to help read water meters. Permission was granted on a motion made by Councilman CrJ Bonser, seconded by Councilman Tomsic, and passed. U By mutual consent, the meeting was adjourned at ln•n5 P.M. ATTEST: Wm. Dean McDouga , Mayo Marshsh i�� Recorder April 6, 1976 A regular meeting of the Moab City Council was called t order at 7:30 P.M. in the Council Chambers by Mayor Wm. Dean McDougald. In attendance were Councilmen Jacobs and Barker. Also in attendance were Attorney Ruggeri and Engineer Keogh. Marian Narans and Bill Adair requested the Council take action to stop the developer from continuing work on Hillside Drive until the problem of changing terrain is corrected. It was pointed out that the subdivision was platted before the new ordinances on subdivisions were passed. The Mayor informed the citizens the City was not the proper enforcement agency to take action but rather that the court should settle the problem. He also recommended property owners join together and request an injunction against the developer. Councilman Jacobs was to call Don Peterson at the State Building Office on the matter. Dan Holyoak and Troy Black requested three additional Fire hydrants fire hydrants at the following locations near City boundaries; (1) Holyoak Lane near Thompson Body Shop, (2) near Jake Hen- ningson property on Mill Creek Drive, and (3) Power House Drive. Troy Black also thanked the Council for Revenue Sharing money received by the Grand Valley Fire District last year. Dan Holyoak asked the City to write a letter of permis- Old City Park Mrs. Edwards - Salary increase Mary Rees - Yearly salary Adjournment Regular meet- ing Hillside Drive development Moab City Disposal Plant IC, Disposal Plant City Dump Dave Bretzke introduced Insurance Water pressure problems Ramada Inn Adjournment Regular meet- ing Attendance Minutes approved Sp. Valley Water & Sewer District Electric ser- vice to No. 9 well sion for use of the Moab City Disposal Plant to process County sewage if the Spanish Valley District goes through. The number of additional families to be serviced was estimated between 300 to 500. The City Disposal Plant was designed to handle 10,000 families. A letter of permission is to be written. Mr. Scharf asked permission to conduct a salvage business from the City Dump. He was informed that the future of the dump it uncertain and a decision would need to be postponed until after further air quality meetings. New City Administrator Dave Bretzke entered the meeting and was introduced. Fred Stoye, representing Travelers Insurance Group, asked the City to consider using a local insurance carrier for group hospital insurance. Insurance would include $4,000 life insurance on employees and $1,000 life insurance on their spouse. The basic hospital plan would cost male employees $29.90, with dependents $88.38; and female employees $43.52, with dependents $88.38. It was pointed out that residents who had sustained a loss from water pressure problems had been instructed to turn in a written statement at the City offices if they planned to submit a claim. Attorney Ruggeri suggested the news media alert the public of a short statute of limitations. Engineer Keogh pointed out the lack of a pressure relief valve in the area behind the Ramada Inn. Jud The meeting adjourned by mutual consent at 10:00 P.M. ATTEST: m. Dean McDougald,/ ayor vairai Mar"shb11 Recorder April 20, 1976 A regular meeting of the Moab City Council was called to order in the City Council Chambers by Mayor Wm. Dean McDougald at 7:35 P.M. In attendance were Councilmen Jacobs, Bonser and Tomsic. Absent were Councilmen Barker and Peterson. Also in attendance were City Administrator - Recorder David Bretzke, Engineer Keogh and Deputy Recorder Judy Marshall. The minutes of the regular meetings held on March 16 and April 6 were approved on a motion made by Councilman Tomisic, seconded by Councilman Bonser and passed. Linda McKinney, representing the Spanish Val;:, Water and Sewer District, requested relinquishment to the County of the approximately 130 existing water connections in the County now serviced by the City at the time a water system is established in Spanish Valley. She further stated Dan Holyoak had requested on behalf of the Water and Sewer Improvement District a contract itemizing costs from the City fo the District if and when the City Sewage Treatment plant collects and treats the Improvement Dis- trict's sewage. Following considerable discussion, Councilman Bonser made a motion that the request be studied through a pro- fessional source and that recommendations be made following the study. The motion was seconded by Councilman Tomsic and approved unanimously. An Electric Service Agreement was submitted for Council approval by the Utah Power & Light Company to provide service to No. 9 well pump near the Golf Course in Spanish Valley. Councilman Bonser made a motion, seconded by Councilman Tomsic and passed, that the Electric Service Agreement be approved. A Certi ica a of Minutes form was also submitted by the power company and is to be completed and returned. Brenda Clark, owner of the Dairy Freeze, 304 East Center, Dairy MA asked the Council if there is a City ordinance either allowing or forbidding people from vending merchandise on City streets and City rights -of -way. She stated she was mainly concerned that mobile vendors be required to park at least an equal dis- tance from schools and the Ball Park as their establishment. She stated she did not believe it was fair competition for vendors to use public lands for private enterprise. A determination was to be requested from the City Attorney. Mr. Robert Gilmore brought to the attention of the Coun- Retaining wal• cil that a local contractor had been constructing homes in the Walker Sub Walker Subdivision at the end of Locust street and was building homes on a higher level than the normal terrain and created a fill. City Administrator, David Bretzke, informed the Council the contractor had been advised to construct a proper retaining wall, which would be required to pass inspection. Councilman Tomsic informed the Council regarding a pro- "Bill bugs" blem with "bill bugs", which had spread to several lawns in her neighborhood, including her own. The bugs had recently been seen at the Helen M. Knight Elementary School, and Councilman Tomsic pointed out the possibility of their spreading to the City Park. Mr. James Stevens, the Extension Agent in Monticell was to be contacted regarding chemical control of the bugs and also to request an education program through local news agencie Councilman Jacobs stated he had received a complaint P & L Tank from a citizen regarding the parking of a P & L Tank Service Service U truck on Main Street in front of the owner's home. Also thr^ fiber glass septic tanks were located in the owner's carport. A letter was to be written to Mr. Parmenter asking him to desis Councilman Jacobs stated Mr. Mays from the Mays Swim Pool Moab Swim Co. in Salt Lake City had recently inspected the Moab Swim Center in - Center at the request of former City Administrator, Dick Unger, spection Mr. Mays advised that the pool was in need of extensive repair. He estimated the cost of needed reconditioning and modernizing between $10,000 and $12,000. He recommended changes also be made in the kiddie pool. As it was late in the season, Mr. Mays recommended the needed repairs and patching for this sea- son be made through a local contractor and that bids be receiv- ed in the fall to repair and modernize the pool. Modernizing costs are to be considered at the time the new budget is pre- paNed. Councilman Tomsic made the motion, seconded by Council- man Bonser and passed, to proceed with the needed repairs for this season before t e pool opens. Unsightly accumulations of trash were noted in the Trash accumu- yards of a couple of local residences as well as use of a City f lations right-of-way for storage and parking by another individual. Itt was the consensus of the Council that the residents and property owners be advised to clean up the properties to avoid legal prof ceedings. Councilman Jacobs informed the Councilmen of damage to f vandalism at table tops at the City Parks, apparently caused by individuals City Parks picking up the cement tops and letting them fall on the ends hard enough to crack the cement. He noted the Lion's Club was czipleting two cement tables and benches at the Old City Park. He had also talked to Bud Lincoln regarding the possibility of the Lion's Club casting tops for the damaged tables at the City Park. The Council was in agreement to pay for the mat- erials if the Lion's Club would cast the tops. A discussion was held concerning citizens scattering material in their way to the dump because it was not tied down. Councilman Bonser stated he would advise the Police Chief to inform his officers to issue tickets to persons so involved. Pete Byrd initiated a discussion regarding his offer to the City to sell shares of the Moab Irrigation Company owned by himself and Tenneco. He stated he would like a decision to be made as soon as possible. As two Councilmen were not in attendance, Councilman Jacobs recommended a special meeting be called to discuss the proposal. The special meeting was sche- duled for April 27, at 5:30 P.M. City dump road Moab tion Irriga- Co. Ci y6Sales Ta,x Water pressure loss claims Memorandum of Agreement Bills approved Adjournment Mayor McDougald stated complaints had been received re- garding some County residents and companies who were refusing to pay City sales tax on materials purchased in the City. County customers were to be informed by merchants that County customers should be required to pay City tax on purchases picked up by customers within the City. It was pointed out that the i of 1% required by the City is not a tax but rather a gross business license. Claims for losses due to recent water pressure problems are to be delivered to the City's insurance company for a determination. Claims are to be submitted in dollar figures. The Memorandum of Agreement between the City of Moab and David J. Bretzke was reviewed as well as the City Administrator job description, which is to be made a part of this agreement. Following recommended changes, Councilman Jacobs recommended a vote be deferred until the special Council Meeting scheduled for April 27, when hopefully all Councilmen would be present. The bills were approved as submitted on a motion made by Councilman Tomsic, seconded by Councilman Jacobs and passed. The meeting was adjourned by mutual consent at 11:05 P.M. ATTE :� 9 Wm Dean McDougald, M David J, B Recorder MEMORAROUM Date: April 27, 1976 To: Moab City Councilmen From: David J. Bretzke Subject. Change in definition of City Administrator Change in Memorandum of Agreement re.City Administrator Change in definition of City Administrator: or I would recommend we leave Section D and E as originally submitted by Councilman Bonser, but adding an additional sentence in Section D as follows: "The above listed department heads shall be delegated the authority to employ or terminate employees under their direction with the concurrence of the City Administrator." The other change as suggested at last week's Council Meeting was on Page One, Paragraph 6, the word increased be changed to reviewed. approved Travel approval Dogwood Avenue led to 's ker and e City Ruggeri Byrd's tion had uture, re- er to he ap- uncil- . Mo- ng need- throom k walls. ng, approved jli•n I•'• and n made won a motion made by Councilman Bonser, secondergr&Incilman Barker and passed. City Administrator, David Bretzke, requested travel ap- roval for himself and Street Superintendent Day to attend the p5th Annual Streets & Company Roads School to be held in Cedar ity, Utah May 6 & 7, 1976. Permission was granted. Discussion was held regarding complaints received by pro- erty owners on Dogwood Avenue with reference to noisy motorcycles And dust from the unpaved street. It is a legally dedicated, un- improved street. The street had been graded and opened at the re- quest of Fire Chief Troy Black. The general consensus of the Coun- cil was to barricade the street from general traffic but con- tructed so that it could be broken through without difficulty if needed for fire fighting. Attorney Ruggeri entered the meeting at this time, 6:25 P.M. Dogwood Ad`eu7 The necessary repairs at the Moab Swim Center were dis-Moab Swim cussed. The Council agreed to authorize Tam Lowry to make the repairs necessary repairs, to cover the rough spots and to patch tiles where needed. Councilman Jacobs departed from the meeting. The Councilmen agreed employees should work through their supervisiors and the department heads should report to David Bretzke. sent. The meeting was adjourned at 6:45 P.M. by mutual con - e Wm. Dean McDouga J. Br ke David , Cit f Recorder d , or May 4, 1976 A regular meeting of the Moab City Council was called to order in the City Council Chambers by Mayor Wm. Dean Mc- Dougald at 7:30 P.M. In attendance were Councilmen Barker, Bonser, Peterson and Tomsic. Councilman Jacobs was absent., Also in attendance were City Administrator - Recorder Bretzke, Engineer Keogh, Police Chief Dalton and Street -Water -Sewer Superintendent Day. The minutes of the regular meeting held on April 20 approved on a motion made by Councilman Bonser, seconded by Councilman Peterson and passed. The minutes of the special meeting held on April 27 approved on a motion made by Councilman Bonser, seconded by Councilman Peterson and passed. Alfred Richens, Traffic Technician, and Kenneth Adair, re- presenting the Utah Department of Transportation, Price, Utah, were present to discuss the February 10, 1976 request by former Administrator R. W. Unger for a traffic study to determine if a traffic signal was warranted at the intersection of 3rd South and Main Street. In a letter addressed to Bretzke dated April 20, 1976, this study had been conducted and the signal study indicated that at the present time the volume at this intersec- tion was not sufficient to warrant a signal. Mr. Richens and Mr. Adair discussed the reasons why a traffic signal was not warranted at this time. The study was conducted on March 23, 1976, and the said study revealed the traffic did not warrant a signal as outlined in the Manual on Unif:.,•m Traffic Control Devices, which is the guideline the State uses. There are eight different warrants for signal con- trols outlined in this manual. If any one of these warrants is met, then a signal may be considered. None of these warrants were met by the study. Twenty to twenty-five locations through the State of Utah are warranted for traffic signals per year, but State budgetary restrictions only allow eight to twelve to be in- stalled per year. The State provides funds fo traffic signal lights for high accident rate intersections as first priority projects each year. The traffic engineers indicated that a tray ffic signal is not a safety device, but it was more of a con- [ venience for moving vehicles. It tends to cause more accident& at an intersection. Center Jacobs departed Department heads report to Bret- ke Adjournment were wer Regular meeting Attendance Minutes approved Minutes of special meet- ing approved Traffic study Traffic signal not warranted Traffic signals Moab has three signalized intersections which were not Traffic signals 1,114 warranted by today's standards when orginally installed. The Center Street & Main Street intersection has finally met a warrant for a traffic signal light. The other two do not war - ant a signal at this time. There are no plans to consider re- fnoving these other two signals. Traffic signals) The Utah Department of Transportation representatives indicated that if the City came up with the money for signals, something may be worked out. Signals on spanned wire cost around $12,000. Mast arm type signals cost between $20,000 and $40,000. 3rd So & Main The City Council indicated the main concern was vehicles Negotiating a left-hand turn from 3rd South onto Main Street. Speed zones Reduced speed zones coming in on South Main Street would heed additional traffic engineering studies, and Chief Dalton Was not in favor of reducing the speed limit. Speed limits are geared to be of benefit to the motoring public. Speed zones are enerally set at speeds where 85% of the public travels in a specific location. Study of center Councilman Bonser requested that the Utah Department of yield lane Transportation conduct a study concerning the possibility of a penter yield lane on South Main Street at 3rd South. City Ad- Ininistrator Bretzke was instructed to write a letter to Mr. ames L. Deaton, District Director, to conduct a study. The tudy is to determine how far the left turn lanes would extend award 1st South and south of 3rd South to channel the traffic t 3rd South and South Main Street. is signals Public hearing A public hearing was held concerning a change in zoning re rezoning from R-2 to G-4 on property owned by Ellen M. Alger, dba A & E A & E Electric Flectric and Edward L. Tomsic, dba Ed's Plumbing & Heating lo- and Ed's Plmbg sated on the following described property: Beginning at a point & Heating shish bears north 269.0 ft. from the southeast corner of the plE; of the southeast ; of Section 35, T25S, R21E, S.L.B. & M., preceeding thence west 331.0 ft., thence north 207.0 ft., thence east 331.0 ft., thence south 207.0 ft. to the point of beginning, located at 635 & 637 North 5th West. Zoning amend- ment approved Ordinance No. 2-76 bNo citizen voiced opposition to said zoning amendment. q motion was made by councilman Peterson and seconded by Goun- ilman Barker to rezone the above -described property. Council- man Tomsic abstained from voting on the motion, due to involve- ment in the ownership of the property in question. The motion was approved unanimoulsy. Ordinance 2-76 reads as follows: ORDINANCE NO. 2-76 AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1965 AS AMENDED, RELATING TO THE OFFICIAL ZONING MAP BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 27-5-2 of the Ordinances of Moab City, 1965, as amended, relating to the of- ficial zoning map of the City of Moab, Be and the same is, hereby amended by the addition of the fol- lowing: "(e) The folliwing described real property zoned R-2 is hereby rezoned as C-4: Beginning at the point which bears North 269.0 feet from the Southeast Corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Meridian; proceeding thence West 331 feet; thence North 207 feet; thence East 331 Feet, thence South 207 feet to the point of beginning. Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah this 4th day of May, 1976. /s/ Wm Dean McDougald, Mayor 189 C*� TN 00 Q V (SEAL) ATTEST: /s/ David J. Bretzke, Recorder Lynn Day, Street -Water -Sewer Superintendent, mentioned that he had not given permission to anyone to install a 42" chain link fence to within 5 ft. of the curb on 3rd East street, immediately south of East Center Street. There was a discussion concerning a private individual using the public street for storage on Cliffview Street at 4th North, on the west side of the street. Chief Dalton spoke to the City Council and stated that complaints on nuisances were handled by his department where they involved public right-of-way and that nuisance complaints on private property were handled by the Building Inspector. Chief Dalton mentioned he had a recent meeting with Councilman Bonser and City Administrator Bretzke. The Police Department will work with Lynn Day to install one -hour parking signs in the central business district on side streets. The Utah Department of Transportation is responsible for all signs on Main Street, a State highway. Administrator Bretzke said he would request by letter the upgrading of existing signs and additional signs by the Utah Department of Transportation as soon as possible. Chief Dalton gave a progress report on four complaints given to him at a recent City Council meeting. The City Administrator indicated that the County Com- missioners had requested the City to prepare an agreement for consideration by the Spanish Valley Water and Sewer District for the disposition of the existing 130 water commections out- side the City limits and also the handling and treating of san- itary sewage from Spanish Valley. The City Administrator suggested that he contact Nielsen, Maxwell, and Wangsgard, Consulting Engineers, to re- quest an estimate for preparing alternate agreements for water as it relates to the existing 130 customers and separate alter- nate agreements concerning the handling and treating of the sar itary sewer. The City Administrator felt that the consulting engineers would be in a better position to suggest various al- ternatives for said agreements. The Council suggested that the 1980 E.P.A. regulations should be a part of the agreement, as it relates to upgrading the existing treatment plant. If the plant needs enlarging at a future date, then the customers of the Spanish Valley Water & Sewer District should share proportionately in the costs volved. Councilman Peterson requested approval of an expend- ture of 960.00 and $30.00 for a portion of the prize money a- warded to contestants in the recent clean-up campaign. Said bills were included in this week's list of bills to be paid. Councilman Peterson also requested funds for flowers to be planted on Main Street on Saturday, May 7. Councilman Peterson indicated that suggestions were in order to replace Mr. Willis Hansen on the Shade Tree Committee. Karla Hancock's name was suggested. Mayor McDougald said he would contact her. Ordinance No. 2-76 Chain link fence Use of public street for storage Nuisance com- plaints One -hour parking signs Progress report by Chief Dalton Sp. Valley Water & Sewer District Nielsen,Maxwell & Wangsgard, Consulting Eng., to be contacted 1980 EPA regula- tions should be part of agree- ment Prize money for clean-up cam- paign Flower funds requested Karla Hancock uggested for Shade Tree Comm. Councilman Peterson said the City had 38 Ash trees Planting and which need planting as soon as possible.- He also inquired about spraying trees the spraying of trees to eradicate the tent caterpillars. The City Street Department was using a weed spraying rig to spray 190 Trees Spraying ma- chine cost Salary study needed Pool opening Bicentennial program Law enforce- ment panel Beer license Beer license Beer license Bill bugs Bills rees in the City Park and at the Visitor's Center. Mayor McDougald recommended that the City Administrator heck into the cost of purchasing a larger spraying machine to pray trees throughout the City with the use of Revenue Sharing unds. The Council unanimously supported the idea. The Council discussed the need to study salaries of all unicipal employees. Mr. James Wiseman suggested a Blue Ribbon Panel of citizens to help the City Administrator conduct a sal- ary survey. The Council suggested that Councilman Tomsic, Mr. Bud Lincoln and Mr. James Wiseman work with the City Administrator on this committee. Councilman Barker stated that the opening date of the Swimming Pool would be May 29th and that the City had advertized for a summer Swimming Pool Manager, hoping that said individual would start sometime around May 17. Councilman Barker also stated that a Bicentennial pro- gram will be held in the City Park on May 22 and that she hoped the performers could use the bath house at the pool for changing costumes. Mayor McDougald suggested holding another law enforce- ment panel similar to meetings held in the past. The various judges, Police Dept. and Sheriff's Dept. personnel should be invited to attend as well as School Superintendent Meador, Principals of the Junior High and Senior High Schools and adult and juvenile probation officers. The meeting was scheduled for 7:30 P.M. June 14, 1976. The City Administrator was instructed to inform all persons mentioned above. Councilman Barker brought up a discussion of restrictive beer licenses based on population, one license per 1,000 popu- lation, as the current census would indicate. City Attorney Ruggeri stated that the State Statute clearly states that beer licensing is a privilege granted by the State Legislature to allow cities to grant or deny this privilege at the will of the City Council after they have granted a license. After considerable discussion, the Council decided that the present policy would remain as is and that they would give it further consideration at a later date. Councilman Tomsic inquired about the Bill Bugs in citizen's lawns. City(Administrator Bretzke said he thought that the Extension Agent had submitted a press release to the press, but realized that the press release was for tent caterpillars instead. He said he would ask the agent again for information. approved The City bills were approved for payment on a motion by Councilman Tomsic, seconded by Councilman Barker and passed. Dogwood Avenue A discussion of Dogwood Avenue on the south side of Moun- improvements tain View Subdivision which extends easterly to South Ma.. areet, south of Millers' store. The City Engineer was requested to deter- mine costs for improving said street to include paving, salting, grading, etc. or barricading. A request for a street cut was made by the Utah Power & Light Co. for the new BLM offices at 200 South & 100 West street. The City Administrator indicated he would see if powerlines could be relocated instead of cutting the street pavement. The Council approved the proposed heliport at the BLM on a motion made by Councilman Bonser, seconded by Councilman Barker and passed. The meeting adjourned at 10:30 P.M. Street cut request BLM heliport approved Adjournment ATWm. Dean McDougal David J. y Recorder May 18, 1976 A regular meeting of the Moab City Council was called to order in the Council Chambers at 7:45 D.M. by Councilman Jacobs in the absence of Mayor McDougald. In attendance were Councilmen Barker and Peterson.. Also in attendance were City Administrator David Bretzke, Engineer Keogh, Public Works Superintendent Day, Police Chief Dalton and Deputy Recorder Judy Marshall. The minutes of the regular Council meeting of May 4, 1976 were approved on a motion made by Councilman Barker, seconded by Councilman eP eson and passed unanimously. Pam Walston representing Canyonlands Kennels and Shar on Guymon representing Grand County 4-H requested permission to hold a dog show in June 5 at the Moab City Park from 8:00 A.M. to 12:00 Noon. They stated they expected from 100 to 200 animals in the show. They would clean-up after the show. They also requested permission to set up booths for 4-H Club demonstrations. Councilman Jacobs stated he would like the full Council to be present to make, the decision, and a deter- mination was postponed until later in the meeting. Mayor McDougald entered the meeting and presided over the remainder of the meeting. Police Chief Dalton requested permission to allow Pol- ice Officer Valdon Teeples to attend a Drug Seminar on May 28 & 29 in St. George, Utah. Valdon Teeples is the Secretary of Region VIII. Councilman Jacobs made the motion to permit Val - don Teeples to attend the seminar. The motion was seconded by Councilman Barker and carried unanimously. It was suggested he take a City police car or travel with other officers from the Southeastern Utah area to reduce expenses. Fire Chief Troy Black, Bill Hines and Royce Henningson representing the Grand Valley Fire District, requested consid- eration be given to the Fire District when budgeting Revenue Sharing funds. Fire Chief Black stated Grand County had a- greed to purchase a $32,000 pumper truck and requested funds from the City with which to purchase equipment needed to make the truck operable. He stated equipment needed to operate the truck properly would cost approximately $7,190.00 Chief Black explained that the District had been re- classified in the last year from a Class 7 to a Class 5 and that their goal is to achieve a Class 4 rating. 191 Regular meeting Attendance Minutes approved Dog show Mayor McDougald arrived Officer Teeples granted permis- e'on to attend Drug Seminar Fire District requested funds for additional equipment for pumper truck Fire District goal of Class 4 rating Mr. Hines explained that the Fire District was increasL Fire District ing its mill levy from 1i mills to the maximum allowed of 4 increasing mills but that additional revenue was needed to purchase equip- mill levy ment. Mayor McDougald explained Revenue Sharing money for this year had already been budgeted and that the future of the Revenue Sharing program is uncertain but that if the program is extended the Fire District's request would be considered. Chief Black asked the status of the three hydrants prei viously requested by the District to be ordered by the City fof use in the County. The County is to reimburse the City for the cost of the hydrants. Councilman Jacobs stated the hy- drants had been ordered. Chief Black pointed out the need fort additional hydrants near the Visitor Center and the MiVida pro; perty. It was decided that if one hydrant were placed between the two locations it may service both areas. Councilman Barker requested an increase in pool fees for the coming season as follows: Increase in child.fee (walk- ing to 11 years) from 25t to 35t, student rate (12 years to 18 years) from 35t to 50Q.and adult fee from 75¢ to $1.00. Sen- ior citizens (60 years and over) are to be admitted free. In- creases in individual season passes from $10.00 to $12.50 were also requested. An increase was suggested in swim lesson fees1 from $5.00 to $7.50 for 15 lessons of 50 minutes each as well as an increase in the group rental of the pool to $30.00 an Revenue Sharing_ already bud- geted Fire hydrants Pool fees increased 192 New pool fees and salaries approved Tree sprayer Dogwood Avenue baricade Tem' to tre shr MO di NoV bat Co ve Ci Hoy tou g a BI1 hour to include cost of a municipal lifeguard. Municipal lifeguards only may be used. Councilman Barker also re- quested permission to pay the Pool Manager $700.00 per month and the Assistant Manager $600.00 per month. The above salaries are to include any lessons which may be taught by the Managers as well as any additional hours which may be required to adequately supervise and operate the Swim Center. The above -listed pool fee schedule and salaries were adopted on a motion made by Councilman Pet- erson, seconded by Councilman Barker and passed unanimously. The possible purchase of a new sprayer to spray City trees was discussed. Information received showed an adequate sprayer to cost between $8,000 and $10,000. Some chemicals require a licensed operator to apply them, but it was pointed out that a City employee could be trained to apply the chemicals. It was agreed that the City would be responsible for spraying City trees only and that cit- izens will have to use a commercial service. A copy of a memorandum prepared by City Engineer Keogh was distributed showing cost estimates of several surfaces which could be applied to Dogwood Avenue in the Mountainview Subdivision. Following discussion of the al- ternatives, Councilman Barker made the motion the street be barricaded until such a time as the development of the sub- division dicated the need for it. The motion was seconded by Councilman Peterson and harried unanimously. MEMORANDUM ` Date: May 18, 1976 To: City Council From: John Keogh Subject. Dogwood Avenue, Alternative estimates of cost to improve 270' of street. 90 yd. X 13 yd. = 1170 sq. yd. 1 To grade only - less than one day grader @ $12.00/Hr. = $100.00 2. To place 2" gravel - 1170 sq. yd.X 1/18 yd. = 65 yd. @ $4.00/yd. = $260.00 Grade = 100.00 . iNTUO 3. To grade, place 4" base, place 2" bit. surface, C & G 40-3 = 37' wide X 270' long = 9990 sq. ft. @ 40¢ = $3,996.00 270 X 2 = 540 lin. ft. curb b gutter @ $4.00/ft. = 2,160.00 $6,15b.00 4. To barricade * - 2 - 6" X 6' pipes2' bury 2 Eye bolts @ BOO 50' chain @ $2.75*/ft. Padlock $ 50.00t 1.00 137.50 2.00 190.50 2281 ft. of street exists between above and Highway 163 besides Miller's Shopping Center. 5/11/76 Brine available @ Doxol (Williams Energy) Plant north of town for no nfore than 10d bbl. Cost would be time and equipment (sprinkler truck b grader), probably one day for each. No cost yet available for bituminus seal - Need about 60 gal Bitumul (Chevron Re product or equivalent). in At K. E. McDougald has reclaimed oil for dust control @ 28¢t/gal. Jacobs, Peterson and Tomsic. Also in attendance were Enginee Attendance` 9 3 Keogh, Street and Water -Sewer Superintehdent Day, Building In spector Cecil Shaffer, Police Chief Dalton, Administrator -Re- corder David Bretzke and Deputy Recorder Judy Marshall. In attendance for a portion of the meeting were Ray O. Walker, Jay Bell and Wayne Mulcock, representing Utah Power & Light Co., and Connie Caouette. The minutes of the regular Council meeting of May 18, 1976 were approved on a motion made by Councilman Jacobs, seconded by Councilman Peterson and carried unanimously. Mr. Ray 0 Walker, representing the Utah Power & Light Company, reminded the Council their franchise would expire in August of this year. He stated their company would like to request a 50-year franchise like the one which is expiring. A proposed franchise, letter of application and letter of ac- ceptance were submitted by the Power company officials. It was explained to the company officials that two other utility franchises recently adopted had included a franchise tax of 1 % and that the Utah Power & Light Company will be considere for a franchise tax. The City Councilmen and power company officials agreed upon a 33-year franchise. Discussion was held regarding the cutting of street pavement to install service lines. Mr. Walker also explained that their installations are based on overhead installation rates. If installations are made underground, the customer and subdivider must pay the difference between overhead and underground installation costs. The power company requested permission to have their Power company legal department draft another franchise for consideration by franchise the Council. Copies of the present TV and gas franchises were provided to use as a guideline where applicable. Connie Caouette stated he had been asked by members of the Chamber of Commerce to ask whether the City has an or- dinance to prevent people from raising gardens in the City right-of-way between the street and the sidewalk. He sited a residence on 1st North between 1st East and 2nd East where a garden is growing in the right-of-way. He also stated lum- ber has been piled in the right-of-way for four months. City Administrator Bretzke was instructed to ask the residents to clean up the right-of-way. Councilman Peterson was directed to research the situation and to draw up an ordinance as to what property owners can grow or place in City dedicated rights -of -way. Councilman Barker requested $140.00 to help send four School on drugs people to a 5-day school on drugs and alcoholism to be held a and alcoholism the University of Utah. She -stated the school is very helpful in setting up local programs and that the people who have re- quested scholarships to attend the school are involved in the local Alcoholics Anonymous Association. The expenditure was approved on a motion made by Councilman Bonser, seconded by Councilman Peterson and approved unanimously. Councilman Barker stated she was still receiving com- plaints of disturbances at the Hitching Post. It was agreed to advise any future complaintants to sign a formal complaint at the City Attorney's office. The bills were approved as submitted in the amount of Bills $4,517.47 from t e General Fund and $20.26 from the Slick Rock, fund. The bills were approved on a motion made by Councilman Barker, seconded by Councilman Peterson and carried unanimously. City Administrator Bretzke informed the Councilman that Richard Peay, Court Administrator, had been requested by Judge Grist to speak to the Council in his behalf. He was advised that the Court Administrator would be permitted up to a 20-minute presentation at a regular Council meeting. Mr. Bretzke further informed the Councilmen that Con- sulting Engineer, Art Maxwell was scheduled to attend a meet- ing of the Spanish Valley Water and Sewer District on June 7 Minutes approved Utah Power & Light Co grante 33-year fran- chise Power installa- tion costs Raising of gardens in City right-of-way 'Court tor R speak Hitching Post disturbances approved Administra Peay to to Council Art Maxwell, Consulting Eng. i 4axwe1l Special Assess- ment #2 Additional lots requested for Grand Vu Park Subdivision Thompson Subdi- vision sewer system Bob's Sanita- tion contract Landfill site selection Landfill site selection Landfill site development Shade Tree Commission Adjournment Special meeting and would make himself available upon request to the Council- men that evening to discuss the City's water problems. City Administrator David Bretzke stated Marvin Cleav- er had informed him he had received a billing in reference to Special Assessment #2. Mr. Cleaver had informed him that when the approach to his driveway located at 141 East 100 North had been poured it was made the wrong elevation and had to be cor- rected by Mr. Cleaver. Mr. Cleaver had informed him he had pre- viously been before the Council and that the assessment had been abated. Mr. Bretzke was instructed to draft a letter stating that this action had been taken. Mr. Ralph Keys requested to tap 21 additional lots into a 6" cast iron line on San Carlos Drive and Duchesne Avenue in Grand Vu Park Subdivision. He was instructed to contact Mrs. Bentwood as the 6" pipe belongs to her. The request was taken under advisement for further study. Discussion was held regarding Mr. Cecil Thomson's re- quest to tie his proposed 28-lot "Thomson Subdivision" into an existing private 8" sewer line at Holiday Haven Mobile Home Park. Inspection of the present sewer line by TV camera was discussed to assess its condition. Because of the age of the sewer line, Councilman Jacobs stated he felt Mr. Thomson should get another right-of-way and go another route to the sewer. Councilman Jacobs made the motion the City not sanc- tion connecting the 38 homes in the Thomson Subdivision to the existing Holiday Haven sewer system. The motion was seconded by Councilman Peterson and passed unanimously. City Administrator David Bretzke stated the present garbage contract with Robert Hawks, dba Bob's Sanitation would expire June 30, 1976. He pointed out that Mr. Hawks is concerned about going to a new dump location as his costs would increase. Discussion was held regarding the possibility of extending the present contract for one year. Mr. Hawks would like to have a weight limit per customer established. Mayor McDougald stated he had attended a meeting of the Utah Air Con- servation Committee in Salt Lake City on May 27, at which time the Committee granted Moab City a variance from the Open Burning regulations, Section 2.1, Air Conservation Regulations, until June 1, 1977 for the City's dump. The following conditions are set forth as a part of the variance: 1. A report of sanitary landfill site selection efforts must be submitted to the Committee by September 1, 1976. 2. Final site selection for a new landfill must be made and a report of the site selection submitted to the Committee by January 1, 1977. 3. A schedule for development of the new landfill site and achieving compliance with the Open Burning Regulations must be submitted by June 1, 1977. Mr. David May and Mr. Richard Buehler were appointed to the Moab Shade Tree Commission for 5-year terms to expire June 1, 1981. The meeting was adjourned at 10:30 P.M. on a motion made by Councilman Jacobs, seconded by Councilman Bonser and 22.125.1. e 2L9Zt G avid J. et ke, R order Wm. Dean McDouga d, M la or June 7, 1976 A special meeting of the Moab City Council was held in the City Administrator's office in the Courthouse at 7:30 P.M. Mayor Wm. Dean McDougald and Councilmen Barker, Peter Attendancl son and Tomsic were present. Also attending were Public Work Superintendent Lynn Day; Building Inspector Cecil Shaffer, Ci y Engineer John Keogh, City Administrator -Recorder, David Bretz ke; developers Charles Zucherman, Walter Pugh and Cecil Thom- son; Real Estate Agent Wanielista and Art Maxwell, Consulting Engineer. The Council reviewed the proposed Walter Pugh apart- ement project, 37 apartments and a 20-motel unit complex to be located batween 2nd & 3rd South Streets at 1st East Street The City Administrator gave a background report on the development, stating that he felt the project could be de veloped as far as utilities, street and sidewalk improvements similar to the requirements of the Subdivision Ordinance. He felt the developers should improve the perimeters of the pro- perty with curb and gutter and 4-foot sidewalks. The side- walks could be located at the curb line, 4" thick, and 6" thick at all driveways, with 6" X 6" No. 10 wire mesh under all driveways. He indicated that one 3" water line would be suffi- cient to serve the entire 57-unit development. Administrator Bretzke also indicated an additional fire hydrant should be installed on the east end of 2nd South Street. He indicated that an 8" water line was in the street right-of-way on all three streets and that it crossed the northeast corner of the property. He said that a 12" sewer line paralleled the west property line and that the sewer should enter at a manhole, clean -outs each 60' and at each bend or combination of bends which exceeds 45 degrees. He stated that he had discussed possible cost sharing on the street paving by the City, in that the City had paid for paving and radius of curb and gutter, while the property owners paid for all curb and gutter installations in previous paving improvement districts throughout the City. The City Council recommended that before any firm de- cisions were made on the paving that they would hold a site inspection at 8:00 A.M. on Tuesday morning, June 8, 1976. Cecil Thomson Sewer Line Mr. Cecil Thomson appeared before the Council concern ing his previous request to tie his proposed 38-lot "Thomson Subdivision" into an existing private 8" sewer line at Holi- day Haven Home Park. The mobile home line is approximately 1,200 feet long with five manholes. He said he had the line augered out by a private contractor. There are approximately 175 mobile home units in the park, and the additional 38 single family housing units should not cause any problems. Consulting En- gineer Maxwell stated that with an 8" sewer at minimum grade that such a line could serve 550 connections and that line had more than the minimum grade. After considerable discussion, the Council recommende that it would allow Mr.Thomson to tie into the Holiday Haven line if Holiday Haven will maintain the line and make any necessary repairs at any future date. Mr. Thomson was to re- port back to the Council if a satisfactory agreement is reach ed. Grand Vu Subdivision City Administrator Bretzke brought up a discussion of a previous request by Ralph Keys to,tap additional lots into a 6" cast iron line on Sal Carlos Drive and Duchesne Avenue. A letter from Mr. Keys was reviewed by the Council explaining the history of the water system in the subdivision. After discussion by Council, it was recommended that Mr. Keys be allowed to make a total of 21 water connections on the new 4" line and existing 6" line. They also stated that an additional fire hydrant is to be installed at the end of Duchesne Avenue and that the developer would be responsible for all costs involved for the hydrant and meters and connec- 95 Walter Pugh apartment pro- ject Background re- port on project Pugh Apartment project Pugh Apartment project Pugh Apartment project streets Thomson Subdivi sion sewer system Holiday Haven sewer system could service Thomson Subdivi- sion Council recom- mended Thomson connecting with Holiday Haven line Additional lots Grand Vu Sub Grand Vu Sub - 21 new water connections and fire hydrant to be installed co Ot C.? L) tions and that the City would not be held responsible for any future repairs which may be needed on the line or any fluct- uations in the water pressure. A letter is to be drafted and given to each new water customer tieing onto the line. The water meter cards shall be noted to alert the finance depart- ment to give this form letter to each new water customer in the future. Art Maxwell - Water Survey Art Maxwell was special agent of the Council to dis- cuss various water system improvements, as outlined in his April, 1976 report to the Council. In addition to the re- commendations in this report, a discussion centered on com- pletion of Well No. 9. The pump had been on order for sev- eral months. Mr. Maxwell was going to follow-up on why the pump has not been delivered. Approximately 1,700 feet of new water line needs to be installed. The pipe is on hand. The pump was ordered on October 7, 1975, at a cost of $10,930.00. It was suggested that the pipe trench and possible laying of the pipe be contracted out to a private contractor, due to th present work load on the water -sewer department. Water -Sewer Superintendent Day was asked to obtain quotations on the cost of contracting this portion of the job. Mr. Maxwell recommended a concentrated periodic fire hydrant flushing program be instituted. The recommendations in the April, 1976 report from Nielsen, Maxwell and Wangsgard are summarized as follows: 1. Installation of pressure relief valve station #1 as discussed elsewhere. 2. Construction of pressure reduction valve station #9. 3. It is recommended that consideration be given to the assigning of a water superintendent whose sole responsi- bility is the operation and maintenance of the water system. Such an individual should be or become acquainted with the entire system and its operation and maintenance, including the water supply sources, the priority of water supplies, the necessary treatment, the location of lines and services, and the periodic maintenance required for proper operation. 4. Chlorination facilities should be provided and operated as outlined in our report dated September 1974, and titled "Culinary Water System Chlorination Facility Modifi- cations". Chlorination of the flow in the 16-inch line at the White Ranch will include a flow meter which is considered necessary in order to monitor the City's total water require- ments. 5. Consideration should be given to desanding facil- ities. Sand appears to be causing most of the operational pr blems in the water system. The sand from the wells may ha removed and the source, but not so with the spring supply. After a rather careful analysis of the problem in 1974, it was concluded that the most feasible method of sand removal from ,.he entire system would be the construction of a clari- fier or sand trap on the two main supply lines near the sourc of supply. The best location for one on the 10-inch line ap- pears to be near the City Park, and on the 16-inch line near the overflow box on the north end of the White Ranch. The removal of sand from the entire supply appears to be more feasible and probably more economical in the long run than the additional maintenance required by the sand. 6. Consideration should be given, and the cost in- cluded in the budget when feasible, for the installation of telemetering controls to monitor and assist in the daily op- eration of the water facilities. A rather brief letter re- port on this dated May 21, 1975 was submitted to the City. Mr. Maxwell indicated he would prepare bid form for Item No. 1, pressure relief valve station No. 1 and send them Grand Vu 14) a 21 new water connections and fire hydrant to be installed Water survey Fire hydrant flushing pro- gram Pressure relief valve Station #1 Pressure reduc- tion valve station #9 Assign water superintendent Chlorination Desanding Telemetering controls Bid 1138 d opening for pressure relief valve station #1 Mr. Maxwell tol prepare summary of recommenda- tions Water and Sewer', Superintendent' Adjournment Adjournment meeting Walter Pugh Apartment Complex Attendance Recommendations Fire hydrant Pavement, curb & gutter Water meter Water connec- tion charge Sewer Connec- tion Sewer connec- tion charge lst East Street Zoning Ordinanc requirements City to retain water easement City Require- ments to water equipment suppliers for firm price bids. Bid opening would be at 1:00 P.M., Tuesday, June 15, 1976 in the City Ad- ministrator's office. Estimated cost of this item is $1,500 to $1,600. Mr. Maxwell said he would prepare a summary of recom- mendations and estimated costs for these six items in another report for the City Administrator. The City Council felt that the position of Water and Sewer Superintendent should be filled as soon as possible, as the work load on Mr. Day has been heavy. Council adjourned to 8:00 A.M., Tuesday, June 8, 1976 at the Walter Pugh apartment complex. ATT7 David J. B 1� m ke, Cit Recorder can McDougald, yor June 8, 1976 The Moab City Council held an adjournment meeting on Tuesday, June 8, 1976 at 8:00 A.M. for an on -site insper`,on of property located between 2nd and 3rd South Street at 1st East Street. Said inspection of site, owned by Walter Pugh and Charles Zuckerman, developed from Winchester, Virginia was necessitated by a discussion at the June 7, 1976 special City Council meeting. Councilmen attending were Councilmen Bonser, Peterson Jacobs, Barker and Tomsic. Also in attendance were City Ad- ministrator Bretzke, City Engineer John_Keogh Building In- spector Cecil Shaffer, and Real Estate Agent Norma Nunn, and developer Charles Zuckerman and Walter Pugh. City Administrator Bretzke recommended: (l) A fire hydrant at East end of 2nd South Street (2) Complete pavement and curb and gutter on South side of 2nd South Street from Main Street to dead end of street. The City to pave and curb and gutter from Main to west right-of-way of Pugh- Zuckermen property (3) A 3-inch water meter to serve entire 37 apartments and 20 motel units would be satisfactory (4) Water connection charge to be determined by City Council (5) Sewer connection should be in existing manhole, or construct a new manhole in existing is inch line which was parallel to west property line. Sewer connection charge to be considered by City Council Street on lst East, consideration as to curb and gutter and sidewalk and pavement width to be dis- cussed with City Administrator and developers (8) Landscape property adjacent to street right-of-way per Zoning Ordinance requirements on all three street frontages (9) The City would retain water easement for existing eight inch line on east corner of lot, if City would con- sider deeding away any part of right-of-way of 1st East Street. (6) (7) The developers were to meet with the City Administrator at the City Hall and list details of proposed City Requirement. The Council adjourned to 1:00 the same day, June 8, 1976 to dis- cuss the requirements discussed at the morning meeting. ATTEST._ _ 199 - / David J. Br ke, Cit , Recorder June 15, 1976 A regular meeting of the Moab City Council was called to order at 7:30 P.M. in the City Council Chambers by Senior Councilman Harold Jacobs in the absence of Mayor Wm. Dean Mc- Dougald. Also in attendance were Councilmen Barker, Bonser Peterson and Tomsic as well as Attorney Ruggeri, Engineer Keogh, Public Works Superintendent Day, City Administrator - Recorder David Bretzke and Deputy Recorder Judy Marshall. In attendance for a portion of the meeting were Police Chief Dalton, Police Sergeant Rowley, Judge Donald Grist, Utah Stat Court Administrator Richard Peay, Robert and Yvonne Hawks and representatives from Blue Cross -Blue Shield of Utah. The minutes of the regular Council meeting of June 1, special Council meeting of June 7 and special council meeting held at 8:00 A.M. and 1:00 P.M. on June 8 were approved on a motion made by Councilman Barker, seconded by Councilman Bon- ser and passed unanimously. Garbage contractor Robert Hawks submitted to the Coon cil a proposal for a one-year extension to his contract, whicF expires June 30, 1976. Mr. Hawks requested a 17% rate increa! to help offset his increased costs. He requested the'residen- tial collection fee be increased from $3.85 to $4.50 and the commercial minimum be increased from $6.00 to $7.00. Commer- cial rates in excess of the minimum are to be negotiated on ar individual basis according to the frequency of pick-up and volume. Mr. Hawks sited increased costs in all areas,_the highest of which is liability insurance, which increased from $1,900 to $3,300 per year. The one year contract extension and above -stated rate increases were approved on a motion made by Councilman Barker, seconded by Councilman Bonser and passed unanimously. The increases in collection fees are to be effective July 1, 1976. The public is to be informed of the increases through the radio, TV and newspaper. Diane Taggert and Roy Roeller, representing Blue Cros- Blue Shield of Utah, explained an optional extended coverage "Health Maintenance Plan" being offered in the Moab area in addition to the present group plan. They distributed to the Councilmen a list of increased benefits including office call injections, full laboratory and x-ray costs, the cost of a pr scription which exceeds $2.00 and other benefits. They ex- plained the object of the new plan is to encourage patients t. seek medical treatment early and hopefully eliminate many hospitaiizations and thus help curb increased premium costs. Mrs. Taggert explained each member of a family must cnoose a primary physician and that Blue Cross - Blue Shield would onl pay fees charged by the primary physician or physicians upon r7`erral from the primary physician. The primary physician can be changed at any time upon written request to Blue Cross, Blue Shield. They pointed out that when his physician is out of town the patient is to see the doctor who is covering their physician's practice and also that in the case of an emergency or accident the patient is to seek the closest medical care available. The Health Maintenance Plan will cost $1.65 in addition to the basic group plan premium for the estimated 20 increase in benefits. The Councilmen requested the represent atives to meet with the employees to explain the plan. The meeting was scheduled for Thursday, June 17, at 4:30 P.M. in the City Council Chambers. They explained the plan has been in effect in the Uintah Basin for fourteen months on a trial basis and thus far was felt to be very Successful. A similara plan has also been in effect in Wisconsin for four years. Ins dividual subscriber cost for the Health Maintenance plan is 35t. Regular meeting Attendance Minutes approv- ed Garbage collec- tion contract erenewed 1 year & increase in collection fees approved -Blue Cross -Blue, Shield's new "Health Mainten- ance Plan" 2Wath Mainten- ance Plan Permission to set up conces- sion stand at Ba11 Park de- nied The basic Blue Cross - Blue Shield premiums are to in- crease July 1,1976. The Councilmen were in agreement for the City to pay the increase in the single rate to continue. paying the employee's cost in full with the Health Maintanance Plan benefit with the employee paying the cost for his family if they are to be covered. Sherrie Crist, representing Job's Daughters, requested permission to set up a concession stand at the Little League Ball Park and also to use the electricity at the Ball Park. City Ad- ministrator Bretzke stated the Ball Park is School District owned land leased to Grand County. The Recreation Director had informed him that it has been the policy of the Grand County Recreation Board not to allow any concessions inside the Ball Park area. Clean-up had become a problem when concessions had been allowed as well as being in competition with three licenses vendors. Request to in- Utah State Court Administrator, Richard Peay, addressed crease Judge the Council on behalf of Moab City Judge Donald Crist to request Grist's salary the Council to substantially increase the salary of Judge Grist to be more in line with other Judges in Utah. He pointed out that Judge Crist is the lowest paid judge in Utah. Mr. Peay admonished the Councilmen to view the Municipal Court as a sep- arate branch of government and not just another department of the City. He further requested the Council to consider that the Court system is not a department which costs money but rather that the revenue generated exceeds the costs by more than 2 to 1. Mr. Peay explained that the State Legislature set the annual salary of District Court judges at $27,500 and sent a copy cr a resolution to Mayors and City Managers in the state recommending a percentage of the salary of District Court Judges be paid to Municipal Court Judges based on the population served and the nufnber of cases it handles. The recommended formula would place Mdab in the 75% category, which would be $20,500. Mr. Peay urged Moab to consider adopting by ordinance the 75% rule which is set for other judges in the state in order to attract and maintain high quality judges. Bids received for City Administrator Bretzke informed the Council of the pressure reduc- results of bids received for a pressure reducing valve and fit- ing valve tings. Specifications for the valve were prepared by the consult- ing engineering firm of Nielsen, Maxwell and Wangsgard and mailed to waterworks companies. Bids were opened at 1:00 P.M., June 15, 1976 by the City Administrator. Bids ranged from $1,228 to $1,689. The lowest bid was a newly -established waterworks supplier, Plumbers Supply Co., Inc. in Salt Lake City. Mr. Bretzke's re- commendation was to accept the lowest bid provided they could supply everything requested. Councilman Peterson made the motion to award the bid to Plumbers Supply Co., Inc. if it is determined that availability of supplies, "upon request" means delivery with- in a reasonable time. The motion was seconded by Councilman Barker and passed unanimously. Councilman Jacobs suggested that if the valve is in stock that Art Maxwell check it. City Administrator Bretzke stated he was working on the bud - et and that an advertised public hearing is required by law prior o adoption. The notice must be published at least seven days prior the public hearing. Councilman Barker suggested the Mayor, City dministrator and City Council meet in executive session at 5:30 on uesday, June 22nd, and if necessary again on Thursday, June 24th, to inalize the budget. The Councilmen were in unanimous agreement. ouncilman Barker made the recommendation the budget hearing be held t 8:00 P.M. on June 29, 1976. The motion was seconded by Councilman onser and carried unanimously. Brief discussion was held regarding a report entitled, "Better ommunities for Utah" prepared by the Utah State University Department f Sociology. Statistics were based on a random sampling of 160 oab residents in the fall of 1975. The report sited strong points f the community and areas which the people felt needed some improve- ent. Areas of particular concern were housing for new families, law nforcement and shopping facilities. Areas of strength were access o outdoor recreation, lack of pollution, geological setting and en- husiasm in the community. Bills approved The motion was made by Councilman Tomsic, seconded by Council - Budget hearing scheduled "Better Communi- ties for Utah" survey statistics o man Barker and passed, that the bills be approved as submitted in the amount of $12,601.75 from the General Fund and $963.191 from the Slick Rock Flood Control Fund. Bills approved (cont.) Councilman Peterson explained the $400 check to the Chamber of Commerce is a donation to help cover the cost of fireworks to be used for the Water Carnival. Councilman Peterson stated Cruley Jones had called him regarding continuing noise disturbance at the Hitching Post and that he had told Mr. Jones to sign a formal com- plaint at Attorney Ruggeri's office. Discussion was held regarding the posts east of the Poplar Place, where the Art Guild had recently held an art fair. Building Inspector, Cecil Shaffer, was instructed to contact officials of the Art Guild to determine whether they plan to remove the posts or if they are to be permanent. Water Carnival fireworks Noise disturbance Art Guild posts Bids are to be received for 1700 feet of water line. Bids for 1700 feet Water Superintendent Day is to take care of getting the power water line panel on. City Administrator Bretzke stated he would call Nickerson and tell them to ship the pump. Councilman Tomsic stated she had received complaints Bugs in City trees from citizens regarding bugs from trees which are in the City right-of-way coming onto trees in private yards. It was pointed out that if the citizens are willing to pay the addi- tional cost the City would spray all City trees. It was alsd pointed out that the parks budget should include an amount toi prune the trees at the City Park. Attorney Ruggeri stated he felt the citizens who sub- Water pressure mitted claims for water pressure damage should be informed damage claims the insurance company has denied the claims. He agreed to denied help the City Administrator write letters to the citizens in- volved informing them of the fact. The meeting was adjourned at 10:00 P.M. on a motion Adjournment made by Councilman Bonser, seconded by Councilman Tomsic and passed. June 29, 1976 A special meeting of the Moab City Council was called to order at 8:00 p.m. in the Moab City Council Chambers by Chairman, Harold Jacobs. The meeting was called as an advertised public hearing for the purpose of consideration of the proposed 1976-1977 budget. In attendance were Council mem- Attendance bers Keith Peterson, Marge Tomsic, Dixie Barker, Harold Jacobs, and Jerry Bonser. Also attending was Mayor William Dean McDcugald, City Administratol David Bretzke, City Auditor, E. J. Claus, Deputy Recorder, Judy Marshall, City Attorney, R. H. Ruggeri. Those present in the audience were Lynn Day, Les Erbes, Flora Evans, Connie Caouette, Royce Henningson, Dan Holyoak, Ron Auger. Les Erbes, from the audience, made the Assistance for comment that possibly Cecil Shaffer may need someongCecil Shaffer to help him in view of the rising building business. The mayor informed him that there had been discus- sion on the matter and it'was under consideration. Flora Evans inquired as to the whereabouts Street sweeper and operation of the street sweeper. She made the comment that it had not been down her street for quite some time. The Mayor pointed out to her that we had lost our operator and that the street sweeper was not functioning properly. Special advertised public hearing ` )2 Moab Jaycees Moab Jaycees requested $400 for upkeep and lights. The request was unanimously approved by the Community Affaris Department and budgeted. Audit City Bid on audit Bid on audit New auditor Claus 75-76 auditor Auditor Garbage collection] Mrs. Evans also brought up the point that fees ]the charges for garbage collection have gone up con- siderably. Chairman Harold Jacobs explained to her that Mr. Hawks has expenses that have gone up and they must be compensated for. Royce Henningson asked if he could have an Low band radio for; old low band radio for the Fire District. Mr. Bonser Fire District I made the motion to grant the request. Dixie Barker , seconded the motion and it was unanimously approved. Resolution 1-76 At this point, the Mayor asked that Resolu- budget approved tion 1-76 be passed to approve and pass the budget. Councilman Jacobs moved to adopt the budget and Resolution 1-76 and Councilman Bonser seconded it. The motion was carried unanimously. For text of Resolution, see following page. Councilman Tomsic moved to appoint E. J. Claus to audit the City records for 1975-76. records' At this point, Councilman Barker suggested that Mr. Auger and Mr. Claus bid on the audit. Mayor McDougald pointed out that he did not believe it was customary to bid for an audit. Mr. Auger made the point that it is possible to bid on the grounds that the fees for bookkeeping were substantial and should be considered carefully. Councilman Barker altered her suggestion to a new auditor for the next fiscal year. This decision should be taken care of as soon as possible in July. The previously made motion to appoint E. J. Claus for the 1975-76 auditor was unanimously agreed upon. The Mayor made the statement that he be- lieved we should take the matter concerning next year's auditor under advisement. This would be discussed at the second council meeting in July. Amend 75-76 budget A motion was made by Councilman Barker to amend the 1975-76 budget on schedules prepared and recommended by E. J. Claus. Councilman Bonser seconded this motion. The motion was unanimously approved. Resolution 2-76 A motion was made by Councilman Tomsic, approved seconded by Councilman Barker to approve resolution 2-76 and approved unanimously to authorize E. J. Claus to make the necessary loans by transfers between the various funds of the City. For text of Resolution, see following page. Community Develop- Councilman Peterson was appointed to the ment Board , Community Development Board to represent the Moab City Council to fill the vacancy of Councilman ' Barker, who is now the Executive Director of this organization. The motion was unanimously approved. Adjounment Meeting adjourned at 9:25 P.M. ��dd11tD Wm. can cuga"I d layayot' AT�G D vid J. etzke,`City Recorder July 1, 1976 203 On July 1, 1976, a Special Moab City Coun- cil Meeting, called by Mayor McDougald, was held at the Golden Stake Restaurant at 12.00 noon. Present was all Council with the exception of J. Bonser. Also attending were City Administra tor David J. Bretzke, Water, Sewer and Streets Superintendent, Lynn Day and Mr. and Mrs. Ronald Robertson. The following action was taken: Immediate ban on lawn Watering effective Thursday, July 1, 1976 and Friday, July 2, 1976. Odd numbered houses and businesses may water on Tuesday, Thursday, and Saturday. Even numbered houses and businesses may water on Monday, Wednesday, and Friday. No watering on Sunday. Mr. Robertson discussed the possibility of making an arrangement to sell the City water from a well he is presently drilling on property cN he owns which is located northeast of the Golf M Course. U It was decided that he would drill the V well, and the City would pay for having the well tested for flow volumes. Mr. Robertson and the City Council agreed that once data is obtained on the capacity of the well, negotiations would be in order to possibly sell metered water to the City. City Council also indicated they would consider cost sharing in the actual cost of drilling and equipping the well. Mr. Robertson has a permit to draw one second foot of water from this site. ATTES Meeting adjourned Wm. Dean Mc ougal;/, Mayor tzke, ity Recorder Special meeting Attendance Lawn watering banned Robertson well Robertson well Robertson well Robertson well Adjournment July 6, 1976 A regular meeting of the Moab City Council Regular meeting was called to order at 7:30 P.A. by Mayor Wm. Dean McDougald in the City Council Chambers. In attendance were Councilmen Bonser, Jacobs, Barker and Peterson. Councilman Tomsic was absent. Also in attendance were Attorney Ruggeri, Engineer Keogh, Administrator -Recorder Bretzke, Deputy Recorder Judy Marshall, Doug Gore and 30 members of the Moab Merchant's Association. The minutes of the regular Council meeting of July 6 and the Special Council meetings of July 1 and 13 were approved as corrected on a motion made by Councilman Jacobs, seconded by Councilman Barker and passed. Doug Gore, representing the Southeastern Utah Association of Governments, explained three governmental agencies through which he could work Attendance Minutes approved Master Plan 2-U4 Master Plan (Cont) Master Plan (Cont) Master Plan (Cont) 3-County long range plan Developing commu- nity U.S. Dept. of Interior hearing to assist the City of Moab and Grand County with needed planning, and projects. He is currently assisting Grand County through the H. U. D. 701 Pro- gram in establishing a Master Plan, developing Lion's Park and updating flood hazard boundary maps. The Federal Resources Development program is a state appropriation designed to help communities understand developments the Federal Government is undertaking on Federal lands in reference to minerals, recreational development and grazing. Mr. Gore also works in conjunction with the Four Corners Regional Commission in procurring funds for projects such as master plans, mass transit systems, and industrial parks. Mr. Gore further stated he is presently working with Grand County, Emery County and Carbon County to establish a 3-county, long-range plan. The Council advised Mr. Gore they were most interested in developing the Spanish Valley Water - Sewer District, but would also be interested in pro- posals for the Lion's Park. Councilman Bonser added he would like to see work done in reference to a Community Center in Moab. Administrator Bretzke announced a public hearing sponsored by the U. S. Dept. of the Interior had been scheduled for July 7, at 7:30 at the Grand County High School in reference to including a stretch of the Colorado River in the Westwater sec- tion east of Cisco in the National Wild and Scenic River System. American Water Mr. Bretzke also announced a workshop spon- Works Association sored by the American Water Works Association re - workshop garding the "Safe Drinking Water Act" had been scheduled for July 14 from 10:00 A. M. to 3:00 P. M. Lynn Day, John Keogh, Harold Jacobs and David Bretzke plan to attend. Transient mer- Approximately 30 members of the Moab Retail chants business Merchant's Association were in attendance to request license the City Business License Ordinance be reviewed and revised. ,Mr.,Ray Tibbetts acted as their spokesman and stated the Retail Merchants feel the license fees for outside merchants is too low. Mr. Tibbetts pointed out he had checked with City Treasurer, Maxine Smith, and record could be found at that time of only one transient merchant paying the gross business license fee on sales made in Moab. In addition to requiring a State Sales Tax number, he felt the merchants should be required to pay 4-6^'r gross business license fee before leaving Moab. He uggested a bond could be required of sufficient mount at the time the license is issued to ensure tnat the transient merchant will return to pay his ax to the City. He also suggested that local po- ice officers could check upon request to be sure he transient merchant has a bill of sale for every viece of merchandise he has for sale. He further tated the local merchants feel transient merchants hould be required to meet all safety standards and tate Health Standards required of stationary mer- hants such as having a sanitary toilet on the pre- ise. The merchants also suggested a license fee e required high enough to discourage most transient erchants. It was also suggested that the City con- ider regulations to discourage vendors who come to oab to obtain orders for merchandise to be delivered t a later time. Councilmen Barker and Bonser agreed o work with the City Administrator to study the licensing ordinance. Ray Tibbetts was granted per- -nission to work with the Committee. 205 M da CO C.) V Discussion was held regarding the recently imposed water restrictions made necessary for fire protection by a shortage of water. Water Superin- tendent Day pointed out that the City wells and springs are producing one-third less water the firs week in July than they produced the first week in June. He also pointed out that two springs which flowed for many years had gone dry. It was the consensus of the Council that too many wells had been drilled in the upper valley and had lowered th water table. Discussion was held regarding City water used outside the City limits in Spanish Valley and also used by the Arches and Dead Horse Point. Water is carried in tank trucks from the City yard. It was concluded that for the present water would still be supplied to the Parks and that they would pay for the water at the rate of $1.00 per thousand gallons. Possible additional sources of water from springs and wells were discussed, including Skakel Spring. Lynn Day informed the Council he antici- pated No. 9 well to be added to the system within one week. Water restrictions City water to Parks Skakel Spring Councilman Barker made the motion that the Skakel Spring Council look into the possibility of acquiring water from the Skakel Spring. The motion was seconded by Councilman Jacobs and sassed unanimousl Councilman Barker made the motion to close Car washes, pools the car washes and the Moab Swim Center and all private and commercial swim pools effective July 7 until there is a greater supply of water. The motion was seconded by Councilman Jacobs and passed unanimously. Lynn Day pointed out Glen Richeson had Awning for Ball picked up fourteen 21-foot lengths of Schedule 80 Park pipe to be used in the awning project at the City Ball Park. It was concluded that the cost of the pipe should be deducted from the $1,000 allocated by the City for the project. City Engineer Keogh stated that Rhodes Test -Rhodes Testing ing would be in Moab the latter part of the week to test Mr. Robertson's well and suggested that a test also be run on Bob Norman's well. Lynn Day stated Mr. Zohner had received per Unauthorized use mission from Troy Black to take water from a fire of fire hydrants hydrant adjacent to a Church Welfare Farm to use in spraying the trees and that the hydrant had sus- tained damage because of this. The Council was in agreement that Mr. Black did not have the authority to allow private use of water through the hydrant and that Zohner should be so informed in writin The bills were approved as submitted on a motion made by Councilman Jacobs seconded by Coun- cilaan Bonser and passed unanimously. Bills approved The meeting was adjourned by mutual consent Adjournment at 11:00 P.M. Wm. an McDougaldt Mayor ATTESJ::frli / c David J.etzke, Ci y'Recorder t 206 Special meeting Attendance Water situation Corbin Well Corbin Well Cost of Corbin Well ghodes Test July 13, 1976 The City Council met at 12:00 noon, July 13, 1976 in a special meeting at the Sundowner Restau- rant. Present were Mayor McDougald, Councilmen Barker, Peterson, Bonser and Jacobs. Also present were City Administrator -Recorder Bretzke; City Engi- neer Keogh; Water -Sewer Superintendent Day; and Times Independent Reporter, Linda Garrison, and Mrs. McDou- gald. The purpose of the meeting was to discuss current developments in the water situation. A discussion centered on purchase of the Cor- bin Well, south of Moab. The appropriation of water had been reallocated to some 39 underdeveloped par- cels of land, and if the City were to purchase the well, they would have to transfer water permits from the well field east of the, Golf Course to this well. It was estimated that the Corbin Well would produce up to 3 second feet of water, however, it was felt that we would only use 2 second feet, and that a request would be made to the State Engineer to appropriate 2 second feet from the well field east of the Golf Course to the Corbin Well. All -American Realty, who is handling the sale of the well, offered to sell it for $55,000, plus $6,000 commission, for a total of $61,000. Rhodes Testing Service has tested the well, and a report is available. Motion passed to A motion was made by Councilman Jacobs, se - purchase Corbin conded by Councilman Barker, to purchase the Corbin Well Well for $61,000. Motion unanimously approved. Motion passed not A discussion followed concerning the purchase to pursue acqui- of the Chapman We11 south of town for $75,000. A sition of Chapman motion was made by Councilman Jacobs, seconded by We11 Councilman Peterson not to pursue the acquisition of this well. Motion unanimously approved. Corbin Well ear- The Council directed the City Administrator nest money agree- to sign an Earnest Money Agreement with Mr. Delbert ment. Oliver concerning the purchase of the Corbin Well, under possible financial arrangements of five year note for $55,000 at interest rates not to exceed 10%. Tenneco evaluation The Skakel Spring wa.s also discussed. Mr. of Skakel Spring Hank Ruggeri has been negotiating with Tenneco, Houston, Texas, owners of one-half of the total spring about the possibility of the City of Moab ac- quiring the other one-half of the spring. Tenneco is d^4ng an evaluation of the spring's worth at their Salt Lake City office. Proposed lease of A proposed lease of the Skakel Spring was Skakel Spring reviewed by the City Council, basically, 120 lease for one-half of total flow of the spring to comple- ment the one --half owned by the City, and cost to the City would be 221t per thousand. No action City Council took no definite action on the proposed lease. Well No. 9 repairs We11 No. 9 pump and motor is presently near completion }being installed. Work commenced Monday, and it is hoped that the well will be operational by the 19th Robertson Well t°f July. Also, the former TGI well owned by Ron Robertson is presently being reamed out. This well twill be tested within the next few days. If this ell is a producer, an agreement will be worked out with Mr. Robertson concerning the cost to the City for the water. 207 The No. 9 well should produce 200 to 230 gallons per minute, and the Robertson well should produce 200 to 250 gallons per minute Fleeting was adjourned at approximately 1:30 P.M. Wm. Dean McDougald ATTEST: avid J .etzke2 City Recorder ayor July 20, 1976 A regular meeting of the Moab City Council was called to order by Senior Councilman, Harold Jacobs, at 7:45 P.M. in the City Council Chambers. Councilmen Barker, Tomsic, and Peterson were also 01 present. Councilman Bonser was absent. Also in d' attendance were Engineer Keogh, Street and Water- Ce3 Sewer Superintendent Day, Chief of Police Dalton, and Deputy Recorder, Judy Marshall. On a motion made by Councilman Jacobs, seconded by Councilman Barker and passed, the min- utes of the meeting of July 6, 1976 were approved with the correction that Doug Gore was present from the Southeastern Utah Association of Governments rather than Kent Taylor. The minutes of the meet- ing held July 13, 1976 were approved on a motion made by Councilman Barker, seconded by Councilman Tomsic and passed, with the word 'appropriations' changed to 'permits'. Sheldon Hefner explained to the Council that he had erected a fence on the north side of hi place of business, the Turner Funeral Home, and tha he had inadvertently created an unsafe situation fo pedestrians. He had placed his fence on his pro- perty line, which is adjacent to 4th North Street as it approaches Main Street facing east. Mr. Hefner further explained that as his fence is adja- cent to the street it is forcing pedestrians to walk in the street and he wondered if the City had provisions for sidewalks in the area. He had ob- served a number of children walking in the street on their way to the Swim Center, and he feared more children would be walking in the street in the fall on their way to the Helen M. Knight School. Fug}" - discussion was postponed until the Mayor joined the meeting. I1r. Robert Rynio stated that the Moab City Planning Commission at a public hearing, on June 17, 197y had unanimously voted to recommend to the Moab City Council that the old Allen property on Center Street & 2nd East be rezoned from R-3 Resi- dential Zone to C-2 Commercial Zone and that he had been directed to meet with the Council for final approval. Discussion was postponed until the Mayor arrived. Mr. Gerald Bagley and five concerned citi- zens expressed concern over recent violations of the law and felt proper action had not been taken by the court in view of till seriousness of the crimes. They cited two recent incidents which in- volved attacks upon police officers and cited acts of vandalism to personal property of law officers and attorneys. Threats also had been made against the lives of policemen, the Judge and attorneys No. 9 well and Robertson Well proposed production Adjournment Regular meeting Attendance Minutes approved with name correc- tion Turner Funeral Home fence Recommendation to rezone Allen Prop- erty from R-3 to C-2 Citizens expresseu concern over attacki. on City Officials 208 Mayor entered meeting Council requests meeting with Judge Crist following recent drug arrests. Mayor Wm. Dean McDougald entered the meeting at 7:55 P.M. and presided over the remained of the meeting. It was pointed out that following an attack upon a policeman, the Judge had released two of the individuals on their own recognizance. The Council expressed concern over the recent incidents and pointed out that they had always taken a firm stand against all crime and backed the policemen and Court in arrests and prosecutions. The Councilmen agreed to request a meeting with Judge Crist on Friday, June 9, 1976 at 12:00 noon at the Sundowner Restau- rant to see what actions could be taken. Discussion on The discussion was resumed in regard to Mr. Allen Property Rynio's request to 'rezone the old Allen property on Rezoning resumed Center Street and 2nd East described as: Beginning at the N.E. Corner of Lot 4, Block 13, Moab Town - site, thence S. 167 ft., thence W. 226 ft., thence N. 167 ft., thence E. 226 ft. to beginning. Motion passed to Mr. Rynio requested the property be rezoned rezone Allen Pro- from R-3 Residential Zone to C-2 Commercial Zone. perty Councilman Tomsic made the motion Ordinance 3-76 be adopted and that the recommendation of the Planning Commission be taken that the property be rezoned f,-om R-3 to C-2. The motion was seconded by Councilman Barker and approved unanimously. For text of Ordi- nance, see following page. 208 Water Quality_ Courtney Brewer and Dr. Vaughn Hansen of Program testing the 208 Water Quality Program were present to bring up -date the Council up-to-date on their testing. Dr. Hansen stated that if an individual or business is found to be in violation of pollution limits they work with the person involved. He pointed out that testing has taken place for one year and that one year re- mains to complete their study. The last round of sampling will be completed in August. Sources of salts and sulfates found in the Colorado River are being investigated as well as the source of arsenic, which is being found near town. Pugh apartments Mr. Walter Pugh informed the Council that financing the is unable to obtain private financing for his housing complex but that the possibility of govern- ment funding is being pursued. He had proposed to build 41 apartments, and FHA would like to see it come down to 32. Mr. Pugh stated he would like to enter the lot from South Third Street and extend the parking lot far enough to meet the zoning re- quirements. Fifteen Moab City employees were in atten- dance to request the Council support their request not to change their paydays from the 15th and last day of the month to the 5th and the 20th of each month. The employees reported they are making VA house payments and that the payment date cannot be changed. They are assessed a penalty for late pay- ments. The consensus of the Council was that a directive of the City Administrator would not be discussed in his absence. The Councilmen agreed that the proposed pay schedule was not unreasonable and was conducive to more efficient accounting. The Councilmen also agreed that the Administration should work with those employees upon whom the new pay schedule would be a hardship and forward an advance, if necessary, until their payment dates could be changed. Councilman Jacobs explained the question Mr. Hefner had previously raised in regard to no side- walk adjoining his property and that because of the fence he had recently built pedestrians were forced 15 City employees protest payday change Turner Funeral Home fence 209 M da Co A U U to walk in the street. Mayor McDougald stated the subject would be taken under advisement and that he would discuss the question with Lynn Izatt, Melvin Dalton, Cecil Shaffer and Lynn Day. Access to the City Yard for water and use of the scales evenings and weekends was discussed. The motion was made by Councilman Peterson, second- ed by Councilman Barker and passed unanimously for Councilman Tomsic to work up a procedure so that the problem could be corrected. The problem of sand in the City water sys- tem was discussed. A11 City wells are pumping sand, and filtering water before it reaches the system discussed. Councilman Barker reported she and Council- man Tomsic had met with Dr. Wes Maughn from the Utah State University concerning a community pro- gram record book and that they felt the project should come under Councilman Peterson's area of assignment to community affairs. Councilman Peter- son stated the Women's Literary Guild had put the book together at one time in the past and that they may be interested in the project. Councilman Tomsic stated David Johnson, the local State Health official, had called her wanting to know who gave the City authority to start No. S well and also who gave the City permission to use the other wells in the present water system. He stated he could find no record of authorization. Engineer Keogh stated samples from No. 9 well had been sent to the State Health Department last year. Three proposals to purchase Ron Robertson's well had been•submitted to him at a noon Council meeting today, July 20, 1976. Councilman Tomsic made the motion that if Mr. Robertson does not accept one of the proposals that they not enter into any further negotiations with him. The motion was seconded by Councilman Barker and passed unanimously. Councilman Tomsic read a letter from Mrs. Ron Steele in reference to damage sustained to thei home and beauty shop on April 23, 1976 when the City sewer line backed up and flooded six rooms in their basement. A $1,900 organ was ruined in ad- dition to many other items. Mrs. Steele stated partially burned logs and willows were found in the sewer line which had caused the back-up. Lynn Day confirmed the items found in the sewer line. It was his opinion that the manhole cover had been raised and that the branches had been plat,-.+ *here by vandals. It was Attorney Ruggeri's opinion that if the claim were filed with the City's insurance carrier that according to the evidence presented he felt that no negligence could be proven against the City and that the insurance carrier would deny the claim. The only other recourse would be for the Steeles to sue the City, and if no negligence could be proven against the City, the Steeles would only add to their losses by having to pay court costs. Councilman Tomsic suggested the Council hold a special meeting to discuss our present insurance coverage, as she felt it was inadequate. Councilman Peterson made the motion the bills be approved. The motion was seconded by Councilman Jacobs and approved unanimously. urner Funeral Home ence (Cont.) otion passed to orrect problem of fter hours access o City Yard. and in City water Community program record book State Health inquiry about authorization to use No.9 well Motion passed on proposals to Mr. Robertson Letter regarding damage from sewer back-up to Ron Steel property Items in sewer line Bills appro,_d 210 Motion carried to request bids for accounting services Adjournment Special meeting Attendance Proposals to submit to Ron Robertson agreed upon Proposals Councilman Peterson made the motion the City ask for bids by August 1 from E. J. Claus and Ron Auger for accounting services for the next fiscal year, including year-end closing statements, etc. The motion was seconded by Councilman Barker. A tie vote resulted with Councilmen Peterson and Barker voiting aye and Councilmen Jacobs and Tomsic voting nay. Mayor McDougald's vote of aye to break the tie carried the motion. The meeting was adjourned at 11.30 P.M. by mutual consent. Wm. Dean McDougal J Mayo ATTES, David J / retzke,°City Recorder July 20, 1976 A special meeting of the Moab'City Council was held at 12:00 noon at the Travelodge. Present were Mayor McDougald, Councilmen Barker, Tomsic, Jacobs and Peterson; Engineer Keogh and Water Super- intendent Day. Councilman Bonser was absent. The meeting was called to formulate propo- sals to submit to Ron Robertson in regard to the possible purchase of his well. The proposals agreed upon read as follows: 1. The City buy the well for $40,000 now or $50,000, payable over five years. Mr. Robertson would be allowed 150 gal- lons per minute for his use. Mr. Robert- son would pay his proportionate share, one-third, of any pumping costs. The well has a permit for one second foot of water, which is 450 gallons per min- ute. The City would furnish one-third of the one second foot of water, approxi- mately 150 gallons per minute to Mr. Robertson at'no charge for the water. Mr. Robertson would pay the pumping costs for anything over 300 gallons per minute, up to a maximum of one-third of the pumping costs for all water pumped from the well. The City would put in underground utilities to equip the well. 2. The City buy the water from Mr. Robert- son, up to a maximum of 300 gallons per minute. The City would pay the pumping costs. Mr. Robertson would equip the well. The City would sign an agreement to purchase this quantity of water six months a year for five years. If the City were to equip the well, the City would reduce its payment to Mr. Rupert - son for the water accordingly in order to recover its investment in the five- year period. 3. The City buy the well as it sets for $75,000, payable over five years, or $60,000 cash now. The City would agree to sell him water in the future at a reduced rate, and the City would put in underground utilities. 211 After the details of the proposals were finalized, Mr. Robertson joined the meeting. The three proposals were discussed, and Mr. Robertson took the proposals under advisement and agreed to let the Council know his decision in a day or two. The meeting adjourned at 3:15 P.M. by mutu- al consent. ATTE T: David J i` et ke, ity Recorder AGREEMENT r. Robertson joined meeting roposals discussed djournment THIS AGREEMENT made and entered Into by and between the CITY OF MOAB, a municipal corporation of the State of Utah, hereinafter for convenience referred to as CITY, and RONALD ROBERTSON and JOYCE ROBERTSON, ihusband and wife of Moab, Grand County, State of Utah, hereinafter for convenience referred to as ROBERTSONS. WITNESSETH• WHEREAS, Robertsons represent to City that they are the holders of an approved water filing number 38379 (Area Code 05-687) on file in the Utah State Engineer's Office which said filing entitles them to appropriate up to one second foot of water from said welt application for irrigation purposes; and WHEREAS, the City desires to purchase at least 300 gallons of water per minute for municipal purposes from ayailable water acquired as a result of proving said Application No. 38379 (Area Code 05-687) or 2/3rds of the rights represented by said filing, whichever is greater; and WHEREAS, Robertsons have expressed a willingness to sell the City said Application No. 38379 (Area Code 05-687), together with the right to equip, service, maintain, distribute and store water on said premises, subject to the reservations hereinafter set forth. NOW THEREFORE in consideration of the sum of $50,000.00 to be paid as hereinafter set forth and subject also to the terms and agreements herein contained, the parties hereto agree as follows: Robertsons, for the consideration herein stated, hereby agree to, and by these presents do, sell, assign, transfer, set over and convey, subject only to the reservation hereinafter contained, all their right, title, interest and estate in and to Water Application No. 38379(Area Code_ os-6B?)-on_file in the -office" of the Utah State Engin8er, together with so much of the surface of the land ad- jacent to the well as may be necessary or convenient for the consitruction, M1 continued maintenance and repair of water storage and distribution facilities sufficient to enable the City to use said water For all requtred or convenient muntcipal purposes, including the right to the use of land surface at elevations on the Robertson property to matntain proper water pressur,:,, RESERVING HOWEVER unto Robertsons a one-third interest therein in all water represented by said Application No. 38379 (Area Code 05-687) to the extent water produced from said well exceeds 300 gallons per minute. Subject to the right of surrender herein contained, City shall pay for gatd water in the following manner: $10,000 at the ttme of the execution of this agreement. $10,000 on or before August 1 of each succeeding year until such time as the Robertsons have received the full purchase prtce of $50,000.00. In addition to the $50,000 purchase price above provided, the City agrees that it will equip the well with a pump and that it will thereafter maintain said well so equipped to servicable condition and agrees to deliver water to Robertsons produced from said well in excess of 300 gallons per minute on a 1/3-2/3r Is basis. That Robertsons will be entitled to 33 1/3% of said excess water and the City will be entitled to 66 2/3rds of said excess water. The City further agrees, subject to its right of surrender, that it wtll with diligence and continuity pursue the processing of Application No. 38379 (Area Code 05-687) to prove up on said application and obtain an approved water right. It is Further agreed that to the event Robertsons or their successors in interest or assigns do not elect to use waters in excess of 300 gallons per minute produced From said well, that the City have, and it is hereby granted, the right to pruchase said excess water for 10t per 1000 gallons. In the event that the Robertsons do elect to take delivery of water herein reserved to them, then and to that event, the power bill for pumping said water -3- will be pro -rated between the City and the Robertsons in direct proportion to the water used by each party. In the event the well will not produce water in accordance With eXpecta- tions or in the event the water from said well proves unsuitable for municipal purposes or if for any reason the City elects to abandon this projec... Is. tor to the time that the City receives a conveyance from the Robertsons to the water and property that constitutes the subject matter of this agreement, the City may surrender and terminate this agreement upon conveying to the robertsons all of the equipment placed by it in, upon, or about said well and paying to the Robertsons all sums due and payable,to them up to the time of surrender and thus be relieved of any and all further obligations. Upon payment in full the Robertsons will convey to the City the water herein referred to and all necessary grants and easements to comply with the requirements herein set forth, subject however to the reservations retained by said Robertsons as herein set forth. Any notice contemplated herein to be served upon Robertsons shall be in writing, and shall be sufficiently given tf deposited in the U. S. Mail, postage prepaid and registered or certified, and addressed to Robertsons as follows, or at such other address as Robertsons may from time to time in writing designate: Ronald Robertson 550 South Main Moab, Utah 84532. Any notice contemplated herein to be served upon City shall be in writing, and shall be sufficiently given if deposited in the U. S. Mail, postage prepaid and registered or certified, and addressed to Ctty as Follows, or at such other address as Ctty may from time to time in writing designate City of Moab East Center Moab, Utah 84532. Attention: Mayor. The provisions hereof shall Inure to the benefit of and shall be binding k _4- upon the successors in interest, legal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF the parties hereto have execute'' Its indenture this art^ day of August, A. D, , 1976• G Rortal6IR obeitson i JoyEe Robertson CITY OF MO B AT EST • l ��y Rec�r By � b�� City ayOr ` � August 3, 1976 A regular meeting of the Moab City Council was called to order at 7:30 P.M. by Mayor Wm. Dean McDougald in the City Council Chambers. In atten- dance were Councilmen Barker, Jacobs and Peterson. M Councilmen Bonser and Tomsic were absent. ri4 00 Q The minutes of the Special Council meeting of July 20, 1976 at 12:00 noon and the regular C.' Council meeting of July 20, 1976, at 7:30 P.M. were U approved on a motion made by Councilman Jacobs, seconded by Councilman Barker and passed. Mrs. Dannette Winfield, dba Danwin Foods, was present in support of her letter dated June 21, 1976 In which she requested special on -street park- ing at the City Ball Park. At the meeting, Mrs. Winfield submitted an additional letter of request dated August 3, in which she made the following request: "My request from City Council at this time is for permission to park parallel with the curb on the South side of Center Street at any function being held at the ball field, whether local games or out of town invitational games." It was pointed out that the Council had previously designated parallel parking around the ball field. Mrs. Winfield was granted permission by the Council on a temporary basis to park parallel at the ball park outside the yellow crosswalk for the remainder of the season on a first -come, first -serve basis. The Council suggested Mrs. Winfield contact the Moab City Recreation Board before the next season and that she request to sell inside the gate at the pall field. Regular meeting Attendance Minutes approved Mr. Wayne Graham from the Flood Insurance Administration stated the Flood Insurance Administra- tion has contracted on a state-wide basis with Nielsen, Maxwell & Wangsgard and Montgomery to do a final phase flood study program in Moab to determine flood hazard areas, as well as other c'ties in the state. From information gathered, a 100-year flood level is to be determined. The Corps of Engineers and the Soil Conservation Service have done some studies, and these will be incorporated in the study. Mr. Nielsen of Nielsen, Maxwell and Wangs- gard stated their engineering firm is under contract with the Flood Insurance Administration to conduct a flood study and requested assistance from the Coun- cil in obtaining information of flooding problems. He stated his firm would be in Moab in the near future gathering elevations and establishing a,100- year boundary. Permission granted to Dannette Winfield for special parking at City Ball Park Flood Insurance Administration to do flood study program 212 Fred Durham explain flood study Soil Conservation Service publica- tion on floods pre- sented Transient Merchant License tax Application for Transient Merchant Business License Recommended changes Recommended changes Will hold public hearing Discussion on bids for accounting & audit fees Mr. Fred Durham of the Engineering firm of ontgomery, further explained that the joint study ill determine discharges from a 50-year flood, 100- ear flood<and 500-year floodiusing a mathematical ormula ,to be determined by taking the maximum dis- harge at a given station for a number of years and y using a frequency factor, come up with a formula. he information derived from the study will be used n conjunction with what insurance rates should be ithin ranges of areas which are within the 100-year oundary, and the Flood Insurance Administration equests the local government to develop zoning, which s consistant with what you can do in the flood way. Mr. Carrol Hackbert of the Soil Conserva- ion Service presented the Mayor a publication pre- ared by their department entitled, "Flood Hazard nalyses for Moab and Vicinity." Copies were to be ade available to the Councilmen the following norc- ng, at which time it was to be explained in detail. lso attending the meeting on behalf of the Soil Con- ervation Service were Mr. Paul Keil of the Civil ngineers in Salt Lake City; Mr. Bruce Lindahl, Area onservationist from Provo and Allan Ogden, District onservationist from Monticello. Mr. Ray Tibbetts, representing the Moab Re - ail Merchants, presented a proposal the committee repared revising the Moab City Business License anuary 1973 Resolution. Following considerable iscussion, an alternate proposal was submitted re- ising gross license tax collected by transient erchants to read as follows: "Transient Merchant - Retail business col- lecting sales tax. $10.00 application fee. License fee on recommendation of Moab City Council, but not less than $500.00 per year plus A of gross sales, payable quarterly." t was also agreed to change the wording on the pplication for Transient Merchant Business License y requiring the applicant to give his Utah State ales License number and'his Unemployment Security umber. The Transient Merchant Business License greement For Sales was also changed to read: 1. To pay to Moab City an application fee in the amount of $10.00 payment to be made at the time of filing this application, payment non-refundable, and further, to pay to Moab City a yearly license fee of not less than $500.00, which fee shall be paid not later than 24 hours prior to busi- ness commencing at temporary location :.. area." The Moab Retail Merchants recommended revising Section 13-30 to read as follows: "The issuance of the license and the amount of the license fee for each transient mer- chant shall be determined by the City Coun- cil meeting following application for the license, according to their discretion, and according to the type of business for which licensing is requested." It was agreed to hold a public hearing at the next regularly scheduled Council meeting, August 3, 1976, to consider adoption of the revised ordinance and resolution. Discussion was held regarding bids for ac- counting and audit fees for the City for the coming fiscal year. Councilman Barker recommended the bid opening be postponed until a meeting when the full Council is present. However, bids were opened as follows: 213 Ot TO m Gi U V Tom Stocks - Computer runs for July 1, 1976 to June 30, 1977, $3,480.00. Ron Auger - Monthly computer runs, $450.00 per month. He also bid $3,000 for the annual audit. Councilman Barker made the motion to table a decision for one week. The motion was seconded by Councilman Jacobs and passed. The Councilmen agreed to call a Special Council meeting for Tuesday, August 10, 1976 at 7:30 P.M. in the City Council Chambers provided a full Council could be present., Discussion was held regarding the proposal made by the City to purchase a well owned by Ron Robertson. The City agreed to purchase at least 300 gallons of water per minute, for municipal pur- poses or two-thirds of the rights for $50,000. The City was to acquire, in addition to the water, so much of the surface of the land adjacent to the well as may be necessary or convenient for the construc- tion, continued maintenance and repair of water stor- age and distribution facilities sufficient to enable the City to use the water for municipal purposes. $10,000 is to be paid at the time of execution of the agreement and $10,000 on the first day of August 1977 and $10,000 on the first day of August of each succeeding year until the Robertsons have received $40,000. The City would agree to equip the,well with a pump and maintain the well so equipped in serviceable condition and would agree to deliver water to the Robertsons produced from the well in excess of 300 gallons per minute on a 1/3 - 2/3 basis. The City would be entitled to 66 2/3% of the water, and the Robertsons would be entitled to 33 1/3% of the excess water. The City would agree to pursue the processing of the application to ob- tain an approved water right. If the Robertsons or their successors do not elect to use water in excess of 300 gallons per minute, the City would be granted the right to purchase the excess water for 10¢ per 1,000 gallons. City Administrator, David Bretzke, stated a mill levy must be set for the current fiscal year to be used by the assessor's office. It was Mr. Bretz- ke's recommendation that the mill levy remain the same as last year at 195 mills. The motion was made by Councilman Jacobs, seconded by Councilman Barker and passed unanimously, that the mill levy for the fiscal year 1976-77 remain at 19Z mills. Mr. Bretzke stated the Utah League of Citie and Towns Annual Convention is to be held September 9, 10, a-d 11 at the Salt Palace in Salt Lake City. The special pre -registration fee for partial atten- dance is $35.00 per delegate and $25.00 for dele- gate's spouse of partner if received by the League by August 20, 1976. Councilman Barker informed the Councilmen that Mary Rees had not received a raise on July 1, 1976. She explained that it was an oversight. Councilman Barker made the motion to pay her a 10% increase, from $3.25 to $3.57 retroactive to July 1, 1976. The motion was seconded by Councilman Jacobs and passed unanimously. Councilman Barker stated there were small stumps or roots coming up all through the lawn at the City Park. Councilman Barker also stated that dogs are running loose in the City Park. She also objected ids opened for ccounting & audit ees otion passed to able decision Robertson Well agreement Motion passed on mill levy Utah League of Cities & Towns Annual Convention Motion passed for Mary Rees' salary increase Stumps at City Park Dogs in City Park 214 Dogs in City Park (Cont.) Street lights for Hillside Drive & Mountain View ex- tension Complaint about septic tank truck Disaster recommen- dation by Utah State Council of Civil Defense Sample resolution he also objected to dogs which are brought to the ark on a leash by their owners. The Councilmen ere in agreement that no dogs should be allowed at ny time in the Park. Councilman Barker made the otion the fourth paragraph in Section 4-10 of the oab City Code be amended to read as follows: "No dog shall be permitted to go or be upon any school premises or grounds or public parks and recreational grounds at any time." Councilman Jacobs stated there are two new dditions in Moab with no street lights on them and ecommended lights be installed on Hillside Drive nd on the Mountain View extension. He was to meet ith Utah Power & Light officials the following day. he Councilmen agreed the lights should be installed. Councilman Jacobs stated Mr. R. O. Horst- ann had complained to him about a neighbor, Mr. armenter, parking his septic tank truck in the treet across from his home. Police Chief Dalton as instructed to tell him to remove the truck from he street. City Administrator Bretzke stated Dana Peck, perations Officer for the Utah State Council of ivil Defense, recommended the City pass a resolu- tion which will eventually.go to the Corps of Engi- eers. He stated that under the Federal Disaster ssistance Program,'application must be made within ifteen days of the time of the disaster. Admini- trator Bretzke read the sample resolution which reads as follows: "The Moab City Council hereby authorizes the Utah State Council of Defense to pursue U.S. Army Corps of Engineer's support for channel clearance of debris and further channel modification to ameliorate flood damage being caused by deterioration of flow due to failure of CCC, Civilian Conserva- tion Corps, baffle work which was constructed in the late 1930's." Motion approved to Councilman Jacobs stated he was in favor of pass resolution aving the resolution be submitted but stated he in support of felt the County should send it in. The Councilmen County ere in agreement. Councilman Jacobs made the motion he resolution be passed in support of the County, ho could send In both resolutions. Councilman arker seconded the motion, which was unanimously roved. Request revision The problem of a public hearing being required Of rezoning ordl- y both the Planning Commission and City Council to nance ezone property was discussed. Mayor McDougald re- uestea City Administrator Bretzke to research the resent ordinance requirements and recommended the rdinance be revised to require only one public hear- ng, either by the City Council or the City Planning ommission. Motion carried to pay moving expense for Mr. Bretzke Councilman Jacobs stated he didn't want to ake the decision alone on City Administrator Bretz- e's moving expense statement but stated the others re in order. Councilmen Barker and Peterson also eviewed the expenses. Mr. Bretzke explained the U- aul bill in detail, following which Councilman eterson made the motion the bills be approved for ayment in the amount of $22,137.25. Councilman acobs seconded the motion, and the motion carried nanimousl 215 :l d" c,- Q V V f The Councilmen agreed the Moab Swim Center could remain open the evenings of August 25, 25, 27 and afternoon and evening on the 28, and afternoon on the 29. The pool is to close August 29, 1976. The meeting was adjou'vned by mutual con- sent at 11:30 P.M. ._ Wm-�� Wm. Dean 1cDouga Ma ATTE�jT� vi d .1. etzke y Recorder l __ it Grr" / 6, / y 7 6 MEMORANDUM TO- City Council FROM: David J. Bretzke SUBJECT: Miscellaneous items R Hours for Moab Swim Center Adjournment fr............- — 1 ITEM Nl Special invitation was extended by County Commissioner, Harvey Merrell, to all members of the City Council to attend a meeting with Senator Frank E. "Ted" Moss, on Wednesday, August 18, at 3:30 P.M. in the City Council Chambers (see announcement in 8/12 Times Independent, Page 1). ITEM N2 .I have invited Mr. Tom May from Aquatech Pools, Inc., Salt Lake City, to come to Moab on the tentative date of August 25 to spend a day with me and other interested parties to help me prepare specifications for bidding for remodeling Moab Swim Pool. An 8 year old boy by the name of Eric Nelson, son of Mr. & Mrs. James Nelson of 571 East 2nd South, injured his foot severely in a Cannonball dive from the side of the pool on Wednesday night, August 11. The tendons and arteries were cut in his foot which necessitated a two hour operation by Dr. Mayberry. Mrs. Nelson came to my office on Thursday morning, August 12, inquiring as to whether we had any insurance for such an incident. I advised her that I did not think we had. I talked to Paul Mayberry at noon, Thursday, and he said that the family was adequately covered by TGI Health Insurance and he felt that the boy would re- cover without any complications. I advised the Pool Manager to secure fire hose from Troy Black to cut and wedge into the lip of the drain trough where the concrete had been broken off. When this concrete cap broke off, •` ex- posed a sharp edge. The Pool staff is restricting this area of the pool from diving. This should serve as a temporary stop -gap until the pool closes on August 29. ITEM N3 Request from Mayor McDougald for members of the Council and John Keogh to be advised that on August 20 and 21, Mr. Jack Raley, Consulting Engineer from Meeker, Colorado, for the Grand County Water Conservancy District, will be in Moab to study alternate plans for the Mill Creek Dais Project. ITEM #4 Mr. Art Maxwell has been invited by the Mayor to come to Moab on August 20 concerning the meeting mentioned above. He has indicated by telephone that he will be here on the morning of the 20th. . ITEM $5 Members of the City Council and County Commissioners are encouraged to attend a meeting on Tuesday, August 24 at 11 A.M. at City Hall, in the Council Chambers to here a discussion by representatives of the Corps of Engineers and the Director of the Division of Water Resources and members of the Grand County Water Conservancy District concerning the Mill Creek Dam Project. 6utib luef aid= -I tic7=vu..,. - - __ - --- nd ITEM N6 I received a telephone call from Dana Peck, Utah State Office of Emergency Services. His boss has talked to the District Engineers in Sacramento requesting the Corps of Engineers' assistance on channel improvement on Mill Creek. He indicated that the District Engineer would like the following information: 1. Ownership of the creek, City or County? 2. A guarantee from the City and County that if right-of-way was needed for work to be done that it would be acquired by the City and or County. 3. A guarantee from the City and or County that any control structure installed would be maintained by the City and or County. 4. To obtain as much information as is available concerning the CCC baffle work that was done by them in the 1930's. Can you give me any information? ITEM N7 Paving Park Drive and McGill Blvd. I contacted Skip Nightingale this week and he indicated that he would be willing to loan the City the necessary money at 6% interest on a ten year note to cover paving of these two streets and curb and gutter where needed. I have contacted 90% of the property owners and they expressed a willingness to cooperate with the City (no strong objections). I also contacted Hank Ruggeri and discussed the improvements with him. We came to the conclusion that the establishment of a Special Improvement District is necessary, however, not popular with us. Councilman Jacobs, John Keogh, Lynn Day and I made an inspection of the drainage on 5th West Street at McGill Blvd. and determined that new curb and gutter will have to be installed from Moenkopi northerly to Skip Nightingale's home and additional culverts will be needed to cross 5th West Street to an existing irrigation ditch across the street from Skip Nightingale's home. John Keogh and his staff are preparing engineering documents necessary to establish a Special Improvement District. We will have this information for the Tuesday night meeting of the Council. I have asked Mr. Ruggeri to assist me in doing the legal work necessary to establish a district. A public hearing will be necessary publication of notice in four consecutive weeks of the local newspaper. Mr. Ruggeri and I determined that on a ten year pay -back schedule by property owners, the only safe way to do it was through the district set-up. Determination will have to be made concerning the patchwork paving by the existing pavement and curbing on 5th West Street from Sam Taylor's house northerly. We will have cost estimates on this_by Tuesday night, as\well as estimate engineering costs for the entire district. ITEM IR Ron Robertson called Friday and said he would like to consumnatehis contract with the City in regards to the acquisition of his well. If there are any last minute corrections on the contract he would like them resolved, and that he would like to have final agreement reached at the Tuesday night meeting of Council. c nd ed L.unatuer-au—rnc,cuo — — August 17, 1976 A regular meeting of the Moab City Council was called to order at 7:35 P.M. by Mayor Wm. Dean McDougald in the City Council Chambers. Councilmen Barker, Jacobs, Tomsic (late) and Bonser were pre- sent. Councilman Peterson was absent. Also present were City Administrator -Recorder Bretzke, Water - Sewer and Street Superintendent Day, City Auditor Claus, City Engineer Keogh and Deputy Recorder Judy Marshall. The minutes of the regular Council meeting of August 3 were unanimously approved on a motion made by Councilman Barker and seconded by Councilman Jacobs. Mayor McDougald stated a decision regarding the appointment of an accountant for the fiscal year 1976-1977 and also an auditor for the same period had been postponed until this meeting as a full Coun cil had not been present at the previous meeting. Councilman Barker noted that at this time there were still only three Councilmen present and that Council man Tomsic, the Councilman assigned to Finance, was not yet present. Councilman Barker requested the discussion be further postponed until Councilman Tomsic is present. The discussion was postponed until later in the meeting. Ed Claus, City Auditor, explained the pro- posed water and sewer utility fund budget for the fiscal year 1976-77. Mr. Claus pointed out that the Utah State Standardized Accounting System requires the Water and Sewer Fund be set up on an accrual ba- sis and that under this system of accounting the utility Fund had lost $11,108.00 during the 1975- 1976 fiscal year. Councilman Tomsic entered the meeting at 7:45 P.M. Revenue of $201,000 is anticipated for the Water -Sewer Utility Fund for the 1976-1977 fiscal vear. Expenses of $176,950 are also anticipated. On the accrual accounting system, revenue would be the same; however, expenses are estimated at $219,95 This figure includes $52,000 in depreciation costs and reflects an $18,950 accrual loss. With capital expenses of approximately $207,000 estimated for the coming year, the City will have in reserve about $175,000 plus $33,000 anticipated profit from the year's operation. This amounts to $208,000 cash available, which after de- ducting $13,000 in bond payments, will give a net of $195,000 to spend on the needed improvements to the system. Because of these projections, the Councilmen agreed a rate study should be made to consider an increase in water rates, if warranted. ud Regular meeting Attendance Minutes approved Discussion on accountant & audi- tor postponed Water & Sewer fund budget Councilman Tomsic entered meeting 1976-77 Water - Sewer Utility Fund Rate study agreed upon 2 16 Discussion on audito A accountant for 1976-77 Thomas Stocks bid Ron Auger bid Letter from Mr. Clau Motion approved to retain Mr. Claus Motion approved to adopt Ordinance 4-76 Business license ;ordinance amend- ment 5-76 Motion approved to adopt Ordinance Amendment Motion to amend Moab City Business License Resolution of 1-16-73 Proposed amendment Motion passed Robertson Well The discussion regarding appointment of an accountant and auditor for the fiscal year 1976-1977 was resumed. City Administrator Bretzke stated that at the August 3, 1976 Council meeting bids had been opened from Mr. Thomas A. Stocks and Mr. Ron- ald Auger. Mr. Stocks had bid $3,480 fro the month- ly computer financial statements. He did not bid the annual audit. Ronald Auger had bid $450.00 for the,monthly,computerofinancial reports and asso- ciated bookkeeping. 'He also bid $3,000.00 for the annual audit. He stated his fee for any extraor- dinary conferences requested by the Administrative staff of the City Council would be $15.00 per hour up to December 31, 1976 and $18.00 per hour up to June 30, 1977. On August 10, 1976, a letter was received from Mr. E. J. Claus. The firm of E. J. Claus, Certified Public Accountant, has provided auditing and accounting services for the City of Moab for the past seventeen years. The letter stated the firm wished to stand on the basis of its past record with the City and emphasized that the work could be continued without interruption. The letter further stated that fees are computed on the basis of the time actually spent and are influ- enced by'current experience of City personnel plus the quantity and type of transactions involved. He stated that extraordinary problems which might occur and which might require additional time and charges would be performed at the request of or after discussion with City personnel. Councilman Barker made the motion to retain Mr. E. J: Claus for the monthly accounting work and that the annual audit be awarded to Mr. Ronald Auger. The motion was unanimously approved. A public hearing had been'scheduled for this date to consider adoption of a proposed amendment to the dog ordinance. A motion was made by Coun- cilman Barker, seconded by Councilman Tomsic and approved unanimously, that proposed Ordinance 4-76 be adopted. The ordinance reads as follows: For text of Ordinance, see following page. A public hearing had also been called,to consider adoption of an amendment to the business license ordinance. Mr. Ray Tibbetts was in atten- dance representing the Moab Retail Merchants Asso- ciation, who urged adoption of the proposed ordi- nance amendment 5-76. Following considerable dis- cussion, Councilman Bonser made the motion Section 13-28 of the existing Moab City Code be amended to read as follows: For text of Amendment, see following page. A motion was seconded by Councilman and approved unanimously. Councilman Barker stated the County Commissioners had assured her they would also adopt a transient business license ordinance. Councilman Bonser also made the motion a Moab City Business License Resolution adopted January 16th, 1973, be amended as follows: "Add: Transient Merchant Retail business collecting sales tax. $10.00 application fee to be made at the time of filing ap- plication, payment non-refundable, and further, to pay to Moab City a yearly li- cense fee of not less than $500.00 plus % of gross sales, payable quarterly." Councilman Barker seconded the motion, and it was unanimously approved. Mr. Ron Robertson was present to discuss the proposed purchase of his well by Moab City. Mr. Rob- ertson stated the rough draft proposal prepared by 21' 7 City Attorney Ruggeri was acceptable to him. Count Motion passed to cilman Jacobs made the motion, seconded by Counci�- adopt purchase man Barker and passed unanimously, that the fol- agreement for lowing purchase agreement be adopted For text of Robertson Well purchase agreement, see following page. Paving of McGill Boulevard and Park Drive Paving of McGill was discussed. It was pointed out that a uid had i Blvd & Park Dr. been received from Engstrom Construction in _March I to pave 222 feet to finish Park Drive to 5th West,' 7,770 sq. ft. City Administrator Bretzke stated he had contacted the property owners and that they had verbally tentatively agreed to pay for their I full half of the street. The total cost would be approximately $2,875.00. He stated another com- pany had indicated a desire to bid on both pro- jects. The cost of pavement on McGill and Taylor of 24,325 sq. ft. is anticipated to cost approxi- mately $9,343.00. It would be appropriated back according to frontage of each property owner on that street. Mr. Wade Tangreen, representing the Moab Sportsmen's Club, stated the Club had recently held a picnic and dance at the Old City Park and C7 stated they would like to see the cement slab -In- d" creased in size to accomodate more tables and area C, for dancing. Mr. Tangreen pointed out that if the A City would furnish the concrete the Club would do- V nate the labor to increase the size of the cement slab. He stated the Club would like to hole another picnic and dance at the Old City Park on September 18 and that they would like to complete the project at least two weeks before then. The Councilmen expressed concern about allowing dancin at the park as it had led to problems at other locations in the past. It was suggested to Mr. Tangreen that the Club consider Lion's Park for their dances. Mayor McDougald stated he understoo the County is planning two such facilities at the Rodeo Grounds and also at Lion's Park and sug- gested he contact Bobbie Domenick. Councilman Barker made the motion the matter be taken under advisement and that a decision be made by the Council at the meeting to be held on September 7, 1976. The motion was seconded by Councilman Tom - sic and approved unanimously. Councilman Jacobs suggested that he and Councilman Barker meet with Mrs. Edwards, caretaker of the Old City Park, and discuss the proposal with her. Mayor McDougald stated that when City Ad- ministrator Bretzke was hired he had stated a pre- ference to participate in the International City Management Association Retirement Corporation pro- gram in lieu of the Utah State Retirement System. He stated Mr. Bretzke had requested for three months by letter and by telephone an opinion from the Utah State Attorney General's Office and had nc,:, received an answer. Two letters of request had also been submitted by the Utah State Retire- ment System. Mayor McDougald stated he felt Mr. Bretzke's request to participate in the ICMA Re- tirement Corporation should be granted and that the City contribute for Mr. Bretzke in an amount equal to other City employees and that the City pay into the plan retroactive to Mr. Bretzke's date of employment. Councilman Bonser made the motion, seconded by Councilman Barker and passed unanimously that the following resolution be passed: For text of Resolution 4-76, see followin page. Councilman Bonser stated that at budget time two cars for the Police Department had been approved. He also stated that both Gaither Chev- rolet -Pontiac and Peterson Ford had given a verbal bid of $200 over cost. He recommended purchase of I i Request to enlarge cement slab at Old City Park Council concerned about dancing at Old City Park Motion approved to decide at 9-7-76 meeting Retirement pro- gram for Mr. Bretzke Resolution 4-76 approved Automobiles for Police Department it'8 Automobiles for Po- lice Department (Cont.) Proposal for City Yard access approved Cut -and -fill sites Letter regarding Ray Fetters' fence Motion passed to write letter reques- ting removal by owner Request meeting on insurance Sign at Friendship Inn Motel Motorcycles in Walker Subdivision Bill approved for City Ball Park roof Skakel Spring a 1976 Chevrolet Catalina from Gaither's lot for $5,460 with a trade-in of $400. It was recommended that written bids be obtained from both Gaither and Peterson Ford for both automobiles. Councilman Tomsic stated she had met with Councilman Jacobs and that they would recommend the following policy be adopted for the Moab City Yard to go into effect September 1, 1976: The City Yard will open at 8 A.M. and close at 5 P.M. Monday through Friday. It will be closed weekends and holidays. Those persons needing access to the yard for water and the use of the scales should arrange their schedule to meet these business hours. The motion was made by Councilman Barker, seconded by Councilman Bonser and passed unanimously, that the above -stated proposal be adopted. Councilman Jacobs stated that a Utah State Health Department Hydrologist had been in Moab the week before and that they had looked at cut -and - fill sites. A site about five miles south of town and another seven miles north of town seemed the most promising. He stated he had been instructed by the BLM that they would have to do an impact study on any site selected. Councilman Tomsic stated she had received a complaint from a citizen regarding the fence owned by Ray Fetters located at the corner of Center Street and Third East. She stated she felt the City should contact Mr. Fetters and inform him his fence is in a dedicated right-of-way. The form signed by Street Superintendent Day and Mr. Fetters states that Mr. Fetters would remove the fence upon re- quest from the City at his own expense. A motion was made by Councilman Tomsic, seconded by Council- man Barker and passed unanimously that City Admini- strator Bretzke write a letter requesting the fence be moved back to the property line, both on Center Street and Third East. Councilman Tomsic suggested a meeting be held to discuss the City's policies with Central Utah Insurance Agency. A special Council meeting was scheduled for August 31, 1976 at 8:00 P.M. provided the insurance agent, Mr. Leonard Burton, could be present. Councilman Barker stated she had received complaints about the height of the sign in front of the new Friendship Inn Motel. Councilman Barker stated motorcycles were still causing considerable noise disturbance in Walker Subdivision. It was believed that the pro- perty on which the motorcycles were riding belongs to Independent Lumber Company. It was decided to have Chief of Police Dalton talk to James Ellis and verify that the City could put pressure on the riders and also to see if he would permit the property to be posted. Discussion was held in regard to the bill submitted from Key Construction for the City Ball Park roof in the amount of $1,344.00. Councilman Barker made the motion the bill be paid from Reve- nue sharing. The motion was seconded by Council- man Tomsic and passed unanimously. Attorney Ruggeri stated he had written to Tenneco and informed them the City didn't need the ,water from the spring as it couldn't utilize it for such a short time. He also stated he had asked them to put a price on it. The reply was that they would be willing to give the water to the City if they could get a high enpugh price placed on the water so they could use it as a tax advantage. Mr. 219 co d" co Li V U Ruggeri stated that the City would be willing to set a price for the water at the same rate for which the City sells it. Councilman Barker made the motion to instruct Attorney Ruggeri to write a letter to Tenneco stating that if Tenneco would give the City the spring that the City would be willing to set a price for the water at the same rate for which the City sells it. The motion was seconded by Councilman Tomsic and carried unani- mously. Motion passed for letter to Tenneco on water price for Skakel Spring Councilman Tomsic made the motion, second- Bills approved ed by Councilman Barker, that the bills be paid as submitted. The motion was unanimously approved The meeting was adjourned by mutual consenl;.Adjournment can 'cDougal, Mayor ATTESA: David J. etzke,`City Recorder August 31, 1976 The Moab City Council met in special ses- sion on Tuesday, August 31, 1976 at 8:00 P.M. in the City Council Room, Moab, Utah. In attendance were Mayor McDougald and Councilmen Barker, Bonser and Tomsic. Absent were Councilmen Jacobs and Peterson. Also attending were David Bretzke, City Administrator -Recorder; Leonard Burton, Central Utah Insurance Agency; Ray Tibbetts, Don Knowles, Ray and Barbara Fetters and eight members of the Moab Sportsmen's Club. The special meeting was called to discuss the City's insurance policies as it pertains to Comprehensive and Liability Coverage; however, other matters were taken up. The first item of discussion concerned the transient merchant, "Peacock Furniture", from Hobbs, New Mexico. This firm has failed to file quarterly reports of business transacted in the City for the past two years, and the salesman had indicated earlier in the previous day that they had never sold any furniture in the City on any of its prior stops here. A survey had been conducted and it was determined that the fir- `ad made pre- vious sales. A motion was made by Councilman Tomsic, seconded by Councilman Barker and approved unani- mously, that the Peacock Furniture business licens be revoked due to this company not filing any quarterly reports for the past two years, as re- quired by Section 13-23 of the Moab City Code. Mayor McDougald suggested that the Council revoke all transient business licenses after the thirty day waiting period for effective date of revised ordinance pertaining to transient mer- chants, which will be September 25, 1976. This is for Ordinance 4-76 and 5-76. New applications would have to be made before Council on all ex- isting transient business license holders. A re- vision of the resolution establishing fees would have to be prepared for Council consideration set- ting a flat fee for door-to-door slaemen, retail or wholesale distributors who are residents of the City, such as Avon, Amway, Fuller Brush, Shak- lee, Kirby, Tupperware and other business such as these. Special meeting Attendance City's Insurance policies "Peacock Furniture Filed no quarterly reports Motion passed to revoke business license of Peacock Furniture Revocation of trail. sient business licenses after Ordinances 4-76 & 5-76 are effective New applications Fees 220 Insurance policies Mr. Leonard Burton, representing Central Utah Insurance Agency then came before the Coun- cil to discuss the City's Comprehensive and Liability Policies. Amounts of coverage; Mr. Burton explained the amounts of cov- ferage the City has on Comprehensive General Lia- 'bility, $100,000 Bodily Injury per person, $300,000 tper occurrence; and $300,000 aggregate per year. Coverage Legal water sewer Property Damage has a $50,000 limit. The City has the same limits on vehicle liability. t liability for' The City Council was concerned that it pressure & !may not have proper coverage to cover recent back-up problems with excessive water pressure and backed - !up sanitary sewers. Mr. Burton said the insurance company has to establish a legal liability and ,that certain occurrences were protected by govern- mental immunity. Negligence would have to be iproven on the part of the City for the insurance company to pay a claim. Mr. Burton said "Liability ;is based on what the prudent man would do". If the City is legally liable, then the insurance com- pany would pay the claim, but if the City Council felt a moral obligation to a citizen, then the !company would not pay a claim. High water damage Ray Fetters' fence Concrete slab at Old City Park Objection to dancing Motion passed to supply fill and concrete Sportsmen's Club picnic tables i pressure Mr. Burton said he would review the facts .of the case regarding the recent damage caused by !high water pressure with his company's adjuster. 1 i Mr. Ray Fetters of 321 East Center Street Ins present concerning the recent request of the !City Council to require him to move his newly installed 42" chain link fence back to his proper- 'ty line on the south and west sides of his proper- ty. Councilman Tomsic had indicated that she had accompanied Administrator Bretzke to Mr. Fetters' ;residence. After reviewing the situation and ;discussing it with various members of the Council, ;they felt the matter should come up again at to - ;night's meeting. Mr. Fetters' fence is 5'3" from !the curb line, both on Center and 3rd East Streets. 'The property line is 14 feet from the curb on Center Street and 20 feet from the curb on 3rd East Street. After considerable discussion, the Council decided to take the matter under advise- ment until such a time as the Council finds it needs to move the fence. Representatives from the Moab Sportsmen's Club were present to continue discussion of in- stalling a concrete slab at the Old City Park. Councilmen Barker and Jacobs had inspected the park with Park Maintenance Keeper, Ocea Edwards. "t was recommended that the slab be placed over the old dried up ponds and that the City would furnish the fill and cement for this project. Labor would be donated by members of the Sportsmen's Club. The Council objected to the slab to be used for dancing. The Council said that the County was planning to install concrete slabs at the Lions' Club Park and Rodeo Grounds, where dances might be held. A motion was made by Councilman Barker, seconded by Councilman Bonser, that the City fill the ponds with fill and supply concrete for a fl- inch slab. The motion was unanimously ap?roved. The Sportsmen's Club said it would move picnic tables it owns up to the Old City Park with the right to remove them at such time as they needed Ahem at some place of their own. The City ac- lcepted this offer on the condition that the City would not be responsible for any damage which might occur to them. The Club would notify the City when the tables were installed and how many, said spokesman John Eastwood. The noise problem at the Hitch-N-Post was again brought up for discussion. No action was taken. 221 Hitch-N-Post CrJ Tr of 4 V V The Council was alerted to the fact that they could expect requests from special groups for the need of an ordinance restricting, the size of signs and weeds on lots. ATTE Meeting was adjourned. G� J. etz / e 40," J, ) m Dean McDougald, ayor David , pity Recorder September 7, 1976 A regular meeting of the Moab City Council was cal- led to order in the City Council Chambers at 7:30 P.M. by Councilman Jacobs in the absence of Mayor Wm. Dean McDougald. Councilmen Barker, Bonser, Peterson and Tomsic were , present. Also in attendance were Attorney Ruggeri (late), Cith Engineer Keogh, Water -Sewer and Street Superintendent Day, City Administrator -Recorder Bretzke and Deputy Recorder' Judy Marshall. The minutes of the regular City Council meeting of August 17, 1976 were approved unanimously on a motion made by Councilman Barker and seconded by Councilman Tomsic. Mr. Lester Walker was present to present his final subdivision plat for approval. City Engineer Keogh stated the City Planning Commission had reviewed the final plat at 1 its last meeting and had recommended it be approved. The plat consists of four lots on Hillside Drive at the inter- section of Walker Street. The lots are 90' by 100' or 9,0001 square feet. Water and sewer, paving, curb and gutter, and f sidewalks are in. City Engineer Keogh stated all require- i ments had been met. Councilman Tomsic made the motion Mr. Walker's final plat be approved. The motion was seconded byi Councilman Bonser and unanimously approved. Councilman Jacobs stated the building permit fee for, the new L.D.S. Church on Fourth North was being presented for abatement as it is for a non-profit organization. It , was pointed out that the contractors have taken out licenses Councilman Bonser made the motion the fee be abated. The motion was seconded by Councilman Peterson and approved unanimously. An application for a water connection by Joanna M. Shupe on Spanish Valley Drive was presented. The request was to tap into an existing 16" main. The lot the Shupes wish to buy is located between King and McQuirt on Spanish Valley Drive. Councilman Jacobs stated there has been some problem of loosening the lining of the 16" main. He also pointed out that no new connections had been granted in the County this summer in view of ,the water shortage. The Shupes stated they are now living in the City and are presently on , City water and would not represent an increase in present useage. Councilman Jacobs stated he would have to discuss the request with Water Superintendent Day and that he would f advise them of the decision as soon as possible. 1 Mrs. Dannette Winfield had presented a letter dated September 7, 1976 to the City Council requesting a crosswalk] be placed on State Highway 163 between the High School and i the Tastee Freez, located at 396 South Main. Administrator j Bretzke stated the owner of the Tastee Freez, Paul Dow, had called him today and also requested the crosswalk. Follow- ing considerable discussion, Councilman Tomsic made the mo- tion the City Administrator write a letter to the State i Size of signs and weeds on lots Adjournment Regular meeting Attendance Minutes approved Walker final sub- division plat approved Building permit fee for new L.D.S. Church abated Joanna Shupe re- quests water con- nection Request crosswalk across State Hwy 163 2 2 Crosswalk (Cont) Attorney Ruggeri entered meeting Bids opened on trac- tor -loader backhoe Bids Detailed study of bids approved Request to adopt sign ordinance Friendship Inn sign Highway Department requesting the crosswalk. Councilman Bar- ker seconded the motion. It was recommended that the State Highway Department study the location and that letter from Mrs. Winfield be forwarded to Utah Highway Department. Coun- cilman Bonser stated he would request the area be patrolled by the Police Department during the noon hour. Attorney Ruggeri entered the meeting at 7:55 P M. An invitation to bid had been mailed to ten heavy equipment sales companies as well as published in the Times Independent on August 12, 1976 requesting bids on a tractor - loader backhoe. The following bids were received and were opened by Administrator Bretzke. The bids read as follows: 1 Peterson Tractor & Ford' Model 4500, Implement, Inc. 1968 model 2. Pete Honnen Equip. Co. Alternate bid '3. Rocky Mountain Machinery Company 4. Western Implement CO., Inc. '5. Marlcopa Tractor Co., Inc. J.I.Case 580 C Alternate bid i ,6. Scott Machinery Co. Case 580 C Used 75 Model, 500 hrs. New John Deere Model JD 310A New John Deere 410 $18,945.00 (no trade) $12,390.00 (w/trade) $19,164.12 New John Deere 310A Wheel Loader Backhoe $17,624.00 Less Trade-in 5,000.00 Internation Harvester $13,900.00 1974 Model (no trade) $ 9,900.00 (w/trade) Df211F Ford 550 419,989.00 Tractor (no trade) $12,989.00 (w/trade) $17,400.00 (no trade) $15,600.00 (w/trade) $15,000.00 $26,085.00 (no trade) $14,474.00 w/trade) Net with trade 14,474.00 New John Deere Model JD 310A $18,974.00 .(no trade) Councilman Jacobs stated that since some companies had 'bid various optional equipment and some had bid with and with - 'out a trade-in, he requested the Council permit Administrator Bretzke, Water -Sewer and Street Superintendent Day and him- self go over the bids in detail and discuss their findings with the Councilmen individually. The request was granted on �a motion made by Councilman Tomsic, seconded by Councilman Bonser and approved. Councilman Jacobs stated he would con - !tact the Councilmen by the following Monday. i Connie Caouette, President of the Moab City Chamber 'of Commerce, stated he was present in regard to a letter he had written to the Moab City Council dated August 30, 1976, on behald of the Chamber requesting the Council to consider adopting a sign ordinance. The sign in front of the new Friend- ship Inn on Main Street had caused concern by some members of the Chamber in regard to its size. Mr. Caouette stated the Chamber was most concerned that more large signs not be per- mitted_in the City. Considerable discussion was held regard- ing sign ordinances which some other cities have adopted restricting the height, width, square footage, distance from the street and brightness of signs. Mr. James Wanie- lista, owner of the Prospector Motel in Moab, stated signs `are a means of advertising, and that he does not feel the Council should place restrictions on signs. M ce) A U V Mrs. Emma Walker and Janie Walker stated that when permission was given for a right-of-way on their property for the new Millcreek Bridge that they had been promised re- imbursement for land taken. They stated they would like an answer. 223 Mill Creek Bridge Janie Walker further stated six feet of dirt had Dirt removed been removed from her property by the contractor to make the, Janie Walker road embankment and that she would see that it is returned. iperty Councilman Jacobs stated that the City's money for the bridge had been turned over to the County, who had handled all dealings with the contractor, L. A. Young. , Mrs. Emma Walker also stated that there are not ade- quate signs, particularly at night, stating that the bridge is out and that she fears -someone will be killed. Mrs. Emma Walker further stated that she owns a sec- tion of land where the gravel pit operated by Engstrom Con- struction is located which was annexed into the City some years ago, when Melvin Goff had built a trailer court on Powerhouse Lane. She stated Mr. Goff had requested the pro- perty be placed inside the City limits so he could obtain City water rates. Mrs. Walker stated her land is adjacent to Mr. Goff's and that her adjacent land had also been placed inside the City limits to provide a continuous City limit. Mrs. Walker further stated that the action was taken withou proper notification or public hearing and that she had not agreed to her property being placed inside the City limit and that she would now like to have her property placed back into the County. Councilman Jacobs stated he had no know- ledge of the transaction but that he would investigate the situation and report to her as soon as possible. Mr. Ray Fetters was present to again discuss his recently -installed fence at his residence at Center Street and Third East. He stated he wanted an answer within three days as=to whether or not his fence would have to be moved back to his property line. Councilman Jacobs stated the City would give him a definite answer within three days, and Mr. j Fetters departed from the meeting. Councilman Tomsic made the motion that Mr. Fetters be informed that his fence is inl a dedicated right-of-way and that it will have to be removed. Councilman Barker seconded the motion. Councilmen Barker, Peterson and Tomsic voted aye. Councilman Bonser voted nay. The motion carried. Mr. and Mrs. Robert Zufelt of 395 East ' Center were present stating that they want to erect a fence in the near future and requested a determination as to how far from the property line it can be placed. Councilman Jacobs stated he would investigate and advise them. Councilman Tomsic stated David Johnson, the local State Health Officer, had contacted her regarding the pos- sibility of setting up a rabies vaccination clinic in view of the recent confirmed cases of rabid bats in the State. Mr. Johnson had told Councilman Tomsic that the City should , request that Doctor Chase arrange for the clinic. The rabies vaccination is $3.00 if it is obtained at a rabies clinic. City Administrator Bretzke was advised to check with Dr. Chase regarding need for such a clinic. Mrs. Narlene Manson requested the City amend the truck parking law to prevent all parking of trucks carrying flammable and self -oxidizing materials and trucks carrying explosives. It was pointed out that these trucks are pro- hibited in residential areas by State law, and also that any truck over two tons is prohibited from a residential area by City Code. Mrs. Manson asked about the City providing an area in which to park the trucks containing dangerous materials. Administrator Bretzke stated he did not know if the City were obligated to provide such an area. Discussion was held in regard to bids for the Robert- son Well pump. Administrator Bretzke stated he is soliciting quotations from local electricians to supply and install an electrical panel and/or supply materials. The original in- vitation to bid mailed was to include installation on the pump. from pro - Inadequate signs at bridge Annexation of Emma Walker's land Request land revert back to County Ray Fetters' fence Motion carried to request removal of fence Rabies vaccination clinic Request to amend truck parking law Bids for Robertson Well pump 224 Bids for Robertson Well pump (Cont) Peterson Brothers bid Accept Peterson Brothers bid Installation local Bills approved Portable radio for Swim Pool stolen Adjournment Regular meeting To begin officially at 8:00 P.M. May discuss agenda 'Attendance Four bids were received on the pump as follows: 1. Rhodes $ 9,917.00 plus freight and installation 2. Peterson Bros. $ 8,362.00 Pump & materials 1,650.00 Installation $10,012.00 Total installed $ 1,517.00 Control panel not installed 3. Nickerson Company, Inc. $10,676.00 1,825.00 $12,501.00 Pump & materials Installation Total installed 4. Fowler Equipment Co., $ 4,815.00 Pump, FOB Fresno, Inc. California Alternate Bid $ 700.00 Electrical panel, FOB Moab $ 3,762.00 Pump, FOB Fresno, California ' 1 It was the recommendation of the Consulting Engineer that the City accept the Petersen Bros. bid for the pump and jto get the panel and materials and installation done by a local contractor. Petersen Bros. bid a Floway 50 H.P. oil Aube vertical turbine pump from Fresno, California. No deli- ivery date was specified. i Councilman Bonser made the motion the bid from Peter- sen Bros, be accepted and that the installation be done by a !local contractor. The motion was seconded by Councilman ;Peterson and unanimously approved. G Engineer Keogh presented a bill to the City in the 'amount of $2,378.00 to be added to the list of bills for iapproval on September 7, 1976. This brought the total bills ;presented for approval to $27,241.81. Councilman Tomsic 'made the motion the bills in the amount Of $27,241.81 be iapproved. The motion was seconded by Councilman Barker and !approved unanimously. ! Administrator Bretzke stated that he had approved the ;purchase of the portable radio for the Swim Pool and that it shad subsequently been stolen. Councilman Bonser moved for adjournment at 10:15 P.M. ;The motion was seconded by Councilman Peterson and approved /unanimously. i (ATTEST A Wm. Dean McDougald ayor David J. Breke, City Reorder September 21, 1976 A regular meeting of the Moab City Council was called to order in the City Council Chambers at 7:45 P.M. by Mayor Wm. Dean McDougald. Mayor McDougald made the announcement that being legally bound, the City Council meetings would begin officially hereafter at 8:00 P.M. The Councilmen were given the opportunity to discuss items on the agenda prior to the official beginning. Councilmen Barker, Bonser, Tomsic, Jacobs, Peterson, City Administrator Dave Bretzke, City Engineer John Keogh, Water -Sewer and Street Superintendent Lynn Day, Deputy Recorder Judy Marshall, and Karen Mitchell were present. Also in atten- dance were Mrs. Marian Narans, Delbert Oliver, Marlene Manson, Mr. and Mrs. Gene Day, Connie Caouette and Mr. Alva Rockwell. M rN 00 Q U V i 225 The pump situation was clarified by Mayor McDougald. Pump for Well S6 Parts were to arrive from Idaho Falls to replace the pumping , mechanism of Well #6. It was recommended by Water -Sewer and , Street Superintendent Day and Public Works Superintendent Jacobs, after pulling the pump, that we should buy a complete new string to equip Well #6. The problem of the City relying. on one well will soon be alleviated when the Robertson Well and the Corbin Well are brought into the system next season. ' As soon as the Golf Course 4-A Well can be withdrawn from the system, the better off the City will be, and this will eliminate sand in the water. Councilman Tomsic asked about the possibility of a storage tank but was advised that the City was not finan- cially equipped to do so. A large reservoir would be likely solution, but not possible at this time. Councilman Jacobs stated that when new wells are brought into system, it will make it possible to alternate and to shut down one well for maintenance without causing critical water situation. Five years is a normal tear down for a pump and, unforeseeable problems caused premature breakdown of Well #6. Repairs were expected to be completed by noon the next day. Councilman Jacobs introduced Mrs. Marian Narans to the Council. Before her business was stated, Mayor McDougald officially opened the meeting at 7:55 P.M. Possibility for storage tank or reservoir Well N6 repairs Mrs. Marian Narans introduced - meetin officially opened Mrs. Narans stated that the new addition in Walker Property damage Subdivision was causing considerable damage to her lawn from from Walker Sub - disturbance of terrain, and could foresee additional damage division to her property, as well as her neighbors properties. One rain so far, since construction, has already caused fill to wash down into her yard from lots on Hillside Drive. Mayor McDougald stated we would check into the legal aspect as to Check legal aspect what could be done. Councilman Barker reminded the Council that at a previous meeting it was decided that the property owners would have to instigate a Court injunction against the contractor to stop the problem, however, construction has been completed. Mayor McDougald stated that the loaning institutions should not have allowed the loans on the homes without stabalization of the back yards. Mayor McDougald asked City Administrator Bretzke to look into the legal aspects and also to get in touch with the loaning institu- tions advising them of the problem. Mayor McDougald sug- gested postponing action until receiving a legal opinion. The minutes of the regular City Council meeting of Minutes approved September 7, 1976 were approved unanimously on a motion made by Councilman Barker and seconded by Councilman Bonser. Mr. Ruggeri entered the meeting at 8:10 P.M. (late). Mr. Ruggeri enter- ed meeting Mr. Gene Day, District Manager of the B.L.M., was in attendance and took the opportunity to voice his opinion as to the needed improvements of the irrigation ditch lo- ' Irrigation ditch cated behind the Visitor's Center. Mr. Day's property was by Visitor's flooded and filled with sediment during the last flood. Center When the ditch floods, it runs into the unfinished street Off of McCormick Blvd. This is a dedicated street by plat only, and until the property is subdivided, the street will not be built as it is the responsibility of the subdivision. Mr. Day stated that he is quite concerned about the problems caused from the irrigation ditch and would like to see some resolution once responsibility is determined, and they would be most happy to Join others in seeing that the situation is corrected. Mr. Day's main purpose in attending the Council meeting was regarding some corrections needed on Main Street with regard to B.L.M.'s new office. Mr. Day stated that there is quite a bit of illegal parking in the yellow zone in front of the Ramada Inn Just before 200 South, going south. This is causing a visibility hazard and drivers are forced to pull way out into the intersection before turning onto Main Street. Mr. Day requested sight distance on the southwest corner of intersection on the Ramada Inn property. It was also mentioned that the same parking situation exists at the Poplar Place. Mayor McDougald suggested that the Illegal parking by Ramada Inn 6 Pop- lar Place 226 'curbs be repainted and ticket illegal parked cars. Ditch behind Visitor's Mayor McDougald presented a letter to the City Coun- Center cil from Marge Shaffer, Secretary of the Moab Irrigation Company, regarding the ditch behind the Visitor Center. The !letter read that they objected to the City leaving an open !ditch in the Visitor Center- property and preferred a culvert. After considerable discussion, it was decided that a culvert his not the solution, but would only aggravate the problem. It was suggested that any complaints from citizens regarding flood damage stemming from the irrigation ditch should be 'referred to the Council. Due to the absence of Mr. James iWalker, President of the Moab Irrigation District, nothing !could actually be gained regarding the ditch behind the {Visitor Center, or maintenance of the irrigation ditches. Motion to write Moab Councilman Tomsic made the motion that a letter be written Irrigation Company Ito the Irrigation Company, and seconded by Councilman Barker, withdrawn 'asking them to maintain their ditches. Motion was withdrawn, 'however, as the City has no jurisdiction over the Irrigation 'Company. Alva Rockwell re- Mr. Alva Rockwell made a request for a water connec- 'quests water connectl-tion outside the City limits. At the present time, the Lion outside City City's water shortage does not permit them to tap into present lines available in the County, as the first obliga- tion of the City is within the City limits. At the time Mr. Rockwell purchased his property, he and Mr. Joe Taylor had a verbal agreement that he would be allowed to use the water from Mr. Taylor's spring, but lately agreement has been on a day-to-day basis. Mayor McDougald agreed to speak to Mr. Taylor on Mr. Rockwell's behalf and also suggested that Will consider ap- Mr. Rockwell fill out a water application, and as soon as the plication when water water situation was improved, the Council would consider his situation improves application. Another suggestion was to drill a well, or deepen the well already on his property. Tapping the 16" main would be absolutely impossible and also tapping in to an already weakened line, plus there is not enough pressure to maintain the water line. The consulting engineering firm in Salt Lake does not recommend individual taps or lines. Robin's Nest Sub- Delbert Oliver was present making the request that division City Council consider approval of the final plat of Robin's Nest Subdivision (L ow Imcome Housing Project). At beginning of project Mr. Oliver contacted City Engineer Keogh as to the number of lots allowed and also, the possibility of sidewalks, and Mr. Oliver said it was City Engineer Keogh's opinion that they were not necessary. The Farm Home Loan Administration is financing the homes that are going into the subdivision and they do not feel sidewalks are necessary. Costs & committed Mr. Oliver presented to the Council, the minimum cost of the revenue developed subdivision and the committed amount of revenue Mr. Oliver will receive from the subdivision. These figures were furnished to Mr. Oliver by City Engineer Keogh: Pavement $ 6,000 Curb & gutter 4,305 Sidewalks 3,146 Fire Hydrant moved 100 Land 10,500 Survey 1,000 Plumbing 1,700 Minimum Cost $26,460 $ 4,500 Farm Home Adm. allowed per lot $22,500 $4,500 x 5 lots $26,460 Total Cost 22,500 Total Revenue $ 3,960 Cost over Revenue Request for vari- Mr. Oliver stated he cannot raise the price to the buyer be- ance for no side- cause he asked the Farm Home Loan to approve each one of these walks homes and each buyer before he started the Subdivision. Mr. Oliver requested a variance not to put the sidewalks in because there are no other sidewalks in the area, and no place for sidewalks to go. Also, it is a short cul-de-sac and there is nq through traffic. Mr. Oliver would like to leave a right-of-way or an easement for sidewalks in the event there is an improvement district, and sidewalks are put into the whole area, or part of the area, there will be an ease- ment there and the people,•at a later date, can put sidewalks in. Mr. Oliver can get a letter from each pre -determined homeowner requesting that the sidewalks not be put in. Farm d" M Q U U Home Loan Administration stated they do not feel that side- walks are necessary and they are not going to request them. City Attorney Ruggeri advised that the only ones able to give that variance was the Zoning Variance Committee. Mayor McDougald stated that the final decision rests with the City Council pertaining to Zoning or Codes. Councilman Bonser I and City Administrator Bretzke agreed that the City Council did not have the right to make a decision against an exist- i ing City Ordinance. City Administrator Bretzke stated that ' the Ordinance had been adopted by the Council saying that they must have sidewalks and quoted the requirements of the Ordinance to the Council. After considerable research and discussion, Mayor McDougald pointed out that the binding thing in the subdivision is the final plat. Any variance ini the subdivision is written in the final plat and Sec. 22-8 of the City Code gives the Planning Commission authority to , grant a variance. Then, the City Council makes the final , decision on the plat. The Council suggested that Mr. Oliver. meet once again with the Planning Commission and request the' variance. Mr. Oliver agreed, with or without the sidewalks, to put up a cash bond in order to meet that criteria. Mr. Ruggeri offered his assistance in working with Mr. Oliver in obtaining an escrow agreement satisfactory to the City Council and filed with the First Western National Bank. Mayor McDougald suggested that he contact each property owner asking them to sign a form letter acknowledging the fact that the sidewalks will not be put in and, later on if they choose to have sidewalks, it would be at their expense. Delbert Oliver requested the Council to approve the recom- mendations set forth by the Planning Commission with the intention of obtaining a sidewalk variance at a later date. Councilman Tomsic made the motion that the City Council accept the final plat of the Robin's Nest Subdivision with the acceptance of the recommendations of the Planning Com- mission as outlined in a memo to the City dated September 16, 1976, seconded by Councilman Bonser, and passed unanimously. Resolution Notice 5-76 of Intention to Create Special Improvement District #4 was presented to the Council. Coun-' cilman Barker made the motion to accept the Resolution, and it was seconded by Councilman Bonser. City Administrator Bretzke advised that we could go ahead and advertise for bids concurrently with the other public notices of the pro- test meeting and as long as the bids are publicized 15 days before bid opening, we could publicize next week on the 30th' of September, have a bid opening on Friday, October 15, 1976 at 1:00 P.M. and could be ready to award bids the night of the protest meeting, October 19, 1976. Councilman Jacobs raised the question as to the in- ' tentions for the end of Park Drive. After considerable discussion, the Council was in favor of curbing the dead end. The motion to accept Resolution 5-76 was passed unanimously. It was agreed that sidewalks was to be added to the Resolu- tion as required for Park Drive in Emerald Subdivision. For text of Resolution, see following page. The City Council agreed that they were not going to accept any outside water connection requests until they found more water. Councilman Jacobs said he had informed connec- tion applicant, Joanna M. Shupe, as such. Council decided to postpone action on all water applications until water situation was corrected. City Administrator Bretzke stated that he was told that Forrest E. Brown already had approval for water, but not sewer. However, approval was given in April when the City had water. The City Administrator was to check the minutes for the date of Brown's water applica- tion approval. The Council will talk to Mr. D. S. Wimmer regarding his water application as soon as we have the water to serve the City unless Mr. Wimner wants to be annexed into the City limits. If Mr. Wimner decides to move a double -wide trailer on his county property,, he will not be able to have City wa-, ter. Councilman Barker thought Mr. Wimner should be asked to, have his property annexed. Judy Marshall, Deputy Recorder, stated that an individual can get a variance on the two -acre requirement through the county if they can get City water. Mayor McDougald suggested that the Council table Mr. Wimmer'S 227 Robin's Nest Sub- division (Cont.) City Code Sec.22-8 Meet with Planning Commission Escrow agreement Motion passed to accept plat with recommendations Resolution Notice 5-76, Special Improvement Dist. #4 To advertise for bids Park Drive Resolution 5-76 accepted No approval for outside water connections Mr. Wimmer's water application I 228 Water connections (Cont.) Motion to refuse 'connections passed Bids for tractor.- loader-backhoe pre- sented Motion passed for purchase Biting dogs Mrs. Irish request to operate septic tank service Motion passed to grant business license Solid waste system Purchase of Admin. office furniture approved i {request. Councilman Bonser made the motion to refuse water band sewer connections to Jackie Garcia, Old City Park Road, !and Joanna M. Shupe, also outside the City limits; and Forrest E. Brown and D. S. Wimmer applications be taken under advise- ment. The motion was seconded by Councilman Barker and ;passed unanimously. Council was presented with the bids for the purchase of a new tractor-loader-backhoe. Councilman Jacobs made the motion that we buy the John Deere model, JD 310-A, from Scott Machinery Company of Salt Lake City, Utah with certain modifications bringing the total cost from the original bid ;of $18,974 down to $17,901. Due to the heavy work load anti- cipated in the Spring, it was decided not to trade in the old tractor. Councilman Tomsic seconded the motion, and was ;passed unanimously. Mrs. Marlene Manson from the audience made the re- quest that a biting dog breaking the skin be held in quaran- tine for fifteen days for rabies precaution as required by ;the State Board of Health. She felt that Moab City Dog `'Catcher, Leon Stocks, should be protected by this require- ment. lie is constantly getting bit but dogs are immediately 'turned loose. Anyone, including the dog catcher, should file a complaint if bitten by a dog. Also, any vicious dog ,can be killed on the spot by persons given the authority by the Chief of Police. If dogs are destroyed, the head can be sent in to the State Health Department for determination of rabies. The Council considered a request from Mrs. Dale Irish for her son to operate a septic tank service after school hours. City Administrator Dave Bretzke talked with 'Mr. Bill Luce, Sanitation Engineer of Nielsen, Maxwell and Wangsgard, Consulting Firm, and told him that P & L ;Tank Service was dumping in the sanitary sewer behind the Ramada Inn. It was Mr. Luce's understanding that the City ,had made a restriction that this should be done in the early :day and not after 3:00 in the afternoon because of the impact that it might put on the sewer plant. Councilman Jacobs disagreed with the idea of this being an extra burden on the plant. After considerable discussion regarding the legality of age of the operator and his knowledge of handling this type of work, but because of Mrs. Irish's initial 'request which did not define the fact that her minor son would be the operator, the motion was made by Councilman Bonser to grant Mrs. Irish a business license at $30 per year and $125 per quarter to dump in the sewer with the stipula- tion that they would operate their business during normal business hours of 8:00 A.M. to 12:00 Noon and 1:00 P.M. to '4:30 P.M., and also, not to park loaded cleaning mechanism within the City limits. The motion was seconded by Coun- cilman Barker and was passed unanimously. disposal Councilman Barker asked Mayor McDougald how he was ;going to answer the letter from the National Park Service in- quiring as to the community's progress in establishing an ,approved solid waste disposal system. They have funds and "equipment available to assist in the undertaking but are in danger of losing both to a project outside the State of Utah if the community is showing no demonstrable progress. Mayor "McDougald said he would answer letter the next day. Request for funds in the amount of $500 from Revenue Sharing for administration office furniture consisting of one secretarial desk and chair and two floor mats was presented to the Council. The motion to approve these purchases was made by Councilman Bonser, seconded by Councilman Barker, and passed unanimously. Sunflowers in ditch ' Councilman Barker gave a letter from MiVida Enter- prises to Mayor McDougald in which they complained that the sunflowers are beginning to grow on the ditch. Councilman Jacobs stated that it was State Highway and Moab Irrigation ;Company ditch, both of which the City,does not maintain. Mayor McDougald was going to answer their letter the following day. Mr. Fetters' fence Councilman Jacobs advised the Council that Mr. Fetters was going to remove his fence tomorrow. 229 City Engineer Keogh asked if the City objected to a Easement behind man using the utility easement going behind Miller's store.itl Miller's store all the adjoining property owners agree to use as an easement) to access An individual is planning on buying property in the Miller's Shopping Center where the business, The Apostrophe, now exists He wants to know if he can use the easement on the back, plus some additional land he'll gain from the neighbors if the City objects to him driving over the easement He will attempt to get a driveway agreement between Ralph Miller, Dick Allen and himself making it an alley back of the store coming from Dogwood Avenue The City Council had no objection. City Engineer Keogh presented the final plat on the I Walker Subdivision latest addition of Walker Subdivision for approval described addition as follows. Block "A", Plat "E", WALKER SUBDIVISION, Recorded Oct 9, 1963, Book 2, Page 34, Amended from 6 lots to 5 lots; and Description of final plat East one-half of Block "C", Plat "A", Book 2, Page 16, Amended from 7 lots to 6 lots Although the subdivision was approved some time ago, an M amended plat was prepared in order to meet the minimum re- d" quirements to avoid possible repercussions. New plat meets M all building requirements of the new subdivision ordinances After City Administrator Bretzke was assured that all re- Amended plat Vquirements as set forth by the Planning Commission would be approved met before filing (in order to avoid a paving district), the motion was made by Councilman Bonser to approve the amended pp at, seconded by Councilman Tomsic, and passed unanimously. Bills in the amount of $2,8B1.16 plus $91.96 on the Bilis approved Slick Rock Project were approved unanimously on a motion made by Councilman Tomsic, and seconded by Councilman Bonser. Meeting adjourned at 11:16 P.M. on a motion made by Adjournment Councilman Jacobs, seconded by Councilman Peterson, and passed unanimously. AT/TEST: 4 David J: i`n140 ! Wm Dean McDou� al May r City Recorder MEMORANDUM To Moab City Council From' David J Bretzke, City Administrator -Recorder Date. October 5, 1976 Subject Miscellaneous Matters 1 Mr Jack Smith, Atlas Equipment, Salt Lake City, has brought down a 3-wheel Elgin Pelican Street Sweeper, for the City Council to look over This is a fine piece of equipment, and one which the City sorely needs. Hope you take time to look it over. 2 Special Improvement District No. 4. Street paving, curb and gutter, sidewalk, etc. for Park Drive, Taylor Avenue, McGill Blvd., and Fifth West Street We are right on schedule for this project, thanks to John Keogh, and his staff Rids have been distributed to three concrete, and three paving firms. Bids will be opened publicly at 1 00 P M., Friday, October 15, 1976, in City Council Room. I don't believe it is necessary for the Council to be entirely present for this bid opening It could be done by myself, and City Treasurer 1 if members of the Council find they can't make this session. ,' The district includes 2,450 sq: ft. .of paving on east end of Park Drive; 7,350 sq. ft on west end of Park Drive; 3,280 sq. ft. on Taylor Avenue, 21,350 sq, ft, on McGill Boulevard all to be paid for by property owners The bid also includes 301 feet of curb and gutter and 14,110 feet of paving on Fifth West to be paid for by the City. The bid does not Include any work on the existing Moab Irrigation open ditch on Fifth West. There is an open ditch which is in front of existing curb and gutter, on an unimproved lot which is approxi- mately 74 feet. A 24" culvert will be needed here, as well as a 71 foot diversion irrigation box. The City paid for irrigation ditch improvements on Special Improve- ment District No. 3, so I am told, and I was wondering if the City Council would consider having this work done by the City or Irrigation district? At any rate, no detailed engineering has been done on this part of the paving district If the Council would direct me to add this as an addendum to the bid, I will ask Mr Keogh to prepare specific specifications on this work We did not include a storm drainage improvement which crosses Fifth West in front of Skip Nightingale's residence We will have -to-do some work here, perhaps a new culvert to cross this street to the west Estimated costs for the irrigation ditch could be In eXCe55 --of-41,000, and the storm drain across Fifth West could exceer-an additional $1,000, or more. Public protest meeting is scheduled for 8.00 P.M., Tuesday, October 19, 1976 The bids could be awarded right after the protest meeting, if less than 66% do not protest, then it's go with the project. 14 3 0 Hitch-N-Post public hearing Nature of complaints Complaintants Mr. and Mrs. "Curley" Jones and Mr. and Mrs. Louis C. Farmer, and Clinton and Annie Spinks, owners and operators of the Hitch-N-Post were present for the public hearing. It was requested that the Hitch-N-Post show cause as to why the City Council should not lift their cabaret license because of the nuisance. Mayor McDougald invited anyone in the public hearing to voice their opinion on this matter. Dwight Johnson did not feel that the Hitch-N-Post was a public nuisance, and thanked them for their civic 'involvement with numerous clubs and organizations in Moab. Mayor McDougald stated that the public nuisance complaint ,stemmed from the noise and lack of parking spaces causing the patrons to park in front of Mr. Jones property. Dwight Johnson said it was the only place in Moab where dances could Ibe held. Mrs. Jones cited several complaints such as noise as late as 4:00 A.M., using the bathroom outside of the building, loud music, vulgar language, fights, screaming, continued disturbances after the Hitch-N-Post would close, and all of which they had to suffer most usually five nights is week, plus, parking on their property, cars of homeowners in the area being ran into, signs being knocked down, illegal parking at yellow curbs, broken windows of surround- iing properties, all of which she stated constitutes a public [nuisance. Mrs. Jones asked if they were expected to put up ,with these inconveniences simply because they lived in a ,business district. Mr. Jones stated that people in the neighborhood were scared because they have been threatened. Hitch-N-Post The head bar maid spoke on Mr. and Mrs. Spinks' behalf ;saying that there were six single girls working there supporting fifteen children, and four married couples em- ployed there, all of whom depend on the Hitch-N-Post as !their sole source of income. She stated that she is married but husband is unable to work because of disability so she holds down two Jobs and, felt that if the bar was shut down 1"they" should help find her a job. Mayor McDougald said social services helps with employment situations, but this 'still had nothing to do with the matter at hand. The Coun- cil was to consider the revocation of the cabaret license [only, not the revocation of all licenses. The Mayor said +there has been a constant problem with the Hitch-N-Post ;since the issuing of the cabaret license with police records ,and statistics to back up numerous complaints. One supporter, and ex -employee, of the Hitch-N-Post said that probably 2000 ;people, at different times, frequented the place. Mr. Jones commented that he and his wife have together put in a total of forty years of hard work and wake up one morning to dis- cover that they are living in skidrow. -Mr. Jones also said that people who frequent the place can go home when they get tired of the noise, but none of them would want to live there. Dwight Johnson felt that this was a police problem rather than a Hitch-N-Post problem. He used the City Market parking lot as an exampTe of what he considered a public nuisance, but City Market isn't shut down because of it. He felt the police should issue tickets for illegal parking ,since Mr. and Mrs. Spinks cannot be held responsible for what goes on outside of the building. Mayor McDougald said that this was a priviledged license from the very beginning, that the Council issued the license and they can just as easily lift the license. Also, the owners had been told on many occasions to police and control their fares, and if this had been done, there would not be the problem, nor would it have come before the Council once again. The Mayor said that if there are 2000 people patronizing the place, there is defi- nitely a parking problem and the Council is faced with the issue of deciding whether it is or is not a public nuisance. The Mayor agreed with Mr. Johnson that the Council is, indeed, la servant of all the people and it is their job to consider }each complaint brought before them. Another supporter blamed the zoning as the problem, but Mayor McDougald said zoning ;had nothing to do with it, that the problem is the violation 'of a priviledged license. Mrs. Spinks defends' After listening to many more arguments for and against Hitch-N-Post lthe revocation of the cabaret license from supporters in the ;audience, Mayor McDougald asked to hear from the owner and operator of the Hitch-N-Post, Mrs. Annie Spinks. She made 'the following comments: At the last Council meeting, Mr. i 231 CrJ d" 0"; a:4 V V Jones gave them permission to use his parking lot, however, Mrs. Spinks defends she put an ad in the paper telling their patrons not to Hitch-N-Post park there; the band plays until 1:15 and 1:30, no later; she cannot control what happens outside the building but, does try; according to City Code, they have six parking spaces more than required per square foot; she thought Coun- cilman Bonser probably has some written notes that are worse than any language that anybody has used outside that Mr. Farmer has put on cars at the Hitch-N-Post, the Fire Chief was knocked down at the Fireman's Ball because he was trying to get admission from the Scharf boys; 90% of the police calls come from the Farmers and the Joneses; she was taken to court last week, but the Court threw it out as a public nuisance; offered to buy Farmers out at an FHA fair appraisal price, but they would not sell; does not see how they are ' violating Sec. 6-6 which calls for revocation for illegal, disorderly or improper conduct; police told her to call when trouble begins, but will not call them again if they are going to take it down every time she calls; the three plus persons - only one person should count. After listening to Mrs. Spinks, Mayor McDougald gathered Hitch-N-Post the impression that there must be quite a few problems on the inside as well as the outside, and should possibly take a more serious look at the entire situation. The Mayor advised Mrs. Spinks that if she did not want policing on the inside, they would not be able to police on the outside, and therefore, a public nuisance was in order. Mayor McDouglad asked Sargeant Rowley to give a report regarding the number of complaints received against the Hitch-N-Post. He said that more calls were received on the weekends, hardly any through the week, and that they had no way of knowing who all of the complainers are. Receive many anonymous complaints. Sergeant Rowley was sympathetic of both sides of the situation and his view point was, that when the Hitch-N-Post is making their living, at the same j time, they are subtracting, from the others involved, their j capacity to make their living. He felt policing the area tot a point of harrassment would not do any good, and they cannot issue tickets on private parking lots. Sargeant Rowley i admitted the situation has caused a nuisance, and agreed with the Mayor that there should be a compromise by lifting the cabaret license. j i Numerous requests were made by Hitch-N-Post supporters 1Hitch-N-Post that the law be enforced to issue tickets to people creatingsupporters request the,nuisances outside the building, and to illegal parkers. claw enforcement Sargenat Rowley advised that a nuisance on private property ; must have a formal complaint filed through the City Attorney, before an arrest can be made. He again made the statement ' that he believed the Joneses and the Farmers have a legiti- mate nuisance complaint, and there will have to be a compro mise. Mr. Farmer reported that the windshield of his car had kir. Farmer heard been broken recently, and their living room window has a hole in it from gravel being thrown. Mayor McDougald asked for a decision from the Council. Councilman Jacobs made the motion to table the matter and hold a special meeting one week from tonight at 8:00 P.M., October 12, 1976, when the full Council and the City Attor- ney could be present. The motion was seconded by Councilman Barker, and passed unanimously. The motion was also made by Councilman Jacobs to assign two police officers to the Hitch-N-Post to prevent more dis turbances until a decision could be made. The motion was ' seconded by Councilman Tomsic, and passed unanimously. The Council heard a request from Roland Murphy for City water to the new home he is building on Murphy Lane. Coun- t cilman Jacobs told him there would be no problem in granting his request in thirty days. The Council considered a request from Larry D. Clark j Beer license for a Class "3" retail beer license to sell beer on the i request i Sgt. Rowley`s view point re Hitch-N- Post Motion passed to table Hitch-N-Post hearing one week Motion passed for Hitch-N-Post area being policed Water connection request 1, 3 2 - Beer license premises in original containers for consumption off the pre - request wises in accordance with the Liquor Control Act at the corner of Fourth East and Mill Creek Drive. Mayor McDougald said Chief Dalton would have to approve the application after he made official check of owners background. Councilman Jacobs made the motion that the request for a retail beer license be granted Mr. Clark upon Chief Dalton's approval. The ,motion was seconded by Councilman Tomsic, and passed unani- mously. Electric Service The Council was presented with Electric Service Agree - Agreements 'ments between Moab City and Utah Power and Light Company for electric service for the Robertson Well No. 10, Spanish Valley, and the Corbin Well No. 11, Spanish Valley. Council- man Jacobs was going to look up electric bills on Wells No. 9 and No. 6, and also depth of each well. Councilman Barker made the motion that the Electric Service Agreements be accepted, seconded by Councilman Jacobs, passed unani- mously and Mayor McDougald signed the agreements. Sanitary sewer D. S. and Bette Wimmer had made the request for a sani- connection request tary sewer connection on residential property located on !Fifth West outside the City limits. Point was made if the !Wimmers were granted City water on their county property, they would have to pay a double rate, however, the Wimmers :are getting a small well permit. Councilman Tomsic made 'the motion to approve their request for a sewer connection, seconded by Councilman Barker, and passed unanimously. City Administrator's The Council was asked to review the City Administrator's salary review salary per memorandum of agreement, "The City Administrator's salary will be reviewed after six months service, and any increase shall be based on his performance." Councilman Barker made the motion that this matter be taken up at a special executive session, seconded by Councilman Tomsic, 'and passed unanimously. The Special Executive Meeting will be held at 7:30 P.M., October 12, 1976. Councilman Tomsic will gather comparisons from other Utah Cities before the special meeting. Street sweeper The Council discussed the possibility of purchasing a new street sweeper, but no action was taken. Street signs need replaced Dog complaint Mill Greek Bridge progress report Flood control of irrigation ditch It was brought to the attention of Street -Water -Sewer Superintendent Day that several signs around town needed to be replaced, which he agreed to take care of. Councilman Jacobs stated that he was approached by a man today asking if they had given up on dogs. A complaint .was made by this man against a dog, the dog was picked up because he was running loose, taken to the vet, sold the owner a dog license, charged one day's board, the dog was brought home and turned loose the same day. The complainer felt that the owner should have been fined. Councilman Jacobs was inclined to agree with him that there should be a fine against the owner for the dog not being licensed, and letting the dog run loose. City Administrator Bretzke advised that the City ordinance requires a $5.00 charge for the first pickup, $10.00 for the second pickup within one year, plus a board fee of $3.00 per day. Councilman Jacobs announced that the floor of the Mill Creek Bridge was gone. The City has to pay 40% of $8,000 that the State billed the County, and the County pays 60%, or a total due from the City of $3200.00. Council approved payment 'of this bill for the bridge that collapsed. The City and the County are to pay $15,000 on the new bridge, the State will pay about $180,000. The state called today advising that we are out from under the guard rail matter and the paving. The State is going to finish it, and hopes to have it in by the first of January, 1977. The new bridge is going to be longer and we do have new hangers on each side of the bridge, one for the City water line, and one for the cemetary district, and a walkway for children. Council also discussed, again, the need for flood con- trol on the ditch behind the Visitor's Center. Improvements, hopefully, to be made soon with the use of Flood Control ,Revenue funds. 233 Councilman Tomsic inquired as to the progress of Marian Walker Subdivision Narans complaint at the last Council meeting. City Admini- complaint strator Bretzke was to check into the legal aspects, and also check with the FHA Representative, Marvin Clever, as to why these loans were approved on the new homes in Walker Subdivi- sion when mud from these lots rushes into neighbor's lawns City Administrator Bretzke had prepared a four -page Special Improvement memorandum for the Council to review. (For text of Memoran- District #4 dum, see following pages.) The second item regarding the Special Improvement District #4 was discussed. Councilman Jacobs was not in favor of paving Fifth West at this time. However, was included in the bid invitation in case the Council decides they want to include the work in the improve- ment district. Paving of Fifth West would cost an additional $7,000 which would be the City's responsibility. Mayor McDougald said the Council should look the situation over to see of the paving is needed at this time, and if not, exclude from the bid. City Engineer Keogh asked about the possibility of re- Curb and gutter placing the 300 feet of curb and gutter between McGill and replacement, Moenkopi by removing the existing curb and gutter, then McGill & Moenkopi grade it and put in a good gravel base which, he thought, would save a considerable amount of money for the City. 00 Engineer Keogh will look into possible contractors and costs, d.'' but it is not an immediate emergency. M A Item #7 of the Memorandum was discussed regarding the Extra typewriter Vextra typewriter belonging to the Police Department. It was decided by mutual consent to give it to the Street - Water -Sewer Department. Item #10 regarding the order to replace non -working ;New water meters water meters at a sale price of $18.85 per meter was ex- I plained as follows: $26.50 per meter, less $5.00 credit for junk meter, less 10% discount if purchased before December 31, 1976. There was no need for Council to take action on this matter, and the meters would be ordered the i next day. i I Also discussed the need of larger meters at the Hospitalpeed of larger Holiday Haven and Grand Vu Subdivision. The one at the hosmeters pital was taken out and overhauled and there was no by pass around it. Superintendent Day said the hospital needs a smaller meter with a bypass so when repairs are needed, work' could be done without shutting the water completely off. The hospital has an unnecessary 3" meter, should have a 2" meter, unless the 3" meter would be for fire extinguishers and an : insurance requirement. Councilman Jacobs said he would find: out the reason for the 3" meter from the Hospital Administra'� tor, Mr. Hawks. City Administrator Bretzke advised Council as to the ;Bids - carpeting status of bids for carpeting the water department office. accounting dept Councilman Jacobs suggested hiring two men through the employment office for moving the furniture in and out. City Engineer Keogh advised the Council that in 1955 Doris Barry property Doris Barry and her husband granted the City a 25' x 25' tract of land in Section 7 for a well site. The contract , stated that in the event the City of Moab intends to sell the same described land, the Grantor shall be given the first right to refuse or to purchase the said land for the same consideration which the City of Moab paid the Grantor for this conveyance. It was mutually agreed to deed the property back to her. City Engineer Keogh also brought up a request made by Request for services property owners in the George Roberts vicinity for services ' on a private road. He was asked to measure the easement in that area, and found that it was a 34' easement rather than ' a 40' easement. Mayor McDougald was going to write a letter; to the involved property owners the following day advising 11 them that the City could not construct improvements in 234 Request for services sparsely spaced areas, and could only be made after proper (Cont.) dedications of right-of-ways for streets and utilities. Water District in Councilman Jacobs stated that he was going to meet with Spanish Valley pan Holyoak about the organization of the water district in Spanish Valley. Hopes to start getting some water out there o the meter could be done away with in Grand Vu Subdivision, mnd, at the owner's expenses, put in new lines and individual eters in order to get them on the City system. The possi- bility of a joint water district was also discussed. Westwood Subdivision City Engineer Keogh presented a map of the Westwood Sub- division, located in the County, and said that these people wish to put in a circuit and be served. The main line goes to the edge of the subdivision, and it was mutually agreed that it would be alright if the property owners want to bring a " connection up to the main line at their own expense. Bills approved The bills were approved unanimously on a motion made by Councilman Jacobs, seconded by Councilman Tomsic. Adjournment Special Attendan Hitch-N-P Consider of cabar Complarnti supporte e Mr. Spinki continuani i Request d! i The meeting adjourned at 11:25 PM by mutual consent. Wm. Dean Mcisigald, ayor ATTEST: I David J Br ke, Cit Recorder i MEMORANDUM To: Moab City Council From: David J. Bretzke, City Administrator -Recorder Date: October 15, 1976 Subject: Miscellaneous Matters er ers Ijl MOuntahnsStatesrWaterworks was dCompany. for 300 5$7155.004less t$5.00tm for the return of each old meter. N2. A purchase order was issued for carpet for the accounting office to Jack Stewart - $930.00. #3. Sealed bids opened for water works equipment. Purchase order issued to Mountain States Waterworks Company in the amount Of $1,660.92. High bid submitted amounted to $2,539.95 which did not include all items requested; yielded savings of $879.03 by purchasing the materials on bid basis. #4. Investigation concerning Mrs. Marion Narans, 365 Walker Street, and her complaint regarding dirt washing in her rear yard from Hillside Drive I talked with Marvin Clever a week ago who indicated he would get back to me, and didn't. I ran him down and he gave me the name of his supervisor in Salt Lake City, Mr Arthur W. Isakson, Chief Architect, Department of Housing and Urban Development, Federal Housing Administration, Salt Lake City Insuring Office, Federal Building. Mr. Isakson said he was familiar with the drainage problem in Walker Subdivision, especially Hillside Drive In fact, he had a report on his desk concerning a home built by Lucas Construction at 838 East Oak Street, a corner lot His report states that builder is to complete grading to meet FHA minimum standards and submit for HUD FHA, a method for grading and retaining soil A solution must be acceptable to buyer, adjoining property owners, mortgagee, and HUD FHA. He thought that the same would apply to the home built by Bernd Construction but did not have that report readily available when I called him. If these homes are to be financed through some other method such as conventional, then they would have no say regarding a retaining wall In this area. I also talked to a Mr. John Dldenhover, Assistant to Mr. Carroll in the Farm_Home_ldministration office_in_Monticello. They_arEsot, at this time, financing any of the homes on the west side of Hill- side Drive. However, they are involved on the home built by Al Berna at 341 Hillside and the yellow house north of this address. They indicated that if a drainage problem is prevalent they would try to Make the contractor cofrect a drainage problem which midht affect neighbors. I told him to advise us if they are involved with homes above Mrs. Narans and, that between the two of us, we might be able to enforce a proper retaining wall. *S. A purchase order was issued for antifreeze for the City shop at $2.80 per gallon FOB shop from McDougald Oil Co. Quotations were received from four companies ranging from 0.00 to OM per gallon. 1 234 'i Request for (Cont.) Water Dist/ Spanish Va Westwood CS Bills appi iy AdJourgmp Memorandum Page Two Special n #6. An agreement was prepared for signing by Mayor McDougald and Attendant Ronald J. and Virginia E. Leech concerning installing improve- ments of curb, gutter, water, sewer, sidewalks, covered irrigation ditch and street facilities for a new home under construction at 885 North Fifth West Street. These people were >s in Friday afternoon for signing. Mr. Harold Jacobs stated that Delbert Hitch-N-P Oliver had agreed to pay for sidewalks at home immediately north of this one at 925 North Fifth West Street. Mr. Oliver is out of town. Consider of cabare #7. Mr. Delbert Oliver has submitted all required documents and agree- ments pertaining to Robins Nest Subdivision to the satisfaction of myself. #8. A discussion with Maxine Smith and I concerning investment of idle cash in the Revenue Sharing Fund. A total of $100,000 was invested In a 90 day Certificate of Deposit, and $20,000 invested for 30 days in a Certificate of Deposit. 49. A Mr. Paul G. Burris, Dale Broome, Inc., was in my office to discuss the supplying of Marlette Modular Homes to contractors in Moab Complaints He WdS advised he would have to meet all uniform building code supporter requirements. #10. I asked Mr. John Keogh to set a meeting date with Spanish valley water and Sewer Committee Chairman, County Commissioner Dan Holyoak, City Councilman Harold Jacobs, John Keogh, Lynn Day and myself to discuss the Spanish Valley water and Sewer plans. A meeting has been Mr. Spink: tentatively set for Wednesday, October 20, 1976, at 7:30 P.M. in continuan( the council room. This information must be obtained soon to enable us to design, or be designed by Nielsen, Maxwell and Wangsgard, plans for water line from the Corbin Well. #11. We received a letter from Fred Stoye concerning the new $120.00 deposit by Utah Gas Service Company for natural gas service. I talked to Mr. Clyde Christensen, City Manager of Monticello, who said his city council requested him to write to Utah Gas Service Company expressing their concern about this high deposit fee. Mrs. Maxine Smith says that she -thought this was based onthe - Councilrage felthithest shouldree month be based onroneehighesthmonthsicello City service. #12. Letter enclosed from State of Utah -Department of Social Service, Division of Health, concerning the City dump. #13. Enclosed is the bid tabulation sheet for the Special Improvement District #4. It appears that Engstrom got paving at 36¢ sq. ft., total of $17,474.40. And, Mark's Concrete had the overall low bid On concrete work, a total of $7,236 00. Request d4 DJ6.km 235 Hitch-N-Post show cause, and Council make their decision Hitch-N-Post request tonight. The motion was seconded by Councilman Barker, and denied (Cont.) passed unanimously. Mayor McDougald recognized Dwight Johnson as spokesman Dwight Johnson speak for the ownership of the Hitch-N-Post. Mr. Johnson felt the 'for compromise Joneses and the Farmers had a very legitimate complaint and that the situation could be solved through the law enforcement measuring the noise and deciding on an acceptable level with which they must comply. The owners have stopped the dances on Wednesday and Thursday nights as a step towards a com- promise. Mrs. Spinks approached the complaintants suggesting, Mrs. Spinks for a compromise of holding dances on Friday and Saturday compromise nights, holiday dances, jam sessions on Sundays, trying to police the parking lot, trying to keep the noise down, and trying to keep their hired help without the City Council being involved in the feud betweeen both parties. Mayor McDougald asked the opinion of legal counsel as to whether a compromise was in order. Mr. Ruggeri stated that the Legal opinion on ordinance was adopted by the City Council and, instead of compromise laying the interpretation of the complaints that have been made to the Court, the City Council provided that they would be the determiner of the hearing as to whether or not the Hitch- N-Post, in this particular instance, is violating any of the provisions of this chapter, or operating in a manner that `y is not in the best interest of the community. Attorney Ruggeri M read the Ordinance pertinent to this hearing orally as re- quested by Joe Stocks, a supporter of the Hitch-N-Post. V The Ordinance reads as follows: U Sec. 6-6. Revocation of Public Dance Hall License The city council may revoke any license issued pur- suant to this chapter when it shall appear to the city council that any public dance hall so licensed is con- ducted in an illegal, disorderly or improper manner, or whenever a person conducting such dance has been coni victed of a violation of any of the provisions of this i chapter. No such license shall be revoked until a hear ing shall have been had by the city council in the manner. Written notice of such hearing shall be served at least' three days prior to the date thereof upon the holder of such license, or his manager or agent. Such notice I shall state the ground of complaint against the holder of such license and the time when and the place where sch hearing shall be had, and it shall be served by deliver; ing the same personally to the holder of such license , or to his manager or agent. If at any time the li- cense of a public dance hall shall be revoked, at least! six months shall elapse before another license shall be given for dancing on the same premises. Joe Stocks commented that he did not hear anything 1 about three or more people. Mr. Ruggeri replied that it is Mr. Ruggeri defines an improper manner and what all of the nuisance statutes from "nuisance" and Webster's Dictionary to the City Ordinance, to the State improper manner Statute, say that if it interferes with the peace, repose, health, or happiness of three or more persons it constitutes1 a nuisance, and if it does, it is being operated improperly.I "Section 16-1 of the Moab City Cade defines a "public j nuisance" consisting of unlawfully doing any act or omitting) to perform any duty which act or omission results in any of ! the following: (a) Annoys, injures or endangers the comfort; repose, health or safety of three or more persons; (d) In any way renders three or more persons insecure in life or the use of property." Mr. Stocks was advised that more than three persons have made complaints. Joe Stocks felt that this was an unfair move by the Council to the owners of the Hitch-N-Post, as well as to the people of Moab since a lot of people like to dance. Councilman Bonser pointed out that they had been asking for a compromise for two years, and why did it have to reach this point before they were willing to compromise. At this time, it was too late for a compromise and a decision had to be made. Ordinance 6-6 2 (.3 Hitch-N-Post (Cont.)Mr. Farmer informed the Council that last Tuesday night, fter the Council meeting, at 2:00 A.M. a rock (which he had ith him) was thrown from the Hitch-N-Post parking lot at Mr. Farmer against `the big west window in their bedroom. Luckily, the window compromise Was not broken as he and his wife could have been seriously (injured. Mr. Farmer did not feel that this was a good example Bar maid supports iof a compromise. The head bar maid asked the Mayor if revoking compromise he cabaret license would stop this type of vandalism since n t was not the fault of the owners. Mayor McDougald agreed ;that this type of violence was not the fault of Mr. and Mrs. Spinks, however, they were dealing under Sec. 6-6, and have 'a situation of a nuisance that affects the peace, tranquility (and quiet of three or more individuals, and these complaints have been brought officially before the City Council and the Council has to acknowledge them with action. Mr. Spinks claimed he talked to several neighbors who said they were not bothered by the music. Mayor McDougald advised that from past experience regarding the Poplar Place, the noise was bsually felt at a distance. The bar maid supported Mrs. Oinks' offer of a compromise, and advised the Council of the steps which had been taken the past week towards a com- Question and opinion promise. Karl Tangren questioned the zoning and was advised on zoning that it is a Commercial Zone. Mr. Tangren felt that, in that case, a business had more right to be there than a residence. Attorney Ruggeri stated that the operation of the Hitch-N-Post does interfere with the lives of a number of people in that area and the fact that the area is zoned commercial does not carte blanche give the people who are running the establish- ment the right to play loud music all hours of the night. The fact that you have a commercial zone no where says that this gives the person who is operating a business in a commer- cially zoned area of the City, the right to impose harsh noises upon the people who live in the same general area. Mayor McDougald said there are several areas in Moab that are mixed residential and commercial, and we still have to respect the residences within these zones. If the radiator shop in ,this same area caused a disturbance for the surrounding neigh- porhood and a complaint was signed against them, the Council !odd be faced with the same situation as they are faced with tonight. Therefore, the zoning is not the question they are dealing with, but the creation of a nuisance. Councilman Bonser advised that one of the special provisions of the zone which Sec. 27-8-4 (B) the Hitch-N-Post is located reads as follows: Sec. 27-8-4 (B) "No dust, odor, smoke, vibration or intermittent light, glare or noise shall be emitted which is descernible beyond the premises except for normal traffic movements". The Council Mr. Tangren in favor was asked by Karl Tangren to take into consideration, the of owners people who frequent the Hitch-N-Post as well as the people who filed the complaint since it was the only place left in ,town to dance, and the owners should not be held responsible for what goes on outside of the place. Mayor McDougald inter - Sec. 16-3 'vened and read the following: Sec. 16-3: "(Authors of 'Nuisances Designated) Where a nuisance exists upon property, `and is the outgrowth of the usual, natural or necessary use of the property, the landlord thereof or his agent, or ;the tenant or his agent and all other persons having control of the property on which such nuisance exists shall be the !authors thereof, and shall be equally liable therefor; but ,where any such nuisance shall arise from the unusual or unneces- sary use to which such property may be put, or from business ithereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be the authors thereof". Councilman Peterson cleared up an earlier !accusation stating that the Council is not against dancing, and agreed that Moab needs such a place as the Hitch-N-Post, ybut the present location and the circumstances under which (these dances are being held has created a nuisance. Dwight Johnson felt the Council should take into consideration the changes that the owners have made the past week in order to Mr. Farmer refused solve the problem, and asked Mr. Farmer if he would be willing to withdraw com- to withdraw his complaint, Mr. Farmer refused. plaint The Council heard more pros and cons from the audience Council revokes ,before making their determination under Section 6-6. Mayor cabaret license of McDougald invited the Council to make their decision. Coun- Hitch-N-Post ,cilman Peterson made the motion that the City Council revoke the cabaret license of the Hitch-N-Post at once, seconded by Councilman Barker, and was passed unanimously by the showing of hands. 237 The meeting adjourned At 9:17 P.M. Adjournment After adjournment, Councilman Jacobs informed the Bob Norman request Council that Bob Norman has requested moving a corner post 16' for access to his property which would take away a portion of the Golf Course. Councilman Jacobs and Street -Water -Sewer Superintendent Day were going to look into the situation with the manager of the Golf Course the following day. Councilman Jacobs also advised the Council that the Government Flood Control map needs to be completed and asked if the flood potential of Stewart Canyon should be designated on the map. City Administrator Bretzke didn't think it -was a good idea, his reason being, everytime someone considered purchasing land in that area, variances would be requested. Mayor McDougald thought it should be shown on the map so prospective buyers could be alerted of the problem, . and enable them to obtain the necessary insurance coverage. Mayor McDougald asked Councilman Jacobs to check with the Federal Insurance Administration as to their _commendations. ATTEST: zke, CitRecorder m. Dean McDougald, M or Government Flood Control map October 19, 1976 A regular meeting of the Moab City Council wascalled!Regular meeting to order in the City Council Chambers at 7:58 P.M. on October 19, 1976 by Councilman Jarold Jacobs in Mayor McDougalds absence. An advertised protest hearing was {Advertised protest scheduled for 8:00 P.M. concerning Special Improvement 'hearing on Special District #4. Councilman Jerry Bonser, Marge Tomsic and Dixie Improvement Dist.#4 Barker were present, Keith Peterson was absent. Also presenti were City Administrator -Recorder Dave Bretzke, Street- lAttendance Water -Sewer Superintendent Lynn Day, City Engineer John Keogh, City Attorney Hank Ruggeri, and Karen Mitchell. The minutes of the regular meeting of October 5, 1976, Minutes approved and the special meeting of October 12, 1976 with the correction that a complaint is "lodged", rather than "signed", were approved on a motion made by Councilman Tomsic, seconded by Councilman Bonser and passed unanimously. Property owners present for the protest meeting were SPraperty owners Jay L. Axtell, Mr. and Mrs. Douglas H. White, Mr. and Mrs. ipresent Patrick F. Head, Mrs. Pat Schmidt, and Mr. and Mrs. Robert D. Tangren. City Administrator Bretzke gave a brief outlineiMr. Bretzke outlines of the administrative and engineering preliminary work in !program preparing for the Special Improvement District #4. All State law requirements were followed, and each property owner was notified of their potential costs (going rate plus 25% for administrative and engineering costs). Bids received were lower than anticipated costs. The purpose of this meeting was to fulfill requirement by law to hold a public protest hearing to enable involved property owners to express their protests, if any. They were told that if less than 2/3's of the persons involved did not protest, the Special Improvement District would be created, which includes ten to s on McGill Blvd., and six lots on Park Drive. At Mr. Axtell' request, a break dosn of the bids was given as follows: Break down of bids CONCRETE WORK (1) Mark's Concrete, $7,236.00 (2) Canyon- lands Concrete, $7,668.50 (3) Corn Construction Co., Grand Junction, Colorado, $7,618.10 PAVING WORK (1) Corn Construction Co., 73t per square foot, or $35,434.20 (2) 238 Special Improve- ment District #4 (Cont.) Owner's cost Pat Schmidt and Tangren protest Legal opinion on responsibility Spec. Imp. Dist. ;accepted Bids awarded Collector Road Fund for curb and gutter Councilman fence Tomsic's Utah Gas Service Company Letter of official protest passed Sanitary landfill site Matter tabled 1 Southern Paving Co., 42¢ per square foot, or $20,386.80 I(3) Engstrom Construction Co., 36¢ per square foot, or ;$17,474.40 (The paving bids advertised for 48,540 square feet with the right to take all, or part of it.) Unit cost Plus, and not to exceed, 25% for administrative and engineer- ing costs for curb and gutters - $5.00 sq. ft.; sidewalks - p .25 sq. ft.; driveways - $2.00 sq. ft. Owners will only be charged for actual expenditures and Mr. Bretzke explained that the 10% contingency fee was a State law requirement if assessments are made prior to construction, and 15% for the 'administrative and engineering costs. However, these costs 'are not expected to exceed 15% all together. Robert Mrs. Pat Schmidt of 475 Park Drive made her protest known that she did not feel responsible for the cost of the Paving. Mr. Robert Tangren 495 Park Drive also protested. Neither one of these property owners was told that they would have to pay for the paving, and nothing was so stated on their building permits, therefore, they felt that the seller should absorb these costs. Councilman Jacobs said it was his understanding that the property owner is responsible at the time the improvements are made. City Attorney Ruggeri said that was also his interpretation. There were only two official protests made which did not represent the re- quisite number and Councilman Bonser made the motion that the Special Improvement District be accepted, excluding #4 Fifth West Street. The motion was seconded by Councilman Barker, and passed unanlmoUSly. Bids were awarded to Mark's Concrete and Engstrom Construction on a motion made by Councilman Tomsic, seconded by Councilman Barker, and passed unanimously. City Administrator Bretzke made the request to apply for Use of the remainder of funds from the Collector Road Fund for replacement of curb and gutter, and other improve- ments, on Fifth West Street, which would probably amount to around $2,000. He was told to check out the possibility of being able to use the funds for these reasons. Mr. Axtell brought to the attention of the Council once again his feelings that the fence around Councilman Tom- sic's backyard is unsafe and is afraid someone could be killed, 'situated along McCormick and McGill Boulevards. Councilman Tomsic feels that it is the trees past the fence that cause the unsafe situation, and not her fence. Legally, the fence comes under the existing non -conforming statute, therefore, the ordinance does not affect this particular fence. Council- man Jacobs said that the fence was there before the ordinance was passed and nothing could be done until the fence was removed. The ordinance was adopted May 30, 1974, Tomsic's bought the property in 1973 and the fence was there several years before that. Mr. and Mrs. Doug White also agreed that the fence was unsafe. Councilman Bonser suggested that both par- ties accept the opinion of a State Highway Traffic Safety Engineer once the street is completed. Mr. Axtell and Councilman Tomsic were satisfied with this solution. Appli- cation will be made for a safety inspection as soon as the street is completed, and copies of the letter will be sent to Mr. Axtell and Councilman Tomsic. Correspondence from Fred Stoye concerning Utah Gas Ser- vice Company's $120 deposit for natural gas service was re- viewed by the Council. Councilman Barker made the motion that a letter be written to State Representative Milly O. Bernard making official protest, and mail a copy of same letter to the Utah Gas Service Company. Councilman Tomsic seconded, and the motion was passed unanimously. Council discussed a letter received from Mr. Alvin E. Rickers, Executive Secretary, Utah Air Conservation Committee, ,State of Utah, Department of Social Services, pertaining to site selection and development of a schedule for establish- 'ment of a sanitary landfill site for the City of Moab. Council 'was unfamiliar as to what action the Mayor had taken on this matter, and Councilman Jacobs was in favor of post- poning until his return. Councilman Tomsic made the motion that the matter be tabled for one week and allow the Mayor to handle, seconded by Councilman Bonser, and passed unanimously,. The Council considered a request from Mr. Tom May, Swimming Pool Aquatech Pool & Patio Shoppe, Salt Lake City, Utah, concerning the _renovation of the,Moab Swimming Pool. Councilman Jacobs , would like to investigate the situation further before appro-' ving renovation from an outside company, and consider the possibility of local City employees doing the work Council- man Barker and Jacobs will arrange a meeting with the City employee involved to discuss this possibility with him. Councilman Bonser made the motion to table the pool repairs Pool repairs quote quotation for further study, Councilman Barker seconded, itabled and the motion was passed unanimously. Troy Black, representing his son Troy Dean Black, made Troy Black mobile a request to put a mobile home on a lot he gave his son and home request be allowed to obtain required building permit later, after ' his son had decided what he wanted to build. It was brought! to Mr. Black's attention that Sec. 24-2 of the Moab City Code Sec. 24-2 allows temporary placement of an occupied mobile home on a 1 lot not to exceed one year dugin the construction of a build- ing on the same lot. Councilman Bonser stated he was not I in favor of giving approval until application has been made , for a building permit. Mr. Black agreed to encourage his son to finalize his plans and apply for the building permit right away, before he moves on the lot. da M Mr. Dave May requested the Council's advise as to 'Dave May rezoning q what was required of him to get the zoning changed at the !request ✓ end of West Center from an R-3 Zone so he would be able to ✓ establish a commercial greenhouse and nursery in that area. City Administrator Bretzke advised Mr. May that he should set up an appointment with the Moab Planning Commission requesting rezoning. A nursery would be permitted in an R-4 Zone. The ordinance requires that there must be a notice of public hearing published in the newspaper 15 days prior to the hearing. Mr. May was going to meet with City Admin- istrator Bretzke to set up the meeting with the Planning Commission the next day. City Administrator Bretzke advised that a comment needed Correction on to be corrected on the Memorandum dated October 15, 1976, ;10/15/76 Memoran- Item k6, in that Mr. Oliver agreed to pay for curb and gutter,dum not sidewalks. (For text of Memorandum, see the following ; pages.) 239 City Administrator Bretzke also advised the Council 'Corbin Well that the meeting with the Spanish Valley Water and Sewer Committee will be tomorrow night at 6:00 P.M. in relation to what is being done on the Corbin Well. City Engineer Keogh asked whether or not the final plat Robins Nest Sub - of the Robins Nest Subdivision had been approved by the division Council. He was informed that the Council had agreed to approve once Mr. Oliver met all requirements of the Planning Commission. Date of approval to show on the plat is Septem-, ber 21, 1976. City Administrator Bretzke informed the Council that Mr. James Ellis of Independent Lumber is hoping to obtain a variance for sidewalks on the amended plat consisting of seven lots in the Walker Subdivision. The Council felt that he should have to meet the sidewalk requirement. City Administrator Bretzke inquired as to the inter- ;Question on Sec. pretation of Sec. 26-40, an ordinance on the water and 36-40 sewer connection fees, which led to a lengthy discussion. No decision was made and the manager was asked to submit a re- port concerning this matter. The bills were approved on a motion made by Councilman ;Bills approved Tomsic, seconded By Councilman Bonser, and passed unanimously. ,Walker Subdivision 240 Adjournment The meeting adjourned at 10:35 P.M. by mutual consent. Regula ATTEST: 9David k J. Br ke, Cit Recorder WDean McDougald, ,.yor • MEMORANDUM TO: Moab City Council FROM: David J. Bretzke, City Administrator -Recorder Attend, DATE: November 5, 1976 SUBJECT- City Manager's Report Minute. Blue q Shield approvi Palisa Sewer z connect Curb an Nl. Robertson Well Report 2,000 ft of 6" PVC pipe for the Robertson Well has been delivered, as well as other equipment, to complete the water line from the Robertson Well to Well #6. John Keogh has made arrangements to have Canyonlands Concrete install the pump base for the Roberton Well this weekend. J & N Machinery is providing the bolts for the pump, base. In a conversation with Peterson Pump Company in Salt Lake t* City this week, they indicated that the pump should be coming fairly soon. Also;4that it would have been here Thursday of this week, but would probably be within the next week before they could install it. S2. Development of Palisade Subdivision Council members have received a special report concerning work to be completed by the developer, Mr. Pete Byrd, and the City, on Westwood Avenue. I would like to have the Council review this and make any comments regarding this memorandum. I recommend its approval. N3 Sewer Plant Last Friday, October 29, 1976, a Mr. Dean Wheadon from Water and Wastewater Services and Supply Company of Provo, Utah came to Moab and calibrated the partial flume meter for the incoming Wastewater at the sewer plant. While he was here, I indicated to him that we were trying to comply with the EPA requirements as sent down from the Denver EPA office. Mr. Wheadon suggested increasing the chlorine in our final affluent at the plant by an additional 15 pounds per day It is estimated that this will cost approximately $2.25 more per day for chlorine. He also performed a volume test on the three pumps that pump the sewage from the primary clarifier to the trickling filter. These three pumps have lost a considerable amount of efficiency, from 500 gallons per minute, down to as low as 200 gallons per minute on one pump, and 300 gallons on the other pumps. Mr. Wheadon said he would provide me with a quotation to overhaul these three pumps and would provide a price for new impellors for each of these motors. Sewer Plant Operator, Joe Severns, indicated he could repair these motors with assistance from the Water and Sewer Department. As soon as the quotations are available on this, ` I will notify the Council, and probably order this work to be done \ as soon as possible It was Mr. Wheadon's opinion that the trickli l filter is not doing an adequate job due to the low flow of sewage i� this treatment process. 241 Adjour MCI errAuL7U'Iir-'C6-�-.4 November 5, 1976 Regula Page Two ` #4. Air Conservation Commission Report I i City Council has received copies of correspondence mailed by Mayor Attend. McDougald to Mr Alvin E. Rickers, Executive Secretary of the Utah Air Conservation Committee, as well as the current letter received from Mr. Rickers. This is in answer to my letter dated ` October 26, 1976 to Mr Rickers concerning the survey that was conducted by Utah Geological and Mineral Survey in August, 1976. ' According to Mr. Ricker's letter, it seems that we have to make a Minute' decision on a site by January 1, 1977. f S5 New Water Meters k Blue C The City received a delivery of 300 new Corad water meters on Shield October 28, 1976. approv N6. Fire Hydrant Relocation City water work crews have relocated the firy hydrant at the entrance to Robins Nest Subdivision off of Millcreek Drive. Palisa Sewer o connect Curb an I t t #7 Public Hearing - Rezoning At an upcoming public hearing to be held November 16, 1976, request for rezoning at the Go-Pher Store location will be heard. I have advised the owners to submit a detailed plot plan as to location of driveway entrances, and pump location for the proposed gasoline pump that would be permitted if the rezoning is approved by City Council at this public hearing.,,, ,f8. Rezoning �'�•n. t , - I 0 01 . Mr. David May will meet with the Planning Commission on November 12, 1976, to review his request for rezoning on West Center Street to install a landscaping business. A public hearing has been scheduled for the City Council November 16, 1976, regarding this matter. 49. Variance Denied At the last Planning Commission meeting held October 22, 1976, a variance request concerning sidewalks on Hillside Drive, made by Independent Lumber Company, was denied. Plans are being made to install a retaining wall at this location now, along with a four foot sidewalk adjacent to the curb and gutter on the east side of the street. #10. Swimming Pool Renovation I contacted Tom May, Aquatech Pool & Patio Shoppe, this past week and he indicated that he could start work on the pool in November or December, or February or March of next year, regarding the remodeling of the swimming pool. To date, a meeting has not been scheduled with Dixie Barker, Harold Jacobs, myself and the employee in the water department who may have some knowledge or expertise in pool remodeling work. r- M da 00 V U Councilman Peterson made the motion that the Council accept Mr. Byrd's development plan, outlined in a letter by City Ad ministrator Bretzke, in Palisade Subdivision, seconded by Councilman Barker, and passed unanimously. (For text of letter, see following page). Council discussed the rough outline of specifications for bidding of City insurance coverage for three years which is due for renewal January 2, 1977. Points discussed were. Dick Allen's suggestion of the Waiver of Governmental Immuni ty, the insurance carriers option to increase the premiums at anniversary dates providing a three year policy is adopte the low schedule of values of City property and was decided to get new appraisals for final specifications; possibility of fire coverage on unlicensed equipment and will compile an itemized list for bid specifications. Councilman Tomsic and City Administrator Bretzke are to finalize bid specifi- cations for distribution to various insurance companies. TO: FROM: SUBJECT: DATE: MEMORANDUM Mayor, City Council David J. Bretzke Establishing specifications for City Insurance bid November 4, 1976 9 Li Palisade Subdi'vfsi�on Development plan accepted Insurance 9ne of the items to be listed on the November 9, 1976 City Council Agenda wi M be the review of proposed bids for City Insurance. Mr. Leonard Burton of Central Utah Insurance Agency, Moab, Utah, spent an hour with me Wednesday morning reviewing the specifications for bids that were used by the City three years ago. Mr. Burton and I will have some recommendations of these specifications for the Council's review at the November 9th Council meeting. We will need a few more days to get these bids in order, but hope to have them ready by then. We would like to advertise for bids in the November llth edition of the Times Independent. Bids being mailed out, or distributed, to local insurance underwriters on November llth or 12th, with a bid opening on December 15th, and a bid award at the City Council meeting December 21st Our new policy would be effective January 2, 1977 Dick Allen reviewed the existing specifications this morning, and I contacted all other insurance agencies in the community this afternoon. Kitty Kelling, Ron Turner and Jim Gardner will meet with Councilman Marge Tomsic pd myself Tuesday morning at 8:00 A.M., November 9, 1976, in my office to cuss the contents of the specifications km trwp"tor-tn79aren: _ -ne-proinJ4CU.,,.,,.u,.pr1a=ar'111ywviun;.Gvmpany:; j would purchase all of the necessary materials to complete the; project and requested that the City furnish the equipment and manpower for the entire project. Mayor McDougald stated the City had a moral obligation to help because we do dump water into the irrigation ditches during flood time and sug- gested that the Council take the matter under consideration. Mayor McDougald asked Mr. Walker to meet with the City Engin- eer and Superintendent Day when his .plans are finalized. Mr Walker also took the opportunity to thank Councilman Jacobs for his help in the past. Council discussed the preliminary investigation per- formed by Consulting Engineers, Neilsen, Maxwell and Wangsgavid regarding water supply desanding methods. Councilman Jacobs felt that the sand problem would be pretty well eliminated when the water supply is increased with the addition of the new wells, plus he was concerned with the availability of funds for this desanding method. Mayor McDougald did not feel that adding more wells would ever eliminate the sand ossing 'tch tch ch Water desanding 2-0 Water desanding (Cont.) Flushing lines ,Robertson Well roblem completely and would eventually be forced to install desanding system. Councilman Jacobs was concerned that the ossibility of purchasing the expensive desanding system would of take care of the problem, the money would be gone, and he complaints would continue. No action was taken as Mr. Art axwell was due in Moab the latter part of the week and they ould seek his further advice. Councilman Tomsic asked when the lines were going o be flushed and Superintendent Day advised they had a dead ine to meet in this respect and could probably accomplish this s soon as the Robertson Well was completed. Mayor McDougald also brought to the Council's attention he electric cost to pump the Robertson Well. He said he had igned an electric contract in the amount of $1577 per year o pump the Robertson Well which he thought was quite high. fter considerable discussion and comparisons, all agreed hat the contract was fair and electrical pumping costs did of exceed the cost of the other wells. Mayor McDougald also Well #9 sked the status of Well #9 and was Informed by Superintendent gay that this well is pumping and we have been using it. No eter has been installed as of yet. Dump site project Mr. Peter L. Parry, Superintendent of the National 'ark Service in Moab, Utah, was in the audience and announced hat they are satisfied with the action to date on the dump ite project providing the dead lines are met. Fence by Jim Walker' Councilman Barker mentioned the fence that is being residence uilt next to Jim Walker's residence clear to the curb, and as told that the problem was directed to Building Inspector ecil Shaffer for his investigation. Delinquent business Councilman Tomsic made the suggestion that some form of licenses ommunication is needed between the Building Inspector and the reasurer's Office so he would be aware of delinquent business -menses, and permits would not be issued to contractors who ave not paid their business license fee. Mayor McDougald uggested that a list be kept current for Building Inspector haffer. Pool quotation Supreme Foods special Improvement District M 4 Councilman Barker inquired about the pool quotation rogress but, thus far, no further action has been taken. enovation will most likely be postponed until next Spring. Councilman Barker asked if the company that took over upreme Foods was required to meet the new transient merchant rd-nance, and it was agreed they should. There was a lengthy iscussion as to the interpretation of a transient merchant, nd also if a retailer is liable for the business license and he 2% sales tax, one or the other, or both. Councilman Jacobs announced that he was very disturbed ith the slow progress on the Special Improvement District N4. he concrete bid was awarded to Mark's Concrete and, as of his date, the work had not been started. City Administrator retzke was to contact Mr. Mark Beeson the following day ad- ising him if the concrete work did not commence immediately, e would be forced to withdraw the contract. Complaints for Polio Councilman Jacobs voiced two complaints which would have Department o be brought to the attention of the Police Department. umber one, people making major repairs on their automobiles n the City streets and, number two, vehicles should be watched n their way to the dump to avoid debris being scattered on he road. AGA meeting on Drug & Alcohol Councilman Jacobs announced that he would be attending he AGA meeting the following day. He had heard that the ssociation was considering funds for another coordinator to ork three counties on drug and alcohol, and said coordinator ould work in Moab two days a week. Councilman Jacobs asked he Council's reaction to this and to be briefed of the duties f the former Drug and Alcohol Administrator, Stacey Lawrence. ouncilman Jacobs said he was in favor of putting the money into a constructive program rather than personnel and would like to vote against this proposal. Councilman Barker felt fihat there is more accomplished on a voluntary basis and didn't i think we needed a program development coordinator such as Stacey Lawrence. Mayor McDougald pointed out that part of this funding is specifically for planners and coordinators it is not distributed. Councilman Barker made the motion that the Council make the recommendation that Councilman Jacobs vote against the hiring of a Drug and Alcohol Coordinator, Councilman Tomsic seconded. A question on the motion was made by Mayor McDougald as to the possibilit of receiving the funds for another project. Councilman Jaco advised he was in hopes of getting funds for the Title 20 Program for senior citizens, if possible. The motion was then passed unanimously. Councilman Jacobs advised the Council that Superinten- dent Day had started laying pipe to the #10 well today, and a base for the pump was put in over the weekend. Hopefully, the pump will be installed sometime this week. Peterson Pum Company is to furnish the pump and the panel. City Administrator Bretzke was absent but a memorandum had been passed out to the Council informing them of his pro gress on various projects. (For text of memorandum, see the following pages). Superintendent Day advised the Council of a problem existing on McGill Boulevard regarding the fence and trees o the back of Councilman Tomsic's property. It was determined that the trees are on the City's utility right-of-way, there fore, two problem trees should be removed by the City. Councilman Jacobs said bids should be sent out for a ne dump truck. He was going to ask City Administrator Bretzke to prepare bid invitations. Councilman tomsic made the motion that the bills be ap- proved for payment with the exception of Canyonlands Auto which had mistakes on two of their invoices. Invoice D12873 totaled $141.11 and should be $121.11. Invoice #7346 totale $22.00 and should be $21.70. Councilman Barker seconded the motion after it was clarified all bills would be corrected and paid, and passed unanimously. Mayor McDougald was advised that Deputy Recorder Judy Marshall checks the exten- sions of the bills and prepares them for Council's appro- val. The meeting was adjourned at 10:47 P.M. on a motion made by Councilman Tomsic, seconded by Councilman Barker, an passed unanimously. ATTESTi: tzke, Cityd Recorder Wm. Dean McD•ugald, v yor November 16, 1976 A regular meeting of the Moab City Council was called to order at 8:03 P.M. by Mayor Wm. Dean McDougald. Council- men present were Keith Peterson, Marge TQms1C, Dixie Barker, Jerry Bonser, and Harold Jacobs. Also present were City Attendance Administrator Bretzke, City Engineer Keogh, Street/Water/Sew Superintendent Day, and Karen Mitchell. City Attorney Ruggeri was absent. The Moab Planning Commission was also present consisting of Harold Gaither, Jim Wiseman, Don Knowl=s and Ken Erbes, for the two scheduled public hearings. Minutes of the meeting held November 9, 1976 had been distributed in advance and were approved on a motion made by Councilman Tomsic, seconded by Councilman Jacobs, and passed unanimously. Drug & Alcoh6, Program (Cont.) Recommend vote against hiring coordinator s Well N 10 Memorandum from Mr. Bretzke Trees on Council- man Tomsic's property New dump truck Bills approved Adjournment Regular meeting Minutes approved )441 Mr. Clark and Dr. Mayberry rezoning request Protests by neigh- bors Request denied David May rezoning request Planning Commission recommends rezoning Rezoning approved Mayor thanks Plan- ning Commission Silver Dollar Bar Decision tabled Hitch-N-Post request for provate parties Notice of a public hearing had been published in The Times Independent on October 28, 1976 regarding a rezoning request from C-5 to C-2 by Mr. and Mrs. Larry D. Clark and Dr. Paul R. Mayberry to allow underground gasoline storage at the Gofer Grocery Store, now under construction at the northeast corner of the intersection of Fourth East and Mill Creek Drive. Protests were voiced by several adjacent neigh- bors and acknowledged with their signatures, as follows: Mr. and Mrs. Venice Denney, Mr. and Mrs. Kenneth McDougall, Mr. and Mrs. Jan Pratt, Mr. and Mrs. Eloy Vialpando, and Mr. Gail Leavett. The recommendation of the Planning Commission on their October 22, 1976 meeting was to approve this request by a vote of three to one. Councilman Tomsic made a motion to deny the rezoning request due to the fact that the majority of the proerty owners involved did object. The motion was seconded by Councilman Barker, and passed unanimously. Mr. David D. May was also present requesting rezoning at property located at 240 West Center Street from an R-3 to an R-2 in order to construct and operate a retail green- house. Notice of this public hearing before the City Council and the Planning Commission was also published in The Times Independent on October 28, 1976. The Planning Commission met on this request November 12, 1976, and they had passed a motion to table the matter until it was determined whether an R-4 or C-4 Zone change was being requested and, if an R-4 Zone allowed this type of business. City Administrator Bretzke, Mr. James Wiseman and City Attorney Ruggeri reviewed the case on November 15, 1976, and it was the City Attorney's opinion that the exclosion of the statement prohibiting com- mercialactivity within an R-4 Zone was, therefore, interpreted that a commercial plant nursery was permissable. Based on the ttorney's opinion, the Planning Commission was polled, and ruled in favor of recommending the rezoning of the property from R-3 to R-4. None of the adjacent property owners attended the public hearing and Mr. May informed the Council that he had polled several of the neighbors and had received no ob- .ections. Councilman Tomsic made the motion that the Council pprove the recommendation of the Planning Commission that the area be rezoned from an R-3 to R-4 Zone as requested, nd was seconded by Councilman Barker. Question on the motion as raised by Mayor McDougald as to the absence of a dedi- ated right-of-way to Mr. May's property. Mayor McDougald sked that it be recorded in the official minutes that a motion had been made but there is no dedicated right-of-way to this roposed business. Mr. May made the statement that he would ppreciate it if the Council would proceed with the rezoning equest and he would worry about the access to his proerty. e said he was well aware there was no deeded access to the roperty, and has been since he began negotiations to pur- hase the property. Mayor McDougald asked that the record show e was opposed to this request until public access to this omnercial business was established. With this understanding, he motion was passed unanimously. Mayor McDougald expressed his,thanks to the Planning omnission for their attendance. The next item on the agenda was a request for a cabaret icense by Mrs. Donna Day dba Silver Dollar Bar. Mrs. Day was of present and the motion was made by Councilman Barker to able a decision until the next Council meeting in order to heck out the required floor space, parking space, etc. ouncilman Tomsic seconded, and the motion carried unani- ousl . Councilman Bonser also asked that Mrs. Day be informed hat the license fee is not prorated. Olivia Martinez, representing Clint and Ann Spinks, made he request for permission to rent the Hitch-N-Post for private arties. Councilman Jacobs suggested that they get the City ttorney's opinion before making a decision. Mayor McDougald greed and advised Miss Martinez that they would contact er by Thursday. Mr. Bill Meador and Mr. Connie Caouette were present o ask if the City would serve as agent of record to make application to the federal government for fund grants for a community center and swimming pool on property presently owned by th high school. Councilman Barker reported that el igibility is based on unemployment, and the unemployment rat of Grand and San Juan Counties were combined in order to qualify Grand County for the funds. Also, with the prelimi- nary plans they have, they are eligible to make application for the money, and that Mr. Jack Ehler, the architect, would be in town Friday to meet with the committee and the agency making application. Councilman Barker made the motion that the City agree to Mr. Meador's request, Councilman Bonser seconded the motion, and was carried unanimously. The applications should be ready for Mayor McDougald's sig- nature on Friday. Mr. Caouette advised that funds are available right now and $10,000,000 has been allocated for the State of Utah, and an unemployment rate of 8.9% quali- fies Utah. It was clarified that the City would apply for the funds for the Civic Center and Swimming Pool, and the County would apply for the funds for the sewer and water. Police Chief Mel Dalton entered the meeting at 9:05 P.M The slow progress of the Special Improvement District $4 was discussed and City Administrator Bretzke suggested that the City Engineer be appointed in charge of the project City Engineer Keogh agreed to accept the responsibility. Superintendent Day and Councilman Jacobs expressed thei dissatisfaction with Peterson Pump Company as they have been waiting for the pump for the Robertson Well for nearly three months. Mayor McDougald, Superintendent Day, Council- man Jacobs, and City Administrator Bretzke were going to cal them the next morning. Councilman Barker asked what had been done about the fence being built next to Mr. Jim Walker's residence. Karen Mitchell reported that Building Inspector Shaffer had called Mrs. Kim Robertson and was told she would speak to her hus- bund about getting a permit, which as of today, had not been done. Inspector Shaffer was by there today and said that th fence was up and had been placed clear to the curb, and woul have to come down. Administrator Bretzke was to notify Mr. Robertson by letter as to the requirements the next day. City Engineer Keogh was asked by Councilman Barker to see what could be done about controlling the water from over flowing at the ditch that goes through the Visitor's Center park. Superintendent Day suggested that angular trash racks be installed to keep culvert clear of trash and enable the water to flow. Councilman Tomsic made the motion that trash racks be installed by a contractor, seconded by Councilman Barker, and passed unanimously. Councilman Bonser reported that about a year ago he was appointed to the Utah Council of Criminal Justice Administra tion and they are now proposing legislation before the State Legislature on several matters. He was asked how the pro- posals should be presented, either for or against, and Coun- cilman Bonser wanted the Council's opinion as to how they wanted him to represent this area. Councilman Bonser read the proposals to Council and was advised to use his own judgement. Summary of the proposals were: (1) Decriminal- ization of Public Intoxication (2) First Offense Program (3) Health Insurance Benefits for Alcoholism and Chemical Dependents (4) Juvenile Alcohol Offenders Education Program (5) Legislation Making Drinking Beer and Driving Illegal (6) Clarify Court;s Interpretation of Determining Blood Alcohol Content. Councilman Jacobs reported that Commissioner Harvey Merrell was going to represent the county, and Mr. Merrell, Gene Westwood, Superintendent Day, and Councilman Jacobs would be meeting in the next few days to begin making plans on the sanitary landfill'proJect. Councilman Jacobs said something definitely needs to be done about stopping the litter on the streets. Police Chief Dalton was asked to enforce the existing ordinance, ci Federal funds4fd i Community Center and Swimming Pool Motion for City to apply carried Chief Dalton entered meeting Special Improvement District N 4 Peterson Pump Co. Kim Robertson's fence Motion for trash racks in irrigation ditch passed Utah Council of Criminal Justice Administration Sanitary landfill Litter on streets s)46 Litter on streets (Cont.) Skakel Spring Corbin Well and the possibility of a new ordinance requiring a cover on garbage geing transported to the dump was discussed. Councilman Tomsic asked if anything had been heard from Tenneco regarding the assessment of the Skakel Spring, and Councilman Jacobs said he would check with City Attorney Ruggeri. Councilman Jacobs advised that he, City Engineer Keogh, Administrator Bretzke, and Superintendent Day had recently met with Art Maxwell of Nielsen, Maxwell and Wangsgard. Mr. Max- well asked if the City was interested in sharing the Corbin Well with the Spanish Valley Water and Sewer District to which Councilman Jacobs stated he would not be opposed if 1,000 gallons per minute is available to the City, and if the Span- ish Valley W/S District would furnish permits and help with the pipe. Council agreed to consider this proposal, but was not in favor of making a long tern agreement with them. Palisades Subdivision City Engineer Keogh advised the Council of the continued sewer line problem with the sewer line from Palisades Subdivision to the sewer plant. He said he would like to run some good elevations in order to put in an adequate sewer line by rerouting it. Councilman Jacobs was in favor of having this done. City En- gineer keogh also suggested considering plastic liners being inserted in the sewer pipes which would eliminate infiltra- tion. Bills approved Adjournment Regular meeting Attendance Minutes approved #208 Water Study Quality The bills were approved for payment on a motion made by Councilman Tomsic, seconded by Councilman Jacobs and passed unanimously. The meeting was adjourned at 10:37 P.M. on a motion made by Councilman Jacobs, seconded by Councilman Barker, and passed unanimously. Wm. Dean McDougall/ TMayor ATTEST' David J. Bre ke, CitA Recorder December 7, 1976 A regular meeting of the Moab City Council was called to 3rder by Mayor Wm. Dean McDougall in the City Council Chambers at 8:06 P.M. on the above date. Those present were Councilmen 3onser, Jacobs, Peterson and Barker. Councilman Tomsic was absent. Also present were City Administrator Bretzke, City engineer Keogh, Street/Water/Sewer Superintendent Day and Karen Mitchell. City Attorney Ruggeri was also absent. Those in the audience were Mr. Darwin Gilger and Mr. George White, Dr. :ourtney Brewer, and Hitch-N-Post representatives Eva Lilli- iridge and Olivia Martinez. The minutes of the regular meeting held November 16, 1976 were approved on a motion made by Councilman Bonser, se- :onded by Councilman Jacobs, and passed unanimously. The purpose of Dr. Courtney Brewer's attendance was to give a progress report on the three county N208 Water juality Study. He requested the City Council's attendance at a meeting being held Saturday, January 15, 1977, commencing at 8:30 A.M. at the Star Hall being sponsored by Water Quality, EPA, State Health Department and USU Extension. This invita- tion would also be extended to the County Commissioners, the School Board and the Soil Conservation District members. This dould be a one -day short course to acquaint the local leaders )f their findings thus far, and also hold a question and an- swer session. Study guides would be distributed about two eeks prior to the meeting. Mayor McDougald advised that he, he councilmen, Mr. Bretzke, and Mr. Keogh would attend the eeting. M d'' 00 Gi U V City Engineer Keogh was making request on behalf of the Spanish Valley Water/Sewer Improvement District that the City enter into an agreement with them on the Corbin Well. Mr. Darwin Gilger and Mr. George White, representing the district, made the official request to the City Council. Everyone was in agreement with Councilman Bonser's suggestion that if the City is going to bill and collect (at no charge to the City) for these services, the district should be held responsible for any bad debts in- curred. The agreements were accepted as written for the pur- pose of making application for the necessary funds to establish the Spanish Valley Water and Sewer District. Councilman Bonser made the motion that the City accept Water & Sewer con - the water and sewer contracts as presented, seconded by Coun-tracts accepted and cilman Jacobs, and passed unanimously. Mayor McDougald signed and Mr. Gilger signed the contracts, and Councilman Bonser was going to deliver them to Denver the following day. Olivia Martinez, representing the Hitch-N-Post, wanted Hitch-N-Post pri- to know the counsil's decision for permission to rent the vate parties Hitch-N-Post for private parties which she had requested at the November 16th Council meeting. She was informed that legally they had the right to rent the premises to private parties, but it would have to be closed to the public. Also, the organization renting the building would be required to obtain the necessary licenses. The City Council insisted if any problems occurred, the City would not be responsible. Superintendent Day reported that he has started pumping Well N 10 Well #10 and it looks real good, is pumping around 800 gallons per minute, and there is no sand. In eleven hours, pumped 529,200 gallons of water. The City Council voted to accept a job evaluation study Job evaluation on a motion made by Councilman Bonser, and seconded by Coun- study accepted cilman Barker. The motion carried by a vote of three to one, Councilman Barker, Bonser, and Peterson in favor, and Councilman Jacobs opposed. The study will be performed by the Utah Intergovernmental Personnel Agency Technical Assis- tance Division Service. Mayor McDougald questioned the poss- ibility of over -classifying employees for public works, but was assured the analysis would not cause this problem as the ,lob descriptions were to be broadly defined. The City would have the option of choosing the type market they wanted analyzed giving them a guideline for a salary scale. The judge and the administrator would be excluded from this evaluation. Regarding the recent correspondence received from Mr. Ray L. Pruett, Manager, Utility Engineering & Service of the Public Service Commission pertaining to the City's complaint regarding the $120 customer deposit, Councilman Barker made the motion that the City respond in writing requesting a publ hearing, seconded by Councilman Bonser, and passed unanimous - There was a lengthy discussion regarding distribution of a second foot of water to the Spanish Valley Water and Sewer District from the Corbin Well. Councilman Peterson again expressed his feelings that he did not like the idea of the City entering into a permanent agreement with them. Council- man Jacobs advised the second foot of water was offered on a temporary basis in order to help them establish the dis- trict, and back them in making application for the funds. It was suggested that an agreement should be drawn up between the City and the district confirming the fact that they would be expected to search for a different source of water as soon as possible. City Engineer Keogh said he would con- vey to the County that the City Council will make Spanish Valley Water and Sewer District aware of the fact that one second foot from the Corbin Well is for the district's use for the purpose of application of funds primarily, and that the District should agree to acquire it's own source of water from a different point of diversion other than the Corbin Well. Spanish Vall Water/Sewer Improv. District Public Service Commission 47 icMotion to request public hearing passed Spanish Valley Water and Sewer District Explore different source of water Va�'County Water Conservancy Distric Request for Resolu- tion 6-76 passed Invitation for Bids for truck chassis ;Sewer flusher Silver Dollar Bar Kim Robertson's fence Skakel Spring Al Keast building permit request Sanitary landfill project progress report Councilman Jacobs requested a resolution be drawn up addressed to the Grand County Water Conservancy District stating the City would be interested in water from the plan- ned lake to be serviced by the Sheeley Tunnel at a future date. Councilman Jacobs put his request into a motion, it was seconded by Councilman Barker, and passed unanimously. (For text of Resolution 6-76, see the following page.) Councilman Jacobs announced that an Invitation for Bids on specifications for a truck chassis had been prepared and would be awarded at the next council meeting. Councilman Jacobs reported that a salesman was here to demonstrate a sewer flusher but the machine had froze up, so returned to Phoenix. Plans on returning to Moab for a de- monstration in the near future. Councilman Jacobs said that the City does need a sewer flusher. Councilman Peterson questioned the progress of some items discussed at the November 16th council meeting. Number one, a request for a cabaret license from the Silver Dollar Bar. It was concluded that the owner had probably decided to wait until after the first of the year, rather than pay one ear's license fee for only a few days left in the year. Also, Councilman Peterson inquired as to the status of the illegally constructed fence on the Kim Robertson prop- erty. City Administrator Bretzke reported that Mr. Robertson had ignored his correspondence, and upon calling him, found Mr. Robertson unwilling to comply with the City Ordinance. It was the pleasure of the council to take legal action, and insist on the fence coming down within ten days, or fined each day that it stands. Councilman Peterson asked Councilman Jacobs if he talked to City Attorney Ruggeri regarding the Skakel Spring asses- sment. Councilman Jacobs said he had, and that City Attorney Ruggeri was going to call Tenneco and would report the results to City Administrator Bretzke. Councilman Jacobs asked the Council to check the resi- �ence of Al Keast, G46 MiVida Drive. He has requested permis- sion to enclose an existing open carport and breezeway between his home and carport which is classes as nonconforming. The .rdinance reads that no further development or change can be ade. Councilmen agreed to look into the situation. Councilman Barker also made reference to the minutes of he November 16th meeting regarding Councilman Jacobs progress n the sanitary landfill project. He reported that the City ust abandon the existing dump which could take anywhere from hree to five years. Will begin filling with sand and elimi- ate the burning as soon as possible. Tentative plans are to wild a road on the north side and begin filling from the bottom p, creating an earth covered slope when completed. Those ttending the meeting and inspection of the site were Coun- ilman Jacobs, Commissioner Merrell, City Administrator Bretzke, ►uperintendent Day, Gene Westwood and Bobby Hawks. BLM anager, Gene Day, was approached by Councilman Jacobs as to hat was required by the City in making application for the property selected for the new landfill site, which was the •rimary site recommended by the State. At this point, it isn't known whether this is State land, or BLM land. The BLM epresentative informed Councilman Jacobs he would check into he ownership and report back with all the pertinent informa- ion. Gene Westwood has agreed to pull out junked cars and aul to Bert's Auto Salvage if Clair Tangren is in agreement. ouncilman Jacobs stated he was not opposed to using Mr. Parry's ractor; that he would be glad to string the 2,000 feet of once around the dump which could be salvaged for the new ite; the $50,000 and he understands, is earmarked for a road; e would not be opposed to their furnishing us with a compac- or loader; he would hesitate Mr. Parry dictating hours and gays of operation. Councilman Bonser informed the council that the county had set aside $1,500 for a Juvenil Delinquent Work Program Supervisor, of which they were asking that the City pay half. Councilman Peterson made the motion that the City meet this request, and it was seconded by Councilman Barker. Mayor McDougald made the suggestion that the City budget the amount, and pay the county back at the fiscal year end. Councilman Jacobs was going to make request for these funds at the Assn. of Government meeting in Price on January 12, 1977. The council was in favor of supporting this pro- gram. City Engineer Keogh reported that the Special Improve- ment District N4 is progressing at a slow pace. Council dis cussed the problems with the contractors awarded the project and considered calling a meeting with them, John Keogh, Councilman Jacobs, City Administrator Bretzke and Mayor McDougald if the work performance doesn't improve. Councilman Jacobs made the motion to approve and pay the bills, seconded by Councilman Peterson, and passed unan- imously. The meeting adjourned at 10:50 P.M. on a motion made by Councilman Barker, seconded by Councilman Jacobs, and passed unanimously. Wm. Dean Mcougaldf 'ayor G4-1e/ David J. Brotzke, Citecorder December 21, 1976 A regular meeting of the Moab City Council was called to order in the Council Chamber-s,at 8:101P:14. by_Mayor-Wm.. Dean McDougald. The full council was present consisting of Counci man Barker, Bonser, Jacobs, Peterson and Tomsic, plus City Administrator Bretzke, City Attorney Ruggeri, City Engineer Keogh, Street/Water /Sewer Superintendent Day, and Karen Mitchell. Audience participants were Leonard Burton, Jim Wiseman, and Roy Pogue. The minutes of the regular City Council meeting of Dec- Minutes approved ember 7, 1976, were approved on a motion made by Councilman Jacobs, seconded by Councilman Tomsic, and passed unanimously The first item of discussion was the awarding of bids submitted for the following insurance coverage for the City of Moab: Comprehensive General Liability, Automobile Bodily Injury Liability, Automobile Property Damage Liability, Auto- mobile Physical Damage, and Public Employees Blanket Bond, plus Mr. Leonard Burton of the Central Insurance Agency re- presenting the Northwestern National Insurance Company. It was the decision of the council to delete all vehicles ex- cept numbers 7, 17, 18, 20 and 21 as listed on page 9 of the Bid Sheet of collision and comprehensive coverage. The motio was so made by Councilman Jacobs to accept Mr. Burton's bid, and was seconded by Councilman Barker. The motion was passed unanimously with the understanding that Mr. Burton would advise them of the final premium figure reflecting the dele- tions, with and without the 1974 Ford Flat Bed Truck. 249 Juvenile Delinquent Work Program Supervisor Request by County approved Special Improvement District # 4 Bills approved Adjournment Request for a retail beer license for off -premise con- sumption by David L. Stewart dba the Butcher Block was heard by the council, and passed unanimously on a motion made by Councilman Barker, seconded by Councilman Jacobs. Invitation for bids•on a 5 cubic yard dump body and a truck chassis had been advertised in the Times Independent Regular meeting Attendance Awarding of Insur- ance Bids Beer License Truck Chassis Bids 250 Out -of -city water Connections Alibi Saloon water Connections Workshop of city Managers and Ad- ministrators Illegal fence Carport enclosure approved Utah Intergovern- mental Personnel Agency Flood hazard study Skakel Spring Assessment Mrs. Edwards moves trailer at Old Cit Park nnouncing that the sealed bids would be opened during the Dec- mber 21, 1976 council meeting. After reviewing the individual ids submitted, Councilman Bonser made the motion to award he truck chassis bid to Peterson Ford, and awarding of the ump body be taken under advisement. The motion was seconded y Councilman Barker, and passed unanimously. The council considered a request by Forrest L. Simpson or out -of -city water connection for business at Spanish Val- ey Drive. The written application was to be referred to the ater and Sewer Department. Mr. Roy Pogue, owner and operator of the Alibi Saloon as present at the written request of City Administrator retzke. Mr. Pogue stated that the water connections are he same as they have been for the last two years, that my one trailer and the bar are hooked up to city water. here are three other trailers at the location that he in - ends to hook up to a well. City Administrator Bretzke ad investigated the situation and verified Mr. Pogue's tatement, therefore no council action was needed. City Administrator Bretzke requested permission from he council to attend a statewide workshop of city managers nd administrators on January 27, 28, and 29 in Midway, tah. Councilman Bonser made the motion to approve this equest, Councilman Barker seconded, and carried unanimously. City Administrator Bretzke also gave a follow-up on the Kim Robertson fence complaint. Building Inspector Shaffer checked into the violation of Mr. Ivan Bailey. Mr. Shaffer did not recollect issuing a building permit to Mr. Bailey for his additions. Council agreed Mr. Bailey's situation had no bearing on the complaint a- gainst Mr. Robertson and legal action should be carried out. City Attorney Ruggeri agreed with Board of Adjustment Chairman, Jim Wiseman, that the request by Mr. Al Keast to enclose the existing carport at his property located at 646 MiVida Drive did not come under the Board of Ad- justment's jurisdiction, and therefore, was referred back to the City Council. Councilman Peterson was in favor of the proposed improvements to the nonconforming structure, and so moved to approve Mr. Keast's request. The motion was seconded by Councilman Tomsic, and passed unanimously. City Administrator Bretzke reported that Mr. Marvin Johnson of the Utah Intergovernmental Personnel Agency will be in Moab January 4, 1977, to hold meetings with all city employees during the day, and will meet with the City Council that evening prior to the City Council meeting in regards to the comprehensive personnel program. Councilman Jacobs presented preliminary flood hazard boundary maps submitted by Michael Baker, Jr., Inc., En- gineers and Surveyors, of Harrisburg, Pennsylvania. Coun- cilman Jacobs requested that a revised map be submitted designating additional flood -prone areas in the northern part of Moab City, and accuracy is essential in the event federal aid is needed. Councilman Tomsic made the motion that a flood -prone study be conducted, it was seconded by Councilman Barker, and passed unanimously. City Attorney Ruggeri reported that he was waiting for a reply to his telephone calls regarding the Skakel Spring assessment. Councilman Jacobs reminded the council of Mrs. Edwards equest to move her trailer under the trees at the Old City Park. He investigated the situation and the health officer said if the septic tank is below the spring it should cause no sanitation problems. Councilman Jacobs also requested furnishing Mrs. Edwards with a tractor, a seeder, and a fertilizer spreader for maintenance of the Old City Park. M Cr U C.) Councilman Barker showed the council the plaque pre- sented -to the City of Moab by the Girl Scouts for providing the utilities at the Scout House. Plaque from2 5 k Girl Scouts Cf7 d" crJ Q U V 1I TO: f IFROM: SATE: E .UBJECT: City Engineer Keogh gave a progress report on the Special Improvement District #4. The paving contractor will grade and cover with base gravel for the winter, and pave next spring. Mayor McDougald asked that it be put in the official records, that certain contractors would not be accepted for future jobs due to the poor performance on this project. Mayor McDougald reminded the council of the annual Christmas Party being held tomorrow night in the Arches Dining Room. The bills were approved on a motion made by Councilman Tomsic, seconded by Councilman Peterson, and carried unan- imously. The meeting adjourned at 9:55 P.M. on a motion made by Councilman Peterson, seconded by Councilman Jacobs, and passed unanimously. ATT David . Brejxke,'EtydTecorder Wm lean McDouia MEMORANDUM Moab City Council David J. Bretzke, City Administrator -Recorder January 4, 1977 City Manager's Report Progress report on Special Im- provement Dist- tict S4 Annual Christmas Party Bills approved Meeting adjourned —r a .� �.�. E-, l_ . At the request of the City Council, comprehensive and collision coverage was deleted on all city vehicles except 7, 17, 18, 20 and 21, making a total savings on the premium of $1,035.00. The new police car was added to the policy with full coverage. The council approved the purchase of a truck chassis from Peterson Ford in the amount of $9,396.81. After reviewing the bids and specifications by Superintendent Day, Councilman Jacobs, and myself, the dump body was awarded to Peterson Ford in the amount of $2,497.00. 3. On the January 4, 1977 city Council Agenda is a consideration to authorize City_Administrator Bretzke to advertise for bids on a new trickling filter pump. Mr. William A. Luce from'Nielsen, Maxwell and Wangsgard prepared the specifications for the fourth trickling filter pump on December 8, 1976, and I sent copies out to Mayor McDougald, Councilman Jacobs, John Keogh, Joe Severns, and Lynn Day on December 13th, requesting a meeting to discuss this matter I have discussed this with all of the above at one time or another, and feel that it is essential to proceed immediately with adverr tiling for bids. The first and second pump have been rebuilt and serviced by the Worthington Service Corporation, Salt Lake City. They are presently overhauling the third pump. Even with the overhaul of these three pumps, we feel that the addition of a fourth pump is necessary at this time to comply with EPA standards. Members of the Board of Adjustment: James Wiseman (Chairman) Ray Tibbetts Ray Branscom Keith Brewer Lester M. Erbes January 1, 1961 January 1, 1977 (Term expired) January 1, 1981 January 1, 1979 January 1, 1981 #208 Water Quality Study meeting will be held Saturday, January 15, 1977_ commencing at 8:30 A.M. at the Star Hall. All councilmen, Mayor McDougald, City Administrator Bretzke, and City Engineer Keogh accepted Dr. Brewer's invitation to attend the workshop. I received a letter Monday from U.S. Dept. of Commerce, Economic Development Administration, regarding the city's application for Federal assistance under the Local Public works Capltol Development and Investment Act of 1976 for a grant of $2,639,733 for Grand County Civic/Fine Arts Center, and aiia,luUle. fL was 'suggesiea tnat—i —this occurs they would refile i R r i t City Council January 4, 1977 Page Two was informed that our proposal was not among those projects selected for approval and was therefore denied. Application materials are to be returned at a later date. I7. Councilman Barker suggested a meeting with Recreation Board, regarding budget matters. I would be happy to set up the meeting, if Mrs. Barker requests such a meeting. Members of that Board are as follows: J. W. Holland, Member -at -Large; Ed Claus, Treasurer; Harvey Merrell, representing the County; Harold Hutton and Betty Dalton, representing the School District; and Dixie Barker, representing the City./ Mr. Ludwig Hansen came by to see me and told me that the First Security Bank had a -\ balance in the checking account of $450.05 which Mr. Willis Hansen had i in his name for the Shade Tree Planning Program. This committee should l decide what to do with this money. I #8. Keith Peterson's term on the Shade Tree Commission expired on January 1, / 1977. Other members are: Darlene Walker Dave May Richard Buehler January 1, 1980 June 1, 1981 June 1, 1981 Karla Hancock had been considered at the May 4, 1976, council meeting as a member. CZ d4 A 'U `sU ELME IMHALL t tR KN..EKI Hy nT wLT�X ter K� TO: FROM: DATE: SUBJECT: ren Of the Catntoulaua. 121 East Canter Stroll MOAB, UTAH N132 Ref. No. CA-77-113 Mayor and City Council David J. Bretzke January 7, 1977 City Manager's Report —..MME„_ w.m AMTT - Wtire .MSIC ►i E iN.n, y rvE..n.n • H..IIn t y .rY • Karliu. luv Sem KEITH.ETEELON NM Pc.nnpr. lr wu..•. i led Ifl. After the January 4, 1977, council meeting I discussed the street e- curb and gutter situation with an inspector on the Mill Creek Bridge, N4 and also with Jim Deaton. A copy of the results are covered in a letter I sent to Mr. Deaton. 112. In regard to the caterpillar spraying program, I contacted Kay Hancock with the SUCCE who referred me to Mr. Reed Roberts, State Extension Entomologist with the Utah State University of Logan. Mr. Roberts called me Friday and indicated that the tent caterpiller does not migrate too far, but pupates in the ground near the trees. His recommendation is to use a mist type rather than a sprayer type machine. A mist machine will go up 40-50 feet. The best chemical to use is Sevin. He also recommended Dizsban, manufactured by Dow Chemical, and Diazamon is used sometimes. Chloradane was good but it is ro .anger per.mitied. In regara t5 law's, he woutc lirce Lo cnerr- on the type of bug we alight have. It could be a lawn meth, a white grub beetle, or a bill bug. His agency is planning a Pesticide Applicators Training Program in Moab on March 2, 1977, a one -day training program primarily geared for the farmer. This will certify anyone attending this school to be able to use restricted compounds. City and County officials are also invited to attend. For further information we should contact Mr. Jim Stevens from Monticello., He_has_a very busy schedule ahead of him, but would like to come to Moab and he said within fifteen days he would get back to me to determine if he could make it to Moab. If he can't make it, he will recommend specific types of machines to use, and chemicals. I would recommend that an individual from the City and the County payroll staff be requested to attend this one -day meeting. #3. Mr. Steve Moehlmann from the Utah State University was in town Thurs- day to conduct his on -going Wastewater Treatment Plant Operators Training Course, #4. i attended a Spanish Valley Water and Sewer District meeting Thursday night and, as you may know, their request to L.P W. funds through EPA was denied. There is a possibility that additional funds may be available. It was suggested that if this occurs they would refile az Tr M Ca U U tit AgritrAMINP* Mayor and City Council January 7, 1977 Page Two their request. Also, they are going to check other sources of funding available through EPA, and the possibility of private financing. From the gist of the meeting last night I would say that EPA is somewhat short of funds until President Carter makes his first move. HS. Mr. Arnold Marks was in Friday making application to the Board of Adjustment for a home occupation to do television -electronics repairs. This individual was recommended to me by the Mayor. His public hearing will be January 19, 1977. #6. Mayor McDougall and Harold Jacobs suggested that I send a telegram to Bobby Morris informing him that his job had been eliminated due to the fact that he did not show up, or call. He was due to report to. Work on Monday, January 3rd. The telegram was undeliverable, but I was able to reach his wife by telephone on Friday. She said he left Pensacola on Sunday, January 2, and that he was in Amarillo, Texas, on Monday. She hasn't heard from him since. He has apparently been offered a job An Trinidad, Colorado, at $15,000 per year and led her to believe he was going either to Trinidad or Moab. I asked for a police check on him from Chief Dalton, but Florida authorities did not answer his request. k7. Enclosed with this packet is a report of building department activities by the City and County for the last eight years. This report was prepared by Building Inspector Cecil Shaffer And part-time secretary, Darlene Lett. .think it is a meEningful and comprehensive report. DJB:km , _wi t i fy_ n,yorc r_ , _ E.i :dip6_tnd§-, .. January 4, 1977 An information session was held prior to the regular Moab -City Council meeting at 7:30 P.M. at which time the council heard a summary discussion concerning the compre- hensive personnel program being conducted by Mr. Marvin Johnson of the Utah Intergovernmental Personnel Agency. Mr. Johnson had met with and introduced the program to the City employees in staggered meetings earlier that day. The regular Moab City Council meeting was called to order in the Council Chambers at 8:11 P.M. by Mayor Wm. Dean McDougald. Councilmen present were Dixie Barker, Harold Jacobs, Keith Peterson, and Marge Tomsic. Also pre- sent were City Administrator Bretzke, City Attorney Ruggeri, Street/Water/Sewer Superintendent Day, and Karen Mitchell. City Engineer Keogh and Councilman Bonser were absent. Jim Wiseman and Frank Tabberer were in the audience. The minutes of the regular meeting of December 21, 1976 were approved on a motion made by Councilman Jacobs, second- ed by Councilman Barker, and passed unanimously. At the invitation of the Mayor, Mr. Tabberer expressed his dissatisfaction with the curb, gutter, driveway, and paving project on Park Drive (a portion of Special Improve- ment District #4) which fronts his residence at 402 Park Drive. After much discussion, Councilman Tomsic made the motion to shut down the contractors, take the city crews in and put in the necessary form and gravel to help the pro- perty owners in the district through the winter, deduct these costs to the city from the contractors bids, and have the State Inspector check out the quality of the work, namely the concrete, since cold weather had delayed the pa- ving work. Counc;'.rear. Barker seconded the motion. The uncil was inforTAd of a dispute between the City Engineer tae concrete contractor as to who is responsible for some off -grade concrete work for which the contractor is billing the city an additional $320.00 for this correction. Councilman Jacobs wanted to meet with the paving contrac- tor the following day before any council action was taken, however was in favor of ordering the concrete test. Coun- cilman Tomsic amended her motion to withhold the standard 10% of the concrete invoice, and the contested $320.00. Prior meeting with Utah Inter- governmental Personnel Agency Attendance , Minutes approved Special Improve- ment District #4 2,52 City Attorney Ruggeri suggested that the entire invoice be held until the results of the concrete test were received. More discussion resulted in Councilman Tomsic withdrawing her motion until she had talked to State Inspector C. Don Peterson the following day, and council agreed to hold up payment of the Mark's Concrete Construction invoice. Bids for trick- Council considered a request by City Administrator ling filter pump Bretzke, at the recommendation of Nielsen, Maxwell and Wangs- gard, to advertise for bids for a fourth trickling filter pump at the wastewater treatment plant. Councilman Jacobs requested running tests in June or July after the third pump is back in operation before spending the money for the fourth pump. Board of Adjust- Mr. Ray Tibbett's term expired with the Board of ment Adjustment on January 1, 1977, and is not interested in serving another term. Jim Wiseman, Chairman of the Board of Adjustment, said he would check for candidates to fill this vacancy. Mayor McDougald advised Mr. Don (Adair) White had expressed some interest in serving on a city committee. FBI Agent Crosswalks LDS Church Building Inspec- tor Complaint agains Robertson Request approved Spray trees Community youth Program Minutes amended Landfill Mayor McDougald informed the council that the county was checking into the possibility of housing a permanent FBI agent in one of the city offices. Councilman Tomsic said she would review the situation and return with a recommendation. Crosswalks were requested in front of the LDS Church on Locust Lane. City Administrator Bretzke was to take this up with the Chief of Police. Council reviewed the excessive workload of Building Inspector Cecil Shaffer, and Councilman Peterson made the motion to give the county a sixty-day notice that, effective January 1, 1977, Mr. Shaffer's duties would be confined strictly to the city, being no longer available for county inspections. Councilman Barker seconded the motion, and was carried unanimously. Councilman Peterson questioned the results of two item discussed at their meeting on December 21, 1976. City Administrator Bretzke reported that he had asked City Attorney Ruggeri, by letter, to prepare the necessary legal forms for filing a complaint against Kim Robertson. Also, Mr. Al Keast had been informed by telephone, and by letter, that council had approved his request for improve- ments to his home, and should obtain a building permit from Building Ispector Shaffer. Councilman Barker asked that the council consider making immediate arrangements to spray all city trees for tent caterpillars. Councilman Jacobs suggested contacting spec- ialists for their recommendations and report these findings at the next council meeting, at which time the council would take action. Mr. Verlin Hatch of the Division of Family Services arrived at 9;30 P.M. in keeping with his request to be put on the agenda. He is hoping to create a community youth program and was open for suggestions from the City Council. Mayor McDougald told him the city would help in any way possible, and suggested that he contact Mr. Jay Holland to request a meeting with the Recreation Board. Mayor McDougald asked that the official minutes of the regular City Council meeting of May 4, 1976, be amended to read that Karla Hancock was appointed to a five-year term on the Shade Tree Commission commencing June 1, 1976, and expiring June 1, 1981. Councilman Keith Peterson's term on this same committee expired January 1, 1977, and he accepted another five-year term. Councilman Jacobs said he was still working on the sanitary landfill project, but had nothing new to report at this time. Bills approved The bills were approved, with the exception of Mark's Concrete Construction bill in the amount of $6,868.23, on a motion made by Councilman Tomsic, seconded by Councilm n Peterson, and passed unanimously. The meeting adjourned at 10:40 P.M. by mutual consent. Meeting adjourned ATTEST: can McDougald, viil J. Mike, y Recorder �IEEi2NE MMHALL ,LE, . Emn lu. MM enye, . ,OEEEEI ,nr "CEIET 0, Lrf N OEM CD ca U U . TO: City Council FROM. David J. Bretzke SUBJECT: Memorandum DATE. January 28, 1977 tfrarr (tw .uaaulum. 121 East Cantor Street MOAB, UTAH 84532 Ref. No. CA-77-139 ,,...ry EYLN.OEOO,tO —COuNCILIJEN- 111E01.0 JACOE, Meets WaterSewer WNIEO..DLLalA NAENEIEN TOAIEIC IXIE L E MILE, INN E 11..4. ITEMS 110/4E11 uh OUE E AWuI ADM KEITHPETERHINGmmA Rum" h 253 th F b 1 1977 '1 Mr. Engstrom has not paid his contractors license fee of $30.00 to the City it for the current year, plus he is in arrears on water bills, and other charges. There is also some question regarding crushing of gravel for the City which I will need to investigate next Monday. I will have more infor- mation on this Tuesday. I have requested Dave May to bring in the copy of the letter he had received from the Federal Office of Water Research Development wherein he wanted the Mayor to write a letter of recommendation to approve a water research study, and as of this date, he has not brought in the letter. N1. copy Machine for City Hall. Councilman Marge Tomsic and myself have been working on acquiring other copy machine services during the past month. A couple of weeks ago the county made if physically impossible to get to their maching other than 8:00 A M. to 12:00, and 1:00 P.M to 5 00 P M., Monday through Friday The copy machine room has been locked at all other times. Quite frankly, we need the use of that machine after 5.00 P M., also h during the noon hour, and on occasion, when I work on a Saturday or Sunday. Based on 1300 copies per month, the cost for the use of the county machine was running $176 per month. I check on the cost of an IBM #1 Copier and f It would run S138.85 per month for the same amount of copies I check with Randy Spencer on a rental under a six month agreement and it would cost !Ir 1 me $154 per month for 1300 copies. Under a 24 month lease purchase arrangement, ,t would cost $169 per month. I authorized Randy Spencer to I 1monthly place a machine in the City Hall Office on a 30-60 day trial basis on a rental agreement to determine whether we want to buy the machine or not Within the next 30-60 days we will make a determination as to hether we should purchase this machine ; �5 N2. Robert Engstrom was in Tuesday requesting one-third payment on his paving contract on Special Improvement District N4. His bid on the project was $12,394.80, and his request would amount to $3,718.48. I will have John Keogh Check this request for payment and ask him to recommend whether we should pay at this time or not, for consideration by the City Council at e e ruarV , , council meeting. IL 43. -r 3 iMemorandum to the City Council January 28, 1977 Page Two tiEl„`ra t i,43 TN, Y #4. A check has been issued to Mark Beeson for $6,181.41 representing 90% of the work he has done to date. This does not include the $320 for the extra work in resetting curb and gutter forms on Fifth West Street. #5. I talked with Lee J McQuivey on Wednesday, January 26, 1977, of the Corps of Engineers inquiring as to the status of the Emergency Bank Protection Project on Mill Creek adjacent to the high school. His office sent their report to the San Francisco office. A few questions were raised by that office which were answered by Mr. McQuivey. He said he expected funds to be approved by the San Francisco office soon. However, it depends on availability of funds, and he was going to follow up on this request As far as the long term flood improvement project is concerned, he indi- cated a meeting was going to be held by Dan Lawrence in Salt Lake City on February 3, 1977, with Ken McDougald, Ev Schumaker, and Mr McQuivey to review the studies on the floodway of Mill Creek and the reservoir in upper Spanish Valley. 00>,),_.ei a-54e), DJB:km m cnr tre- 'l. i "'3. ��.--"-._ _- �•,-- _ - -- `--..��x=..i ate- '__._, _Y, �r A special meeting of a Moab City Council was called Special Meeting to order at 3:00 P.M. in the City Administrator's office by Mayor Wm. Dean McDougald. Councilmen Barker, Bonser, Attendance and Jacobs were present, and Councilmen Peterson and Tomsic were absent. Also present were City Administrator Bretzke, City Attorney Ruggeri, and Karen Mitchell. The purpose of the special meeting was to_consider Beer Licenses two retail beer license requests after receipt of the pol- M ice investigation reports. Mr. D. G. Inskip-Spykerman dba �+ the Poplar Place, and Mr. Leo Seiler dba the Pizza Hut CrJ were granted retail beer licenses with the following stip- ulations: They must maintain strict control of teenage patrons; they must control the noise; completely discour- age the use of marijuana and all other drugs in their place of business; and cooperate with city officials and the law enforcement. The motion was made by Councilman Barker, seconded by Councilman Jacobs, and passed unanimously. Councilman Jacobs made the motion to pay Mark Beeson Special Improve- 90% of his invoice for the work performed on the Special ment District N4 Improvement District #4 amounting to $6,181.41. This did not include the $320.00 for the corrective work, and the remaining 10% would be paid upon completion and approval of the work. The motion was seconded by Councilman Barker, and passed unanimously. Mayor McDougald advised the council of a letter he Board of Adjust - had received from Mr. James A. Wiseman, Chairman of the ment Board of Adjustment, regarding the placement of a modular home on property belonging to Mr. Roy Maki on the north side of the Westerner Grill. Mr. Maki's original request t the Board of Adjustment was to replace his existing mobile home with the new structure, and to date, the old trailer has not been removed. Mayor McDougald said he would talk i rnment January 25, 1977 A special meeting of the Moab City Council was called Special Meeting to order at 3:00 P.M. in the City Administrator's office by Mayor Wm. Dean McDougald. Councilmen Barker, Bonser, Attendance and Jacobs were present, and Councilmen Peterson and Tomsic were absent. Also present were City Administrator Bretzke, City Attorney Ruggeri, and Karen Mitchell. The purpose of the special meeting was to consider Beer Licenses two retail beer license requests after receipt of the pol- VD investigation reports. Mr. D. G. Inskip-Spykerman dba the Poplar Place, and Mr. Leo Seiler dba the Pizza Hut C{J were granted retail beer licenses with the following stip- ulations. They must maintain strict control of teenage patrons; they must control the noise, completely discour- age the use of marijuana and all other drugs in their place of business; and cooperate with city officials and the law enforcement. The motion was made by Councilman Barker, seconded by Councilman Jacobs, and passed unanimously. Councilman Jacobs made the motion to pay Mark Beeson Special Improve- 90% of his invoice for the work performed on the Special ment District #4 Improvement District #4 amounting to $6,181.41. This did not include the $320.00 for the corrective work, and the remaining 10% would be paid upon completion and approval of the work. The motion was seconded by Councilman Barker, and passed unanimously. Mayor McDougald advised the council of a letter he Board of Adjust - had received from Mr. James A. Wiseman, Chairman of the ment Board of Adjustment, regarding the placement of a modular home on property belonging to Mr, Roy Maki on the north side of the Westerner Grill. Mr. Maki's original request t the Board of Adjustment was to replace his existing mobile home with the new structure, and to date, the old trailer has not been removed. Mayor McDougald said he would talk to Mr. Maki. Councilman Barker moved for adjournment at 3:40 P.M., Adjournment Councilman Jacobs seconded the motion, and was passed un- animously. ATTEST: David z e it ecor er can McDouga Ref. No. CA-77-125 MEMORANDUM TO Mayor and City Council FROM• David J Bretzke DATE January 18, 1977 Nl Enclosed is an invitation from Mr Paul Gilgen to attend an orientation meeting for this area on January 20, 1977. 1 would recommend that Councilman Jacobs attend this meeting if at all possible. It should not last more than a couple of hours #2. Enclosed is a copy of a letter received from Mr. Gordon E. Harmston, Department of Natural Resources. This came about as a result of my making applications for projects in the City. The other two were: (1) Landscaping and additional paving at the Visitor Center: (2) Landscaping, installing a sprinkler system, and new grass, at the Old City Park. DJB;km 254 Minutes approved Rezoning Public hearings published in paper Beer licenses Beer licenses Easement at 8.30 P.M. Those in the audience were Jim Wiseman re- presenting the Planning Commission for the scheduled public hearing, Ralph Miller, Jr. and Kevin Johnson, Les Erbes, Brenda Griswold, Peter L. Parry, Lynn Leech and Janet Hollingsworth, Cecil Thomson, Dave May, Jim West, D. G. Inskip-Spykerman, and Mr. and Mrs Leo Seiler. The minutes of the regular City Council meeting of January 4, 1977, which the Councilmen had received in ad- vance, were approved as written on a motion made by Council- man Tomsic, seconded by Councilmak Barkervand passed unan- imously. ORDINANCE NO. i-77 AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1965 AS AMENDED, RELATING TO THE OFFICIAL ZONING MAP _ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH THAT Section 27-5-2 of the Ordinance of Moab City, 1965, as amended, relating to the official zoning mpa of the City of Moab,'be, and the same is, hereby amended by the a-dition of the following. "(f) The following described real property zoned R-3, Residential Zone, is hereby rezoned as R-4, Residential Zone. Beginning at the Southwest Corner Lot 3, Block 23, thence East 231 feet, North 551/2 feet, West 231 feet, South 551/2 feet to beginning, and beginning 551/2 feet North of Southwest Corner, Lot 3, Block 23, Moab Townsite, thence North 761/2 feet, thence East 94 feet, thence South 161/2 feet, thence East 137 feet, thence South 60 feet,•thence West 231 feet to beginning. ' Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah this 18th day of January, 1977. ded by Councilman Barker, ano passes-un■ntmuuary7—..yrup..— ., text of Resolution 2-77, see the following page.) Councilman Tomsic made the motion that all future public hearing notices be published in the paper and dis- tributed to the broadcasting media, and was seconded by Councilman Barker. The motion carried with a vote of three to two, Councilmen Barker, Bonser, and Tomsic voted in favor of the motion, Councilmen Jacobs and Peterson, a- gainst. Mr. D. G. Inskip-Spykerman, new owner and operator of the Poplar Place, was advised, upon his request for a re- tail beer license, that the matter would have to be tabled until the police investigation was completed at which time the Council would hold a special meeting to make their decision. This was passed unanimously on a motion made by Councilman Barker, and seconded by Councilman Jacobs. Mr. Leo Seiler of Grand Junction, manager of the Pizza Hut now under construction in Moab, was present also making request for a retail beer license. He, too, was informed that the council would make their decision at a special meeting as soon as the required police investigation report was received. Mr. Cecil S. Thomson, Developer of the Thomson Sub- division, located south of Holiday Haven Mobile Home Park and immediately west of Fifth West Street was present requesting the City's assistance in obtaining an agreement between the City, himself, and the owners of the Holiday Haven Mobile Home Park to deposit his collection system into the existing private sanitary sever main which runs along the westerly line of the Holiday haven Mobile Home Park, providing that the present owner grants a permanent easement to the City of Moab for operation and maintenance of said sanitary sewer main. The easement should provide enough right-of-way for excavation and placing of excava- tion materials in the event said main needs to be replaced at any time in the future. In the event the City would 255 r• Councilmen Barker, Jacobs ' Peterson, Tomsic and Bonier, Mayor McDougald, and Maxine Smith have to repair and/or replace any segment, all or in part, of the sanitary sewer main, the owner of Holiday Haven Mobile Home Park would be required to remove and replace at his sole expense, any mobile home and/or accessory structure located within said easement. Superintendent Day said the increase of sewage waste would assist the flow in the main and should easily service the proposed thirty- eight residential lot subdivision. Councilman Bonser so moved, and the motion was seconded by Councilman Barker. The motion carried four to one, Councilman Tomsic opposing based on the fact that the line is sixteen years old and could require excessive maintenance problems for the City. -- - _ — 1*"671tE January 6, 1977 SUBJECT Ref. No. CA-77-112 J FROM David J. Bretzke k G E Mr. Ray O. Walker stopped by the office Thursday and left a copy of the revised proposed Utah Power & Light Company franchise with the city. He and/or Jay Bell would like to attend the January 18, 1977 City Council meeting at 8:00 P.M. to discuss the franchise. CO He has made changes as recommended at the June 1, 1976 Council Mmeeting providing for paying 11/2% franchise tax on a quarterly basis and, G under separate agreement (licensing), they will continue to pay the %Z% sales (..) tax (see new paragraph under Sec. 5 of the franchise). The council and c.,> power company had agreed upon a 33 year franchise at this June meeting. They ,also included a new sentence to Section 2. He did not know what this 12% would `net the city, but would have that information at the January 18th meeting. He also indicated that Utah Power & Light is requesting an average �.6% rate increase. I don't know whether this effects our.street lighting r�ot. as b i this nr ilLance with_vo1!.a.t h anua 8 ti \\t rxtil'e3fii f, t%%rye b.l /C i km. , —DAM— Lynn Leech, President, and Janet Hollingsworth, re- presenting the newly Concerned Parents Association, re- quested the City's support in a "Helping Hands" project to which Councilman Barker made a motion, it was seconded by Councilman Tomsic, and passed unanimously. Councilman Jacobs offered to attend their next meeting and Mrs. Leech said she would notify him of the date and time. Mayor McDougald announced that the City had received a $17,500 grant from the Governor for renovation of the Moab Swimming Pool. Mr. James L. West, representing the Chamber of Commerce presented the Council with a petition signed by their Board of Directors requesting that Section 16:8-10 of the Moab City Ordinance be rigidly and actively enforced for the beautification of the City of Moab. Councilman Peter- son said steps were being taken to reenact this program by the Gity Council and the Chamber of Commerce. A com- mittee would be formed to designate problem areas, and an - inspector would be elected to enforce clean-up activities. Mr. Dave May requested the Council's support by letter of funds available for a water research project, the Can- yonlands National Park being the main target of the study. The end result would be identification of water bearing strata as to quantity and quality. Mayor McDougald asked him to furnish information needed to construct the request in the form of a resolution. Councilman Barker made the motion that the Mayor support this program in writing to the Federal Office of Water Research and Development, Coun- cilman Bonser seconded, and it carried unanimously. Mayor McDougald requested the appointment of Keith Peterson to the Economic Development Committee for the dur- ation of his council term, and Jim Gardner be:appointed to the Board of Adjustment for a five year term. Council- man Bonser made the motion to accept the Mayor's appoint- ments, seconded by Councilman Barker, and was passed unan- imously. Light M Concerned Parents Association Swim Center Beautification Pro-' ject Water Research Pro- ject Appointments Mr. Ray, Walker and Jay Bell, representing Utah Power and Light were present for the purpose of renewing their franchise with the City of Moab. There was some discussion regarding customer deposits and the Council was satisfied with their deposit procedures. Councilman Bonser made the motion to adopt a 33 year franchise with Utah Power and Light with the addition to Section II that the Grantee would absorb all costs incurred due to underground instal- lations. This was agreeable with Mr. Walker, the motion was seconded by Councilman Peterson, and carried unanimous - Mr. Walker was to meet with Mayor McDougald the next morning for signatures. C'7 Councilman Peterson also made the request that Utah Power and Light request funds in their forthcoming budget U to improve the appearance of the fence around their storage V yard which faces the City Park. Brenda Griswold expressed her dissatisfaction with the paving work being done on Special Improvement District N4. She had submitted a bid on the project and felt the ela- borate bid specifications were not being adhered to. The Council assured her that the specifications would be met by the contractor awarded the bid before he was released and paid for the project. Lynn Leech, President, and Janet Hollingsworth, re- presenting the newly Concerned Parents Association, re- quested the City's support in a "Helping Hands" project to which Councilman Barker made a motion, it was seconded by Councilman Tomsic, and passed unanimously. Councilman Jacobs offered to attend their next meeting and Mrs. Leech said she would notify him of the date and time. Mayor McDougald announced that the City had received a $17,500 grant from the Governor for renovation of the Moab Swimming Pool. Mr. James L. West, representing the Chamber of Commerc presented the Council with a petition signed by their Board of Directors requesting that Section 16:8-10 of the Moab City Ordinance be rigidly and actively enforced for the beautification of the City of Moab. Councilman Peter- son said steps were being taken to reenact this program by the City Council and the Chamber of Commerce. A com- mittee would be formed to designate problem areas, and an inspector would be elected to enforce clean-up activities. Mr. Dave May requested the Council's support by letter of funds available for a water research project, the Can.:. yonlands National Park being the main target of the study. The end result would be identification of water bearing strata as to quantity and quality. Mayor McDougald asked him to furnish information needed to construct the request in the form of a resolution. Councilman Barker made the motion that the Mayor support this program in writing to the Federal Office of Water Research and Development, Coun- cilman Bonser seconded, and it carried unanimously. Mayor McDougald requested the appointment of Keith Peterson to the Economic Development Committee for the dur- ation of his council term, and Jim Gardner beAppointed to the Board of Adjustment for a five year term. Council- man Bonser made the motion to accept the Mayor's appoint- ments, seconded by Councilman Barker, and was passed unan- imously. Utah Power & Light Fence Improvements Special Improve- ment District N4 Concerned Parents Association Swim Center Beautification Pro- ject Water Research Pro- ject Appointments 256 Utah Gas A letter from the Chamber of Commerce was presented Service to the Council requesting they propose to the Public Ser- vice Commission a $40.00 maximum natural gas customer deposit by the Utah Gas Service Co. The council was in favor and also agreed to request in their proposal a de- posit refund be made to customers after one year of timely payments, and recommend bills be due and payable 15 days from date of billing rather than the 30 day time limit now being practised. Special Improvement Councilman Tomsic reported that she contacted the District $4 State Inspector, Mr. C. Peterson on January 5, 1977, regard- ing council's decision to request a concrete test on ce- ment work done by Mark's Concrete in Special Improvement District B4. After several referrals, a letter was mailed to Mr. James L. Deaton, D.E., District Director of the Utah Department of Transportation by City Administrator Bretzke requesting the evaluation of core samples from said concrete work and receipt of a cooperative agreement for the City to sign. That agreement had not yet been re- ceived. Office for FBI agent Illegal fence Safer Off -System Road Program Spraying program Fire District Open ditch at 5th West St. Approval of var- iance 4A well repair Councilman Tomsic attended a County Commission meeting and informed them that the City did not have any available office space for an F. B. I. agent, nor for the County Health Nurse. She suggested they contact the BLM or the other federal office buildings in the area. Councilman Tomsic also inquired on the progress of the illegal fence constructed by Kim Robertson. In the process of moving, Attorney Ruggeri misplaced City Administrator Bretzke's letter requesting legal action. Duplicates would be delivered to Attorney Ruggeri the next day. It was agreed that Mayor McDougald, City Administrator Bretzke, and City Engineer Keogh would attend the Safer Off -System Road program meeting to be held January 20, 1977. The tent caterpillar spraying program was discussed, but no action was taken. It was agreed consultation was needed with an expert. Councilman Jacobs said he didn't see how the City could afford the purchase of a sprayer be- cause the revenue sharing funds are tied up for priorities. The clean-up program will require a street sweeper; the city needs a sewer cleaner; and two and one-half miles of water line have to be installed. Finally, it was decided to pre- pare a tree spraying program and present it to the county for their suggestions and assistance. Councilman Jacobs and Councilman Peterson strongly agreed that the City could not contribute any more funds to the Fire District. City Engineer Keogh advised the Council of a woman who had recently purchased a lot on Fifth West Street with an open ditch across the front of the lot which prevents access to her property. Moab Irrigation would not help her, but did not object to a culvert being installed, and she wanted to know if the City could help her. The council agreed that the problem would have to be resolved at the expense of the property owner. City Engineer Keogh also requested the council's approval of a variance to the Lucas Subdivision prelimi- nary plat accepted by the Planning Commission approving a 50 foot right-of-way. The best they can get is slightly less than 50 feet, but more than 49 feet. Council approved the request. Superintendent Day advised the Council that the 4A Well needs to be pulled and repaired and was given permis- sion to proceed immediately. The bills were approved as presented on a motion made by Councilman Tomsic, seconded by Councilman Barker, and passed unanimously. The meeting was adjourned at 11;00 P.M. on a motion made by Councilman Barker, seconded by Councilman Jacobs, and carried unanimously. 257 ATTESA: avid J. B,y Recorder Wm. Dean McDougalMayo Hyatt of the tatipulana, 121 Ent Contsr Street MOAB, UTAH t1532 Ref. No. CA-77-168 TO. City Council FROM. David J. Bretzke SUBJECT. Memorandum DATE: February 14, 1977 1. Enclosed is a copy of the February 1, 1977 Council minutes, as reviewed by Harold Jacobs. He has indicated at previous meetings that the minutes were too long. He made the corrections on the enclosed minutes, by de- leting words or phrases in parenthesis, or crossed out. Other than retype them after his corrections, perhaps the other council members would like to make additional additions, deletions, or corrections on this copy prior to Tuesdays council meeting. 2. The Kim Robertson Fence Case. I was called upstairs to the court room Friday afternoon to meet with Judge Crist and Kim and Ron Robertson. The ? sheriff was also present. Mr. Robertson pleaded guilty to a charge of violation of Section 21-14 (b) which prohibits fencing within right-of- way public streets or sidewalks. After a considerable amount of discussion between parties, the judge ordered Mr. Robertson to remove his fence so that it is at least five feet from the curb on either side property line, and that no fence would be permitted across the front parallel with the street. Mr. Robertson was given ten days from date of the hearing to remove the fence. At the hearing Mr. Robertson gave me a list of 47 alleged fence violations within the city. After the hearing Mr. Kim Robertson came to my office and wanted me to proceed with enforcing the fence ordinance on this list of alleged violators. I told him if he wanted to make a complaint he should send me a signed letter spelling out what his complaint is, and that he could bring such a letter to the city council meeting. ,I Employee Holidays. Last week I send a letter to some of the various agencies in Moab requesting information as to which holidays their agency will observe within 1977. I will have the results of this by next meeting Meanwhile, II ! recommend that we observe Monday, February 21, 1977, which is President's Da j; y I have mailed a letter to James L. Deaton requesting that their agency install one hour time parking signs on Main Street, and a supplemental letter requesting them to study the parking in front of the Ramada Inn on South Main Street. CY7 dt" M Q U C) AMA Memorandum to Council February 14, 1977 Page Two 5 We received a quotation from Pacific States this past week via Art Maxwell indicating the cost of 13,150 feet of Ductile iron pipe, plus bends, reducer, and valves to install the water line to the Corbin Well at approxi- mately $142,482.65 for the material only. I have since asked Mr Maxwell to determine other types of pipe which may be used on this water line 6 We have placed an ad in the Times Independent regarding the dog ordinance enforcement, etc , which will run a total of three weeks, and also notified the public of a rabies clinic to be held Saturday, February 26, 1977. 7. We have advertised for bids and mailed specifications to five different pool companies in Salt Lake City requesting bids from them to be opened Friday, February 25, 1977, for awarding by the council on March 1, 1977. 8. Enclosed is a letter from the Vernal Chamber of Commerce with their recom- mendations for deposits adressed to the Public Service Commission. 9. I received a letter from Richard C. Hansen, Assistant Director with the Bureau of Water Quality, approving Well #9 by his department. 10. Attached is a letter from the International Conference of Building Officials which may be of interest to you. It is my recommendation that the city join 1 this association at an annual cost of $60.00 which entitles the city to excellent services from their agency. 11. Patricia Badger was employed effective today as a clerk typist at $2.5o per hour in the administration department under the direction of Maxine Smith. This girl replaces Connie Sheffer who resigned November 16, 1976. 2. The Shade Tree Committee met on February 10,.1977 to discuss various programs. Enclosed is a letter from Spanish Fork Flying Service regarding spraying for tent caterpillars. Richard Buehler and Dave May are to work with Jim Stevens, extension agent from Monticello, to map an area to be sprayed. I will send the map to Spanish Fork Flying Service. Karla Hancock will write positive news releases regarding the spraying, and it is the recommendation of the Shade Tree Committee that the city and county proceed with the spraying. Mr. Leo Burr, county commission chairman, concurs with this recommendation. I will check with this flying service to determine whether this fee includes the cost of the insecticide. Mr Marvin Johnson from UIPA will be in town to start interviewing indivi- dual employees Tuesday, February 15, 1977. He will start with the administra- tive department. Sludge at Wastewater Treatment Plant. Due to the fact that we are having numerous requests by individual citizens for sludge at the sewer plant, it is recommended that we restrict use of sludge to city parks and the golf course only, and occasionally an employee of the city if they can do it Reminder U.S. Department of the Interior, Service, meeting ThursdaY, February 17, 1977, at 1:00 P.M. in without any inconvenience to Joe Severns. Jational Park the counpc Gm February 1, 1977 A regular meeting of the Moab City Council was called Regular meeting to order in the Council Chambers at 8:07 P.M. by Mayor Wm. Dean McDougald. Councilmen present were Dixie Barker, Attendance Jerry Bonser, Harold Jacobs, and Marge Tomsic. Councilman Keith Peterson was out of town. Also present were City Administrator Dave Bretzke, City Attorney Ruggeri, City Engineer Keogh, Street -Water -Sewer Superintendetn Lynn Day, City Building Inspector Cecil Shaffer, and Karen Mitchell. Mr. and Mrs. James A Wiseman and Miss Darlene Walker were in the audience. G'7 d The minutes of the regular City Council meeting held Minutes approved Q January 18, 1977, were approved and passed unanimously on a motion made by Councilman Barker, and seconded by Coun- t/ ci mT an Bonser. The minutes of the special City Council meeting held Minutes approved January 25, 1977, were approved on a motion made by Coun- cilman Bonser, and seconded by Councilman Barker. Council- man Tomsic abstained from voting due to her absence of the special meeting, and the motion carried with the three remaining councilmen. Councilman Jacobs made the motion to adopt Resolution Resolution 1-77 1-77 regarding restricted parking, —Councilman Tomsic secon- adopted ded, and was passed unanimously. Ref. No. CA-77-130 TO City Council FROM. David J Bretzke SUBJECT* Resolution 1-77 DATE. January 25, 1977 The adoption of the attached Resolution 1-77 is necessary to allow the Utah Department of Transportation to properly post signs on Main Street. They indicated that an ordlnance or resolution must be forwarded on to them along with our request for parking limit signs. The City will be responsible for placing signs on Center and First South Streets. If there ever was such a resolution adopted, we couldn't find It. DJB:km NOW THEREFORE, BE IT RESOLVED, that the city council of the City of Moab hereby authorizes the Police De- partment to enforce restricted parking on the follow- ing streets, one hour parking limit from 9:00 A.M. to solution 1-77 i 7 e ruary 7 1977 C� 4:14 �tes .`app A U U lular meeting RESOLUTION 1-77 WHEREAS, the City of Moab has adopted The Code of The City of Moab, Utah, wherein the General Ordinances of the City are Codified, Published by Order of the City Council, 196S, as amended; and Whereas, Chapter 14, Motor Vehicle and Traffic defines Section 14-38, parking in restricted zones as follows: "It shall be unlawful for the owner or operator of a motor vehicle to park or leave such vehicle in any restricted area for a longer time or in a manner which is contrary to rules and regula- tions which may be passed by resolution of the city council from time to time;" and WHEREAS, said Section 14-38, Moab City Code, allows the City Council to determine rules and regulations to restrict parking by resolution of the city council from time to time; and WHEREAS, since the elimination of parking meters on certain streets has necessitated restricting parking times in lieu of; NOW THEREFORE, BE IT RESOLVEDi that the city council of the City of Moab hereby authorizes the Police De- partment to enforce restricted parking on the follow- ing streets, one hour parking limit from 9:00 A.M. to 4 jon 1-77 Ptee 7 Resolution 1-77 2,58 Curbs on Main St. Utah Power & Light Water connections Council to review ordinances Dog licensing Street cleaning Helen Tranter ap- pointed to Board of Adjustment U. S. Department of the Interior Beer license grant ed Nielsen, Maxwell & Wangsgard 6:00 P.M. Monday through Friday, to wit: 1. Main Street, State Highway 163, from First North to First South, both sides of street. 2. Center Street, from First East to one-half block west of Main Street, both sides of street. 3. North side of West First South from South Main to one-half block west of South Main Street. Said restricted parking shall be appropriately marked by proper signs in compliance with the Manual on Un- iform Traffic Control Devices For Streets and High- ways, i971 Edition. The council discussed the need for curb being painted in front of the Ramada Inn, the Poplar Place, and the Hitch-N-Post to eliminate hazardous parking conditions however, permission to paint on Main Street must be ob- tained from the Utah Department of Transportation. Utah Power and Light Company discovered they had not been billing the city for all of the street lights there- fore, a new street lighting agreement was adopted on a motion made by Councilman Bonser, seconded by Councilman Barr, and passed unanimously. Outside water connection applications by Darrell Hunter, Lynn A. Holyoak, and Clifford Jenkins were considered by council and it was determined that the pressure would have to be checked. The council passed unanimously a motion made by Coun- cilman Tomsic, and seconded by Councilman Barker, to meet one night a month to review the city ordinances. Mr. Jim Wiseman petitioned the council on two sub- jects. First, that the dog ordinance be enforced and Councilman Bonser made the motion that a legal notice be published stating dog licenses are for sale and due by the end of February, 1977, and the city would enforce the ordinance in an orderly manner. The motion was seconded by Councilman Barker, and passed unanimously. The notice will also be broadcast on the local radio and television stations. Mr. Wiseman also requested that the city streets be cleaned. He was advised the streets would be flushed by the end of March and would resume use of the street sweep- er as soon as the weather permitted. The council acknowledged Ray Branscom's letter of resignation from the Board of Adjustment. Mayor McDougald accepted Mr. Wiseman's recommendation to appoint Mrs. Helen Tranter to the position upon her decision to ac- cept after attending the next meeting. If she accepts the position, her term will expire January 1, 1981. This was put in form of a motion by Councilman Bonser, seconded by Councilman Barker, a�passed unanimously. Council was invited to attend a meeting of the U. S. Department of the Interior, National Park Service, Thursday, February 17, 1977, at 1:00 P.M. in the Council Chambers. The Greenwell Restaurant was granted a retail beer license petitioned by Mr. Sam L. Oliveto, Proprietor. The motion was made by Councilman Bonser, seconded by Councilman Jacobs, and passed unanimously. The decision to conduct a study recommended by the consulting engineer firm, Neilsen, Maxwell and Wangsgard, to bring the wastewater treatment plant up to standards was tabled until further information was received from the engineers. Council was advised that as soon as specifications were received from Nielsen, Maxwell and Wangsgard, on the Corb.r Well, bid invitations could be prepared Council- man Bonser suggested bidding the labor, and buying the materials. Nielsen, Max-2 g well & Wangsgar 01 00 Q V C.� The council was asked to support the Mill Creek Pro- ject in writing addressed to the Grand County Water Conser- vance District Council was informed of a Shade Tree Committee meeting held February 1, 1977, and there would be another meeting February 10, 1977. They were going to check into the possibility of renting a helicopter for the tree spraying primarily in the parks and along the creeks, and also the type of pesticide designed for caterpillars only Councilman Jacobs announced, and invited the council, of a meeting being held February 9, 1977, in the Council Chambers regarding proposed Sanitary Landfill Sites from a study conducted by the Bureau of Land Management. Cater- pillar was going to show a film on cut and fill. There was also some discussion regarding the need of an efficient purchasing system whereby municipal agencie would have to receive approval from the city administration before making purchases. Councilman Tomsic presented a prepared list of 1977 Holidays for approval by the council however, was tabled until holidays could be compared with the county. City Attorney Ruggeri indicated that the fence com- plaint against Kim Robertson is being prepared for court action. The city council asked the administrator to advise the police chief to ticket the ore trucks parked in front of the Manson residence on Fourth East Street in that they exceed the one ton limit ordinance. The bills were approved with the addition of an in- Bills approved voice from Engstrom Construction in the amount of $3,718.48 and a reimbursement to the city from the administrator in the amount of $25.00. The motion was made by Councilman Bonser, seconded by Councilman Darker, and passed unanim- ously. It was suggested that the city crew pull the pump on 4-A Well the 4-A Well, order the parts needed, and rebuild, rather than wait until Horace Beeman could perform the work. Mr. Kenward H McKinney and his replacement, Mark Page, were present to review the city's water rights and applications with the council. Mr. McKinney's last day with the State Engineer's office in Price, Utah is Feb- ruary 9, 1977, and he wanted to be sure everything was in order before his departure. The meeting adjourned at 11.10 P.M. by mutual consent. Adjournment Mill Creek Project Shade Tree Committee meeting Sanitary Landfill Purchases )t7ST • David J. eetzkeCorder TO. FROM SUBJECT: DATE: Wm. Dean Ref. No. CA-77-173 City Council David J Bretzke Lucas Subdivision February 15, 1977 cDougald Holidays Fence complaint Ticket ore trucks Kenward H. McKinney Mayor Mr !Gary Lucas will be presenting a final plat of a subdivision on Second 1lorth Street at tonights council meeting T kn anninq connlssion reviewed this final plat at their meeting held DecembEr 16, 1976, a copy of which is attached Mr. Lucas has not obtained a 50' right-of-way from First West Street to the Subdivision The council had agreed to allow him to obtain a right-of-way of approximately 49','. Section 22-31 and Section 22-32 of the City Code state that before approval and acceptance of the final plat, and in lieu of actual installation of improvements provided by the code, that the subdivider must guarantee the installation of the utilities and street improvements by one of the methods specified dS follows• (1) The subdivider may furnish and file with the city council a bond with corporate surety in an amount equal to one and one-half times the cost of the Improvements not previously installed as determined by the city engineer to assure the lnstallati on of such improvements within a two year period or, if otherwise provided by the city council, a shorter or longer period. The bond shall be approved by the city council and the city attorney, or (2) The subdivider may deposit in escrow with an escrow holder approved by the city council an amount of money equal to one and one-half times the cost of the improvements not then Installed as estimated by the city engineer, as aforesaid, under an escrow agreement to assure the installation of such improvements within a two year period or, if otherwise provided by the city council, a shorter or longer period The escrow agreement aforesaid shall be approved by the city council and city attorney and shall be filed with the city c0un611. feting 260 Minutes tabled _1_ Rezoning ORDINANCE NO. 2-77 AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1965. AS AMENDED, RELATING TO THE OFFICIAL ZONING MAP Beer lici UIPA Holiday 1 Mobile He Sludge Lucas Subdivisio istrator Dave Bretzke, City Attorney Hank Ruggeri, Street/ Water/Sewer Supt. Lynn Day, City Engineer Keogh, City Building Inspector Cecil Shaffer, and Karen Mitchell. Citizens present were Jim Wiseman, Dee Tranter, Cecil Thomson, Charles Foose-Holiday Haven Mobile Home Park manager and Attorney Harry Snow, Marvin Johnson of UIPA and two of his assistants, Gary Lucas, D. G. Inskip-Spy- kerman, Les Erbes, Dave May, Deputy Sheriff Lynn Izatt, and County Attorney Bill Benge. A motion was made by Councilman Barker, and seconded by Councilman Tomsic, to approve the edited minutes of the regular Moab City Council meeting of February 1, 1977, however the motion was tabled until the next council meet- ing at Mayor McDougals's request until theywere, put in final form. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 27-5-2 of the Ordinance of Moab City, 1965, as amended, relating to the offical zoning map of the City of Moab, be, and the same is, hereby amended by the addition of the following: "(H) The following described real property zoned R-2, Residential Zone, is hereby rezoned as C-2, Commercial Zone. A 100 foot by 90 foot tract of land in Section 7, T26S, R22E, SLUM, Grand County, Utah, beginning at a ;" rebar at a chair link fence on the West side of Mill Creek Drive which bears North 884.5 feet and West 1270.9 feet from,the East 1/4 Corner, '•-Section 7, T26S, R22E, SLB&M and proceeding thence S69°45' West 99 feet; thence N29°50' West 100 feet; thence N69°45' East 90 «,.Feet and thence S29°50' East 100 feet to point of beginning." "(I) The following described real property'zoned R-2, Residential Zone, is hereby rezoned as R-4, Residential Zone. Beginning at a fence post on a chain link.: fence which bears 231.8 feet North and 2454.6 feet West of the East 1/4 Corner of Section 7, T26S, R22E, SLB&M and proceeding thence N83°46' West, 412.0 feet; thence N19009' West, 405.1 feet; thence S83°46' East, 405.1 feet; thence S19°09' East, 368.5 feet; thenoaS28°16' East, 39.4 feet to the point of beginning." Passed by the unanimous vote of all members present of the City Counc of the City of Moab, Utah, this 15th day of February, 1977. / sludge from the wastewater treatment plant for municipal purposes only, and was seconded by Councilman.Barker. The motion failed with Councilmen Barker and Tomsic voting for, and Councilmen Bonser, Jacobs and Peterson against. An amendment to the motion was made by Councilman Jacobs that -a resolutionbe drawn up stating the sludge would be restricted to municipal use and, in the case of a sur- plus, the public would be advised. Councilman Tomsic seconded the amended motion, and it carried unanimously. Gary Lucas, developer of the Lucas Subdivision requested the council's approval of his final plat for recording pur- pose to satisfy requirements for,FHA financing. However, his request was tabled on a motion made by Councilman Barker, seconded by Councilman Bonser, and passed unanimous- ly, Mr. Lucas was informed that the plat must show the following stipulations: All necessary improvements for a water system, sanitary sewer system, curbs and gutters, street pavement and sidewalks shall be financed by the pur- chaser or seller, not the City of Moab. Time Limit: The improvements shall be made and subdivision completed by February 15, 1979 or this plat shall be .resubmitted for approval. Council agreed to call a special meeting when '260 Mi nu`,te's 1 Rezoning Beer license UIPA Holiday Haven Mobile Home Park Sludge Lucas Subdlvisio An advertised combined public hearing of the Moab City Council and Planning Commission was held to consider rezoning request by KURA Station Manager, Dee Tranter. A request to spot zone a section of land located at 840 Mill Creek Drive to house a new office building for the radio station from R-2 to C-2 was approved, as recommended by the Planning Commission, on a motion made by Councilman Bonser, seconded by Councilman Tomsic, and the motion carried unanimously. Councilman Barker abstained from discussion and voting due to conflicting interest. A related zoning change of the Lance Pear Orchard from R-2 to R-4 was also approved in the same motion which is the future site of the radio station antennae system. A motion passed unanimously made by Councilman Tomsic, and seconded by Councilman Barker, to grant the Golden Stake Restaurant a Class II retail beer license. Mr. Marvin Johnson of the UIPA gave a brief progress report on the personnel analysis being conducted by this agency. There was a lengthy discussion regarding a sanitary sewer route to serve the proposed Thomson, Charles Foose, manager of Holiday Haven Mobile Home Park, and Attorney Harry Snow representing the owner of the park, Mr. Steven Lisle. Councilman Barker made a motion to postpone any condemnation procedures to allow the parties to work out a solution, and was seconded by Councilman Tomsic. Coun- cilman Peterson amended the motion to postpone their de- cision until they made an on -site inspection the next day, February, 16, 1977, at 10:00 A.M. The amended motion was seconded by Gouncilman Bonser, and passed unanimously. Mr. Snow requested that he be informed of the council's decision. Councilman Tomsic made a motion to restrict the use of sludge from the wastewater treatment plant for municipal purposes only, and was seconded by Councilman,Barker. The motion failed with Councilmen Barker and Tomsic voting for, and Councilmen Bonser, Jacobs and Peterson against. An amendment to the motion was made by Councilman Jacobs that a resolution be drawn up stating the sludge would be restricted to municipal use and, in the case of a sur- plus, the public would be advised. Councilman Tomsic seconded the amended motion, and it carried unanimously. Gary Lucas, developer of the Lucas Subdivision requested the council's approval of his final plat for recording pur- pose to satisfy requirements for,FHA financing. However, his request was tabled on a motion made -by Councilman Barker, seconded by Councilman Bonser, and passed unanimous- Mr. Lucas was informed that the plat must show the following stipulations: All necessary improvements for a water system, sanitary sewer system, curbs and gutters, street pavement and sidewalks shall be financed by the pur- chaser or seller, not the City of Moab. Time Limit: The improvements shall be made and subdivision completed by February 15, 1979 or this plat shall be resubmitted for approval. Council agreed to call a special meeting when these requirements were met: 261 A request for a cabaret license by D. G. Spykerman Cabaret license of the Poplar Place was tabled until 10:00 A.M. the following morning to allow the administrator to see if the building met fire and building requirements. This was put into motion by .Councilman Barker, seconded by Councilman Bonser, and passed unanimously. Dave May advised the council that the Rotary Interact Club had agreed to assist with the clean-up campaign. The administrator said that the city had 85 fifty pound bags of ammonium nitrate and 420 eighty pound bags of ammonium sulfate fertilizer. The council said the city could furnish the golf course with their request for fifteen tons. All agencies but the golf course are charge8 for city fertilizer, and it was determined that we had sufficient quantities until fall. Administrator Bretzke advised the council of a request Parking Mobile made by Art Manzanares, and backed with a petition signed Home by neighbors, to park his mobile home on his parents re- sidential lot. It was determined that this would be in violation of the ordinance. Mayor McDougald signed a General Revenue Sharing State- ment of Assurances for Entitlement Period Eight in the amount of $69,685.00, for the period from January 1, 1977 to September 30, 1977. Council agreed to submit a recommended north -south highway route through the Bookcliff area in answer to the Utah Department of Transportation's request. A meeting was scheduled at Councilman Jacob's request between the City Council, City Engineer Keogh, BLM Supt. Gene Day, and the County Commissioners for 8:00 P.M., February 22, 1977, concerning the sanitary landfill. Councilman Jacobs requested number one priority be given to the city water needs and getting the Corbin Well tied into the system. It was decided ductile iron pipe would be too expensive and will look to other types of pipe for preparation of bid specifications. Administrator Bretzke summarized his memo to the ( Memo council which covered the past two weeks activities. City Attorney Ruggeri advised that Judge Crist had ordered Mr. Kim Robertson to set his fence back five feet from the curb, which still did not meet the requirements. Council suggested that Judge Grist be instructed to enforce the city ordinances. Councilman Peterson reported that the clean-up pro- gram is underway and members of the Interact Club would perform the work under the supervision of Rotarians. He said the Girl Scouts were also interested in helping. Property owners receiving the clean-up services will be billed and proceeds will be donated to the Interact Club. Superintendent Day said he was going to pull No. 4-A ' Well pump at the golf course this week. Mayor McDougald suggested to City Attorney Ruggeri the possibility of comdemnation proceedings of the Skakel Spring for culinary purposes if Tenneco doesn't come to terms with the city right away. Attorney Ruggeri advised he could get an order of occupancy within ten days and Councilman Jacobs said he would check into the cost of a pump should this action be necessary. Rotary Interact Fertilizer The bills were approved on a motion made by Councilman Tomsic, seconded by Councilman Peterson, and passed un- animously. General Revenue Sharing State- ment of Assurances. Utah Department of Transportation Sanitary Landfill Corbin Well Kim Robertson's fence Interact clean-up program 4-A Well Skakel Springs Bills approved Z 6 2Adjournment Councilman Jacobs moved for adjournment at 11 15 P M the motion was seconded by Councilman Peterson, and passed unanimously Wm Crean McDougall, ayar Special meeting i zL , Ci Rec 6rJ)<tzkeorder February 16, 1977 A special adjourned meeting of the Moab City Coun- cil was called to order by Mayor Wm Dean McDougald at the Holiday Haven Mobile Home Park at 10 00 A M on Wednesday, February 16, 1977 All council members were present, plus City Engineer Keogh, City Administrator bretzke, and the manager of the Holiday Haven Mobile Home Park, Mr Charles loose Holiday Haven Mo- Councilman Barker made the motion, seconded by Council - bile Home Park man Tomsic, that the city proceed with condemnation pro - easement ceedings for a ten foot easement immediately west of the Holdday Haven Mobile Home Park property line running from the north side of the Thomson Subdivision running nor- therly to Fourth North Street Cost of condemnation, and any purchase of easement, to be borne by the developer, C S Thomson. The motion was amended by Councilman Jacobs, seconded by Councilman Tomsic, that the developer try to obtain this easement within thirty days by ex- ploring all avenues, and that the city would also assist in contacting the property owners involved. The motion and the amendment were approved. Outside water A motion was made by Councilman bonser, seconded by hookups Councilman Tomsic, that all outside water hookups be cur- tailed as of this date, and no further applications would be accepted by the city except those in process The motion was approved Cabaret license , Councilman Barker made a motion, seconded by Council - denied man Tomsic, that the city deny the request fora cabaret license at the Poplar Place due to the fact that the building does not comply with fire and building code requirements, and has inadequate parking facilities The motion carried by Councilmen Barker, Jacobs, Peter- son, and Tomsic, and Councilman Bonser voted against the motion. Adjournment The meeting adjourned at 10.45 A MM Wm. Dean mcDougald ATTEST u David) 6retty ecorder 121 Er1 Cenlam trail MOAN. UTAH 14532 Ref. No. CGA-77-192 TO. City Council From: David J. Dretzke subject: Memorandum Date: February 28, 1977 1. Recently r sent a -letter to the council from Art Maxwell regarding 75t Eluding from EPA for facility planning of Mob's wastedater treatment plant in relationship to Spanish Valley Water and Sever District. Last week I received information from U.S. Environmental Protection Agency of Denver regarding the city's Natural Pollutant Discharge Elimination System (NIDFS) discharge permits pnhi,e notice. I have sent a copy to Dill Luce for his recamnnidation, and it would seem the logical thing for the city at this time is to set up a special meeting of the council to meet with a representative of the State Division of Health, the Salt lake City office of Water Pollution Control Administration, and Dill lire of Nielsen, Maxwell and Nangsgard. The purpose of such a meeting would be to inform the city council of recent changes in the Federal Water Pollution Control Act. I would suggest that this meeting be held either !arch 22, or March 29, 1977 (See attached letter from Hill Luce.) 2 I received a call from lee ArQuivey of the Corps of Engineers last Friday, February 25th. He said that the Emergency Bank Protection Application for Mill Creek at the high school has been approved by his office and the Sacramento office. The application has been sent back to Washington, D C. for approval He also stated that plans were still in the works for the long range plan to improve Mill Creek from powerhouse Drive to Fifth West street The only requirement the city would have to meet on this proleet would be to acquire right-of-way easements, and relocate any existing utility lines (sewer and water) within the work project The city would have to add, at its expense, a third box culvert channel on Third South Street The channel would be concrete lined from the high school to Main Street 3. The bids on renovation of swimming pool. The Department of Natural Resources approved a grant of $17,500 for swimming pool renovation We received ton bids last Friday. One from Rocky M7Untaln Pools! Inc. In the amount of *19,750 00, and the other from Aguatech Pool a Patio in the amount of 517,382.00 My recommendation is that we award the bid to Aguatech, and they have assured we that they can complete the project by May 1, 1977. 4 Maxine Smith will go into the hospital Tuesday morning for an operation and is expected to be laid up from two to four weeks. Joanne Lash and Pat Badger are handling the Water Department snwthly in my opinion 2 [G,S V 2AdJournment Councilman Jacobs moved for adjournment at 11 15 P M the motion was seconded by Councilman Peterson, and passed unanimously. Sloe Hol bij eat Cal de Ad E - 11 -Yenruaiy-zei-17r, Page Two 5 Bids were sent out to four aerial spraying canpanies to obtain prices for the spraying of tent caterpillars. 1 reoammend that one employee in the city public works department be assigned the responsibility to work with an employee of the county, and to attend a one day work shop to be held on March 2, 1977, at Star Hall beginning at 9.00 A M and lasting M1 until 4.00 P M 'this is a private applicators pesticide training course. 6. Marvin Johnson from OIPA was down on February 15th and interviewed each city employee on the lob description analysis. 7 The Shade Tree Cannittee toured the old city Park on Thursday, February 17, one the ct mman of that crnmrttee, Karla Hancock, released a news item to the Times Independent which was published in last weeks paper a D. G Inskip-Spykerran was informed on February 18th that he must Install a second fire exit on the Second floor of the Poplar Place, and make available at least to off street parking places behind his building as a condition of receiving a cabaret license. ' 9. Approximately sixteen man hours were spent in preparation of the FYIT-4 j report (Equal Employment Opportunity Ca MISSIOn) to the Federal Government as a condition of our continuing to receive federal revenue sharing funds This is lust one of many surveys we are required by law to do, and it I doesn't get any better. r i Ie. Harold Jacobs is about to earnplete! the Slick lock Project and should be ( congratulated on Ills efforts. I have asked him to try to get additional } money for more dams. 1 11. Hanrnder of bid opening for contract for installing the Corbin well water € line will be Tuesday, March 15, 1977 at 9 00 P M f ) 12. Steve Moehl ann of the Division of Health called me Friday and has requested that Joe Severn and I go to Salt lake City on March 9th and loth to meet with EPA officials and State Health officials, and to tour a couple of waste- water treatment plants in the Salt Lake City area 13 Leah Ellis is in the process of acquiring the P & w Trailer Court and would like to aoguire a strip of land fronting on Fourth Fast Street that Is 25' wide and approximately 105' deep located in Block 1 I told her I would call this to the attention of the council and if you are interested in disposing of it, we would have to prepare the legal notice to advertise for sale (see attached map). , DJB km cc Joanne Lash Lynn Day John Keogh Joe Severn f4k,t)L.2 Sj z 6r • r Spe Hol bil ea: Ou he P Regular meeting Minutes approved r= , Mayor Wm, Dean McDougald called the regular meeting of the Moab City Council to order at 8:00 P.M. in the council chambers with Councilmen Dixie Barker, Jerry Bonser, Harold Jacobs, and Keith Peterson present. Coun- cilman Marge Tomsic, City Attorney R. H. Ruggeri, and Karen Mitchell were absent. Also present were City Ad- ministrator Dave Bretzke, City Engineer Keogh, and Street - Water -Sewer Superintendent Lynn Day. The minutes of the following city council meetings were approved on a motion by Councilman Barker, seconded by Councilman Bonser, and passed unanimously. Regular meeting of February 1, 1977, regular meeting of February 15, 1977; and, special meeting of February 16, 1977. 65 A motion was made by Councilman Barker, seconded by Councilman Tcobs and carried unanimously to postpone the bid opening on the pipe and materials for the Corbin Well water line until March 4, 1977, at 1:00 P.M. The swimming pool renovation project contract was Swimming Pool awarded to low bidder, Aquatech Pool & Patio Shoppe of Salt Lake City in the amount of $17,382.00 on a motion made by Councilman Bonser, seconded by Councilman Barker, and passed unanimously. The project is to be completed by May 1, 197/. The council took no action on requesting Phone Dir- Transient business ectories of Price, Utah, publishers of the Castle Country license & Canyonlands Phone Directory & Guide, to obtain a trans- ient business license. Mark Simmons, 528 South Walker, was present to peti- Retaining wall in tion the council's approval for the construction of a Simmons yard retaining wall in his front yard. Councilman Barker made the motion to table their decision until the city administrator, the city engineer and Councilman Jacobs d.+ made an on -site inspection. The motion was seconded M by Councilman Bonser, and passed unanimously. Q U Ken McDougald and Ev Schumaker of the Grand County Grand County Water V Water Conservancy District were present offering the city Conservancy Dist. a portion of 8 second feet of water west of Main Street from a newly drilled 41/2" well. They were willing to transfer water rights to Power House Drive Location. Af- ter a lengthy discussion Mayor McDougald suggested they come up with a curve and the council would consider their offer. Rodney Phillips was present requesting an outside water connection, however, the city council had set a moratorium on February 16, 1977. Mr. Phillips' appli- cation would be reviewed, and Councilman Jacobs and Sup- erintendent Day would check out the possibility of per- mitting him to put in a city meter. Roland Murphy asked what type of pipe was required in order to tap into the city water line. He was inform- ed that he should use PVC or CI pipe, and if he wants to annex to the city, CI water pipe should be installed. However, no connections would be permitted until the Cor-; bin Well was tied into the city water system. Ref. No. CA-77-172 TO City Council FROM- David J. Bretzke SUBJECT Thomson Subdivision DATE' February 15, 1977 Bid opening post- poned Water connection Water line In regard to the Cecil Thomson request for condemnation of property within -loliday Haven Mobile Home Park it would seem that the correct procedure to follow in this case would be to have the city write to Mr. Steven N Lisle, who llves in Phoenix, and explain to him the problem with the existing sanitary sewer line which runs under the trailers along the westerly side of the trailer park. Rdivi- ; on of We sent an agreement to Mr. Thomson on February 4, 1977, outlining the terms of utilizing this existing sewer main to service the Thomson Subdivision spray - The owner of the park would be required to remove and replace, at his sole expense, any mobile home and/or accessory structure located within said easement. The easement would be ten feet wide. Mr. Thomson told me that Mr. Lisle did t' not want to sign this agreement but did not object to him obtaining a ten foot easement immediately adjacent to the fence of the mobile home park and the gas line that runs parallel to the fence which is approximately nine feet from the Nested fence. It would seem to me that in order to condemn the property for an ease- ment, a fair market appraisal must be prepared and this amount would have to be paid to Mr. Lisle. I feel that Mr. Thomson should be responsible for payment of tieslegal work involved, as well as the market value of the easement, and he shailfl_also pay for the cost of the new sewer line that would be constructed in this right-of-way. All of this information should be discussed with Mr. Lisle 41 by letter' before pr ceeding with the request for condemnation F DJB km i Lw 1 by Councilman Bonser, and passed unanimously: Regular meeting , of February 1, 1977; regular meeting of February 15, 1977; and, special meeting of February 16, 1977. 263 G'7 Tr M G U U A motion was made by Councilman Barker, seconded by Bid opening post- Councilma-cobs and carried unanimously to postpone poned the bid opening on the pipe and materials for the Corbin Well water line until March 4, 1977, at 1:00 P.M. The swimming pool renovation project contract was Swimming Pool awarded to low bidder, Aquatech Pool & Patio Shoppe of Salt Lake City in the amount of $17,382.00 on a motion made by Councilman Bonser, seconded by Councilman Barker, and passed unanimously. The project is to be completed by May 1, 197/. The council took no action on requesting Phone Dir- Transient business ectories of Price, Utah, publishers of the Castle Country , license & Canyonlands Phone Directory & Guide, to obtain a trans- , ient business license. Mark Simmons, 528 South Walker, was present to peti- Retaining wall in tion the council's approval for the construction of a Simmons yard -'-4..,_wa]_1_1n_hi5front yard. Councilman Barker --��+�.+_untii_ the city Mr. Roy Ricks was present on behalf of Mrs. Anna Borreson, owner of the property surrounding the Holiday Haven Mobile Home Park, and advised they would try to work out a satisfactory agreement with the council re- garding the Cecil Thomson Subdivision sewer system. He suggested going down the middle of their strip of land which is 330' wide by 1100'= + long. City Administrator Bretzke reviewed his memorandum State Division of received by the councilmen in advance. He had recommended Health that the council meet with a State Division of Health representative and Bill Luce to learn of recent changes in the Federal Pollution Control Act and to reconsider applying for 75% funding from EPA for facility planning of the wastewater treatment plant. There was no action by the city council at this time. Emil Schocknmyer was appointed to work with a county employee in relation to the tent caterpillar spraying program, and to attend a one day work shop on March 2, 1977, a private applicators pesticide training course to be held at Star Hall. Mrs. Leah Ellis is interested in acquiring a strip Thomson Subdivi- sion Caterpillar spray- ing Ellis interested in land 26 of land fronting on Fourth East Street, 25' by 105', located in Block 1 which is next to the P & W Trailer Court she recently purchased. The council wanted to study the situation further Meeting with EPA and State Health officials New Street Sweeper Council approved City Administrator Bretzke and Joe Severns going to Salt Lake City March 9th and loth, 1977, for a meeting with EPA and State Health officials, and to tour some wastewater treatment plants in that area This was put into motion by Councilman Bonser, seconded by Councilman Barker, and passed unanimously. Councilman Peterson inquired about the prospect of a new street sweeper and Councilman Jacobs advised that there would be a demonstration this week or next Coun- cilman Bonser said Ouray, Colorado was interested in buying the old Vac -All, and Councilman Jacobs added that St George had also expressed interest. Curb to be painted Councilman Bonser again requested that the curb be painted in front of the Ramada Inn. City Administrator advised he was waiting for response from the Utah De- partment of Transportation regarding this request. Robertson fence It was reported that City Attorney Ruggeri had met violation with Judge Grist regarding the Robertson fence violation City Administrator Bretzke and Councilman Jacobs noted there were numerous fence violations in the city. Secretary for 1 Councilman Jacobs recommended hiring a secretary Building Inspector through CETA for Building Inspector Shaffer, and stated ' he was not in favor of combining the City and County Building Inspection Departments. Also recommended ex- panding City Engineer Keogh's office into the vacated Slick Rock Project office Landfill Bills Fume' ment Discussion on the landfill project determined that a site would be selected and proposed to the State. Coun- cilman Jacobs recommended fencing the existing domp, quit burning by July 1, and gradually close the old dump which should take two years at least. Council considered a schedule for days and hours of operation, eight hours prior to sundown, and closing on Mondays, turning over to the sanitation department, and establishing a garbage disposal district by the County. Will need the cooper- ation of the law enforcement for controlling the existing litter problem on the route to the dump. A letter would be addressed to the Police Chief ordering the enforce- ment of Moab City Ordinance Section 17-11. The council approved proposing the dump and salvage operation to Garth Tangren for $600.00 per month plus salvage, and loaning a city truck, tractor, and backhoe to the dump as needed. Superintendent Day agreed to help out in any way he could Councilman Bonser made the motion that the city council authorize the city administra of r, following the advise of Council Jacobs, to begin closing the dump, Councilman Barker seconded, and was passed unanimously. j Councilman Jacobs stated also that he was desirous of Bobby Hawks taking over and furnishing the equipment j under contract to take care of the cut and fill oper- ation. Mayor McDougald will write to the BLM requesting the site 13.5 miles south of Moab and that they conduct the environmental study. Copies would be mailed to Division of Health, the county commissioners, super- intendent Day, Gene Westwood Bobbi Domenick, Gene Day of the Bureau of Land Management, Peter L. Parry of the f National Park Service, and Bruce N. Kaliser of the -Utah Geological and Mineral Survey. Ref. No. CA-77-194 To: city Council Pram: David J. Bretzke Subject: Land fill site selection Date: March 1, 1977 The following people attended the luncheon and made the tour of the two land fill sites: Sam Taylor of the Tines Independent, Keith Peterson, Leo Burr, David Bretzke, Dixie Barker, Bill McDougald, Gene Westwood, Lynn Day, John Keogh, Del Backus of the BIM, and John Urbanek of the National Park Service. We toured area $5 which is the head of Spanish Valley, and area N2, the old 160 near the arches. These sites were from a list prepared by the Bureau of Land Management. L. i The 45 site is 13.5 miles south of the intersection of Center and Main Street. The last 1.2 idles is unimproved road. The second place we visited was area $2 which is 11 miles north of Center and Main, by going north where old Highway 160 cams onto Highway 163, and south of the Dead Horse turn off. The old 160 road would not'be conducive to heavy truck traffic. The committee unanimously agreed that area $5 was the first choice for the future land fill site. MB km 2 Ly 1 of land fronting on Fourth East Street, 25' by 105', located in Block 1 which is next to the P & W Trailer Court she recently purchased. The council wanted to study the situation further. Meeting with EPA and State Health officials New Street Sweeper i Curb to be painted Robertson fence violation Council approved City Administrator Bretzke and Joe Severns going to Salt Lake City March 9th and loth, 1977, for a meeting with EPA and State Health officials, and to tour some wastewater treatment plants in that area. This was put into motion by Councilman Bonser, seconded by Councilman Barker, and passed unanimously. Councilman Peterson inquired about the prospect of a new street sweeper and Councilman Jacobs advised that there would be a demonstration this week or next. Coun- cilman Bonser said Ouray, Colorado was interested in buying the old Vac -All, and Councilman Jacobs added that St. George had also expressed interest. Councilman Bonser again requested that the curb be painted in front of the Ramada Inn. City Administrator advised he was waiting for response from the Utah De- partment of Transportation regarding this request. It was reported that City Attorney Ruggeri had met with Judge Crist regarding the Robertson fence violation. City Administrator Bretzke and Councilman Jacobs noted there were numerous fence violations in the city. Secretary for Councilman Jacobs recommended hiring a secretary Building Inspector through CETA for Building Inspector Shaffer, and stated he was not in favor of combining the City and County Building Inspection Departments. Aicn rernmme...ana �•• Bills approved j The bills were approved as presented for payment on a motion by Councilman Jacobs, seconded by Councilman Peterson, and passed unanimously. Financial state- 1 Council requested receipt of final financial state- ment ments through January. M P.M The meeting was adjourned by Mayor McDougald at 11 20 -Adjournment 265 Wm lean McDougald M M C� v ATTE frt2f,/ David J Brft'zke, City Recorder March 4, 1977 A special meeting of the Moab City Council was called to order at 1 00 P M by Mayor Wm Dean McDougald in the city council chambers on the above date Those present were Councilmen Dixie Barker, Jerry 4onser, Harold Jacobs, Keith Peterson, City Administrator Dave Bretzke, Karen Mitchell, and Jack Paine of Grand Junction Pipe and Supply Company The purpose of the meeting was to award bids on 13,15i Bids feet of 12" culinary water pipe, alternate material, togeth r with necessary fittings and appurtenances for the Corbin Well Line Sealed bids were opened and tablulated, summar- ized as follows Complete Bids Crane Supply Co , Salt Lake City, Utah Mountain States Waterworks Co Salt Lake City, Utah E C Olsen Co. Salt Lake City, Utah Plumbers Supply Co Salt Lake City, Utah Waterworks Equipment Co Salt Lake City, Utah W R White Co Murray, Utah Incomplete Bids Combined Supply i Plastics Salt Lake City, Utah Grand Junction Pipe i Supply Co Grand Junction, Colorado $70,216 55 573,Oss 99 S76,424 55 575,349 39 SB0,916 30 $74,795 96 $75,865 2U $72,469.32 The contract was awarded to Crane Supply Company of Salt Lake City, low bidder, on a motion made by councilman Jacobs with the stipulation that the purchase order he held until delivery date was received by telegram, The motion was seconded by Councilman Barker, and passed un- mousl Meeting adjourned TTEST 1lr'I 'City Council David J. Bretzke elect Memorandum City'' ecorder ,11 121 Eri ew,lw i4r1 MOAB. UTAH ai522 Ref No CA-77-224 March 14, 1977 gal., ayor Bid Awarded Adjournment Mr Al Richens called me on March llth from the Utah Depaltment of Transportation office in Price He indicated that he had received-1 request from -Mr Paul Gilger to study a parking problem in front of the Ramada inn This request was in response to my letter to Mr Gilger recently Mr Richens indicated that they would get down to Moab this week sometime to investigate this matter Mr Richens also stated that the new federal Highway Administration now requires a red color for restricted parking on curbs instead of the yellow which has been In use for the past ten years or so Mr Richens said that Mr Jim Deaton suggested that we start using red the next time we paint. This is another boondoggle of the federal government in my opinion 2 Mark Simmons request for retaining wall at 5241 Walker Street. Please refer to the letter which I sent to the council this past week concerning this matter 3 Annual City Streets and County Roads School to be held in Moab. Utah on May 12th and 13th, 1,77 This meeting will be held in Star Hall and will require the city to prepare for sponsoring refreshment breaks on Thursday morning, Thursday afternoon, and Friday morning. They have also requested our cooperation in preparing for a luncheon for the men only, and a luncheon for ladies only on Thursday noon This would account for approxi- mately 200 men and 150 women They would also like us to prepare a cook Out for Thursday night, and some type of a cook out or picnic on Friday noon around 1 00 ► M. T have discussed thls matter with Mr. Bennie Schmidt, Executive Dins, and alo wth rector Jacobs le have askedague of tPlrs Jacobs and wto head ups stheiarrange- Ints danoon for the on havecontactedetheuChambermofdCommerce regarding pthis cevent,-land there are no other conventions scheduled in Moab On those dates t0 conflict with on olnlThursdaytion noon, andmhopekto9haveaarreport Tuesdayhave nightthe ontwo thisnmatter Report from City Administratoi Rretzke and Wastewater Treatment Piant Operator Joe 5everns concerning their attending the Wastewatei Plant Operations Course regarding "Laws" Mr Severns and T did not gain too much from the meeting Thursday given by the Utah Representative of EPA, Mr George Rice We did, however, obtain reasonable infoi motion ham Special Meeting i� t v The meeting was adjourned by Mayor McDougall at 11:2(f-Adjournment 265 Cr) M Q U U P.M. Wm. lean McDougald A/TTTTEESiT: David /� zke,k'lder March 4, 1977 A special meeting of the Moab City Council was called to order at 1:00 P.M. by Mayor Wm. Dean McDougald in the city council chambers on the above date. Those present were Councilmen Dixie Darker, Jerry Bonser,-Harold Jacobs, Keith Peterson, City Administrator Dave Bretzke, Karen Mitchell, and Jack Paine of Grand Junction Pipe and Supply Company. it -----',,,ls n 13,15 Special Meeting Bids made a complete tour of the Murray, Magna, and South Salt Lake City wastewater treatment plants. We were quite impressed with the South Salt Lake City plant, and the Murray plant, however, we had some reservation about the Magna treatment plant. While in Salt Lake city we visited Mr. Bennie Schmidt at the Utah League of Cities and Towns, and also had a a tour of the Nielsen, Maxwell i Wangsgard engineering offices conducted r by Mr. Bill Luce. Mr. Luce also spent time discussing the cities respon- - .—ibililles in meeting EPA pollution standards as of July 1, 1977. We feel that at the present time our plant will be in fairly good shape pending the outcome of our experience with the three recirculating pumps between the primary clarifier and the trickling filter. Mr. Luce has written to EPA asking them not to put any more pressure on us until we have had a better experience factor established on the use of these two reconditioned pumps. Mr. Severns indicated that he was going to increase the flow into the trickling filter and perhaps this should make some difference on our final monthly test results from Ford Chemical. The South Salt Lake city plant was a model for anyone to look at. It was well maintained and a very clean plant. I must compliment Joe Severns and Emil Schocknmmiyer on their housekeeping and maintenance of our local plant. I feel that they are doing an excellent job at keeping this plant up. We found out for sure that there isn't any two sewer plants constructed in the same manner anywhere in the United States, however, they all use the same principle of treatment, more or less. 5. Discussion of Walter Pugh regarding his apartment complex on Third South Street: Mr. Pugh will be in this week to obtaih a building permit for a four -unit apartment building immediately behind the Virginian Motel. His plans are to eventually contruct seven different buildings for a total of 28 apartment units. His access to this apartment complex will be Third South Street, with no improvements to be made on Second East Street. If you recall, Mr. Pugh was in to visit the council in July of 1976. At this time the council had discussed deeding one-half of the street right-of-way on Third South to him, and the other half to the property owner in the A -frame house on the corner of Third South and Second East. Also. in dedicating this right-of-way in this manner to these two property owners, the property owner in the A -frame home would take over the responsibility of maintaining Second East Street, and Mr. Pugh would extend the curb and gutter an additional 50' easterly to this existing paved street right-of-way. If this is the wishes of the city council, we will proceed in completing II1` this arrangement. 1 6. Mr. Charles Belson, who is planning on extending a water line to his property in Sinda Heights Subdivision outside the city limits: Mr. Nelson has been in contact with the city regarding this matter previously and he would like to install PVC water pipe to serve three lots he Owns in this subdivision. it is our understanding he would be tapping on to a line that VMS previously laid by Mrs. Bentley or Mrs. Key, from the Kentwood Trailer Sales. At this time the subdivision,where the Bentwood Trailer Sales was, is served by 6" water line and Mr. Nelson would have to extend this line approximately 300' to serve the residences he presently has under construction. i —1 The meeting was adjourned by Mayor McDougald at 11:2Adjournment 265 00 TJ4 00 U U P.M. Wm. jean McDougald ATTET. G David J. Bre, City Recorder March 4, 1977 A special meeting of the Moab City Council was called to order at 1:00 P.M. by Mayor Wm. Dean McDougald in the city council chambers on the above date. Those present ---- - . , v ^ - ,d ,---b- �Q 1 .6 I i r i"15; ,'I��i A regular meeting of the Moab City Council was called - to order at 8:00 P.M. by Mayor Wm. Dean McDougald in the Special Meeting Regular Meeting 266 Audience members Minutes approved Bids Bid Awarded Beer license grante Donations for fire- works Green fees council chambers. Councilmen present were Jerry Bonser, Harold Jacobs, Keith Peterson, and Marge Tomsic. Council- man Dixie Barker entered the meeting at 8:55 P.M. Also present were City Administrator Dave Bretzke, City Engineer Keogh, Street -Water -Sewer Superintendent Lynn Day, Police Chief Mel Daltori, Consulting Engineer Art Maxwell, and Karen Mitchell. City Attorney R. H. Ruggeri was absent. The audience was filled with contractors interested in the advertised bid opening, as well as Gary Lucas of Ogden, Utah, and local citizens Les Erbes, Jim Wiseman, Adrian Tay- lor, Connie Caouette, Jim West, Bill Hance, Glenn Bunce, Charles Nelson, A. C. Hartley, and City Auditor Ed Claus. The minutes of the regular city council meeting of March 1, 1977 were approved on a motion made by Jerry Bonser, sec- onded by Harold Jacobs, and passed unanimously. The advertised invitation for bids, and their opening, for the installation of the Corbin Well Water Line was con- ducted by Consulting Engineer Art Maxwell of Nielsen, Maxwell and Wangsgard. The sealed bids were received as follows in order of low bids: 1. Engineers Construction., Inc. Lindon, Utah 2. Johnasen Construction Co. Mt. Pleasant, Utah 3. Mtn. States Construction Co., S. L. C., Utah 4. Rael Plumbing & Heating, Odgen, Utah 5. K & P Plumbing & Heating Provo, Utah 6. Jay Tuft & Co., Sandy, Utah 7. Mr. Angle Construction., Richfield, Utah 8. Dunn Construction Co., Inc., Provo, Utah 9. Lloyd Bros. Construction Co., Heber, Utah 10. Canyonlands Construction Co., Inc. Moab, Utah $19,907.00 $22,546.08 $30,250.00 $31,960.00 $37,857.50 $38,375.00 $38,939.50 $51,194.00 $57,030.00 $59,850.00 ' After considerable study and review of the bids by Mr. Maxwell and City Engineer Keogh, it was their recommendation that the bid be awarded to Engineers Construction Co., Inc., 1n the amount of $19,907.00 of which the company had furnished a 5% Bid Bond. This was put to motion by Councilman Tomsic, seconded by Councilman Jacobs, and passed unanimously. The contractor advised he could begin construction as soon as the pipe arrived and would meet with the engineers to review the specifications before starting the Job. Marvin Sommerville dba LaHacienda Restaurant was granted a Type II Beer License on a motion by Councilman Bonser, se- conded by Councilman Tomiic, and passed unanimously. Jim Wiseman requested a donation of $400 from the city to be applied towards the purchase of fireworks to be held on Founder's Day, July 24, 1977, rather then July 4, 1977. Councilman Peterson made the motion to donate to the Chamber of Commerce $400 with the possibility of an additional $50 from the Community Relations Budget. This was seconded by Councilman Tomsic and passed by a vote of four to one. Coun- cilman Bonser was opposed as he felt the fireworks display should be held on the 4th of July. Mr. Wiseman said the to- tal cost for the fireworks is $930 and they anticipate a $400 donation from the county, and $150 from the Elks. Mr. Glenn Bunce of the Moab Country Club was present and the following green fees, were increased on a motion by Councilman Bonser, seconded by Councilman Jacobs, and car- ried with Councilman Tomsic voting against the increase re- quest: 9 holes, from $2.00 to $2.50; 18 holes, $3.50 to $4.00 Students, $1.00 to $1.50 on week days only; Single member- ship, $125 to $130 per year, Two persons membership, $150 to $180 per year; and, Family membership, $175 to $200 per year. Gary Lucas presented the final plat of the Lucas Sub- Lucas Subdivision division to the Mayor for the required signatures. The pla will be recorded as soon as a letter is received from Rober Dalton of First Security Bank verifying that Mr. Lucas has escrowed $33,168 from required subdivision improvements. Connie Caouette was given permission to construct a 4 foot brick wall around his front yard and four feet.back from the curb as required by Moab City Zoning Ordinance on a motion by Councilman Jacobs secGnded by Councilman Pet- erson and passed unanimously. The council was presented with a Petition by Charles N 1- petition to amend son with twelve signatures of (5 of which were local con- Sec. 26-59, Moab tractors) requesting that Sec. 26-59 of the Moab City Code, City Code 1965, as amended by changed to allow PVC pipe for culinary water pipes both inside and outside the City of Moab. Coun cil asked the recommendation of Consulting Engineer Art Max well and he suggested rewriting the code to allow pipe as r commended by the engineer and accepted by the council. May or McDougald asked Mr. Maxwell and City Engineer Keogh to G� write up acceptable specifications to meet with State Code d+ in order to change our ordinance, and Mr. Maxwell agree to 00 submit in writing his recommendations. R Mr. A. C. Hartley was advised by the council that sine Water meter U their was already a meter at his residence he only needed to pay the required water service deposit and the meter wou d be turned on. City Administrator Bretzke referred to his Memorandum to the council and gave a progress report on the Tent Cat- erpillar Spraying Program briefing them of responses re- ceived from spraying companies. Mr. Bretzke suggested con- tacging Mr. Reed Roberts, the State Entomoligist, regarding they type of spray we should use as the spraying companies had recommended several different kinds. (For text of Mr. Bretzke's memorandum, see the following pages.) It was clarified that the spraying would not take care of the bill bugs and money would have to be set asside for this program Mr. Bretzke was authorized by the council to proceed his in vestigation of various types of spray and costs of the pro- gram and to keep the Shade Tree Committee posted of develop ments. Councilman Barker said time is of the essence as spraying should be done by the middle of April. It was determined that it would be cheaper for the city to purchas the spray for the spraying company being exempt of sales tax. Permission to con- struct wall Tent Caterpillar Spraying Program City Auditor E. J. Claus was present and furnished the 1976-77 Audit councilman with a copy of the 1976-77 Audit which they agre d to review at a later date. It was determined by the council that Mr. Wm. D. Shel- Driveway deeded to ton of 125 East 3rd South should be deeded a driveway on Shelton First East and deed the other half of First East to Walter Pugh so it will be blocked off and maintained. The city would acquire and be responsible for maintenance of the wat er easement. Tentative arrangements were being made for the 26th An 26th Annual City nual City Streets and County Roads School to be held in Moa5treets and County on May 12 and 13, 1977, Councilman Barker said she would Roads School have the Chamber ofComnerce check into motel availability the following day. There was a lengthy discussion regarding the council's SEUAOG displeasure at Grand County's decision to withdraw their embership from SEUAOG without first consulting with the Ci y Council. Mayor McDougald furnished the council with a let- ter from Chris Jouflas also expressing his disappointment with the county's action. The Mayor stated he had received a call from County Commissioner Harvey Merrell the same day explaining their reasons for resigning, claiming they felt 268 Asphalt Seminar Police Chief Con- vention Bills approved Water Rate Increas Study Adjournment Special meeting Corps of Engineers they could receive the same benefits by Joining with San Juan County and hiring their own planner. Councilman Barker made a motion that a letter be written by the Mayor to the Grand County Commissioners, with a copy to Governor Matheson, advising them of the Moab City Council's displeasure at their discontinuing their membership without consultation, noting that a city councilman is on the Board of SEUAOG, and also that Moab City does not`wish to dissassociate from the AOG. Councilman Bonser seconded the motion, and it was passed un- animously. Engineer Keogh requested the city pay a portion of his traveling expenses to attend an Asphalt Seminar in Salt Lake City. Councilman Bonser made the motion that the city pay his mileage in the amount of $65.00, Councilman Barker seconded, and the motion carried. Councilman Jacobs felt the city s ou pay at east one night's lodging as the city would benefit from his attendance of the school. Councilman Peter- son made the motion to give him an additional $35.00, Coun- cilman Jacobs seconded, and was passed unanimously. Councilman Bonser requested, on behalf of Police Chief Mel Dalton, a $150.00 travel expense advance to attend the Police Chief Convention in St. George on March 24, 25, and 26, 1977. Councilman Barker put this request to motion, Coun- cilman Tomsic seconded, and was passed unanimously. Councilman Tomsic made the motion that the bills be ap- proved as presented for payment, Councilman Peterson second- ed, and was passed unanimously. City Auditor Claus said he was present for their conven- ience in case of questions regarding the Water Rate Increase Study prepared by City Administrator Bretzke. Councilman Jacobs said he would like to postpone it's review until they could study it further. Mayor McDougald scheduled a special meeting Tuesday, March 22nd, 1977, at 7:30 P.M. in the coun- cil chambers. Councilman Jacobs moved for adjournment at 10:30 P.M., Councilman Barker seconded, and the motion passed unanimously. ),.. 41k Dean McDougald ayor ATTEST: David J. Br,'z e, Ci, Recorder March 29, 1977 A special meeting of the Moab City Council was called to order at 8:30 P.M. by Mayor Wm. Dean McDougald in the coun- cil chambers. Present were Councilmen Dixie Barker, Keith Peterson, and Marge Tomsic, City Administrator Dave Bretzke, City Engineer Keogh, Street -Water -Sewer Superintendent Lynn Day, and Karen Mitchell. The special meeting was requested by the Grand County Water Conservancy District and members of that organization present were K. E. McDougald, Ev Schu- maker, Bill Hines and Betty Bowen. Ken McDougald explained that the Corps of Engineers would be in town April 7, 1977, regarding channel improvements, right of way for creek bottom, some needed work on the Third South bridge for which the Utah Department of Transportation may participate in funding. At this time the District will re- quest approval of the Mill Creek Dam Project consisting of a 100 surface acre lake with 2800 to 3000 acre feet of water storage, plus a multi -purpose line for culinary and agricul- tural uses. Water would flow from Mill Creek through the Shelley Tunnel. A gravity flow line would be installed to the present city line. The water would be used initially for agricultural use with an exchange of water from farm wells for culinary use by the city. The initial Mill Creek Dam Project was estimated to Mill Creek D;4 6 9 cost $3,000,000 which has increased to over $8,000,000, and Project the proposed newidam site would amount to approximately $3,000,000. The irrigation water would serve an additional 700 to 1000 acres of agrncultural lands. It was estimated that 1400 acre feet would be available for culinary purpose , 1000 of that amount for the city, and 400 to serve Spanish Valley. An acre foot of water should serve the needs'of on family. The State could fund $1.5 million, interest free, on a thirty year note. An additional $1.5 million bond is- sue would have to be floated from Grand County at large. The Conservancy District was also requesting funds from the Four Corners Regional Commission. At the present time one mill levy,county wide, brings in $26,000, and they are goin to approach the voters for three mills for $78,000 to hope- fully take care of useage increasing and would not have to 1 an on the mill levy after five to ten years. The remainder of the cost will be paid on an annual basis of $130,000 per year over a thirty year period, of which $50,000 + will come from agriculture, and $79,000 ± will come from culi- nary water,; The project would take three years to construct; the first year, possibly the tunnel development; the second year, a water line to the valley; the third year, construc- tion of the lake. The project cannot proceed without parti C*j 0 cipation by the city. It was recommended that the city would start acquiring water in 1981, or upon completion of Q the dam, and the city would acquire the following amounts U of water: V 600 acre feet - 1981 $42,000 700 " - 1982 $49,000 800 " " - 1983 $56,000 900 " " - 1984 $63,000 1000 " " - 1985 $70,000 $280,000 (5 years) Average cost per 1,000 gallons = 21.4¢ The $70,000 figure would include maintenance and oper- ation of the facility. The City Administrator indicated that the cost of pumping all city wells this past fiscal year from all water sources was .0346¢ per 1,000 gallons. Councilman Peterson made the motion that the City of Moab accept the offer from the Grand County Water Conser- vancy District to purchase water beginning in 1981, or when water becomes available, based on the formula indi- cated above, stipulating the City of Moab have the right to purchase water above the 1,000 acre feet if needed. The motion was seconded by Councilman Barker, and passed un- animously. Mr. Curt Young, representing_Moab Irrigation Company, Moab Irrigation Comp reported they had ordered the pipe for the irrigation ditch pany behind Emerald Subdivision. He made request to the city council that the city participate with the installation of the 21" culvert pipe and Mayor McDougald assigned this request to Superintendent Day. Prior to the public session the council discussed with Lucas Subdivision Gary Lucas the four lot subdivision he is deve)oping on West Second North, known as Lucas Subdivision. The city council agreed to participate with up to $600 of water line cost to extend a 6" main from First West approximately 400' to his four lot subdivision. Mr. O. C. Wiggle and Mr. C. R. Zimmerman are to pay for the line in front of their properties. The city council also agreed to allow Mr. Luca. to install 6" Class 150 PVC Plastic Pipe for the water line from First West to the subdivison, with a 4" PVC line to ru southerly to Walnut Lane, thereby looping the water system. The PVC pipe must meet the recommended specifications pre- pared by Nielsen, Maxwell and Wangsgard on March 23, 1977. Yield of Dam The special meeting adjourned at 9:25 P.M. Grand County Water Conservancy District Adjournment 270 m. Dean McDd, yor Regular meeting Audience members Minutes approved Minutes approved Minutes approved Water/Sewer rate increases Water/Sewer rate increases Effective date Commercial water rates adopted ATTEST, David J. Brzzke, Cif$ Recorder April 5, 1977 A regular meeting of the Moab City Council was called to order at 8:00 P.M. by Mayor Wm. Dean McDougald in the Council Chambers and, Councilmen present were Dixie Barker, Jerry Bonser, Harold Jacobs, and Marge Tomsic. Councilman Keith Peterson was out of town. Also present were City Ad- ministrator Dave Bretzke, City Attorney Hank Ruggeri, City Building Inspector Cecil Shaffer, City Engineer John Keogh, Street -Water -Sewer Superintendent Lynn Day, and Karen Mit- chell. The audience consisted of Jim Wiseman, Roy Ricks, Mr. and Mrs. Ken Orr, Glen Byers, Faye Titus, Don Robinson, Les Erbes, Virginia Johnson, Herb Sunderland, and Kenny Hart. The minutes of the regular City Council meeting held March 15, 1977, were approved on a motion made by Council- man Barker, seconded by Councilman Bonser, and passed un- animously. The minutes of the special meeting regarding the pro- posed water rate increase study held March 22, 1977, were approved on a motion made by Councilman Bonser, seconded by Councilman Tomsic, and passed unanimously. The minutes of the combined City Council and Grand County Water Conservancy District special meeting regarding the Mill Creek Dam Project held March 15, 1977, were approv- ed on a motion made by Councilman Bonser, seconded by Coun- cilman Tomsic, and passed unanimously. The public hearing for final consideration of the pro- posed water and sewer rate increases commended, and after considering the protests of a few citizens claiming the in- crease for residential use exceeded the announced 40%, and opposition to the retroactive April billing, the increases were adopted as follows: Councilman Tomsic made the motion to adopt the $4.00 rate for 2,000 gallon minimum residential useage, Councilman Bonser seconded, and was passed unanimously. The next, 8,000 gallons was increased to 31t/M gallons, rather than the proposed 3504, and approved on a motion by Councilman Bonser, seconded by Councilman Tomsic, and passed unanimously. A charge for useage of 10,000 gallons and over was adopted at 43t/M, rather than the proposed 45t/M, on a motion by Councilman Bonser, seconded by Councilman Barker, and pass- ed unanimously. The council explained that their decision to increase rates -For useage after 10,000 gallons was for conservation purposes. Outside city rates would be double the above. Councilman Bonser moved that the new rates be effec- tive on the May billing, Councilman Tomsic seconded the motion, and was passed unanimously. The following commercial water rates were adopted on Councilman Tomsic's motion, seconded by Councilman Bonser, and passed unanimous Ty $5.00 for 3,000 gallons plus 42t/M- next 47M gallons, 360M-next 50M gallons, 320M-next 400 M gallons, 27t/M-next 500M gallons, 22t/M-all over 1,000,000 gallons. ORDINANCE 3-77 AN ORDINANCE AMENDING CHAPTER 26 M3AB CITY CODE 1965 AS AMENDED, RELATING TO MUER AND SENWS BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 26-40: Connection Fees; Section 26-62: Water Rate Schedules; and, Section 26-63: Sewer Rate Schedule of the Code of the City of Moab, Utah relating to water and sewers, connection fees, rates and charges of the City of Moab, be, and the same is, hereby amended by the following: Sec. 26-40: Connection Fees: All applicants for water and sewer service within the City limits shall pay the City, with application, a minimum connection fee for each water or sewer connection as follows: (a) Water Connection Fees: (1) There shall be a fee of three hundred dollars ($300.00) for each three -fourths inch (3/4") meter connection plus thirty five dollars ($35.00) for each unit in excess of one unit in any dwelling, trailer court or motel. (2) There shall be a fee of three hundred fifty dollars ($350.00) for each one inch (1") meter connection plus thirty five dollars ($35.00) for each unit in excess of one unit in any dwelling, trailer court or motel. (3) There shall be a fee of four hundred twenty five dollars ($425.00) for each one and one-half inch (111") meter connection plus thirty five dollars ($35.00) for each unit in excess of one unit in any dwelling, trailer court or motel. (4) There shall be a fee of seven hundred dollars ($700.00) for each two inch (2") meter connection plus thirty five dollars ($35.00) for each unit in excess of one unit in any dwelling, trailer court or motel. (5) Each basic minimum fee outside the City limits shall be one hundred dollars 0100.00) above the stated fees. (6) Should the actual cost of installation to the City exceed a minimum fee, the additional cost shall`be paid by the applicant before service is established. (7) Connection fees for meters in excess of two inches (2") shall be determined by the City Council upon request. (b) Sewer Connection Fees: (1) There shall be a fee of three hundred dollars ($300.00) for each four inch (4") sewer connection, plus thirty five dollars ($35.00) for each unit in excess of one unit in any dwelling, trailer court or motel. (2) There shall be a fee of four hundred twenty five dollars ($425.00) for each six inch (6") sewer connection, plus thirty five dollars ($35.00) for each unit in excess of one unit in any dwelling, trailer court orlmtel. (3) Each basic minimum fee outside the City limits shall be one hundred dollars ($100.00) above stated fees. (4) Should the actual cost of installation to the City exceed a minimum fee, the additional cost shall be paid by the applicant. (5) Connection fees for sewers in excess of six inches (6") shall be determined by the City Council upon request. (Ord. 4-74; 11-6-74) Ordinance 3-77 Page Two Sec. 26-62: Water Rate Schedule: The rates for water supplied through meters to all places by the City shall be as follows: (a) Rate No. 1, Commercial Within the City: Mrh mu m charge, 3,000 gallons or less Next 47,000 gallons, 420 per thousand Next 50,000 gallons, 360 per thousand Next 400,000 gallons,320 per thousand Next 500,000 gallons,270 per thousand All over 1,000,000 gallons per month, I per month $5.00 gallons gallons gallons gallons 220 per thousand gallons The rates set out in this subsection shall apply to all users within the City including multiple dwellings, duplex dwellings and apartment houses, but not including single-family dwellings. (b) Rate No. 2, Residential, Within the'City: Minimum charge, 2,000 gallons or less per month, $4.00 Next 8,000 gallons, 310 per thousand gallons All over 10,000 gallons per month, 430 per thousand gallons The rates set out in this subsection shall apply to all single- family residential mmaPrs within the City. Where more than one single-family dwelling is served through a single meter, a minimum charge shall be made for each dwelling thus served, with credit being given for a corresponding quantity of water on the total consumption. Excess water used from 4,000 gallons through 16,000 gallons shall be billed at 310 per thousand gallons. A11 excess water used beyond 20,000 gallons shall be billed at 43* per thousand gallons. (c) Rate No. 3, Commercial, Outside the City: Minimum charge, 3,000 gallons or less per month, $10.00 Next 47,000 gallons, 840 per thousand gallons Next 50,000 gallons, 720 per thousand gallons Next 400,000 gallons, 640 per thousand gallons Next 500,000 gallons, 540 per thousand gallons All over 1,000,000 gallons per month, 440 per thousand gallons (d) Rate No. 4, Residential, Outside the City Minimum charge, 2,000 gallons or less per month, $8.00 Next 8,000 gallons, 620 per thousand gallons All over 10,000 gallons per month, 860 per thousand gallons The rates set out in subsections (c) and (d) shall apply to all uses outside the City and within a radius of two miles of the intersection of Center and Main Streets in the City. Water used outside the specified radius shall be charged for at a rate to be negotiated by the City Council and the individual water user requesting such service. (R.O. 1958, Sec. 3-2-28: Ord. No. 1-62) Sec. 26-63: Sewer Rate Schedule: The rates for sewer service under this chapter shall be as follows: (a) For residences, $4.20 per family unit per month. (b) Ebro commercial enterprises when toilet facilities are used by employees only, there shall be a minimum charge of $4.20 per month. (c) For commercial enterprises and churches, when toilet facilities are used by the public, there shall be a mtnimu m charge of $4.20 per month plus $2.45 per month for each toilet in excess of two. idinance 3-77 Page Three (d) For motels or hotels there shall be a minimum charge of $4.20 per month plus $2.45 per month for each toilet in excess of two. (e) For schools there shall be a charge of $5.60 per month for each one hundred (100) pupils which may by paid on an annual basis. (£) For other than one -family residences, any person using water which is not furnished to them from the city water system,at their awn expense and under the supervision �f the City, shall install a meter in the water or sewer line, in which case the schedule of charges shall be the same as those listed under subsection (b) of this section for commercial enterprises. (g) Rates for sewer services furnished outside the City shall be exactly twice the rates set out in this section for services within the City. (R.O. 1958, Sec. 3-2-28; Ord. No. 1-62) Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 5th day of April, 1977. ATTEST: (11 6LM✓/ 1 r David J. Bre4e, City rder APPROVED: ), Fin. Dean McDougald, Mayor Published in the Times Irdatwrdent, Moab, Utah, April 14, 1977. A 40% increase on sewer rates for residential, commer cial public facilities, and schools, were adopted on a motion by Councilman Barker, seconded by Councilman Tomsic and passed unanimously. Water and sewer connection fees inside and outside th= OUtside connections city were adopted as proposed on a motion made by Council- man Tomsic, seconded by Councilman Barker, and passed unan imously. The Council unanimously agreed upon a 40% increase on Increase on shop water obtained at the city shop by private, commercial, water state, and federal agencies. The newly adopted water and sewer rate increases woulWater rates publish• be published in the form of an ordinance (Ordinance 3-77) ed in the Times Independent on April 14, 1977. Councilman Barker departed from the meeting due -to it lness. Sewer rate increase 271 Requests by Herbert Sunderland of 657 Mountain View Request for install. Drive, and Mr. & Mrs. Ken Orr of 438 Walker, for installa- ation of fence tion of fence on their properties were heard by the coun- cil. Councilman Jacobs made the motion to approve both re quests allowing them to install up to 4' fence, 4' from th OI da back of the curb, Councilman Tomsic seconded the motion, a d was passed unanimously. Both property owners agreed to co G operate with the city in the event,of improvements. V City Engineer Keogh reported on the progress of the Water line install - water line installation for the Corbin Well. He said 4,00ation at Corbin Well feet of the pipe has been laid, and the line is being test ed as they go. Defective pipe received was being returned to the manufacturer and replaced to meet specifications at no cost to the city or the contractor. Mr. Keogh was go- ing to check into the possibility of using some of the re- jected pipe to disinfect the line when the job is complete. City Administrator Bretzke reported to the council th.t Swimming pool re - the swimming pool remodeling is progressing nicely, and on modeling schedule. He also advised that ten local property owners had been notified by mail giving them a 10 day notice to clean up their properties. The council was also reminded of future meetings they were scheduled to attend. City Administrator Bretzke presented Bud Walker's fin Walker SubdiVision plat of Walker Subdivision Addition M2 for the council's fi Addition $2 nal approval and advised them that Mr. Walker had complied ith the Planning Commission's request to provide proof in riting that he would take care of the drainage problem, an. eet the subdivision requirements. Councilman Tomsic made the motion to approve the plat after City Engineer Keogh approves the proposed dam, Councilman Bonser seconded, and the motion passed unanimously. Regarding the Clean-up Campaign, requests were made tClean-Up Campaign send letters to Dallin Woodruff regarding property at 246 East 2nd South, Claude Irish at 50 West 4th North, and Lin Ottinger at 137 North Main. These complaints would be di- rected to Keith Peterson. Mr. Roy Ricks was present on behalf of Mrs. Anna Borre- Thomson Subdivision son, and reported they were willing to deal with Cecil Tho son for a sewer line to the Thomson Subdivision, however, r. Thomson has not contacted them. Councilman Jacobs reported he is to tali( to Marcell FMC Street Sweeper raham regarding the purchase of a new FMC Street Sweeper for $40,000, trading in the old one for $25,000. Another possibility being considered is selling the old sweeper fo 20,000 net, and purchasing a TYNEL demonstrator for $29,0O. e said he would call St. George, Utah, and Ouray, Colorad , s these two towns had shown interest in purchasing the ol. weeper. Councilman Jacobs said he felt Building Inspector Fence permits 272 Abandonment of Firs East Street Bills approved PUblic Relations Safe Water Drinki Seminar Adjournment Regular meeting Attendance Minutes approved heifer should be given the authority to issue fence permits rather then going before council. City Attorney Ruggeri ex- plained the ordinance requires thds procedure, and in order to give Mr. Shaffer this authority, the ordinance would have to be amended. There was some discussion regarding the abandonment of First East Street in front of Wm. C. Shelton's residence. Superintendent Day, City Engineer Keogh, and Councilman Ja- cobs were to make an on -site investigation. Councilman Tomsic made the motion to approve the bills for payment with the exception of the JBCO invoice in the amount of $1,800.00 which was to be paid by Aquatech Pool & Patio Shoppe. Councilman Jacobs seconded the motion, and was passed unanimously. Don Robinson was present offering his services to the city in the field of public relations for the council's con- sideration. ng City Engineer Keogh reported that he learned from the Safe Water Drinking Seminar he attended recently that the citizens should be kept constantly notified of the water quality. P & W Trailer Cour Walker Subdivision The me� ii! adj� .y urned by mutual consent _t 10: _ P.M. April 19, 1977 David J. retzk can c�ouga A regular meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald at 8:00 P.M. in the council chambers. Present were Councilmen Jerry Bonser, Harold Jacobs, Keith Peterson, and Marge Tomsic, City Admin- istrator Dave Bretzke, Street -Water -Sewer Superintendent Lynn Day, City Engineer John Keogh, City Attorney Hank Ru- ggeri, and Karen Mitchell. Councilman Dixie Barker was out of town. Citizens present were Jim Wiseman, Lea Ellis, Les- ter "Bud" Walker, and Les Erbes. The corrected minutes of the April 5, 1977, regular City Council meeting were approved on a motion made by Coun- cilman Baonser, seconded by Councilman Tomsic, and passed unanimously. Lea Ellis, owner of the P & W Trailer Court confronted the City Council regarding maintenance responsibility of the + 20" strip of city property on the north side of her trail- er court along Second East Street. She was advised that there is a 99" street dedication of Second East, however, the street is only 60" wide and, although this strip belonged to the city, the city did not have funds to maintain the un- improved strips of land within this 25 block radius. Coun- cilman Jacobs, City Administrator Bretzke, and City Engineer Keogh will make a survey of the entire 25 block area. Coun- cilman Tomsic made the motion that the council make a defin- ate decision as soon as tFiis survey was completed, and to act on their recommendations. Councilman Peterson seconded the motion. Mayor McDougald felt the city would have to re- tain 10' from the back of the curb becuase of the utility easements. Councilman Bonser abstained from voting because of conflicting interest, and the motion carried with the vote of the three remaining councilmen. Mr. Lester "Bud" Walker informed the council he had been under the impression that all he was required to do in order to get final approval of his Walker Subdivision Addition W2 consisting of three lots was to divert the flow of the channel, thereby protecting his property from flood- ing. He was told that the city could not allow him to divert the water and pass the hazardous conditions on to other pro- perty owners. The preliminary plat had been approved by the Planning Commission stipulating that Mr. Walker's dam would have to meet the approval of City Engineer Keogh. Mr. Keogh had suggested that Mr. Walker approach the soil conservation- ist about dam construction as he was not in favor of approv- ing hiw own dam design. It was concluded that Councilman Jacobs and City Administrator Bretzke would help Mr. Walker In contacting Kedric Somerville, the soil conservationist, or his recommendations the following day. - =-- - - 273 ctions c*D eH Ce D Ca U U ORDINANCE 4-77 AN ORDINANCE AMENDING CHAPTER 26 MOAB CITY CODE 1965 AS AMENDED, RELATING TO WATER AND SEWERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH. THAT Section 26-59, Installation of Water Service Pipes, now reads as follows: All water service pipes used underground shall be of cast iron, extra strong lead, copper, galvanized iron or tin lined lead, and shall be laid not less than three feet below the grade, and of suf- ficient strength to stand the water pressure. All such work, alterations or extensions thereof, together with the size of the pipe, shall be to the acceptance of the waterworks superintendent No extension of service pipes shall be made without first obtaining a permit therefor from the waterworks superintendent. (R 0. 1958, Sec. 3-2-12.) • THAT Section 26-59, Installation of Water Service Pipes, be, and the same is, hereby amended by the following: Sec 26-59• Installation of water service pipes: All culinary water service pipes used underground shall be approved by the City Engineer and Waterworks Superintendent according to specifications as approved by the City Council. Said water service pipes shall be laid not less than three feet below the ground and of sufficient strength to stand the water pressure. All such work, alterations or exten- sions thereof, together with the size of the pipe, shall be to the acceptance of the City Administrator and the City Engineer in consultation with the Waterworks Superintendent. No extension of service pipes shall be made without first obtaining a permit therefor from the City Administrator and the City Engineer. (R.O. 1958, Sec. 3-2-12.) ide con- ied n ection mp'ai gn Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 19th day of April, 1977. Councilman Pet6f0hasked-1t the -pump naa-oeen-install- Skakel Springs ed at Skakel Springs so the water would be available to the city in case of a shortage. Superintendent Day has been working on the old pump and said he felt the city should b= pumping their half of the water on a regular basis. Counc 1 was in agreement, and City Attorney Ruggeri again advised them that he could have an Order of Occupancy within ten days In the event of an emergency water need. Councilman Jacobs requested a resolution be adopted b the City Council and recorded in the minutes that the City agrees to inspect and clean, if necessary on a regular ba- sis, preferable annually, the White Canyon dam with the anticipation of definate cleaning at least every ten years Councilman Tomsic so moved that the City Council adopt thi resolution. Coincilman Bonser seconded the motion, and was passed unanimously. RESOLUTION 2-77 WHEREAS, the Mayor and City Council of Moab, at their regular City Council meeting of April 19, 1977 adopted this resolution whereby the City does agree to inspect and clean, if necessary on a re- gular basis, definite cleaning at least every ten years. WHEREAS, upon explanation of the proposed a- greement, the Moab City Council nanimously adopted the proposed agreement as pr ented. Resolution 2-77 2T3 M d� M Cl V U Two requests for outside city water connections were pproved by council, one for Al Berna, (Brian Mills -owner), approved Lot 12, Westwood Acres, the second one for Al Berna and an Holyoak, (George Schultz - owner), Lot 6, Westwood Acres. It was determined there was adequate water, that the build- ing permits had been issued prior to the February 16, 1977, oratorium, and that the applications met city specificati after some discussion regarding the required looping of th ater line in the Westwood Subdivision, Councilman Tomsic oved to approve these two requests with the stipulation at future lots in the subdivision would require assess- ent for the cost of looping the water line. Councilman onser seconded the motion, and was passed unanimously. Mayor McDougald announced that future outside city co ction requests would be denied until the county adopts an nforces subdivison ordinances comparable to the city or- .inances. Council agreed to approve Charles Nelson's water con- ection request in Sinda Heights, but he must use 6" pipe. If he does not agree, then his connection fee will be re- unded. Councilman Peterson reported that the Clean -Up Campai is progressing, thus far, successfully. The first ten of some eighty violators had been notified to clean up their properties, or be subject to penalties. Seven of the ten had complied completely to the request, two were half done nd working on completion, and Mr. G. A. Larsen had com- �letely ignored the letter. City Attorney Ruggeri had ad- ised Councilman Peterson to proceed with legal action. ouncil suggested he call the State Fire Marshall and the tate Health Department and have it declared a fire and health hazard. City Administrator Bretzke agreed to conta these State officials, and also to begin work on the next en violators. Councilman Peterson received permission to pay the Interact Club's clean-up services for Opel Lemon ou ,F the Community Affairs budget. Also, from this budget, prizes for last weekend's community clean-up were paid, an bought twenty pounds of hamburger for the BPW's luncheon for the workers. Water connections s -Future outside con- nections denied Nelson's connection approved n Clean -Up Campaign t Councilman Peterson asked if the pump had been install- Skakel Springs ed at Skakel Springs so the water would be available to th city in case of a shortage. Superintendent Day has been orking on the old pump and said he felt the city should b pumping their half of the water on a regular basis. Council as in agreement, and City Attorney Ruggeri again advised them that he could have an Order of Occupancy within ten days in the event of an emergency water need. Councilman Jacobs requested a resolution be adopted b the City Council and recorded in the minutes that the City agrees to inspect and clean, if necessary on a regular ba- sis, preferable annually, the White Canyon dam with the anticipation of definate cleaning at least every ten years. Councilman Toms% so moved that the City Council adopt thi resolution. Coincilman Bonser seconded the motion, and was passed unanimously. RESOLUTION 2-77 WHEREAS, the Mayor and City Council of Moab, at their regular City Council meeting of April 19, 1977 adopted this resolution whereby the City does agree to inspect and clean, if necessary on a re- gular basis, definite cleaning at least every ten years. WHEREAS, upon explanation of the proposed a- greement, the Moab City Council nanimously adopted the proposed agreement as pr ented. Resolution 2-77 274 Ordinance 4-77 pub lished Resolution 4-77 Dog Nuisance Berna Construction on Hillside Drive Stuck meters Corbin Well water line Water samples from Mill Creek Illegal fence NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held April 19, 1977, by, and the same are hereby ordered to show the adoption of this agree- ment as presented to the Mayor and City Council. Council reviewed a rough draft of Ordinance 4-77 amend- ing Section 26-59 of the Moab City Code concerning installa- tion of water service pipes. Councilman Bonser made the motion to publish the amended ordinance, Councilman Jacobs seconded, and it was passed unanimously. Councilman Bonser made the motion that the City Council accept the amended recommended pipe specifications, Councilman Peterson second- ed, and was passed unanimously. City Administrator Bretzke, City Engineer Keogh, Supt. Day and Building Inspector Shaffer will meet and review PVC pipe specifications to determine inspection guidelines. RESOLUTION 4-77 WHEREAS, the Mayor and City Council of the City of Moab held a public hearing at a special Council meeting on June 29, 1977 for the purpose of amending the budget for the fiscal year commencing on July 1, 1976 and ending June 30, 1977; and WHEREAS, upon explanation of the proposed amended budget revised to show adjustments within some depart- ments but to show no change in the overall amount of the budget, the Moab City Council unanimously adopted the proposed amended budget as presented. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held June 30, 1977, be, and the same are, hereby ordered to show the adoption of the amend- ed budget for the fiscal year ending June 30, 1977 as presented to the Mayor and City Council. Councilman Tomsic was given permission by the council to check with the State Health Department and the Welfare pepartment concerning Lanice Hefner who owns two Dobermman Pincers, and is a nuisance to the neighborhood. Supt. Day complained of the mess Berna Construction had left in the gutter on Hillside Drive. City Administrator Bretzke reported that Mr. Berna had agreed to clean up the debris, and also to pay for the broken water meter at 344 Hillside Drive. Councilman Tomsic inquired as to the number of stuck eters and she was advised that there were at least 200 at the present time, and have that many meters on back order. his also brought up the subject of sand in the lines, and being the main cause of stopping the meters. Installation of the Corbin Well water line is ten days ahead of schedule. The line is complete and the contractor began flushing it out today, and expect to chlorinate the line tomorrow. Mayor McDougald said the line could not be tied into the system until the State Health Department had approved the water samples, and the well would have to be sampled every two weeks per the City's agreement with the State. An 8" gare valve and 12" reducer are needed to dump the line should the line require repairs. Council expressed their dissatisfaction with engineering services of Nielsen, axwell and Wnagsgard on this engineering firm, but no action as taken. Councilman Jacobs wanted to know why the city was still aking water samples out of Mill Creek for the Grand County ater Conservancy District and the USGS. Mayor McDougald as going to check this out. city Administrator Bretzke advised of an illegal fence eing installed on the corner of Moenkopr and Taylor. Council aid Building Inspector Shaffer should red tag it. No action as taken on Councilman Jacobs suggestion to publish a notice co Tr M C1 U U in the paper that all fences require a building permit. City Administrator Bretzke advised the council that Hobbs Subdivision is almost ready for final approval. Cou cilman Bonser made the motion to approve the Hobbs Subdivi sion upon receipt of a bond as guarantee of required impro vements, Councilman Tomsic seconded, and was passed unanim ously. Councilman Jacobs said that the Robertson Wellopump is Robertson Well kicking off when the outside temperature reaches 80 . The pump supplier is to be contacted regarding this malfunctio Councilman Tomsic made the motion to approve the bills Bills approved as presented, with the exception of the Nielsen, Maxwell an Wangsgard bill in the amount of $5,768.00 which is 80% of their fee for Corbin Well engineering services. Councilman Bonser seconded the motion, and was passed unanimously. Councilman Jacobs moved for adjournment at 11:15 P.M., Adjournment Councilman Peterson seconded the motion, and was passed unanimousl ATTEST: 111 11/110 . _ Wm.^jean Mciorgald, ,.yor David Bre = e, City ecorder May 3, 1977 A regular meeting of the Moab City Council was called Regular meeting to order at 8:00 P.M. by Mayor Wm. Dean McDougald in the council chambers. Those present were Councilmen Dixie Attendance Barker, Jerry Bonser, Harold Jacobs, Keith Peterson, Marge Tomsic, City Administrator Dave Bretzke, City Attorney Hank Ruggeri, City Engineer John Keogh, Karen Mitchell, Police Chief Mel Dalton and Grand Valley Fire Chief Troy Black. Citizens attending were Lea Ellis, BLM Superintendent Gene Day, Mr. & Mrs. Jim Wiseman, Roy Ricks, Bud Walker, Les Erbes, Bill Howell, Ronald Bolander, Grand County School Superintendent Bill Meador, Bob Olsen of Wasatch Extension, and Jim Walker. 275 _ Hobbs Subdivision The minutes of the regular City Council meeting held Minutes approved April 19, 1977 were approved with the following corrections on a motion by Councilman Jacobs, seconded by Councilman Bonser, and passed unanimously: "The Robertson Well pump kicks off when the outside temperature reaches 80 degrees"; and, Councilman Tomsic requested the minutes show that the Nielsen, Maxwell & Wangsgard bill in question would be in- vestigated for accuracy prior to approval of payment. Mr. Meador petitioned the council with a number of School Route Improve school route improvements requesting they be considered in ments the upcoming budget. They are as follows: 1. A lighted flashing sign and crossing guard on North Main and 4th Nort 2. Decreasing 40 MPH to 30 MPH speed limit north of the Tastee Freeze and placing it past Miller's Shopping Center. 3. The City apply for pedestrian safety project funds for installation of sidewalks on Main Street. 4. The City possibly create an improvement district for installation of sidewalks on Mill Creek Drive from the Go-Fer Grocery Store to the top of the hill on Mill Creek; on 4th North between Main and 1st West Street and west to 5th West Stree ; on Center Street between Second and Fourth East. The coun- cil agreed to consider these requests at the May 17, 1977 council meeting when Mr. James L. Deaton, District Director of the Utah Transportation would be present. The Grand County School District received permission tSwimming Pool to be use the Moab Municipal Swimming Pool for physical education used for physical classes the last two weeks of school (May 16th through May education 27th) on a motion by Councilman Barker, seconded by Coun- cilman Bonser; and passed unanimously. The City Pool staff ill maintain the pool during this time. Wary Trailer installed for BLM Survey of city owne property Noise from motor- cycles Tent caterpillar spraying Walker Subdivision Addition N2 Installation of fi hydrants Moab Irrigation Company Water/Sewer rates effective with May billing Street patching on Hillside Drive Flood Control State Fire Marshal Letter of resigna- tion BLM District Manager Gene Day requested permission to install a temporary trailer at the district office location on 2nd South for one year, to provide additional office space, until anticipated construction could be funded by GSA. This was approved on a motion by Councilman Peterson, seconded by Councilman iBonser , and carried. Councilmen Tomsic and Barker were opposed. Lea Ellis questioned the council regarding progress of the survey of city owned property within the 25 block down- town area. She was informed that this had not been completed. She also advised them of excessive sand in her water line and Councilman Jacobs said the hydrants were being flushed on a regular basis in order to alleviate this problem. Bill Howell and Ronald Bolander were present to voice their complaints regarding noise from motorcycles in the Mountain View Subdivision area to which Chief Dalton ad- vised his department had this problem controlled. They also objected to the carnival that had set up in the vacant lot south of Miller's Supermarket. After checking the Moab City Code it was determined that carnivals are not allowed in any city zone and this would no longer be permitted. Bob Olsen of Wasatch Exterminators reported to the council that the tent caterpillar spraying program was pro- gressing on time and the 65 gallons of Thuricide insecticide ordered should cover the area, although the program was more involved than had been anticipated. Mr. Bud Walker, City Administrator Bretzke and City Engineer Keogh had made an on -site investigation of the pro- posed dam site above the Walker Subdivision Addition #2 with soil Conservationist Kedric Somervill, from Monticello. He said a dam would be necessary, however, he would have to check with his chief engineer and would advise of his re- commendations. A request from Fire Chief Troy Black for installation of fire hydrants by the City was reviewed by the council. Councilman Bonser made the motion that the City purchase three hydrants at this time to be installed as follows: 1. Power House Lane 2. Henningson's on Mill Creek Drive 3. Thompson's Body Shop on Holyoak Lane; the city to be responsible for the cost of the hydrant and installation on Power House Lane, and installation only of the other two, f and Grand County to reimburse City for material cost of the other two. The motion was seconded by Councilman Barker, and passed unanimously. Mr. Jim Walker of Moab Irrigation Company requested in- formation regarding ownership of water overflow of the old city well by the Power Dam. Council suggested furnishing him with a copy of the Howard Lance Agreement with the City of Moab. Council unanimously agreed that the new water and sew- er rates would be effective on the May billing as previousu adopted. Mr. Ray Branscom had asked City Administrator Bretzke to request to the council street patching on Hillside Drive. It was determined if the property owners in that area would clean rocks from the street, the City would patch and armor coat later this year. Council agreed to meet with Lee McQuivey of the Corps of Engineers and with the Grand County Commissioners on May 16th at 11:00 A.M. in the council chambers regarding flood control. Mayor McDougald said he would call the State Fire Mar- shall concerning the G. A. Larsen nuisance property. Councilman Bonser submitted his letter of resignation effective June 1, 1977. Council will consider resumes and vacancy would be filled by July 1, 1977. 2 7'T cC ct+ M Q U U r Councilman Jacobs announced that the Corbin Well was tied into the city water system Monday, May 4, 1977. Councilman Jacobs requested that the ordinance re- stricting parking of trucks over 2 tons on residential streets be enforced. Chief Dalton would be instructed to enforce this ordinance. Councilman Jacobs advised that Skip Nightingale's driveway has been repaired. He also stated he had receive complaints regarding the odor caused from sewage dumped by P & L Septic Tank Service behind the Ramada Inn. The city will investigate other disposal locations. Councilman Tomsic requested that all utility bills be listed with the bills for approval for referral purposes. Councilman Tomsic received permission to offer Buildi g Building Inspector Inspection candidate $950.00 per month with a vehicle, and no secretary. She will report his answer to the council. 1 The bills were approved for payment on a motion by Councilman Tomsic, seconded by Councilman Barker, and passed unanimously. Councilman Barker advised that the Economic Develop- ment Committee had passed a motion to ask the City Council to submit a letter to the Public Utilities Commission re- questing formal public hearing of protest be held in Moab regarding the custimer gas deposit. This was put to motio by Councilman Peterson, seconded by Councilman Tomsic, and passed unanimously. The City of Vernal is taking the same action. Corbin Well Parking of trucks P & L Septic Tank Service Utility bills Bills approved Economic Development Committee Councilman Barker expressed her displeasure concerning Business Licenses the issuance of business licenses. She said the Transient Business License ordinance had been adopted by council and must be enforced or abolished. City Administrator Bretzke agreed to review each business license application in the future. Councilman Barker wanted to know where the signs were for the City Park restricting dogs. City Administrator �retzke said he would check with Superintendent Day. Councilman Jacobs advised that Leon Stocks would be Humane Society Sem- attending the Humane Society Seminar on May 6th, 1977. inar Meeting adjourned at 12:05 A.M. by mutual consent. Adjournment / 4111 iL Wm. Dean McDou,- d, ,yor ATTEST: David J. Br ke, Cif Recorder May 17, 1977 A regular meeting of the Moab City Council was called to order by Mayor William Dean McDougald at 8:00 P.M. in t e council chambers. Councilmen present were Jerry Bonser, Harold Jacobs, Keith Peterson, Marge Tomsic, and Dixie Barker arrived at 8:55 P.M. Also present were City Admin- istrator Dave Bretzke, City Attorney Hank Ruggeri, City Engineer John Keogh, Street -Water -Sewer Superintendent Lyn Day, Animal Control Officer Leon Stocks, Police Chief Mel Dalton, and Karen Mitchell. No dog signs Regular meeting Attendance Moab Sportsmen's Club Truck parking Rezoning Scheduled Dogwood Avenue Tent Caterpillar Spraying Program `A dOnce members Citizens present were Jim Wiseman, Jim Sarten, Dan Holyoak, Dave Minor, Sam Taylor, Brenda Clark, Ken McDou ald om Stocks, Wade Tangren, Dale Holyoak, HMK principal John learain, Les Erbes, Wade Landrum, Al Richens of the Utah tate Department of Transportation, Dave Johnson, Dwight Johnston, Dick Cuehler, and Steve Olschewski. Minutes approved The minutes of the regular City Council meeting held ay 3, 1977 were approved correcting names of citizens at- tanding on a motion made by Councilman Jacobs, seconded by ouncilman Tomsic, and passed unanimously. Class 3 Beer Licens Brenda Clark was present on behalf of her husband Larry D. Clark requesting a Class "3" Beer License for off -premise onsumption at the Walnut Lane Market Place. The applicants had been cleared by the Police Department and Councilman acobs made the motion to approve the beer license request, ouncilman Bonser seconded, and was passed unanimously. Grand County Water Mr. Ken McDougald, representing the Grand County Water Conservancy Dist. onservancy District, presented the council with a resolution for their consideration of a county -wide Special Service District for water, sewer, and flood control. This was re-, erred to City Attorney Ruggeri for his study and recomnena ations which will be discussed at a special city council eeting on May 24, 1977. Utah Department of Mr. Al Richens of Price and Sam Taylor, both represent - Transportation ing the Utah Department of Transportation, discussed with the council several street safety improvements. First to be onsidered was the installation of a Mellow flashing signal y Circle K on North Main which, if installed, the city ould have to pay for the power connection, electricity and urnish a crossing guard, plus appropriate 20 MPH speed imit signing during student pedestrian traffic. Council hose to take no action until an appointed committee con- isting of Harold Jacobs, John Olearain and Jim Wiseman could tudy all possibilities to resolve this crossing hazard. ouncil did elect to apply for available funds to completely idewalk Main Street on a motion by Councilman Bonser, ouncilman Barker seconded and was passed unanimously. Coun- ilman Tomsic made a motion to submit a letter to the UDOT equesting that the speed be reduced from 40 to 30 MPH from he Tastee Freez on South Main south to Miller's Shopping enter. Councilman Peterson seconded, and the motion pass- d unanimousl . Councilman Bonser made the motion to include n this letter a request for left turn lanes at the inter-4ection of Third South and Main, and a request for striping n Fourth North between Main and First West. Councilman arker seconded the motion and it passed unanimously. Wade Tangren, Dwight Johnston and Dale Holyoak of the oab Sportsmen's Club were present making inquiry as to city equirements for their anticipated construction and operation f a private club west of the BLM office on Second South. hey were advised to consult with City Administrator Bretzke o discuss requirements and schedule meeting with the Plan- ing Commission for rezoning request. Steve Olschewski was given permission by the council o leave his two ton truck parked at his residence until repairs could be made. Jim Sarten explained he hopes to headquarter his river expedition business in the log house on North Main and under- stood this would require rezoning. He was advised to see City Administrator Bretzke to schedule necessary hearing. ' Dave Johnson and Dick Buehler requested that Dogwood Avenue be barricaded or improved. Council agreed to bar- ricade and, in the meantime, obtain costs on armor coating for the 1977-78 budget. Dick Buehler commented on the tent caterpillar spraying program saying he thought it was very successful with an 80 to 90 percent kill and felt the city should consider the f� CI F Y lF pops, IITPN 0,0-NrriCC NO. 5-11 Entry No... Filed . �:- �� 19 7r " - Recorded Book `? ee4 W` Ate Fee 4 .Rr 3 PagY�S =b Ake J Me IhR ney p Grand county Recorder 4n l':)I`ANCE NARROWING A PORTION OF 20d SOUTH STREET LYING BE Y'.%111 200 EAS I S IREET AND 100 EAST STREET, Moab Townsite, Section 1, T26s "2E, SLBOI WHEREAS, Petition has been duly made by Rodney L. Steele and Montez Steele, to narrow a portion of 200 South Street •idracent to thee) property in Block 2, Moab Townsite, Section 1, T26�, R22I , ; ;�d, and WHEREAS, tNe Petitioners, as adjacent owners, have duly consented to the narrowing of 200 South Street as aforesaid, ind hHEREAS, the aforesaid narrowing of 200 South Street doe•, n o• n3te< <al ly ef' ect the public interest or any existine '�ri�:�• e and y in i',e best interest.of the city, and the .iforesaid petitioners have requested the CitN, 01 ''o1h to vicat^ d certai irainage easement effecting their n ;perty in they l r,, of Moab, Bloch 2, Meab lo,nsi te, Section I, R22:, '111B4M dS afo)e'.did - , 0 lri T li L' R I F 0 R E• I,,e city council of the City of Moab, State of Utah, does o)dain as follow, '.I II ORDAINLO. 1. That certain tract of land located in the Northeast co•--er of Block 2, Moab Townsite, SeCtlon 1, T205, R22E, SLB$M, being that portion of 200 South Street aforesaid described as follows: Beginning at a point, which point is located 160 feet from the Northwest corner of Block 2, Moab Townsite, Section 1, T265, R22E, SLB$M, and from said point or place of beginning running thence in a Westerlv direction along the existing right-of-way a distance of 28.9 feet to a point_ thence turning and running it right angles to the aforesaid course a di,tdnce of of 8.6 feet to a point in the rifolt-or way of 200 tiouth Street, thence { 4 ,�• •fit.. - turning in an Easterly direction, parallel to the Southerly right-of-way line of 200 South Sti-et, a distance of 28.9 feet to a point it the right-of-way of 200 South Street, thence t-,ning and running in a Southerly direction perpendicular to the course afore- said, .1 stance of 3_6 feet to the point or n 1 _ ^ - ' beginning, shall le vacated, nirrowin nat portion of 200 South Street the dimension- o' the parcels so vacated this vacation ' portion, o; ".outh Street shall in nowise impair the ir,c1c.1se rivhts or any public utility nor extinguish anv eat,t.>>g municipal itility rights evidenced by in place .1t7111 tie portion, f 200 South Street so vacated. that Unlit -or -way in favor of the City of Moab, granted to t'ie City of load by Deed of L.A. Woodruff and Bertha toodrurf dated At> 1940, recorded May 20, 1940 in Boot, 4D, age I "ll and de,-rihed as, follows. Beginning at a point 14 feet East of the Northwest corner of Block 2, 'Noah• thence S 13°38' 1220 feet; thence North 7022' C 10 feet thence :11038' W 213 feet; thence \ 99°41' W 31 feet to the place of beginning, ,s and shall he 'or all purposes, terminated and abandoned, and released unt, the .nterest of the owners of the ser'Lent tenement and the Mayor and the City Recorderof the City of 'oab are directed to execute a Quit "21aim Deed as to said .nterest of'thk city unto-kodhel+ Steele and Montez Steele. - F 3. The City Clerk is44irected to record a copy of this q dinance in the Office of the Recorder, County of Grand, M ate ,t Jtah, and to cause the same to be indexed in the name of the ity of Moab, Grantor and Rodney Steele and Montez Steele, Grantee 4. This ordinance sha take effect and be enforced 'rom and after ._.4spassage and publication according to law. Passel ?:y city Council, City of Moab, on /71 /177, ' %.0.,-'977_, 114 M d'+ CM A U V of spraying program next year. Ban Holyoak and Dave Minor appeared regarding Orchard Aughts Subdivision, which was located in the old Howard once orchard. On the recommendation of the Planning Com- mission the council voted and passed unanimously a motion by Councilman Bonser to vacate the subdivision, and was seconded by Councilman Tomsic. Mr. Minor indicated that he may resubmit his portion of this land for subdivision approval, but needs 10 feet more for access road. Attorney A. J. Coffman, representing Mr. and Mrs. Ron Steele, submitted a written and signed Petition to narrow a Street right-of-way on Second South. Councilman Jacobs made the motion to approve the request to narrow this por- tion of the street only, Councilman Peterson seconded, and was passed unanimously. Councilman Barker made the motion to adopt the ordinance (No. 5-77) to narrow a portion of Second South Street, and to vacate a drainage easement effecting this property by Quit Claim Deed, in order to clear title to the new purchasers of the property. Counci man Jacobs seconded, the motion passed unanimously. The council also discussed changing the boundaries of the Spanish Valley Water and Sewer District to include tha area around and in Hecla Subdivision, and all the property in that area which does not presently have sewer system. The council also discussed de -annexing that area -of the city which is south of Mill Creek and surrounds-Hecla. Da Holyoak agreed to prepare descriptions of the area for pre sentation at a public hearing for council action. Leon Stocks, Animal Control Officer, gave an account of his attendance to the Humane Society Seminar in Salt Lake City on May 6; 1977. The city council denied a request by Ron Robertson asking the city to prepare road base and Mr. Robertson to provide asphalt for the road to Well #10. Councilman Toms made the motion for denial, Councilman Barker seconded, an was passed unanimously. Council was in favor of Councilman Jacobs and Superin tendent Day traveling to Logan the following day to shop for a street sweeper. Councilman Tomsic advised the coun- cil that the city was not responsible for the damage to Jim Walker's residence caused from a broken water main on Fifth West. There was discussion concerning erroneous sewer charg in the past and council agreed that new sewer,rates would be billed according to the newly adopted ordinance. Council set May 23, 1977 as the deadline for councils man applicants for the replacement of Councilman Bonser. The unofficial selection will be made at a special city council meeting on May 24, and the new councilman will tak office June 1, 1977. The city council passed an ordinance creating the po- sition of City Manager, proposed by Councilman Jerry Bonse for the purpose of overseeing and making day-to-day decisi It was explained'that this does not change the existing Ma or -City Council form of government under the third class city statute, but merely adds a new position. The City Manager will have substantially more specific authority an responsibility than the position of City Administrator -Re- corder, however, his actions will remain subject to the control of the City Council. The City Manager will exerL cise general control over all activities of the city and will have the power to hire and discharge employees, sub- ject to council approval. The manager will be responsible for all contracts, purchases, accounts, inventories, prope reports, publications and electionsforthe City of Moab. Councilman Barker made the motion to adopt and publish the ordinance (No. 6-77), and Councilman Peterson seconded. 279 Orchard'Heights Subdivision Narrowing street right-of-way Spanish Valley Water and Sewer District Humane Society Seminar Road base to Well c #10 Street Sweeper s New sewer charges Replacement of Councilman Bonser Creation of the , position of City ndlanager ty, 280 Bills approved Hobbs Plat Adjournment Councilman Jacobs voiced his resentment to departing Council- nan Eonser presenting this ordinance and felt the citizens should be given the opportunity to elect this position. The notion carried four to one with Councilman Jacobs opposing. ,The bills were approved with the addition of Engineers Construction Co., Inc. in the amount of $19,068.98, and Crane Supply Co. in the amount of $65,062.44 on a motion by Coun- cilman Tomsic, seconded by Councilman Peterson, and passed_ unanimously. Subdivision Hobbs Subdivision Plat was given final approval by the city council on emotion by Councilman Tomsic, seconded by Councilman Barker,iand passed unanimously. Councilman Barker moved for adjournment at 12:00 A.M., Councilman Bonser seconded, and the motion passed unanimously. ATTEST. �kb. Dean Mc ugald ayK or David J. { ke , Ci{y_Recorder " May 24, 1977 Special Meeting A special meeting of the Moab City Council was called to order by Mayor Wm. Dean McDougald in the council chambers Attendance at 7:30 P.M. Present were Councilmen Dixie Barker, Marge Tomsic, and Harold Jacobs, City Administrator -Recorder Dave Bretzke, Karen Mitchell, Building Inspector Larry Brundage, and Police Chief Mel Dalton. Councilman Keith Peterson and City Attorney Hank Ruggeri were out of town. There was discussion regarding Jim Sarten's intent to locate his river expedition business on Lots 17 and 18, Block E, Plat B of Utex Subdivision which fronts on North Main and is zoned commercial on two sides. Utex Subdivision's Restrictive Covenant clause has complicated this move for commercial activity and City Administrator Bretzke suggested that Mr. Sarten seek legal advise on obtaining a Waiver of Covenants in preparation of a Planning Commission rezoning hearing. Councilman Jacobs made the motion to table this matter and seek City Attorney Ruggeri's recommendations, Councilman Barker seconded, and was passed unanimously. Jim Wiseman appoint- Councilman Barker nominated Jim Wiseman to the council ed to Council vacancy, and so moved that he be appointed to this position, and Councilman Tomsic seconded. Councilman Peterson had asked City Administrator Bretzke to inform the council, in his absence, that Jim Wiseman was his choice. The motion carried two to one. Councilman Jacobs abstained from voting on this nominee.' Old City Park Campers A request by Montez Steele for 30 people from the Red- mond, Utah LDS Church to sleep at the Old City Park June 28th in sleeping bags was denied on a motion by Councilman Barker, seconded by Councilman Tomsic, and passed unanimously. Coun- cil agreed that the park did not have the facilities for over- night campers and did not want to set a precedent. Also a- greed that the City office and Park Caretaker, Ocea Edwards, should be informed of all large group reservations. Zoo at Old City Councilman Jacobs' suggestion for q feathered fowl and Park deer zoo at the Old City Park was favorably received by the council and encouraged him to get a pair of swans that were available. More trees will be needed at the Park for this project, as well as the City Park, and will be delegated to the Shade Tree Committee. M d'+ A U V New City Building Inspector Larry Brundage appeared before the council explaining the city did not have a need for a full time inspector and would be willing to conduct a joint city -county inspection department upon the council approval. Councilman Barker made the motion to integrate a City -County Euilding.Inspector on a six month's trial ba sis providing him with a part-time secretary with the unde standing that the department would perform under city jur- isdiction at a salary of $1,200 per month. Councilman Tom sic seconded the motion. It was determined that all fees would be collected by the city and departmental costs woul be divided 50-50. The fees collected for -county permits would be applied toward the 50% of the_total cost of opera ing the department. Costs will be calculated monthly and the county billed accordingly. Also, the county commissio ers agreed to direct their requests or complaints through Councilman Tomsic, thereby eliminating more than one boss. During the meeting Mayor McDougald telephoned County Com- mission Chairman Leo Burr informing him of council's motio and to see if the county would agree to adopt building cod identical to;those of the city. Mr. Burr agreed. The motion passed=unanimously. Police Chief Mel Dalton presented the written job ap- plication of John Mealey asking the council's consideratio for employment with the Police Department. Councilman Tom sic made the motion to hire Mr. Mealey on a 90 day trial period, Councilman Barker seconded, and was passed unanim- ously. Mayor McDougald discussed the Grand County Water Con- servancy District's request to the city concerning a speci service district. Advice from the District's bonding agen was that the conservancy district should proceed with form ing a special service district primarily for construction of the dam, and not be involved with distribution and charges. Further review by their attorney and the city attorney will be necessary before any action is taken by the city council. City Administrator Bretzke brought up a discussion co cerning Chapter 26, City Code, Water and Sewer, Section 26-40 through 26-55 as it applies to extensions and additi to the water and sewer system. Bretzke has been following the Code as close as practical, regarding requiring develo er and land subdividers to pay for all installation charge for water and sewer mains serving new developments, includ ing installation of five hydrants at the developers expens this plus charging the required customer connection fee fo both water and sewer. This was formerly $200 each for bot water and sewer, and recently was raised to $300 each with the enactment of new water and sewer rates. Building InsIbtoh to work for county, also s Policeman Mealey's application approved Grand County Water 1 Conservancy Dist. -Chapter 26, City Code, Water/Sewer ns , The ordinance provides for the city to reimburse devel- Section 26-51 opers for their expense when it applies to "master plan mains", providing "no reimbursement shall be made in any year in which such funds would be necessary to meet the principle or interest payments falling due on water and sewer revenue bonds then outstanding". according to Sectio 26-51. In prior years, there was a surplus over operation an maintenance expense, which allowed the city to contribute towards expense of extending water and sewer lines to sery new developments, but with the expenditures in excess of $200,000, this present year in adding new trunk water line and new wells, the City Administrator could not see how th City could continue this practioe. Mayor McDougald advised Councilman Barker to contact Grand Junction, and Councilman-Tomsic to check with Provo, as to what their water and sewer extension policy.is. The meeting adjourned at 9:40 P.M. Extension of water and sewer lines Grand Junction and Provo water and sewer extension pol icy Adjournment 282' Regular meeting Attendance Wiseman sworn in Minutes approved Rezoning request TTEST: Wm. Dean McDougald, Recorder June 7, 1977 A regular meeting of the Moab City Council was called o order by Mayor Wm. Dean McDougald at 8:00 P.M. in the ouncil Chambers. Councilmen present were James Wiseman, arold Jacobs, Keith Peterson, Marge Tomsic and Dixie Barker. lso present were City Administrator David Dretzke, City At- orney Hank Ruggeri, City Engineer John Keogh, Street -Water - ewer Superintendent Lynn Day, and Deputy Recorder Judy arshall. The oath of office and swearing in ceremony of Council - an James Wiseman was administered by Moab City Court Judge onald D. Crist. The minutes of the regular council meeting held on May 7, 1977 and special council meeting held on May 24 were ap- roved on a motion made by Councilman Darker, seconded by ouncilman Jacobs and approved unanimously. A public hearing was held before the Moab City Council nd the Moab City Planning Commission to hear a request by ack Payne to rezone property located on Kane Creek Boulevard rom R-2 zone to I-1 zone, comprising of approximately two cres, for the construction of a central maintenance yard, ncluding maintenance building and asphalt mixing table for he Park Service. The property is described as follows: Be - inning at a point which is common with the SE corner of the tate Road Yard and which bears North approximately 1060 feet, nd East approximately 1320 feet from SW corner, Section 1, 26S, R21E, SLBbM, and proceeding thence North with the East oundary fence of the State Road Yard 400 feet, thence East 20 feet, thence South 400 feet, thence West 220 feet along he North side of Kane Creek Boulevard to the point of begin- ing. Rezoning approved The Planning Commission Chairman, Harold Gaither, was resent and recommended approval on behalf of the Planning ommission. A hearing was held before the Planning Commission o hear the request for rezoning on May 5, 1977, at which ime a vote of the Planning Commission was unanimously in avor of the request. Mayor Wm. Dean McDougald asked for com- nts from the citizens in the audience pro or con, and none ere heard. A motion was made by Councilman Jacobs, second- d by Councilman Tomsic and approved unanimously that the re- oning request be approved. The motion passed unanimously. Jack Cashman, representing Western Road Machinery Com- any was recognized. He explained facts about the regener-_ tive type air system sweeper manufactured by TEMCO and mount- d on a Ford chassis. This is a demonstrator model sweeper ith approximately 15,000 miles on it. He stated the sweeper as delivered today and is scheduled to be put into service he following day. Right-of-way in Leah Ellis raised the question concerning the street original 25 blocks ight of way between the back of the curb and property lin 'n the original 25 square blocks in the city. Mayor McDou Bald voiced his objection to the abOdonment of public treets and stated that the Ron Steele case should not .pen the city for additional vacations of street right of ay. After considerable discussion, a special meeting was alled at 10 A.M. at the P b W Trailer Park concerning dis position of this question. Mrs. Virgine Johnson was present regarding Johnson Subdivision. The Planning Commission had met with Mrs. Johnson on May 26, 1977. The following is an excerpt from the mdnutes of that meeting: On May 26, 1977, Mrs. Johnson resubmitted the Johnson ubdivision plat to the Planning Commission for approval, s the original improvement date had expired January 1, 1974. i It was determined by the Planning Commission that the ten lost do not meet the new 90' wide subdivision re- �uirement, but the Board expressed no objection. They did stipulate that property owners would be required to sign an agreement acknowledging responsibility for subdivision requirements as outlined in the Moab City Code before buil ing permits would be issued. Jim Wiseman so moved adding a sidewalk requirement and time limit for improvements. Sam Taylor seconded the motion, and it was passed unanim- �usly. Mrs. Johnson was advised that she would have to petition the Board of Adjustment for a lot size variance and that the Moab City Council would consider final ap- proval. It was the consensus of opinion of the Council that Lots 5, 6, 7 and 8 should be divided into three lots and that perhaps a variance could be granted by the Board of Adjustment on lot 10 and lots 3 and 4. The motion was mad by Councilman Tomsic to reject the Planning Comm ssion re- commendatibn. The motion was seconded by Councilman Bark and approved unanimously. She will have to be referred to the Nanning Commission. Connie Caouette presented to the Council a proposed list of committee members for the 75th Anniversary cele- bration of the City of Moab. It was recommended that this be an adhoc committee to work on this celebration only. The following people were suggested: O. C. Caouette Sam Taylor Ron Auger Harold Jacobs Keith Peterson Dixie Barker Harvey Merrell David Bretzke Bill Meador Theron Johnson Bill Foote Les Erbes Ila Corbin Gen Pope Mary Pogue Ralph Miller, Jr. Grand County Travel Council News Media Chamber of Commerce City Council City Council Community Development Grand County Commission Moab City Schools Schools Schools : News Media Women's Clubs Civic Clubs Daughters of Utah Pioneers Retail Merchants The motion was made by Councilman Wiseman to accept the committed members as proposed. The motion was second ed by Councilman Tomsic and approved unanimously. Homer Manson and Ralph Dunn, discussed the city ordi ante in reference to trucks over two tons parking on city street. They stated they had moved their trucks upon re- quest but that there are still several others parking on residential streets. They also stated acid trucks had been seen parked on 4th East. Mr. Dunn stated'he had op- erated his shop for 23 years and saw a zoning map which d fined the allowable parking areas for trucks. He wondered if it could,be expanded to include all of 4th East and is North streets. It was indicated that this would take a zoning change or possibli establishing a saparate ordinan designating truck parking areas within the city. The mat- s 283 �R1 x\e CPu' c. c,A('\\ Johnson Subdivision Lot Division 75th Anniversary Celebration Committee members accepted Truck parking 2 8'4' Private patrol and security guard ser- vice Police applicant, Kim Robertson Resignation from Board of Adjustment Increased cost of Blue Cross -Blue Shield Installation of flow meters Fertilizer for Golf Course Public Service Commission Dogwood Avenue er wws referred to Councilman Wiseman to study the problem. 10 Z 7 Mr: Kit Brown, citizen, raised the question about ob- aining a business license for a private patrol and security uard service. The city Attorney stated that the city is mmune from liability when they issue licenses under the unicipal Immunity Act. Attorney Ruggeri had been in con - act with the City of Salt Lake and described briefly how hat city handles this type of license. He stated he was aiting for a copy of this regulation from the City Attor- ey of Salt Lake City. The matter will be brought back up hen Attorney Ruggeri receives this information. Council- n Tomsic made the motion that the matter be tabled until e hear from Mr. Ruggeri. Councilman Wiseman seconded the otion, and it passed unanimously. Sergeant Rowley was recognized by Councilman Wiseman oncerning police officer applicant, Kim Robertson. ,Council - an Wiseman asked what the policy is concerning the hiring f new employees for the Police Department. City Admini- trator Bretzke responded that applications are submitted ither to the Police Chief or the City Administrator. When vacancy occurs, the applications are reviewed by the Chief, ho in turn recommends an applicant to the Administrator for nterview. When the Chief and the Administrator agree upon n applicant, the Chief makes a criminal record check and ersonal investigation of the applicant. This should be one before an oral interview with an applicant and the ity Administrator. After the oral interview, if both the dministrator and the Chief concur on the applicant, the ap- licant (if available) or the application form is brought afore the City Council for an interview with the City Coun- il. If the Council concurs with their recommendations, the pplicant is immediately hired. CitS, Administrator Bretzke ndicated that the Chief and he had come to a conclusion that obertson's application would not be pursued any further. t was the opinion of the Council not to hire Mr. Robertson s a police officer. The motion was made by Councilman Tomsic and seconded y Councilman Barker and passed unanimously to accept the esignation of James Wiseman from the Board of Adjustment and Tanning Commission. The City Administrator had issued a memorandum pertain- ng to the increased cost of Blue Cross -Blue Shield and two roposals from Gem State Mutual administered by the Utah eague of Cities and Towns. The Council members indicated hey were satisfied with the present Blue Cross - Blue Shield rogram. A motion was made by Councilman Barker, seconded y Councilman Peterson and passed unanimously to retain the lue Cross - Blue Shield program. The City Administrator brought up the matter concerning he recommendation of the State Engineer to install flow eters at all water sources, wells and springs. Water Super- ntendent Day stated that we only need one new meter and one eter repaired, and we would be able to meter all water pro- uction in the city. City Administrator Bretzke wanted to know whether the ouncil would aurhorize him to order special fertilizer for he golf course. It was recommended that this matter be dis- ussed at budget time. A discussion was held concerning the lack of response o Administrator Bretzke's request to the PUblic Service ommission for a formal public hearing concerning customer eposits for the Utah Gas Service Company. Councilman Barker de the motion, seconded by Councilman Tomsic, that the City dministrator be instructed to write a latter to Governor atheson with a copy being sent to Representative Milly 0. ernard regarding the lack of response to this request and oicing their dissatisfaction with the Public Service Commi- sion. The motion passed unanimously. Councilman Jacobs discussed Dogwood Avenue. He stated e had obtained a quotation from Brenda Griswold on leveling nd hauling in 326 cubic yards of gravel, which would yield M da M A U U a four -inch gravel base plus rolling and packing this base at a cost of $3,045.00. Councilman Peterson made a motion to reaffirm a previous council motion to barricade t-e street. The motion was seconded by Councilman Barker and a „ roved unanimously. Councilman Jacobs indicated that the burning at the dump would stop the first week in July and that the lower portion of the dump was about ready for use. He would like to have,the City Council observe the progress to date. He recommended hours of operation from 9 A.M. to 6 P.M. Tues- day through Sunday. He indicated there probably would be three separate dumping areas: 1. Logq and trees. 2. Tire 3. Refrigerators, water heaters and stoves. Councilman Jacobs indicated that the city crews were making provisions for dumping of septic tank cleaning ser- vices in a manhole located on Mr. Nay's property on Kane Creek Boulevard on Pack Creek. Councilman Jacobs indicated there would be two 8-ft. gates for a 16-ft. opening install ed on this man's property. He further stated the City woul gravel the road to the site and that he felt some type of arrangement should be made on Mr. Nay's water bill pertain- ing to the use of this property. It was suggested that the city charge governmental agencies who use it and no dumping would occur prior to noon on Sunday. Councilman Tomsic stated licenses would be due the first of July and that if the Council wished to upgrade the fee 'schedule it should be reviewed as soon as possible. Councilman Tomsic stated licenses would be due the fir of July and that if thetouncil whshed to upgrade the fee schedule it should be reveiwed as soon as possible. Councilman Peterson, representing the Grand County Housing Authority, of which he and Councilman Tomsic are members, stated he recommended authorizing an expenditure of $9,494 from the City of Moab to the Grand County Housing Authority. There would be no cash involved in this but jus the authority for the Housing Authority to use this money from the State. The question was raised about G. A. Larsen's noncom- pliance to:the letters sent from the City directing him to clear the building on his property on north Main Street as the building is a fire hazard. The motion was made by Councilman Wiseman, seconded by Councilman Barker and appro ed unanimously to instruct the City Attorney to take legal action against Mr. Larson for maintaining a fire hazard on his property. The question was raised about the need for a 5-ft. sid walk on this property, and the Council decided that this matter would be taken up at some future time. Councilman Tomsic would talk to Mr. Meador about the possibility of the School District requesting a 5-ft. sidewalk on 4th Nort Street. Councilman Barker stated that a member of the County Commission had approached her about,the possibility of the County taking over animal control on a county -wide basis. Councilman Barker mentioned there is a need to fill th new City Manager position and also suggested a review of David Bretzke's performance. Councilman Barker mentioned a pressure relief valve on 4th North and 1st West in relationship to the shut off of th water at the City Pool. Councilman Jacobs responded that this was caused by a gasket leak on the pool service line. This brought up a discussion of the consulting engin- Nielsen, Maxwell & Bering services of Nielsen, Maxwell, b Wangsgard. The Wnagsgard Council indicated concern that they didn't feel the City is receiving the best in engineering services from this fir It was suggested that Art Maxwell be requested to come down the dya before and review recommendations which the firm had made in the past and review current problems. 285 Landfill Septic Tank Cleaning Services License fee'. Schedule t Grand County Housing Authority Fire Hazard on Larsen property Sidewalk for schools Animal Control Filling Manager position Pressure relief valve 2's Subdivi- 414son sion Emma and Janie Walker Bills approved Gas for City Busi- ness Adjournment Adjourned meeting Vacation of right- of-way Parallel parking on Center Street Regular meeting John Keogh brought up a discussion concerning Cecil Thompson's subdivision and the need for installing a sealer line across Mr. Borreson's property and stated that a sewer line easement would be given to the city. The details had been worked out between these property owners. There was discussion initiated by John Keogh on behalf of Emma and Janie Walker involving renumeration to Janie for property damage caused by construction of the bridge on Mill Creek. There was a question regarding a fence which she had installed on her property. It was decided that John Keogh and Harold Jacobs would contact her to attampt to arrive at a settlement. The motion was made by Councilman Tomsic, seconded by Councilman Jacobs and approved unanimously to approve the bills as presented in the amount of $17,801.59. Councilman Jacobs stated he has been using his personal vehicle considerably on city business and requested a tank of gas per week for his car. Councilman Peterson stated he felt this should be approved but that he felt Councilman Jacobs should be given gas on an as-needed'basis. All Coun- cilmen expressed approval of this. The meeting was adjourned by mutual consent at 11:50 P.M. ATTEST: Wm. can McDougald, ty Recorder ayor June 8, 1977 An adjourned Council Meeting was held at 10:00 A.M. on the above date in front of the P i W Trailer Park on 4th East. Those present were Councilmen Jacobs, Tomsic, Wiseman, Barker and Peterson. City Administrator Bretzke was also present. Mayor Wm. Dean McDougald was absent. Council members met at the above location to determine action which they would take at a formal meeting of the City Council concerning vacation of right of way between existing property lines and existing curb lines. It was the consensus of those present that the City consider vacating existing right of way in the original 25-square block township to ad- jacent property owners to within 5 ft. of existing curb and gutter. It was recommended that parallel parking only be permit- ted on both sides of Center Street between 2nd East and 3rd East in front of the junior high school and the baseball field. ,Signs are to be posted on both sides of the street. wit' ✓� Dean hfclySugal d / Mayor ATTEST: David J. Br tzke, CitRecorder June 21, 1977 A regular meeting of the Moab City Council was called to order in the City Council Chambers at 8:00 P.M. by Mayor Wm. Dean McDougald. In attendance were Councilmen Barker, Ot rtl 00 A U V Jacobs, Tomsic, Wiseman and Peterson. Also in attendance ere City Administrator -Recorder Bretzke, City Attorney Ruggeri, City Engineer Keogh, Street -Water -Sewer Superinten dent Day and Deputy Recorder, Judy Marshall. The minutes of the regular council meeting of June 7, 1977 were approved on a motion made by Councilman Barker, seconded by Councilman Tomsic and approved unanimously. The minutes of the June 8, 1977 adjourned special meeting were corrected to read as follows: It was the consensus of those present that the city consider vacating existing righ of way in the original 25-06are block township,to adjacent prrty owners,to_within 5 ft; of`existing curb and -gutter 287 Minutes approved , `1 omission- _-- _t. garding vision AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1965 As AMENDED, RELATING TO THE OFFICIAL ZONING MAP BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 27-5-2 of the Ordinance of Moab City, 1965% as amended, relating to the official zoning map of the City of Moab, be, and the same is, hereby amended by the addition of the following: "(K) The follwing described real property zoned R-3, Resi- dential Zone, is hereby rezoned as C-2, Commercial Zone. Lots 17, 18 and 19; Block E, Utex Subdivision." (Said described property is located;on North Highway 163.) e property that the rezoning on the property be allowed as specified in the agenda. The motion was second ed by Councilman Wiseman and approved unanimously. An advertised public hearing was held to consider hether or not the City Council will consent to the crea- tion of the Grand County Special Water Service District, as is being considered by the Board of Grand County Commis sioners in their regular meeting of June 20, 1977 of the intention to create said district. K. E. McDougald and Everett Schumaker discussed the creation of the Grand Coun Special Water Service District. Councilman Barker stated the Economic Development Committee has gone on record as supporting the District. The project is estimated to cost 3�Z million dollars. A 1 million dollar interest -free loa has been granted, and another $600,000.00 is anticipated from the Four Corners Regional commission and the State Fish and Game Department. The balance of approximately lk million dollars would be financed by an ad valorem propert tax. Water is to be sold to agricultural and other uses within the valley. Mayor McDougald stated that he wanted to go on record that if there is relief in the mill levy in the future that the City of Moab Receive an appropriate reduction in the purchase price of water from the District Resolution 3-77 was presented to the Council for consider- ation of adoption. Councilman Barker made the motion to adopt Resolution 3-77 as presented. Councilman UITg c seconded the motion, which was approved unanimously. The resolution gives consent of the city to the creation of th District to include the City of Moab. Elgin and Thompson are to be excluded from the District. Grand County Special Water Service District Bob and Yvonne Hawks were present to discuss renewal Garbage contract of their garbage contract. They are operating on a one- year extension of their`contract, which will expire on Jun 30, 1977. The motion was made by Councilman Tomsic, secon ed by Councilman ar er and approved unanimously, to table the matter until the Council had an opportunity to discuss whether to go to a bid and the terms of such a bid as to whether to include curb -side pickup as opposed to back -of - house pickup and whether they sould consider once a week collection to twice a week collection. 287 - Agri' t��d'� . t „c,t f' 40 ,P' +--,J� ._7 i'•10 ?l,F: Wg2..3 _'sj 41.13-e[Y�_dam ;�3W0' - - An advertised public hearing was held jointly before Planning Commission the Moab City Council and the Moab City Planning Commission Meeting regarding to hear a request from Andrew K. Steens, Vice President, Utex Subdivision Mi Vida Enterprises, to rezone property, located in Utex Subdivision from R-3 (Residential Zone) to C-2 (Commercial Zone) to be used by Jim Sarten, dba North American River Expeditions. The property is described as follows: Lots 17, 18 and 19; Block E. Utex Subdivision. Councilman Wiseman made the motion that the City Coun- cil approve the application made Sy�drew Steen for rezon- M ing with the understanding that the individual who is run- ping the business on that land terminate the business on that land if a lawsuit is started by some resident of Utex Ca Subdivision. The motion was seconded by Councilman Tomsic. U Following some discussion on a question on the motion, the V tion was retracted by Councilman Wiseman and Councilman Tomsic. Councilman Jacobs made the motion that on the stiF- ulation of Mr. Steen and Mr. Sarten HIT { hey will clean and improve the property that the rezoning on the property be allowed as specified in the agenda. The motion was second- ed by Councilman Wiseman and approved unanimously. An advertised public hearing was held to consider Grand County Special hether or not the City Council will consent to the_crea- Water Service ' tion of the Grand County Special Water Service District, District as is being considered by the Board of Grand County Commis- sioners in their regular meeting of June 20, 1977 of the intention to create said district. K. E. McDougald and Everett Schumaker discussed the creation of the Grand County Special Water Service District. Councilman Barker stated the Economic Development Committee has gone on record as supporting the District. The project is estimated to cost 31i million dollars. A lz million dollar interest -free loan has been granted, and another $600,000.00 is anticipated from the Four Corners Regional commission and the State Fish and Game Department. The balance of approximately lh million dollars would be financed by an ad valorem property tax. Water is to be sold to agricultural and other uses within the valley. Mayor McDougald stated that he wanted to go on record that if there is relief in the mill levy in the future that the City of Moab Receive an appropriate reduction in the purchase price of water from the District Resolution 3-77 was presented to the Council for consider- ation of adoption. Councilman Barker made the motion to adopt Resolution 3-77 as presented. Councilman c7 sic seconded the motion, which was approved unanimously. The resolution gives consent of the city to the creation of the District to include the City of Moab. Elgin and Thompson are to be excluded from the District. Bob and Yvonne Hawks were present to discuss renewal ' Garbage contract of their garbage contract. They are operating on a one- year extension of their contract, which will expire on June 30, 1977. The motion was made'by Councilman Tomsic, seconc- ed by Councilraerinrizer and approved unanimously, to table the matter until the Council had an opportunity to discuss whether to go to'a bid and the terms of such a bid as to whether to include curb -side pickup as opposed to back -of - house pickup and whether they could consider once a week collection to twice a week collection. 2i6tiance amending Building Code An ordinance amending the Building Code to bring it up to the 1976 edition from the 1973 edition was proposed to the Council. The recommendation was made to adopt the building permit fees as stipulated in the 1976 edition of the Code. This amounts to about a 140% increase over the present rates. The motion was made by Councilman Tomsic, seconded by Council- man Bar er and approved unanimously, to table the discussion. Then the 1973 edition of the Code was adopted, the fee schedule was excluded and by Resolution 5-55 adopted the present fee schedule. Appointment to Councilman Wiseman suggested that Dennis Wilburg be ap- Board of Adjustmen•pointed to the Board of Adjustment to fill the remaining por- tion of his term, which expires January 1, 1981. He further stated he had discussed his recommendation with Keith Brewer, Chairman of the Board of Adjustment, and Mr. Brewer was in agreement with the suggestion. Mayor McDougald stated he would like to table making an appointment until he had an op- portunity to talk to Mr. Wilburg regarding the possibile appointment. Southeastern Utah Richard Walker, Planner with the Southeastern Utah As - Association of sociation of Governments, was present at the request of Ad - Governments ministrator Bretzke to discuss flood plain management tech- niques relating to issuing of building permits in the flood - plain areas. He left three publications with Administrator Bretzke for review. Patrol and Security Kit Brown was present in regard to a determination of Guard Service Moab City Regulations in regard to establishing a private patrol and security guard service. Attorney Ruggeri stated he had checked with the City Attorney of Salt Lake City and that he had received a copy of Salt Lake City's ordinance stipulating regulations for this type of service. Mr. Rug- geri stated he would have an ordinance ready for the next meeting regarding a private security service. Pressure zones Art Maxwell stated he had been checking out pressure within the City zones within the city water system. In checking our pressure zone three, which includes everything west of 1st West Street and North of Millcreek, he found some valves which should have been closed were open and some valves which should have been open were closed. He explained that upon opening valves hich should have been open and closing valves which should have been closed the result was that pressure was reduced to 80 pounds. Mr. Maxwell also reviewed priorities recommended to the city in the past from his consulting engineering firm. These recommendations included desanding devices for water lines near the water source. He also recommended a pressure reducing valve at the corner of 1st West and 4th North. He also discussed his recommendation for telemetering controls, hich would give automatic control of the level of water in the city reservoirs and would automatically start and shut off various pumps. Mr. Maxwell further recommended that Mountain View Reservoir No. 2 could be flushed of sand by adding another service connection higher up on the tank and using the existing service connection to drain out the sand. Upgrading sewer Mr. Maxwell stated that he felt the city should be ser- plant iously'considering upgrading the sewer plant in the next few ears. He stated that 75% federal finding can usually be ob- tained in upgrading sewer systems. He recommended an infil- ration and inflow study of the system. He stated that pri- ary studies of need should be made during the dry part of the year and the wet part of the year and both in hot and cold weather. Advertising for Councilman Barker made the motion, seconded by Council - bids an Tomsic and approved unanimously, that the city advertise for bids for accounting and auditing services for the fis- cal year July 1, 1977 to June 30, 1978. Bids will be accepted up to 7:30 P.M., Tuesday, July 5, 1977. BIds are to be open- ed at 8:00 in the regular council meeting of July 5, 1977. Robin's Nest Sub- Councilman Wisseman raised a question regarding storm division .rain problems in Robin's Nest Subdivision. It was pointed gut that Mr. Delbert Oliver has signed agreement on record that he will correct the storm drainage before he receives a release of money which he has in escrow from the city. It was suggested that Chiefa'f Police Dalton look into Truck parking areas the problem of finding areas in town in commercial zones t designate as truck parking areas. Signs could be placed to direct trickers to these designated truck parking areas and the lagal parking areas designated by signs. Councilman Jacobs invited all members of the Council visit the city dump site. He stated burning will be stopp July 5, 1977. The bills were approved in the amount of $20,870.34 from the General Fund and $30,350.00 from the Revenue Shar- ing Fund on a motion made by Councilman Tomsic, seconded b Councilman Bar ecf rand, approved unanimously. The meeting adjourned at 10:50 P.M. by mutual consent. ATTEST: David J. Br Wm. jean McDougal, May ke, Cit ,'ecorder June 23, 1977 The Moab City Council met in special session on Thurs- day, June 23 at 1 p.m. for the first presentation of,the fiscal year budget 1977-78. Members present included Mayor McDougla, Dixie Barker Marge Tomsic, Harold jacobs, and Jim Wiseman. Absent was Keith Peterson. Also present was David Bretzke, City Admin istrator-Recorder and E. J. Claus, City Auditor. Councilman Jacobs had to leave due to prior commitment out of town and wanted to see that the following items were included in the budget listed as follows: New truck for Water/Sewer Superintendtent $6,600.00 Animal Control Officer Vehicle 4,200.00 Five Metal Buildings and Concrete Pads for the City Wells 15,000.00 Sewer Cleaner, water jet type and mechanical type 15,000.00 Three protable radios 2,500.00 Additional Water meters 4,000.00 Improvements to the City Shop (includes sump, and drain field, wash rack) 2,000.00 One additional man on payroll (plus fringe benefits) 800.00 One laborer (plus fringe benefits) 500.00 Metal Building Additional to the Shop 15,000.00 Discussion of thse garbage dump centered around a main tenance man at the dump on a contract basis. $600.00 per month should be included in the budget and also rental equi ment which would be a dozer owned by Lynn Day to be $15.00 per hour times 2 hours equalling $30.00 per day, or approx- imately $9,360.00 rental costs for the year. One man at the $800.00 range would be an iqUipment. op erator to operate the street sweeper. Councilman Jacobs left the meeting at this point. The Council discussed the possibility of transferring Transferring funds $90,000.00 from the General Fund to the Water/Sewer Fund. After considerable discussion, it was decided that $90,000.i0 would be transfered In this 1976-77 fiscal year from the 289 Bills approved Adjournment Special meeting Attendance Items for budget submitted by Jacobs Sweeper operator 290 Collector Road Fun Various departmenta budgets Contributions Miscellaneous Full time Recreatio Director Council reviews Recreation budget 75th Anniversary Revenue Sharing Meeting scheduled with Golf Associa- tion Adjournment General Fund to the Water/Sewer Fund and that the Council would consider transferring an additional $100,000.00 in the 1977-78 budget from the General Fund to the Water/Sewer Fund. The Council considered the Collector Road Fund and re- commended that $17,933.00 be transferred from the Mill Creek Bridge Fund to the Collector Road Fund. The Various departmental budgets were received by the Council. The Council recommended a decorator shade rather than cloth for the Municipl Court and Treasurer's office, under the Judicial section of the budget. The question was raised on the Inspection portion of the budget under expense item number 16, Departmental Supplies. Councilman Tomsic and City Administrator Bretzke wanted to check to see why this figure was raised from $225.00 last year to $850.00 this year. Under Streets and Highways, the Council recommended an increase in the capital outlay expense from $7,050.00 to $14,050.00 to include items earlier mentioned by Councilman Jacobs that were not included in the Administrators budget recommendations. Most of the items mentioned by Councilman Jacobs were already included in the proposed draft number 1 of the budget. Under Waste Collection and Disposal_, the Council recommended increas- ing expense item number 17, Rent of Property and Equipment, from 0,800.00 to $9,360.00. City Council considered the Contributions Miscellaneous portion of the budget next and discussed the Recreation Board Contribution of $2,800.00. It was explaineid that Glen Richeson and Lyn Allan both work for the Recreation Board,and Mr. Richeson's salary for the summer if $3,600.00 and Mr.` Allan's'is $3,200.00 for a grand total of $6,800.00. The City Council discussed the possibility of better co- ordination between the City and County in the School District in relation to the Recreation Board. It was recommended by Councilman Barker that the City consider employing a full-time Recreation Director to supervise the activities of the Recreation Department. The Council reviewed the 1976 City Recreation budget which amounted to a 1976 budget of $22,100.00 and that actual expen- ditures for 1976 amounted to $29,885.90. Anticipated revenue equalled a budget figure of $22,100.00. The Council'directed City Administrator to calculate a budget for a Recreation Director for the balance if 1977-78. The City Council recommended placing a new budget item under contributions called the 75th Anniversary. The Council recommended a one-time appropriation in the amount of $2,000.00. City Auditor and City Administrator told the City Council that with anticipated revenue and beginning fund balance from the previous year that there would be $238,475.00 available in Revenue Sharing funds, and that due to the requirement the federal government requires Revenue Sharing funds to be expend- ed within two years after receipt, the Council would have to spend at least $43,000.00 this year or would loose additional payments on the revenue sharing. The Council decided to take this under advisement at the next meeting. The City Council indicated that they would be attending a dinner at the Sundowner at 7 P.M. on Tuesday, June 28 to meet with the Golf Association and that they would return to the City Council room at 8:30 for a continued City budget me- eting. Meeting adjourned. 1A....0 Wm. Dean McDougald Mayor ATTEST: 291 C7 ri o0 C U V David J. Betzke, Cy Recorder= June 27, 1977 The City Council met in a special session on June 27, 1977, at 7:30 p.m. in the Council Chambers. This meeting was a continuation of the budget discussion, which was on ginally scheduled for Tuesday, June 28, but Mayor McDougal called for the meeting to be held June 27. Members present were Mayor McDougald and Council mem- bers Jacobs, Tomsic, Barker and Peterson with Councilman Wiseman absent. The Council considered the second draft of the 1977-7 fiscal year budget. Revenues were reviewed and it was de- termined that general sales and use taxes would be revised from $111,750.00 to $214,215.00. The Council then reiterated that they would like to transfer $17,933.00 from the Mill Creek Bridge Fund to the Collector Road Fund. Mr. Bob and Yvonne Hawks were present at this meeting to discuss their proposed garbage conttact..Three differen alternatives were discussed as presented by Mr. Hawks. Th= Council discussed the possibility of the continuation of t e existing service which consists of twice a week collection back yard pickup. The possibility also was discussed of - having once a week back door pickup, however, the contract did not indicate a desire to do this. The Council also discussed once and/or twice -a -week pickup on the curb. It was the general consensus that they would desire to have twice a week back door pickup. Mr. Hawks recommended that there be a sixty pound total weight limit on the back door pickup. Councilmen Barker, Peterson and Tomsic recommende. that the present service remain as is and Councilman Jacob remained neutral on the matter. After considerable amount of discussion lasting more than half an hour, it was recommended by Mayor McDougald that Bob Hawks be granted a' three year extension on his present contract because of the ekcellent performance by Bob's Sanitation. This would be an emergency extension any the rate would be increased from $4.50 per month to $6.00 per month with a sixty pound weight limit per pickup. The Council recommended that Mr. and Mrs. Hawks attend the for mal hearing of June 30 for final disposition of this three year extension. The Council discussed the Recreation Director's positi with the City. The Council indicated their wishes not to have such a position with the exception of Councilman Bark - who was still interested in seeing this position filled. City Aministrator Bretzke also recommended that the positi be filled and supported'Councilman Barker's request. Councilman Wiseman arrived at the meeting at 9:12 p.m. Councilman Dixie Barker recommended that the $8,000.0� Revenue estimate for'the Recreation Department operations be removed from the budget and that the $11,850.00 for the Recreation Program be deleted from the budget also. Council then began to review the budget by department. There were no comments made on the Administrative. The next item was Judicial. It was recommended that the salar ies be reviewed for this department and that the position part time clerk be refuted from $3:50 an hour to $2.50 an Special meeting Attendance Council reviews second draft of budget Transfer of funds Garbage contract Three year garbage contract extension nRecreation Director Revenue for Recrea- tion Department 292 Capital outlays Streets and High- ways Waste Collection and Disposal Miscellaneous Con- tributions Revenue Sharing New municipal pool Building permit fe Personnel manual Drainage on First East and Third South hour and said change to be reflected in the next draft of the budget. The next department reviewed was the Inspection De- partment. There was discussion of purchasing a compact ve- hicle for the Inspector. Councilman Tomsic reported that the $850.00 previously in question, included in the budget was for code books to sell to contractors and that the city ould eventually get it money back on this item. It was also decided that a compact vehicle would be purchased for the An- imal Control Officer. The Council recommended that all capital outlays be taken out of the General Fund and charged to the Revenue Sharing Fund. Each account was adjusted to reflect this charge. Under discussion of Streets and Highways, it was recom- mended that $25,000.00 be added to expense account number 16, Special Departmental Supplies, be increased from $5,000.00 to $25,000.00 Under Waste Collection and Disposal, a new figure was in- serted for Professional and Technical Services under expense code number 18, to be increased from $107,000.00 to $142,663.00. Council discussed the Miscellaneous Contributions portion of the budget and it was indicated that under Golf Course, $2,500.00 would be charged to Revenue Sharing for a contri- bution toward the purchase of a tractor at the Golf Course and an additional $1,500.00 would be a cash contribution from the General Fund and that a new account number was added in the amount of $3,000.00 for fertilizer for the Golf Course for a total contribution of $7,000.00. Council then went into a discussion of the Revenue Shar- ing budget. It was reiterated that there was approximately $238,000.00 in finds available and that $43,000.00 had to be spent this year. Council reviewed each of these items and the following items were recommended for appropriation: Administration Police Equipment Streets Water/Sewer Equipment Golf Course Equipment Parks Municipal Court Inspection Department Animal Control Swimming Pool Swimming Pool Capital GRAND TOTAL Project $2,000.00 8,000.00 14,050.00 110,050.00 2,500.00 15,000.00 700,00 4,200.00 4,400.00 1,500.00 75,000.00 237,400.00 The Council recommended setting aside funds to start building a new Municipal Pool in the City. Councilmen Tomsic,and Barker indicated that they would study the possibility of increasing building permit fees to something in line with a 40% increase rather than a 100% in- crease and that the business licenses and contractor's licenses would also be reviewed for changes. The, Building permit fee nd the new building code would be adopted soon and the bus- iness licenses would be considered for changes in the follow- ing year of 1978-79. The Council also decided that they would continue the study of the personnel manual sometime after July 5 in a special meeting. Councilman Jacobs said that he had been talking to Mr. Bill Shelton who lives at First East and Third South. He and John Keogh and Lynn Day had reviewed the drainage situa- tion at this location and Councilman Jacobs recommended that he approach Mr. Walter Pugh about the possibility of vacating the entire street and using the east twenty-five feet for a private driveway to serve Mr. Shelton's property. This would be a cement driveway to the back of this property and then there would be a cement ditch down to Mill Creek. If the Council could convince Mr. Shelton they would recommend that his additional twenty-five feet of the street would be deeded to Mr. Pugh, allowing him to have an additional seventy-fi feet to the east of his existing property. The exact amou t of right-of-way to be given to Mr. Shelton would depend on the size of the street that would be constructed at this location. 293 Council discussed the Special Improvement District #4 Special Improvement in regard to Mr. Clarence Engstrom not having completed this District #4 paving project. It was the general consensus that a lette ould be written to Mr. Clarence Engstrom, sent certified mail, return receipt requested, that he complete the project by July 15, or the Council would terminate his contract wish the City on this paving project. Meeting adjourned. Adjournment ATTEST: CM David J. etzke, ity Recorder Ca V June 30, 1977 Wm. Dean McDoug•- d, May A special meeting of the Moab City Council was called Special meeting to order in the Council Chambers at 8:00 P.M. by Mayor McDougald. The full council was present with the exceptio Attendance of Councilman Keith Peterson. Also present was E. J. Clau , C.P.A.; Dave Bretzke, City Administrator -Recorder; Judy Marshall, Deputy Recorder; and sixteen citizens in the audience. City Administrator, Bretzke presented the budget by 1977-78 Fiscal Year going through the Revenue estimated for the coming year. Budget The total estimated Revenue for the fiscal year 1977-78 is anticipated to be $844,776.00 with expendable revenue from fund balance being $177,471.00, yielding a total estimated revenue available for the year of $1,022.247.00. Total general government appropriation for the coming year will be $894,897.00 adding to that figure the federal Revenue Sharing portion of the budget that was recommended in the amount of $127,350.00, yielding a grand total appropriatio of $1,022,247.00. The City Administrator indicated that accounts had been removed from the various departments and placed in the Revenue Sharing portion of the budget. City Administrator continued on through the budget di -Departmental descrip, cussion describing the various departmental accounts starti g tions with the Administration. Total budget for this department was $94.538.00, the Judicial department came to a total of $38,166.00, Elections, a total of $2,000, and the Police . Department had a total of $125,931.00. At this point, Red Stewart, Spokesman for the Retail Merchantis Association, made the request that Police salaries be increased as this particular matter had been discussed at a recent Retail Merchants meeting involving some fifteen merchants. The Council then stated that a Comprehensive Personne Comprehensive Evaluation Committee had been working on a study of creati Personnel Evaluation job description, a personnel manual and a pay plan and tha Committee the Council had reviewed this pay plan and had come up wit recommended pay ranges and steps for all city employees. A considerable amount of time was spent on discussin6 Police salaries the salaries of the Police Department and it was, on a moti•n by Councilman Barker, seconded by Councilman Wiseman, a Council decided to consider a 13% raise in the Police De- partment salaries over 1976-77 budget year salaries in an 294 amended budget within the next few weeks. This motion was aroved. Spring in Mill Flora Evans, a member of the audience, spoke up at this Creek point. She was interested in knowing why the City bought a well on the Sand Flats when there is a perfectly good spring that the City owns that is going to waste in Mill Creek. She was informed by the Council that this spring did not meet state standards. Inspection Depart- The next department reviewed was the Inspection Depart- ment ment totaling $25,326.00. Animal Control Department came to a total of $17,734.00. Council was then advised by three ladies from the audience, that Dr. Barbara Zimpel had indi- cated that she wanted to stop using the Vet Clinic as a dog shelter and that she did not have enough, room for her own case load. The ladies stated that Dr. Zimpel would recommend that Council consider building a new Dog Kennel on a joint venture perhaps with the County. These ladies were asked to eet with Councilman Jacobs, Councilman Wiseman and Dave Bretzke before the July 19th meeting to discuss the possibil- ities of an animal shelter. Flood control Swimming pool 13% salary increase Council schedules study session Council then reviewed the budget for Flood Control which had a total budget of $2,000.00. Streets and Highways had a total budget of $130,030.00. Sanitation, Waste Collection nd Disposal was discussed next. It was noted that antici- pated expenditures over last year's expenditures was $103,046.00. 33% more of this figure would amount to $137,360.00. The udget reflects an estimated expenditure of S142,663.00 which is offset by anticipated revenues in the like amount. It was ecided that the final budget figures would not be changed o reflect this miscalculation. Council resumed the budget discussion, beginning with he budget for the Swimming Pool totaling- $21,826.00, Parks epartment being $21,735.00. Then,a discussion of Contribu- ions was called and Councilman Darker said that she wanted o explain the increase of expenditures of $1,000.00 for the hamber of Commerce over 1975-76 acutal year expenditures. he explained that the reason for this was that in last ear's budget, $1,000.00 was transferred from the Parks De- artment to the Visitor's Center for maintenance of these rounds. On a motion made by Councilman Barker, seconded by Coun- ilman Wiseman, Council decided to consider a 13% salary in- rease to all full time employees at the amended budget session. he motion was unanimously approved. It was determined from brief estimate that the additional cost might be as high s $17,000.00 including fringe benefits. The Council decided to have a study session Council meet- 'ng on Tuesday, July 12, to consider the proposed amendments o the 1977-78 budget and the City Administrator would adver- ise, on July 7, for a public hearing to consider amending the udget to be held on Tuesday, July 19, the time to be 8:00 P.M. Resolution 6-77 Councilman Wiseman made a motion to approve Resolution approved -77 to send Steve Broenell to the Police Academy. Motion was econded by Councilman Barber and unaaffousl;y. approved. Dozer for landfill Administrator Bretzke brought it to the Council's attention hat he had received a letter from Mr. Peter Parry regarding he lease of a 1963 model TD-18 dozer for use at the existing andfill site to be leased until September 30, and also that meeting was going to be held on Wednesday, August 6, at 1:00 .M. to discuss the National Park Service's contribution to he City of $60,000.00 for financial aid in the development f the sanitary landfill to be located 13 miles south of town. Administrator's agreement Council then discussed a proposed working agreement made y City Administrator -Recorder, David Bretzke. Mr. Bretzke ad requested a two year contract with four months reverence ay provision along with other items to serve as City Manager nder Ordinance 6-77, creating the position of City Manager. M M G4 U V The Council indicated that they prefer not to,appoint Mr. Bretzke as City Manager, but to have him serve as City Ad- ministrator and Recorder for one year term w}th a two mont reverence pay in case of removal by the CounEi 1. The Coun cil was given an evaluation form that had been submitted t them by the City Administrator and discussed !the various high and low points, with the overall evaluation being goo Councilman Jascobs reinterated his sentiments concerning Ordinance 6-77 that he was opposed to it without a refer- endum of the people. A final motion was made by Council- man Barker, seconded by Councilman Tomsic, to continue David Bretzke and City Administrator -Recorder through June 30, 1978, with a review of his performance on April 30, 19 8. The termination dates would be changed to read sixty days both ways and any discussion of the Administrator's salary would be heard at the same time all employee's salaries ar reviewed. The motion was unanimously carried. Meeting adjourned. Adjournment Wm. May ATTEST: i• A A)V David J. Br the, Ci,' Recorder July 5, 1977 A regular meeting of the Moab City Council was called Regular meeting to order in the Council Chambers at 8:00 P.M. by Mayor Wm. Dean McDougald. All Council members were present except Attendance Councilman Wiseman who was on vacation. Also present was Max Day, Police Chief Mel Dalton, Ron Auger, City Auditor; Ed Claus, C.P.A.; and Hank Ruggeri, City Attorney; Nate Knight, David Adkison, Phil Porter, City Administrator Bretzke, and City Engineer Keogh. 1 On a motion by Councilman Darker, seconded by Council Minutes 9pprOVed man Jacobs, the minutes were approved 'as amended, the cor- rection being that Councilman Peterson was not present at the June 21 City Council meeting. The motion was unanim- ously approved. City Council opened bids for financial accounting and Bids opened for auditing services for the current year. Ronald L. Auger auditing services proposed monthly computer financial report and associated bookkeeping for a monthly fee of $500.00, an annual audit for $3,500.00 and entraordinacy conferences for specific needs requested by the City Administrative staff of City Council would be billed at the current rate of $20.00 per hour. E. J. Claus submitted a letter which indicated that it is the policy of his firm to negotiate fees for profes- sional accounting services rather than to bid. No dollar amounts were mentioned in their bid for the fiscal year 1977-78, as well as their bid for the previous year. Mr. Claus pointed out that there were too many contingencies facing a flat rate of doing monthly financial reporting and that basically the individual firm doing the financial reporting would end up doing a 13 month report. Ron Auger indicated it awarded the bid he would have an IBM system available to run the financial reports on computer. A motion was made by Councilman Peterson to accept the bid submitted by Ron Auger for the financial and audit service The motion was seconded by Councilman Barker. On,a vote, Councilmen,Peterson and Barker voted aye; Councilmen sic and Jacobs voted no. Mayor McDougald was left to brea the tie. At this point, Mayor McDougald left the Council Chambers with City Attorney Ruggeri to discuss alternative Upon returning, the Mayor voted no and also stati:d that he 295 296 Easement request Police applicant interviewed elt the monthly work should be done by E. J. Claus as it has een done during the past year and that the audit work should e done by Ron Auger. .On a motion by Councilman Tomsic, se- onded by Councilman Barker, it was determined that the nthly work be done by E. J. Claus and audit work performed y Ron Auger. The motion was approved unanimously by the ouncil. Max Day appeared before the Council requesting an ease- ent across City Park property southeast of the Old City Park. ity Attorney Ruggeri indicated that Mr. Day would not acquire dverse rights from the City of Moab if the City permitted him o use City property for a right-of-way to the proposed build- ng site for a residence. On a motion by Councilman Tomsic, econded by Councilman Barker that the Mayor would write a etter to Max Day granting him a right-of-way to his proper- y across City property for his personal use. The motion was nanimousl aroved. Chief Dalton introduces Phil Porter, n applicant for the Police Department. After several ques- ions, Councilman Tomsic made the motion to confirm his ap- ointment, seconded by,Councilman Jacobs, and unanimously ap- roved by the Council. Film on liquid pet- roleum gas tanks Parking of trucks on City streets Bill from Eagle Uniform Company Appointment to Board of Adjustment Sidewalks for ele- mentary schools Sidewalk on Fourth North Street Mr. Russ Cronk and one other gentleman presented a twenty inute film to the City Council entitleed "BLEVE", which dealt ith liquid petroleum gas tanks storage and transportation. he film described the danger involved in explosions and the erious consequences when several tanks may be involved. The olice Chief stated that his entire,,department was aware of he fact that these LPG gas trucks traveling through town ere not allowed to park on the streets of Moab at any time. Chief Dalton gave a report concerning parking of trucks ver two ton capacity on City -streets. Chief Dalton stated hat there has been a concentrated crack down on these trucks hroughout the City during the past month and that his first commendation would be to do nothing but continue as before uring the past month, advising on a individual basis, and econdly, that First West Street be marked from Second North o Fourth North Street with signs allowing truck parking. ity Council recommended that the Police Department continue oing what they had been doing in the past and refrain from lacing signs on First West Street. Chief. Dalton advised the City Council that he had bill from Eagle Uniform Company in Salt Lake City, for un- forms purchased by former Police Officer Charles -Snodgrass. e asked if the City would be willing to pay the bill in the mount of $54.67. City Council indicated that they felt the ity should pay the bill. Mayor McDougald stated that Dennis Wilberg had not off- cially been appointed to the Board of Adjustment and that he ad not had an opportunity to discuss his possible appointment o the Board of Adjustment and that this matter should be abled at this point. Council held a discussion concerning sidewalks serving he various elementary schools in Moab. Councilman Tomsic ndicated that School Superintendent Bill Meador was to con - act Mr. G.-A. Larsen concerning his property on Fourth Nor- h and North Main Street. Councilman Jacobs said that he would figure out cost es- imates for installing a sidewalk on Fourth North Street from ain Street to First West Street. It was estimated that the istance was 470 feet and would possibly cost approximately 3,500.00 for a 5 foot wide sidewalk. Council further dis- ussed the possibility of establishing a sidewalk improvement isctict leading to the various schools in the city and the eed for establishigg,such districts in the city. If a dis- rict was established, the City could get by with 4 foot side- alks on both sides of the street, but if sidewalks. were only ne side that they should be at least 5 feet wide. Mr. Kit Brown spoke to the council concerning his pre Private 297 vious request for conducting a private security and guard Security and service within the city. Attorney Hank Ruggeri'was asked Guard Service if the ordinance was prepared. Attorney Ruggerf responded by saying that he apparently mCsunderstood the intention o the Council at the last meeting that he was supposed to ha e it prepared; but that he would have it prepared for thane t meeting. Councilman Tomsic indicated that she had complaints Fireworks for 4th from people who came down from the mountain to see the Jul 4th fireworks and that there weren't any. She recommended that next year they consider having fireworks'on'the 4th rather than on the 24th, which they are scheduled for this year. ' Councilman Barker raised the question about the gar- Garbage contract bags contract. She asked if the city was paying the con- tractor, Bob Hawks,,based on the billing that the city sen s out or -based on the revenue received from the customers. City Administrator responded that they are paid on the ba- sis of the customers who are billed rather than on actual collection. Councilman Barker also stated that certain dances at Dances at City Park the Old City Park had been advertised on radio, T. V. and M newspaper and also on the P. A. system as a public dance. She emphasized that people can have a dance at the Old, 00 City Park, but should not advertise the dance. Council U approved of this statement. V Council discussed the possibility of increasing the Fees for garbage city's fee for billing Bob's Sanitation customers. Pre- collection viously, the City has been charging $160.00'per month for the collection of these bills. Council suggested going to 10% of the amount billed and discussed 10X versus 5%. On a motion made by Councilman Peterson, seconded by Council- man Tomsic, it was determined that the City would collect' 5% of the charges'made to customers and bill this back to Bob's Sanitation. Harold Jacobs abstained and the remain- der of the Council approved the motlon.(04/.,,h-• yr-w Councilman Jacobs mentioned that a meeting was to be held the following day, Wednesday, July 6, at 1 P.M. with Peter Parry, from Arches National Park to discuss the use of their bulldozer and their contribution of $50,000.00 to the city landfill. Mayor McDougald mentioned that he had been approached by an individual to consider purchasing the Roy Holyoak Well for $150,000.00. This well is south of the Corbin Well. City Council did not show any interest in this matter at this time. Meeting scheduled with Arches Nationale-1 Park Roy Holyoak Well City Engineer John Keogh discussed his and Councilman Janie and Emma Jacob's recent visit to Emma Walker's property. He had Walker's property talked to Janie and Emma Walker concerning filling and lan�- scaping their property near the Mill Creek bridge. He es- timated that there would be approximately 7,000 yards of fill and felt that this could be used as an area to dump excess material up to a certain level and then put gravel and top soil on the top. Mayor McDougald recommended that whatever agreement was made between the Walker's and the city that it be put in writing before the actual work started. Engineer Keogh brought up the subject of Hobbs Sub- division located on MiVida Drive east of McCormick Blvd. There was a problem concerning cutting completely across Mi Vida Drive to service each individual lot with water service. It would be necessary to cross the'entire street and cross under two curb and gutters'and a fibe foot side- walk to get to this line. It was suggested that the City make one tap for water from McCormick Blvd. easterly to the first lot in the subdivision and then run a 6 inch water line in front of the houses, back of curb. Hobbs Subdivision roes re problem at Third South and Fourth East Thomson's Subdivi- sion and Kisida Subdivision Sand separator device Taking of minutes Resignation from Planning Commission Bills approved P. A. system Adjournment City Engineer Keogh stated that a new valve had been 'nstalled at Third South and Fourth East and that as far as e was concerned the city crews had corrected the pressure roblem in that neighborhood. This was a valve that had been ecommended in 1968 by Nielsen, Maxwell & Wangsgard, but ad never been installed. City Administrator, Dave Bretzke, mentioned two problems. ne, concerning Cecil Thomson's Subdivision and Kisida Sub- ivision. Bretzke said that Al Berna had approached Judy arshall concerning a waiver of installation of sewer line cross Borreson's property until a corn crop is harvested at his location. He felt that there wa no problem in letting hem do this, however, he did indicate that his particular ubdivision known as Thomson Subdivision had not had final ubdivision approval by the city, planning commission or city ouncil and that before any building permits would be issued, he subdivision regulations shall be met and final plat ap- roved. Council concurred with Bretzke's recommendation. ity Administrator,Bretzke stated that he had been approached y the county commissioners earlier that day concerning the ity taking over maintenance and billing the customers in isida Subdivision outside the city limits. The county com- issioners had purchased this water system. The city council ndicated that they had never agreed to do anything with this ubdivision and was not interested in any dealings with it. Bretzke indicated that he had a letter from Carl Carpen- er regarding testing of a possibilty of using a,sand separator evice, which is installed in the well itself rather than an xpensive separator system on the water mains for desanding he city water system. Bretzke was to check into this further nd report back. Councilman Tomsic indicated that she felt there was no eed to have Judy Marshall attend Council meetings to take inutes. She felt,that the tape recorder should serve to be ufficient to make minutes of each council meeting. The meet- ng will be taped completely and then reviewed the next morn- ng. From this, the minutes will be taken.. Mayor McDougald indicated he had received a letter of esignation from Don Knowles of the Planning Commission due o the fact that he is moving outside the city. Mayor McDougald uggested the name of Bob Nelson to replace Mr. Knowles and fter a discussion with council, it was the general consensus f the council that Mayor McDougald investigate this matter urther. On a motion by Councilman Tomsic, seconded by Peterson, he bills were approved, including the bill from Eagle Uni- orms of Slat Lake City for $54.67 for uniforms purchased by harles Snodgrass and to delete $208.86 to Holmin Corporation or a P. A. system. Council approved unanimously. Councilman Barker indicated that the city could rent . A. systems from Royce's Electronics or borrow from KURA. ouncilman Jacobs indicated that a 20 watt P. A. system had een purchased for use at the swimming pool three years ago nd was in the City Hall office. Council meeting was adjourned at 11:24 P.M. TTEST: avid J. B z e, C ty Recorder G�i'n . i� /q ,,,4• 0 Wm. D an McDougalld, Ilyor 299 July 12, 1977 The City Council held a Special Council meeting on Jul 2, 1977 in the City Council Chambers at City Hall. All Council members were present. These included May . Dean McDougald, Councilmen Tomsic, Barker, Peterson, J bs, and Wiseman. Also present was City Administrator Davi. retzke, and John Keogh, City Engineer. Councilman Wiseman raised a question concerning Thoms. Thomson's Subdivisio ubdiv_ision that was asked by Al Berna, contractor. Mr. B= a had asked Councilman Wiseman about the cost of water an• ewer connection fees as well as cost of developing the sup ivision with sewer and water line. City Administrator retzke said that he had also talked to Mr. Berna and told im that it would be his responsibility to see that the sup ivision received final plat approval by the planning com- ission and the city council and that this approval be recd- . before any lots are sold and also that the subdivider a / r contractor developing the subdivision be required to in - tall water and sewer lines and install all services to th roperty line and still pay the $300.00 each for water and ewer connection fees to serve each lot. Special meeting r Attendance 01 City Administrator 6retzke brought up a discussion con ceD erning Frank Hobbs regarding the Hobbs Subdivision. Mr. Q obbs had met with Councilman Tomsic and Councilman Jacobs nd City Administrator Bretzke on June 11 and it was decid- d that the City would install a 6" PVC water line along he north side of Mi Vida Drive to serve the first seven ots from McDormick Blvd., easterly, in the Hobbs Subdivision or water. The City would pay the expense of installing th " line'to avoid having to cut the street for each water se ice. It was determined that a seperate sewer connection ould have to be made by cutting the street at least halfwa cross to serve the 'first seven lots. Council reviewed and oncurred with the decision made by Councilman Jacobs and omsic. The City Council then discussed the consideration of ranting a 13% across the board salary increases for all ity employees: City Administrator had provided the counci ith a list of all city employees, both full and part time, ndicating each employees 1976-77 salary, the budgeted 1977 8 salary, and grade and step level for each employee, and comparison of 13% increase over 1967-77 salaries. It was etermined that the total increase for salaries and fringe enefits for 13% across the board increase would amount to pproximately $20.000.00 more than what was budgeted in the une 30th approval of the 1977-78 city budget. It was de - ermined that the general fund would be effected by an ap- roximate $9,000.00 increase over the 1977-78 budget that as approved on June 30 and the balance would be charged to he water/sewer fund. On a motion by Councilman Wiseman, seconded by Council n Peterson, Council decided to raise the mill levy by two ills. City Administrator 9retzke said that one mill would ield approximately 0,000.00 in additional revenue. On a' ote, Council approved with Councilman Tomsic opposing. ity Council realized that this particular motion was a mo- ion of intent on the Council's part in the consideration o aising funds to balance the proposed budget. This matter' ould be discussed in detail at the June 19 public hearing f the City Council concerning a revision of the 1977-78 c y udget. The Council discussed alternatives for handling alary increases and it was the general consensus of the ouncil that they would approve paying the higher of the tw alaries listed of those that were in the original budget ersus the 13% increase over the 1976-77 salaries with the xception that any employee that had less than six months ervice would remain at the present 1976-77 salary and upon ompletion of six months service to the city their salary Hobbs Subdivision 13% salary raise Mill levy ould be riased 13%. 300 Engineer's fee schedule City Engineer John Keogh presented the council with the DTlowing statistics concerning his retainer and fee schedule or engineering services for the city: John Keogh's contract with Moab City provides that 1. He be furnished office for City, County and private business 2. That he receive $300.00/ month retainer which after having earned at agreed fee schedule he charges at same fee schedule for additional work. He supplies equipment, City supplies material. He furnishes truck with standard city mileage rate/mile. 1974 City Private man 9/hr 10.50/hr men 15/hr 17/hr men 20/hr 23/hr men 26/hr 32/hr Proposed Fee Schedules 1976 City Private 9/hr 12/hr 15/hr 24/hr 20/hr 33/hr 29/hr 40/hr 1977 City Private 9/hr 12/hr or 16 15/hr 25/hr 20/hr 35/hr 29/hr 44/hr Fees Schedule for City Work 1 man 2 men 3 men 4 men 10.00/hr 20.00/hr 27.00/hr 35.00/hr Approval of Enginee Councilman Jacobs made a motion, seconded by Councilman fee schedule eterson to approve increasing John Keogh's fees as presented y Mr. Keogh. His retainer fee would remain at $300.00 per onth and the proposed fees for a one man crew would be based n $10.00 per hour, a two man crew at $20.00 per hour, a three an crew ar $27.00 per hour, and a four man crew at $37.004er our. Mr. Keogh indicated that there has been one or two times wring the past eight years that had used a four man crew on ny city project. Mr. Keogh recommended that the council hire full time city engineer whenever the city can afford it as e felt the work load may, in the future, warrant this type f employee. The Council felt that they should begin looking nto the matter in the next two years. Placing city employ Council suggested placing John Keogh, Police Chief Mel ees earlier on alton and Water/Sewer/Streets Superintendent Lynn Day earilier agenda n the agenda after citizens are recognized to enable these em- loyees to leave the councjlmeeting earler in order that they o not have to wait until the end of the meeting to bring up ny matter they may have to discuss with the Council. Bids for pick-up The City Council authorized City Administrator Bretzke o advertise for bids for new pick-ups for the Building In- pector, the Animal Control officer, Water/Sewer/Streets uperintendent and a new police car. Uranium Avenue curb There was discussion of trade of trade of land be - and gutter ween Bob Hite; Tony Lema, and the City of Moab. City dministrator pointed out that property owned by them on Ur- nium Avenue was infringed upon by the curb and gutter, which as installed eight feet into the north side of their property. Trading land They requested that the City Council consider trading this ight foot strip of land approximately 250 feet long, by eight eet, for land owned by the City immediately east of this pro- erty, a strip of approximately 10 by 50 feet, more or less. Check ownership of City Council directed City Engineer Keogh to check owner - property hip of properties involved, and prepare quit -claim deeds to atisfy both parties. Flea Market at City Park Mayor McDougald mentioned that he had been contacted by allie Tibbits to use the city park for a flea market type ale on the northeast corner of the park, Saturday and Sunday, my 16 and 17, from 10:00 A.M. to 5:00 or 6:00 P.M. The pro- co da co Ca U V ceeds from this sale would go for students festival at BYU This flea market would be sponsored by the LDS Church, War I. Council recommended approving this request with the stipulation that no stakes be placed on the lawn or fires and that the area should be cleaned by the group and the trash generated would be hauled to the city landfill. An additional request had been made to City Administrator Bake Sale at City Bretzke be Pefe Duran from the Socio Club to have a bake sale in the city park on Pioneer Day, either July 24 or 25 Council approved this request providing that the same con- ditions be met as in the previous request by the LDS Churc Councilman Tomsic raised a question concerning finish Personnel policies ing up the personnel policies. She recommended that count 1 members contact her with any changes that they might have and that a meeting would be held by the council as soon as possible to complete this project. Councilman Barker raised a question regarding who's r sponsibility the park maintenance people would be under. was suggested that this matter be discussed at a later dat Councilman Tomsic said that she and Councilman Barker had been working on a proposed licensing and permit fee schedule ordinance amendment and that this would be ready for the July 19 Council meeting. Councilman Wiseman discussed a previous complaint he had received from Maggie Stricker concerning responce from the Police Department to one of her calls for aid. City Administrator stated that the Police Department was on Mai Street when they received the call from the dispatcher, an that everything was in order. Councilman Wiseman also sta ed that he had received several complements on the performanc of Leon Stocks, the Animal Control officer. 3.01 Park - Park Maintenance t Employees • Proposed licensing and permit fee schedule Police Department On a motion by Councilman Peterson, seconded by Coun- Garbage contract cilman BarEWITe previous motion, made by Councilman Pet- erson, seconded by Councilman Barker was withdrawn. It wa a motion to raise the Garbage collection fee by the city f r collecting the bills from $160.00 to 5%. This motion was withdrawn by unanimous approval. On a motion by Councilman Peterson, seconded by Coun- cilman BarkW7,--it was determined that the garbage service charge for city billing customers would be raised from $160.00 to $300.00 per month. The motion was approved un- animously. Wm. Dean McDougal, Mayo ATTEST: d J. Btzke, Ci July 19, 1977 A regular meeting of the Moab City Council was called to order in the Council Chambers at 8:00 P.M. by Mayor Mc- Dougald. All Council members were present. Also present was City Administrator Bretzke, Ed Claus, C.P.A., and City Engineer Keogh. The minutes of the regular council meeting of July 5, 1977, were reviewed and several corrections were made. Th corrections of this meeting are as follows: The last sen- tence of page 2, paragraph 6 would be deleted. Page 4, paragraph 5 would include the fact that council meetings would be taped completely, and also that the tapes would b reviewed the next day, and, from this, the minutes, would b Regular meeting Attendance Minutes approved Davi Recorder 302 Minutes approved as corrected aken. Page 3, paragraph 3 would be revised so as to separate he two different subjects. Page 1, parapraph 4, the last por- ion of the second to the last sentence should be moitted. age 3, paragraph 4, the motion was seconded by Councilman arker, not Councilman Tomsic. These minutes were unanimously pproved as corrected. The minutes of the special session held Jun3 23, 1977 were pproved as corrected on a motion by Councilman Tomsic, second- d by Councilman Jacobs, the corrections being on page 2, lines and 2, the word 'drape' should be changed to 'decorator hades,' and these shades will also go in the Treasurer's of - ice. Minutes of special The minutes of the special session of June 27, 1977, were session hen reviewed with the following lines inserted on page 2, aragraph 1, beginning on line 6: "The next department review - was the Inspection Department. There was discussion of pur- hasing a compact pickup vehicle for the Inspector. Council- n Tomsic reported that the $850.00 previously in question, ncluded in the budget was for code books to sell to contractors nd that the city would eventually get its money back on this tem. It was also decided that a compact vehicle would be pur- hased for the Animal Control Officer." These minutes were cceted as amended on a motion by Councilman Tomsic, second - by Councilman Barker. Minutes of special The minutes of the special session of June 30, 1966, were session pproved as corrected on a motion by Councilman Barker, second- d by Councilman Jacobs, the correction being on page 3, line , the word 'academy'. Minutes of special Next, the minutes of the special meeting of July 12, 1977, session ere approved as corrected on a motion by Councilman Wiseman, econded by Councilman Jacobs, the correction being on page 3, aragraph 10, the word 'Councilman.' 1977-78 Fiscal Year Council then moved on to discussion concerning the 1977- Budget a Fiscal Year Budget. City Administrator Bretzke explained o the Council that the budget presented at this night's meet- ng reflected the changes concerning the 13% salary increase or all city employees with six months service to the city. e went on to explain that the Renenue figures had been ad- usted to reflect more reliable figures based on having time o complete the June run of the financial statement. The bud - et presented, however, did not include the two mill increase. 4-H Youth Council Pam Walston, and five others representing the 4-H Youth ouncil were present to inquire about an animal shelter and f this had been included in the budget. Councilman Jacobs xplained that this possibility is being looked into and that t would probably be a joint effort on the part of both city nd county. Miss Walston gave the Council an updated estimate n the cost of a shelter of $35,000.00 and had previously sub- itted floor plans of the shelter. Any further decision were abled. Councilman Wiseman, being in charge of this particular apartment, explained to Miss Walston that he would like to et with the County Commissioners and discuss the matter with hem. He went on to assure her that action was being taken oncerning the matter and that some type of arrangement would e made before the deadline of January 1, when the Veterinary linic would be closed to the city. 1977-78 Fiscal Year The 1977-78 Fiscal Year Budget was adopted on a motion by Budget adopted councilman Barker, seconded by Councilman Jacobs with the stip- lation that this new budget include the two mill increase. he resolution No. 7-77 adopting the budget was so adopted on motion by Councilman Barker that the Mayor sign the resolu- ion for the 21.50 mill levy, seconded by Councilman Peterson nd unanimously approved. Monty Nielsen, from the Department of Community Affairs, nd Jeri Winger, from the Utah State University Price office, resented a film to the Council concerning Community develop- nt. The film lasted approximately thirty minutes. Department of Com- munity Affairs M d'+ M A U The second motion by Councilman Tomsic was that Coun Draft new ordinance U cil immediately &Uri new ordinance governing water/sewe connections within subdivisons. This motion was seconded by Councilman Wiseman. Motion unanimous y carried. There was then a discussion relating to city water/se Contractors' v 3 er connection fees concerning subdivision requirements for protest connection utilities. Mr. and Mrs. Al Berna and Mr. Frank Hobbs were fees present to protest the $600.00 charge per house within the subdivision when they furnished and installed the water and' sewer connections themselves with the purpose of dedicating it to the city after one year. They stated that the ordin- ance had never been interpreted like this until recently. At this time, the present schedule for water/sewer fee • Water/Sewer connec- was reviewed. Mayor McDougald asked Mr. Berne if there had tions been any fees assessed and he replied that there had not be n any, and that all the city had to do was to turn the water on-as_all installation and-connectiops-had-been.made, May_ MCDougaldz0olk Gilt`that there had'been aichange in poli regardidg water/'s a connections concerning tbe'new rates as of 110111:60l7 It was generally agreed that the ordinance in questio Ordinance'to be should be interpreted through legal council. Councilman investigated Tomsic made the (notion to use the existing ordinance for al approved subdivisions to date, July 19, 1977, and that the ordinance be immediately investigated to reflect actual co s. Councilman Barker seconded this motion. Under discussion, Mr. Bretzke questioned the connection fee. Mayor McDougal said the $600.00 connection fee pertains to individual con nections and not subdivisons ;Cnunril appeompd the motion with Councilman Jacobs opposing. _'CITY Op,MOAS. r' - - - ORDINANCE-W-9-77 AN ORDINANCE AMENDING CHAPTER 5, BUILDINGS, MOAB CiTY CODE 1965, A; - AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THT by, and theAsamecis, hereby5amendedhto Ordinances of Moab City, follows, towi1965, as amended : Sec 5 1 Building Code - - Adopted. That certain codes establishing rules and regulations for materials, use and occupatior and control of the design, construction, quality location and Edition, printedbaslaicode in bookuform Sad "Uniform Code," Conference Edition, p City, andeb fthislreferenceOfficials made ahereby part ofadopted is chaptertobuilding samecode extent City, y 1976 Edition, relating to fees and with respect of the "Uniform Building Code, to fees Section 5-3 is Confir.ted and approved." "Sec. 5-3. Same - - Permit fees. The n the e adoptedbythis building permit chapter shallcpelaslfollows1City for use under the Build- ing Cod Cost of Work Less t a�TOFXr $101 to and including $300 $301 to and including 500' $501-to and includil- Each additionari1; including 5 Each dd(t�ional fl t1V9000- to and 100 60.000' ;1. $ Each additional $1.00:-Qrel' - $1.00 50,000 - G114 IUD` --. -r 11P se n - lve (.75) for each fixture or drain. There shall be no charge for such permit where the cost of t .� Charge No charge $2.50 ' $5.00 10.00 co da 01 A U U uouniliman i6m4lc presented the fee schedules for Building permits that the Council had asked Councilmen Tom sic and Barker to prepare. The schedule which reflects an average 40% increase over existing fees, is as follows: Cost of Work Charges Less than 100.00 No Charge $101 to and including $300.00 $2.50 $301 to and including $500.00 $5.00 $501 to and incuding $1,000.00 $10.00 Each additional $1,000.00 to and including $15,000.00 $2.50 Each additional $1,000.00 over $15,000.00 to and including, $50,000.00 $1.50 Each additional $1,000.00 over $50,000.00 $1.00 _ Councilman Tomsic made the motion to amend Sec. 5-1 and 5-3 of Chapter 5, Buildings,M lfrdinance No. 9-77, adopting the 1976 Edition of the "Uniform Building Code" and adopting a new fee schedule. This motion was seconded by Councilman Barker add the motion was carried unanimousl . Upon a report by'Councilman Tomsic concerning fees fo Electrical and Plumbing permits, Councilman Peterson made a motion to adopt a new fee schedule under Chapter 7, Moab City Code, Electricity,and under Chapter, 19, Moab City Cod=, Plumbing; seconded by Councilman Wiseman as follows: "Sec. 7-2 Electricity - - Permit fees. The electrical permit fees applicable in the City for use under the Electrical Code adopted by this chapter shall be two dollars and fifty cents ($2,50) for the permit plus twenty -five cents (.25) for each outlet. There shall be not such charge where the cost of the job is fifty dollars or less." "Sec. 19-2 Plumbing - - Permit fees. The plumbing permit fees applicable in the City under the Plumbing Code adopted,by this Chapter shall be tw dollars and fifty cents ($2.50) for the permit plus seventy-five (.75) for each fixture or drain. There shall be no charge for such permit where the cost of Fee schedule for building permits "Uniform,Building Code" adopted New fee schedule for Electrical and Plumbing permits CITY OF MOAN UTAH ORDINANCE NO 12-77 AN ORDINANCE NARROWING A PORTION OF 100 NORTH STREET LYING BETWEEN-100 WEST STREET AND MAIN STREET Moab Townsite Section 1, T 26 S, R 21 E, SLB4M WHEREAS„ Petition has been duly made by Harold V. Johnson and Betty Jean Johnson to narrow a portion of'100 North Street adjacent to their property in Block 16, Moab Townsite, Section 1, T 26 S, R 21 E, mum, and WHEREAS the Petitioners, as adjacent owners have duly consented to the narrowing of 100 North Street as aforesaid and WHEREAS, the aforesaid narrowing of 100 North Street does not materially affect the public interest nr am, existing private rights and is in the best interest of the city NOW THEREFORE The City Coun it of the City of Moab, State of Utah, does ordain as follows BE IT ORDAINED 1 That certain tract of land i.ocated in the Northeast corner of -Block 16, Moab Townsite, Section"1, T 26 S; R 21 E, SLBiM, being that portion of 100 Forth -Street aforesaid described as follows Beginning at a 1/2' rebar which bears East 113 2 feet from the northwest corner of Block-le,''Moab Townsite, Seetion'1, T 26 S, R 21 E, SLB&M and proceeding thence North`45 feet to a corner, thence East 239 1 feet to a corner, thence South 4''5 feet to a corner, thence west 23, 1 feet to the point of beginning ' Each corner is nonumented with a 1/2r rebar, and is shown as Parcel 43 on that plat filed with tha Petition of Harold V Johnson and Jetty Jean Johnson, shall be vacated; narrowing that portion of 100 North Street by the dimensions of the parcel -so vacated, this vacation of ease the funds to Mr 7011Ver_ and`the Gity pp ` , Keogh t nspecthe site and make his reccumiendations -_Councilman eterson secondedthemotion and it was rarripd mna,mmmucly yor,NcDougatd stated that the funds would be releasedithe st rtion of 100 North Street shallinnowise impair the f,anchise rights of any public utility nor extinguish any xisting municipal utility rights evidenced by in place iimprOvements within the portion of 100 North Street so vacated. 2. The City Clerk' is directed to record a copy of this Ordinance in the Office of the Recorder, County of Grand, state of Utah, and to ;cause the same to be indexed in the name of the City.of Moab, Grantor and Harold V. Johnson and Betty Jean Johnson, Grantees. 3. This ordinanceishall take effect and be enforced from and after its passage and publication according to law. Passed by City Council, City of Moab, on July 19 _, A.D., 1977. Attest: David J. C►�etzke, Recorder SEAL Drainage specifica- tions from Plannin Commission William Dean McDougall, Mayor he funds any longer Councilman Wiseman pointed out that when the Planning Com- lssion approved the Robin's Hest Sebdlvision, tnaL -j,u was cer- in there were some specifications concerning adequate drain- ge, making Mr Oliver responsible to remedy the situation Oliver stated that this may be true, but that this had no- hing to do with the funds being held In the bank Mayor Mc- ugald asked the Cit Engineer, JohnvKeOgh, to look at the ite and make his recommendation to the COYncll Oliver requests Mr Oliver once again stated -that hit obligations as far funds in escrow be s the agreement holding his funds in escrow are concerned, have released met and that he would like,his funds released He also tated that he would cooperate with the Council in their wishes oncerning a drainage system, but that he would not install culvert Request approved Councilman Wiseman made the lotion that Council agree to lease the,funds,to Mrs pliyer and_theXity Engineer_keogh nspect the siteland male hi`syrecoomendatiogs ;-Councilman eterson secended,the motion and it was-rarrin.l mamanucly yor McDougald stated that the funds would be releassclahe� 304 Bills approved Street right-of-way on First North Request accepted creating Ordinance No. 12-77 Robin's Nest Sub- division Drainage in Robin's Nest Subdivision Drainage specifica- tions from Planning Commission Oliver requests funds in escrow be released Request approved the job is fifty dollars or less." Councilman Tomsic made one final motion that the bills e approved as presented with Councilman Barker seconding this otion and she then excused herself from the remaining portion f the meeting. Mayor McDougald recognized Attorney Aldine J. Coffman, member of the audience, petitioning the Council relating to street right-of-way on First North between Main and First est. He explained to the Council that the building line had een mislocated causing a problem concerning their deed for arold and Betty Johnson. They have asked Mr. Coffman to re - resent them in asking the Council to narrow that portion of irst North lying between Main Street and 100 West, which is djacent to their property. They did not desire the entire treet to be narrowed, but to narrow the street a distance of 11 feet along the course of the building running from the orner of the lot on the east to approximately 7Z feet west of he last building encroaching. Councilman Barker moved that the Council accept the request ade by Mr. Coffman as Ordinance No. 12-77 and she also stip- lated that the typographical error be corrected on page 2, f the ordinance. This motion was unanimously carried. Mr. Delbert Oliver, owner and developer of the Robin's est Subdivision, was present at the meeting to discuss the greement he has with the City of Moab. Mr. Oliver informed he Council that he had met with his attorney and they went ver the agreement. He reminded the Council that whe: _ first nitiated the subdivison, he put, in escrow or under an agree- ent, $20,000.00 in the First Western National Bank with an greement that he would put in all stipulated improvements. e then claimed that all improvements specified had been made nd that he had asked City Administrator Bretzke to release his unds six or eight weeks ago. He stated that Mr. Bretzke had nformed him that there is a potential flodd problem in this rea. Mr. Oliver agreed with this, but he also stated that e has met with all the specifications on the agreement, as he flood problem was not mentioned in the agreement. He went n to say that in view of the fact that his part of the agree- ent. He went on to say that l,n view of the fact that his part f the agreement had been fulfilled, he saw no reason for the undd to be held any longer. Administrator Bretzke pointed out that there were specifi- ations concerning the drainage, with the Planning Commission n the approval of the subdivision. Mr. Oliver again pointed ut that there was no such agreement In the document he held ith the City. He wanted to make it perfectly clear that if he City directed him to install some sort of drainage system, e would comply, but that there was no such stipulation in the greement and that the City, therefore, had no right to hold he funds any longer. Councilman Wiseman pointed out that when the Planning Com- ission approved the Robin's Nest Subdivision, that he was cer- ain there were some specifications concerning adequate drain- ge, making Mr. Oliver responsible to remedy the situation. r. Oliver stated that this may be true, but that this had no- hing to do with the funds being held in the bank. Mayor Mc- ougald asked the Cit Engineer, John Keogh, to look at the ite and make his recommendation to the Council. Mr. Oliver once again stated that his obligations as far s the agreement holding his funds in escrow are concerned, have een met and that he would like his funds released. He also tated that he would cooperate with the Council in their wishes oncerning a drainage system, but that he would not install culvert. Councilman Wiseman made the motion that Council agree to elease the funds to Mr. Oliver and the City Engineer Keogh nspect the site and make his recommendations. Councilman eterson seconded the motion and it was carried unanimously ayor McDougald stated that the funds would be releasedothe M M A V V oration, shall appear before the cars and employees of a corp- to his experience and f. police and submit to interrogation as othe detective license as required is Pt,r basic requirements tors a private J r CITY OF MOAB; UTAH A PROPOSED ORDINANCE NO. 13-77 AMENDMENT TO SECTION 13, MOAB ;.-.A4 AMENDED BY THE ADDITION OF ARTICLE IV„ "THROUGH 13-42, PRIVATE DETECT*E, CITY CODE 198[i; - r ` SECTIONS i3-32 - `��' ARTICLE IV PRIVATE:DETECT VE Sec. 13-32. License r ulred. It shalt b engage in the business of a unlawful for any person tf,i watchman, guard or Private detective, investigator, or providing for a such person first applies for and obte tains service icense from Moab C ty as here herein - (a) provided. (a) Licensing of employees required. No person may be engaged by licensee to work at the occupation of private detective, investigator, watch guard or nrivate patrolman unless said person shall have paid the sum or $5.00 and shall have complied with all provisions of th Sections 13-'35 and 13—ns. is chapter, excbi -,ec. 13-33. A lical tun for license. Ever tor license under this chapter shall ftle an application with the Moab appt ponllice depa ment which shall contain the Following information: experience. i i) The name and address of the applicant, together with hts age ar.7 (2) If the applicant is a partnership; the requirements of the precedt subsection shall be given regarding each member of the partnership together with the name of the person who is to be in active charge of the partnership. (3)li the applicant is a corporation the information required by sub- section (1) of this section shall be given for each officer and active member of the -corporation. (4) Each applicant, including members of a partnership and officers and employees of a corporation, shalli!kle with the chief of police at the time of his interview a photograph and fingerprints of himself. Sec. 13-34. R ferret to nd The application shall be referredenhance before the chief of lice, the CitiPF ..a be _ including members of a pairirtorahip offi accompanied by a i applicatiOn for a license shall be dollars, executed c apoorate surety �n the amount of $l ,000.00 of Utah and conditioned suretyt y, Y a Orizef r do business in the state with all of the laws and ordiriencesr'n aPPln9 for the license will comply and all lawful requirements made by: the business of a private detective occasioned to an y� ity Council and shall pay all darneaes Y person by r on misstatement fraud, or deceit of the licenajas 'ao his a nt or misrepresentation, result from any other violation of law or ordinance in erremployee, carrying or which may , licensed, cart i y'ng on the buetness ary ma.., r' - rn Sec. i3-35. Bond r � credit records or ins- ��nn"4"1".•'•--- any sort of decision was out of the jurisdiction of any par ticular administration today and that this should come from a recommendation from a committee of people that have exper fence with this type of problem. He went on to say that he felt that the Council did not have the right to take this matter into hand. After a great deal of discussion, it was decided that there would be a committee to study this issue, the committee to be called "Street Use Study Commission," t study vacating portions cif:the original 2s square blocks of the original Moab Townsite. The committee members would be Councilman Peterson, Councilman Barker, K. E. McDougald, Dick Allen, Jack West, Irvin Nightingale, Ralph Miller, Jr., Dick Hammer and Bill Hines. Ex-officio members will be City Administrator Bretzke and City Engineer Keogh. -2- Sec• 19-36, License Fee. The annual license fee For a private Y R license shall be based upon a Fee or .t30.00 dollars part thereof For an individual licensee, and upon thePer annum or a,' f. partnership or the number of officers a number of persons t and employees to the corporation, it ` a partnership or corporate license is applied for in accordance with the follOw- ,, ing schedule- (1) For each person,, $5.00 per dollars � P annum or any part thereof, and for any additional personnel the fa shell be $5.00 /annum , dollars b, C Per person per ,ii ' Sec, 13-37, Issuance of lice ' . Upon the written application of the _ chief of police filed with the City Co '~ be rant � 1, the application for a license shall /i granted or denied by the City Counj�l who may act upon such recommendation and such other information which they- y have concerning the a scant. applicant. Sec, 13-38, Proht ttlon on issuance of license. No license shall be �? the age of 21 years, issued to any person who is nqt a,citlien of the United States or who is under No license shallibe issued to a ny convicted of a felony by any State or United States court, ror hson h has been 1. convicted anywhere of an art or acts which if done in Us been CI assault, Theft, larceny, unlawful entry,late would constitute an property, unlawfully usingor extortion, buying or receiving stolen A tools, ty, having been guilty of or ,arrying Weapons or burglars crimes involve ty �% escape from lawful custody or of a crime or G9. j involving moral turpitude, or who has been convicted in any other State of acts which if done in Utah would be a felony, unless the City Courtil of Moab shall first make a determination that issuance of a license to such an tndivtd -tal would not be against the public interest, license to any person who shall make any false statement in hots application shall be issued _ detective's license, and any false statement application for a private revocation of any license issued hereunder. shall be grounds for immediate - Sec, 13-39. License not transferable. No license granted under the dopted provisions of this chapter shall be transferable. �eteC- Sec, 13-40, License to be carried. carry on his person at all times a Each person so licensed shall Card issued by the city recorder of Moab private detective, City certifying that said person Is duly licensed to carry on the business ,f a Sec. 13-41. False re res en tlon rohibited. It shall be unlawful for any person to represent boa other tive or is em to ed b P � Jerson that he l5 duly licensed as a detec- P Y y a rivate detective agency when in fact he is not so licensed or employed. Sec. 13-42. Exclusion from cha ter. Nothing in this Article IV steal: be construed as requiring a license from a employed as a watchman b a fl ny watchman or person regularly credit records or insurance claims.�r corporation or any person investigating issi01 ernind ive CDunia Imam rei.c.._..___� cil to make some sort of decision reg■ru,-,,____ _ Study Commission. Mayor McDougald was of the opinion tn.� any sort of decision was out of the jurisdiction of any par titular administration today and that this should come from a recommendation from a committee of people that have exper ience with this type of problem. He went on to say that he felt that the Council did not have the right to take this matter into hand. After a great deal of discussion, it was decided that there would be a committee to study this issue, the committee to be called "Street, Use Study Commission," t study vacating portions of the original 25 square blocks of the original Moab Townsite. The committee members would be Councilman Peterson, Councilman Barker, K. E. McDougald, Dick Allen, Jack West, Irvin Nightingale, Ralph Miller, Jr., Dick Hammer and Bill Hines. Ex-officio members will be Cit Administrator Bretzke and City Engineer Keogh. t of justment ntract Study d'+ Q U V following day. Mr. Oliver brought up another problem concerning a par cel of land that he wants to develop into two residential lots. He stated that he is buying one lot that he would 1i to divide into two lots and that this would exempt him from subdivision ordinances. He stated that Mr. Bretkze insiste that in view of the fact that he is buying the land from on individual, he is retaining a piece of property and he is taking another piece of property and dividing it into two pieces of property that this constitutes a subdivision. Mr. Oliver stated that in his opinion, and in the opin ion of his attorney, this does not constitute a subdivision Mayor McDougald stated that the tract of land being referre to had already been divided once, and that if Mr. Oliver di vlded this land that this would constitute a third division fulfulling the definition of subdivision tract of land, mak ing Mr. Oliver not exempt from subdivision ordinances. Mr. Oliver pointed out that he could not be considered a subdivider because he only has enough room to divide the property into two lots. Councilman Wiseman recommended that he take this case the Planning Commission for review. Mayor McDougald asked Mr. Oliver to bear in mind that the Planning Commission is not a decision -making body, but an advisory board. He also stated that under all pertinent ordinances, this matter qualified as a subdivison, but that he felt there could `2 some kind of compromise. Mr. Oliver would be scheduled to meet with the Planning Commission. Next on the agenda, the Council was to review a propos ed amendment that City Attorney Ruggeri had taken from a Salt Lake Code regarding a private detective agency and at the meeting concerning this was Mr. Kit Brown. Mr. Brown said he had no intention of using guard dogs in his busines After much discussion, Councilman Wiseman moved that the Council accept the proposed ordinance No. 13-77 amendin Chapter 13, Licenses, Sec. 13, Moab, City Code adopting a new Article IV, "Private Detectives," requiring a corporate surety bond of $1,000.00, licensing fee to be $30.00 with an additional charge of $5.00 for each individual hired. Councilman Jacobs seconded the motion, and it was unanimous ly carried. Mayor McDouglad respectfully requested the postponemen of the appointment of Mr. Dennis Wilberg to the Board of Ad justment, as he had not had an opportunity to discuss his tentative appointment to the Board. Councilman Barker made the motion to accept his request and Councilman Peterson seconded this motion. Councilman Jacobs made a motion to finalize the three year garbage contract with BobTs Sanitation, with Councilma Barker seconding the motion, the motion unanimously carried Councilman Peterson stated tnat he would like the Coun cil to make some sort of decision regarding the Street Use Study Commission. Mayor McDougald was of the opinion that any sort of decision was out of the jurisdiction of any par ticular administration today and that this should come from a recommendation from a committee of people that have exper ience with this type of problem. He went on to say that he felt that the Council did not have the right to take this matter into hand. After a great deal of discussion, it was decided that there would be a committee to study this issue, the committee to be called "Street Use Study Commission," t� study vacating portions of the original 25 square blocks of the original Moab Townsite. The committee members would be Councilman Peterson, Councilman Barker, K. E. McDougald, Dick Allen, Jack West, Irvin Nightingale, Ralph Miller, Jr., Dick Hammer and Bill Hines. Ex-officio members will be City Administrator Bretzke and City Engineer Keogh. 305 Subdivision -ordin- ances concerning eOliver's parcel of land Division of Oliver's Land o Case to go to Planning Comnissio Amendment concerning private detective agency New Article adopted for private detec- tives Postponement of Board of Adjustment appointment Garbage contract finalized Street Use Study Commission 3.04'h of megtLng:. Street Sweeper Council Councilman Barker discussed her concern that Council eetings were lasting too long, and that entirely too many roblems were being addressed to the City Council at Council eetings, that were not on the agenda. She felt meetings should move more rapibly and specific items should be on the agenda. The Council generally concurred with her comments. Councilman Wiseman inquired as to the working order of the new street sweeper. Councilman Jacobs informed him that it was in good condition and that it had been operated just that afternoon. Schedule for streets Councilman Wiseman asked about the possibility of making, sweeper some kind of schedule for the street sweeper so that cars would be cleared off the streets. Councilman Jacobs pointed out that it was not possible at this time due to the fact that there is a lack of personnel that can operate the machine. Policeman at land- Councilman Wiseman also brought up the fact that there fill site hould be someone to enforce the new regulations at the land - ill site. He requested that a policeman be present at the ite and he issue a summons to violators dumping after hours r outside the landfill area and that the Judge should fine iolators up to $299.00 Signs at park pro- hibiting dogs Councilman Wiseman also asked about signs in the city ark prohibiting dogs. Councilman Jacobs told him that the igns had been prepared, but there was a question as to where hey could be posted. Councilman Wiseman also pointed out hat Mary Rees, the park maintenance worker, brings her dog o the park during her working hours. He stated that there 's an ordinance prohibiting any dogs at the park and that she s in direct violation of that ordinance and that some action hould be taken on this. Adjournment Councilman Barker moved that the meeting be adjourned, econded by Councilman Wiseman. Meeting adjourned at 12:27 P.M. Wm. Dean McDougald Mayoh TTEST: avid J. Bre ' ke, City 'ecorder August 2, 1977 Regular meeting A regular meeting of the Moab City Council was called to order in the Council Chambers at 8:00 P.M. by Mayor McDouoald. Attendance All council members were present. These included Mayor Wm. Dean McDougald, Councllmen Tomsic, Barker, Wiseman, Jacobs and Peterson. Also present were City Attorney Hank Ruggeri, City Adm4-istrator David Bretzke, City Engineer John Keogh, and Water - Sewer -Street Superintendent Lynn Day. Citizens present included A. J. Coffman, Dr. and Mrs. Broughton, Les Erbes, Frank Hobbs, Dick Unger, Bill Benge, Jim Walker, and Liz Ruggeri. Minute approval On a motion by Councilman Tomsic and seconded by Councilman tabled Wiseman, the review of the minutes was tabled until the next regular meeting of the Council. The motion was unanimously pass- ed. Request for apart- ment permit Mayor McDougald recognized Mr. A. J. Coffman, an attorney representing Dr. and Mrs. Broughton in their request for an apartment permit. Mr. Coffman explained that the unit will be Changed from owner -occupied to tennant-occupied and will remain a single family unit dwelling. He stated that this change is in accordance with regulations for non -conforming buildings and C+0 A V V uses. Councilman Wiseman motioned that the request by Dr. and Mrs. Broughton be approved and Councilman Tomsic secon ded the motion. The motion was approved unanimously. The drainage problem at the Visitor Center was then discussed. Frank Hobbs, who is building a subdivision, south of there voiced his concern. Recently the ditch overflowed, broke in two places and flooded down to Sam Taylor's property on 5th West and McGill. Problems and solutions were discussed. Councilman Jacobs stated that the ditch is full of weeds and should be cleaned periodi- cally since there is already debris in the ditch after it was cleaned Monday. John Keogh stated that the south end of the culvert is two-thirds full of mud and should be cleaned out. The City has been trying to obtain additiona funds to divert the floodwater elsewhere to permanently correct the problem but until that time it was agreed that the ditch and culvert should be kept clean. The Council next considered the purchase of a jet sewer cleaning machine from the Water & Wastewater Service Company. The price of a new unit would be $9,987 and the price of a demonstrator unit, with immediate delivery, would be $8,649. The jet operates under 1,200 lbs. pres- sure and has a suplemental nozzle on the side of the ma- chine. O'Brien and F.M.C. offer similar cleaners but they cost more initially and are more costly to service. Lynn Day stated that he has been fighting with the existing rod machines for quite some time. He was very impressed with the jet sewer cleaner because it locates holes to go through and cleans the lines much better than the present machine. Councilman Jacobs suggested that we use the machine to clean sewer lines, storm culverts and the bull- dozer at the dump. Councilman Peterson motioned to pur- chase the demonstrator machine and Councilman Tomsic sec- onded the motion. The motion was approved unanimously. Bids were opened for two compact pickup trucks. One is to be used by the building inspector and one by the animal control officer. Gaither Chevrolet submitted a bid of $4,300 for a 1978 Chevrolet Lub. Peterson Ford submitted a bid of $3,865 for a 1976 Ford Courier and $4,086.51 for a 1977 Ford Courier. Both are in stock and will be equipped with air conditioning. Councilman Wise- man motioned to accept the trucks from Peterson Ford and Councilman Barker seconded the motion. The motion was approved unanimously. The purchase of three portable two-way radios for the Water -Sewer -Street Department was considered. David Bretzke stated that $2,500 had been budgeted for this. Councilman Tomsic moved that the City put the radios up for bid with detailed specifications. Councilman Barker seconded the motion and it was approved unanimously. Councilman Tomsic made a motion to table consideratio of the Water -Sewer budget for 1977-78 and amendments to the Water -Sewer Ordinance as it pertains to connection fees until a special meeting Tuesday, August 9th at 8:00 p.m., and that all information relating to these two itmes be written and delivered to the councilmen in the next two days. Councilman Barker seconded the motion and it was approved unanimously. The Mayor recognized Water -Sewer Street Superintende Lynn Day who was concerned about the street problem betwe> Bill Shelton's property and the PAZ apartment complex on 3rd South and 1st East. Councilman Jacobs recommended the City abandon the street to give Mr. Shelton what he wants for 4 driveway and get PAZ to help pay for the cost of a cement driveway to control water drainage. Councilman Jacobs said he would try to get a decision from Mr. Shelt on what he wants to do and report back either next Tuesda or August 16th. 3'0 7 Drainage problem at the Visitor Center Purchase of jet sewer cleaner Bids for two pickup trucks Need for two-way radios Water -Sewer Budget and Water -Sewer Ordinance as it pertains to connection fees tabled Drainage problem between Shelton and PAZ property 3 rfckrn over with- drawal'of Multiple Use Act Trash rack to be installed in ditch $500 withheld from payment to the Engstrom Construc- tion Company Changes in Moab Report schedule Utah League of Cities and Towns Convention County summer picnic Pete Byrd permit Return of P.A. system Return of flags Drainage at Robins Nest Subdivision Superintendent Day wasalsoconcerned about plans to withdraw the Multiple Use Act for a year to study its impact. Such action by the Forest Service would have a tremendous impact on Grand County. The County has written a formal letter of protest and he suggested that the City do the same. Mayor McDougald stated he would write a letter. There will be a meeting August 11, 1977 to consider this proposal. John Keogh reported that a new trash rack will be installed Wednesday in the ditch near the Visitor Center to prevent debris from entering the culvert. City Administrator Bretzke recommended that the City withhold $500 from the payment to Engstrom Construction Company until they repair damage to a guard fence near Milt's Stop and,Eat. Councilman Barker so motioned and Councilman Peterson seconded the motion. The motion was approved unanimously. Mr. Bretzke asked that the Councilman inform Judy Marshall of any changes on who will attend Moab Reports. All Councilman agreed to do so. Mr. Bretzke informed the Councilman of the Utah League of Cities and Towns annual convention to be held September 8, 9, 10 in Salt Lake City. Councilmen agreed to see Marsha Christensen for further information and to make their reservations. Mr. Bretzke informed the Councilmen that the City has invited City Councilmen and all City employees to attend their summer picnic to be held August 27, 1977 at 6:00 p.m. at the Old City Park. Those who wish to attend should leave their names and $3.00 per person with Marsha Christensen in the City Administrators office. Mr. Bretzke informed the Council that he had been approached by Pete Byrd for a house permit. The Council requested that this issue be brought up with the Planning Committee. Councilman Tomsic wanted to know if the P.A. System had been returned. She was told by Mr. Bretzke that it had been. Mayor McDougald asked about the whereabouts of the State and American flags that had been in the Council Chambers. Councilman Jacobs suggested calling Southeast Elementary to see if they could be returned. Councilman Wiseman indicated that Delbert Oliver raised some objections to accepting a letter written by City Administrator Bretzke concerning drainage from the Robins Nest Subdivision. It was Councilman Wiseman's understanding that Mr. Oliver agreed to obtain necessary easements from adjacent property to handle the increased velocity of storm water runoff from the Robins Nest Subdivision. City Engineer Keogh and Mr. Bretzke discussed three alternate suggestions for handling the storm water which were indicated by a drawing and letter that was sent to Mr. Oliver. It was their understanding that he agreed to divert the water behind the Day-Nite Laundry westerly towards Milt's Stop and Eat. Mayor McDougald said that he did not think Mr. Oliver had to handle the water after it left the subdivision. The City Administrator said that he had released the $20,000 bond at the First Western Bank on July 29, 1977. Councilman Jacobs suggested that if the mobile home residents behind the Day -Nate Laundry had complaints they should voice them to the owner of the trailer park. Nor further definite action was taken on this matter. Councilman Tomsic stated that she wants to proceed with the personnel policies and proceedures that had been formulated by the Personnel Policy and Proceedures Com- mittee under the auspices of the Utah Intergovernmental Personnel Agency. She had asked for comments from the Councilmen but had only heard from Councilman Wiseman. She asked that this issue be brought up at the special meeting next Tuesday. Councilman Jacobs voiced extreme concern over the County's decision to place ten fire hydrants on the main line in Spanish Valley. He feels the City Council should inform the County that they can install them when they se up a water system. This line was paid for by city resi- dents. In addition, there probably is not enough,pressur to handle them. Councilman Barker stated that the County did not want to take any action until after the forth- coming bond issue. Mayor McDougald suggested charging $5.00 to county residents to use the dump. Councilman Barker suggested a joint meeting with the county to discus this issue and the fire hydrant issue. It was suggested to meet August 15, 1977 for a noon luncheon at the Greenwell Restaurant. Councilman Peterson motioned that consideration of Mr. A. R. Knight's request to trade land in lieu of Special Improvement District No. 3 assessment, curb and gutter be tabled until the minutes of the City Council meeting dealing with Special Improvement District No. 3 could be studied. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Peterson voiced concern over the conditio of the G. A. Larsen property. Hank Ruggeri said that Mr. Larsen had told him that he would have the building down by August 1, 1977 or remodel it to the point that it is a attractive building. Nothing has been done so far and th metter will probably have to be taken to court. Councilman Tomsic moved that the bills be approved a listed with the exception of withholding $500 to the Engstrom Construction Company until the fence is repaired. Councilman Peterson seconded the motion and it was approved unanimously. Meeting was adjourned at 10:48 p.m. ouga • ayor ATTEST: 141; David" J . t• z e, C y Recorder August 9, 1977 A special meeting of the Moab City Council was calle to order at 8:10 p.m. in the Council Chambers by Mayor McDougald. Four Councilmen were present, Marge Tomsic, Harold Jacobs, Dixie Barker and Jim Wiseman. John Keogh, City Engineer, Hank Ruggeri, City Attorney, Ed Claus, and Marsha Christensen were present. Councilman Barker made a motion that the July 19, 1977 minutes be approved. Councilman Wiseman seconded the motion and it was approved unanimously. On a motion by Councilman Barker and seconded by Councilman Wiseman, the August 2, 1977 minutes were table until the next regular meeting when corrections will be made. The motion was approved unanimously. - Personnel 0 9 policies an proceedures " County plans to install fire hydrants on main line in Spanish Valley Mr. A. R. Knight's request tabled until next meeting G. A. Larsen property Approval of bills Adjournment Special Meeting Attendance Minutes Approved Minutes tabled for next meeting C deration of 31 7 -78 Water - Sewer budget Approval of 1977- 78 Water -Sewer Budget Drainage problem between Sheldon and PAz property Consideration of revision of the Water -Sewer Ordinance as it pertains to connection fees The 1977-78 Water -Sewer Budget was then considered for approval. Ed Claus explained how and why this budget was put together. The State Auditor's Office requests a cash budget while state statutes require a budget based on full accrual. Mr. Claus said that this will create some confusion because in a budget based on accrual, any capital expenditure is treated as an expense, while in a cash budget any capital expenditure is capitalized and not treated as an expense. Mr. Claus, Councilman Jacobs and David Bretzke felt all that could be compared would be June and July of last year with June and July of this year. When the variables of gallons used, number of meters, and the rate change were considered, it was concluded there would be about a 30% increase over last year's figures. Based on a 30% increase, it was estimated that water sales will be $190,800 4s compared to $146,782 last year; and sewer service charges would be $93,210 as compared to $71,729 last year. Including sundry revenues ($8,300), and interest income ($2,000), the total revenue would be $294,310. Most expenditure figures were increased 5 or 10% to account for inflation. The figure for employee benefits includes the 13% pay increase, and the figure for building supplies and maintenance is $15,000 higher than normal this year because the water tanks need to be painted. Total expenditures are estimated at $258,345. A cash ruplus of $35,965 is estimated even though the financial statement for next year will show a loss because of depreciation. Councilman Wiseman moved to accept the Water -Sewer Budget for 1977-78 as presented. Councilman Barker sec- onded the motion and it was approved unanimously. John Keogh, City Engineer, explained a plan to handle the drainage problem at 300 South 100 East. 100 East, from 300 South northward approximately one block would be aban- doned. A strip approximately 20' wide and 255' long would be deeded to Bill Shelton who would in turn deed the re- maining 20.5' x 250' fronting his property to the Virginian Engerprise. Mrs. Day's son, Sarge, has indicated they have no desire to assume ownership of their share of the abandon- ment on the west side of the creek and north of the Shelton property. They would.deed their portion of the abandonment to the Virginian interest. These transactions and the Virginian abandonment share would create a total of 0.60 acres acquired by the Virginian Enterprise. It is hoped that the Virginian owners will agree to pave, curb and gutter the driveway and culdesac for Mr. Shelton in exchange for the acquired land. The proposal has been suggested to all parties but none have definitely agreed. Mr. Pugh indicates a lack of fi- nances and Mr. Sheldon questions getting his appropriate share. The Council agreed in principal with the proposal and instructed Councilman Jacobs to come back with a def- inite answer by the next council meeting. There was an extensive discussion concerning re- visions of the Water -Sewer Ordinance as it pertains to connection fees. Councilman Jacobs explained that on an individual lot where the City does all installation and labor the fee is $300 for sewer and $300 for, water. It is proposed that the City set a fee of $200 for water and $200 for sewer connection in subdivision where the subdivider does all installation, except for the meter which is in- stalled by the City. Councilman Jacobs suggested that this fee is justifiable in that the subdivider is paying for per- mission to use the services which have been paid for by City residents. He also feels the fees are necessary in order to pay for future expansion and maintenance because there will not be many more individual lots developed. 311 ot da LYJ Ca U V Councilman Tomsic stated that the existing ordinance has been interpreted in many different ways and everyone has not been treated equally. She does not object to assessing a fee, but, when a subdivider does all instal- ation, except for the meter, a fee of $200 for each servic is too much. Councilman Barker agreed. At this point in the discussion Councilman Peterson arrived. Mayor McDougald stated that it was his opinion that the fee for an individual lot where the City does all the work should be twice as high as that charged in a subdi- vision. He stated that it is not that we do not need the revenue but that it is not fair to assess the same fee for individual and subdivision connection. Councilman Tomsic agreed and suggested a fee of $100 for sewer and $100 for water connection fees. Councilman Jacobs stated that the value of the lot is enhanced by adding water and sewer and that the only other alternative is drilling a well and installing a septic tank. He further stated that most other cities of similar size assess such fees and that the subdivider will pass this cost on to the homeowner. Councilman Wiseman asked if the City brings water an sewer lines to the property line of the subdivision. The Mayor informed him that this is the case. Councilman Wiseman stated he did not feel that a fee of $1.00 per foot to cut an existing street to install new lines is enough. Councilman Jacobs stated that the City is break- ing even with that fee. Councilman Wiseman made a motion to establish a fee of $100 for water and $100 for sewer connection per house in a subdivision and that $1.50 per foot be assessed when an existing street must be cut to install lines. Council man Wiseman and Tomsic voted aye, and Councilmen Jacobs, Peterson, and Barker voted nay. The motion was not carri Councilman Peterson made the motion to establish a fee of $150 for water and $150 for sewer connection in a subdivision and that $2.00 per foot be assessed when an existing street is cut to install lines. Councilman Tomsic seconded the motion and a vote was taken. Council- men Peterson, Darker and Tomsic voted aye, and Councilmen - Wiseman and Jacobs voted nay. The motion wa's approved. Councilman Tomsic requested that Subsections 6, 7, 8 and 9, Section 26-40, Ordinance No. 16-77 be amended to assess $150 each for water and sewer connection and $2.00 per linear foot for street cuts. The revised ordinance will be formally approved at the next meeting. Council next considered approval of the Personnel Policies and Proceedures as proposed by the Personnel Policies and Proceedures Committee. Councilman Barker questioned what would happen,if in the future there would be a supervisor in charge of Parks and Recreation. Counc man Tomsic stated that the policies will be updated when situations such as this occur. Councilman Wiseman made the motion to aCCept the Personnel Policies and Proceedur s as presented and corrected and Councilman Peterson sec- onded the motion. The motion was approved,unanimously. Mayor McDougald announced the official appointment of Dennis Wilberg to the Board of Adjustment. Mr. Wilber will fill the position vacated by Jim Wiseman. Mayor McDougald told Mr. Wilberg,that whenever a case involves moving a mobile home he should abstain from voting. Mr. Wilberg has agreed to do so. 1 Existing ordinance unclear Councilman Peterson arrives Unfair to assess same fee to individuals and subdividers Value of lot increases with services Street cut fee may be too low Motion made, not carried $150 fee for water and sewer connection, $2.00 per foot street cut approved Revised ordinance to be formally approved at next meeting Personnel Policies and Proceedures approved Appointment of Dennis Wilberg to the Board of Adjustment Ngreecment with Pete Byrd tabled Adjournment Regular meeting Attendance Minutes approved Minutes approved Minutes should be shorter Approval of Ordinance_14-77 Councilman Wiseman made a motion to table consider- ation of the agreement with Pete Byrd until the next meet- ing. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Peterson made a motion to adjourn the meeting. Councilman Tomsic seconded the motion and it was approved unanimously. Meeting adjourned at 10:55 p.m. j12111)Wm. Dean McDouga , ay ATTEST: David J ''etz e, C"y 'ecorder August 16, 1977 A regular meeting of the Moab City Council was called to order at 8:10 p.m. in Council Chambers by Mayor McDougald. Councilmen present included Harold Jacobs, Dixie Barker and Jim Wiseman. Also present were David Bretzke, City Admin- istrator, John Keogh, City Engineer, Lynn Day, Water -Sewer - Street Superintendent, Marsha Christensen and Liz Ruggeri. Councilman Dixie Barker moved that the August 2, 1977 minutes be approved with the correction that the motion to table A. R. Knight's request for a trade of land in lieu of Special Improvement District No. 3 assessment, curb and gutter be included. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Jacobs made the motion to approve the August 9, 1977 minutes with the correction that the words 'and corrected' be inserted in paragraph 3, page 6, fourth sen- tence after the word 'presented.' Councilman Wiseman seconded the motion and it was approved unanimously. 'Councilman Jacobs stated that he felt the City Council minutes were becoming too lengthy because narrative has been included. He suggested that an effort be made to leave out unnecessary material and all councilmen agreed. Council then considered final approval of Ordinance 14-77. The following corrections in wording were made. 1) The words 'and deposit' be inserted after the word 'fee' in the third sentence of Section 22-28, Water Supply. 2) The words 'of record fronting on the street' be inserted after the word 'lots' in the fourth sentence of Section 22-28, Water Supply. 3) After the fourth sentence of Section 22-28, Water Supply, the following should be in- serted, 'When a subdivider is required to make connections to lots not in his subdivision, the city shall credit the subdivider $150 per lot. When service is later requested for said lots, the property owner will pay the fees as stipulated in Section 26-40: Connection Fees.' 4) The words 'of record fronting on the street' should be inserted after the word 'lots' in the third sentence of Section 22- 29. 5) After the third sentence on Section 22-29 the fol- lowing should be inserted. 'When a subdivider is required to make connections to lots not in his subdivision, the city shall credit the subdivider $150 per lot. When service is later requested for said lots, the property owner will pay the fees as stipulated in Section 26-40: Connection Fees.' Councilman Wiseman made the motion to approve Ordinance No. 14-77 with the five corrections listed. Councilman Barker seconded the motion and it was approved unanimously. 313 Ordinance No. 14-77 AN AMENDMENT TO CHAPTER 22, SUBDIVISIONS, MOAB CITY CODE 1965, AS AMENDED BY THE REVISION OF SEC. 22-28-WATER SUPPLY, AND SEC. 22-29 SEWERS AND SEWAGE FACILITIES. Section 22-28, Water Supply, is hereby amended to read as follows: "Each subdivider shall connect the subdivision with the city water system and shall make such water available to the property line of each lot within the subdivided area. The subdivider shall install the corporation stop, water service line, meter pit and cover, and yoke. The city will provide and install the water meter on each lot, after the water connection fee and deposit is paid. The sub- divider shall install the water service to all lots of record fronting on the street before any paving is in- stalled. When a subdivider is required to make connec- tions to lots not in his subdivision, the city shall credit the subdivider $150 per lot. When service is later requested for said lots, the property owner will pay the fees as stipulated in Sec. 26-40: Connection Fees. Ad- equacy of supply and sizes of water mains shall be de - CM termined by the city engineer. Workmanship and details Mof construction shall be in,accordance with the city Ca specifications. All work shall be done as directed by V the city engineer, and or building inspector, (R. O. 1958, V 0 4-5-5.)" Section 22-29, Sewers and sewerage facilities is hereby amended to read as follows: "Where a public sanitary sewer is reasonably accessible (within two hundred feet from the outside boundary of a subdivision), the subdivider shall connect with such sanitary sewer and provide adequate sewer lines accessible to the property line of each lot. The subdivider shall install a wye connection for each lot in the subdivision at the time the sewer main is laid. The sewer line will be stubbed in to all lots of record fronting the street before any paving is installed. When a subdivider is required to make connections to lots not in his subdivi-.� sion, the city shall credit the subdivider $150 per lot.j� When service is later requested for said lots, the property owner will pay the fees as stipulated in Sec. 26-40: Connection Fees. Sewer connections and subdivision sewer systems shall be installed in accordance with city specifications under the direction of the city engineer. Where a public sewer is not reasonably accessible, the subdivider, upon apporval of the city council, may either install individual sewerage facilities at his expense or require that builders provide such facilities as part of the construction of buildings or structures. Where individual sewerage facilities are to be installed, the city council shall be assured that the sanitary condition of the land will be fully safeguarded, (R. O. 1958, 4-5-5.)" Ordinance No. 15-77 was considered for final approva' and the following corrections were made. 1) Subsection (8) shall read as follows: 'In a subdivision, the subdi- vider shall pay the city a connection fee of one hundred fifty ($150) per lot for a three -fourths inch (3/4") meter. The cost of larger meter installations will be prorated.' 2) Subsection (6) shall read as follows: 'In a subdivision, the subdivider shall pay the city a connection fee of one hundred fifty (5150) per lot for a four inch (4") connec- tion.' 3) The first sentence of Section 26-41 shall be deleted and the following inserted: 'Any individual applicant which adjoins an existing water and, or sewer line within seventy-five feet (75') of the property line may connect to said service by paying to the city the Approval of Ordinance 15-77 314 onnection and deposit fee as stipulated under Section 6-40: Connection Fees; and the city shall construct and onnect the water and, or sewer line to the property ine, and furnish the meter.' 4) The words 'concrete' nd 'or one' shall be deleted from the second sentence f Section 26-55. Councilman Wiseman made the motion to dopt Ordinance No. 15-77 with the -above corrections. ouncilman Barker seconded the motion and it was approved nanimousl . Both ordinances will be published in the Imes-IndependentIon Thursday, August 18, 1977. Ordinance No. 15-77 N AMENDMENT TO CHAPTER 26, WATERS AND SEWERS, MOAB CITY ODE 1965, AS AMENDED BY THE REVISION OF SEC. 26-39: ONNECTIONS - ISSUANCE; TERMS: AND SEC. 26-40: CONNECTION EES: AND SEC. 26-41: LIABILITY FOR COSTS OF MAKING CON- ECTIONS: CONSTRUCTION REQUIREMENTS; SEC. 26-55: WATER ETERS - TO BE INSTALLED BY CITY AT COST OF USER. Section 26-39; Connections - Issuance; Terms; is ereby amended to read as follows: Upon the payment of all connection fees as set forth in this Article and upon the approval of the Plumbing In- spector and the Waterworks Superintendent, the City Recorder shall issue a permit to connect with the city water or sewer system. The permit shall be for each connection and shall give the type of occupancy and address and show thereon the rules and regulations for sewer and water connections. The City Recorder shall also issue an order to,the Waterworks Superintendent to extend the water and sewer lines from the mains to the property line and install the meter. The subdivider shall install these service lines in new subdivisions under the direction of the Waterworks Superintendent. In all cases the City shall furnish and install water meters. (R. O. 1958, Secs. 3-2-4, 3-2-32). Section 26-40: Connection Fees: (a) Water Connection Fees; is hereby amended by adding new subsections (8) and (9) as follows: (a) Water Connection Fees: (8) In a subdivision, the subdivider shall pay the city a connection fee of one hundred fifty ($150) per lot for a three -fourths inch (3/4") meter. The cost of larger meter installations will be prorated. (9) The cost for crossing a paved street shall be $2.00 per linear foot on any existing paved street. Section 26-40: Connection Fees; (b) Sewer Connection Fees; is hereby amended by adding new subsections (6) and (7) as follows: (b) Sewer Connection Fees: (6) In a subdivision, the subdivider shall pay the city a connection fee of one hundred fifty 0150) per lot for a four inch (4") connection. (7) The cost for crossing a paved street shall be $2.00 per linear foot on any existing paved street. Section 26-41: Liability for Costs of Making Connec- tions; Consturction Requirements; is hereby amended to read as follows:' Section 26-41: Liability for Costs of Making Connec- tions; Construction Requirements: en d+ C{J C� U V "Any individual applicant which adjoins an existing water and, or sewer line within seventy-five (75') of the property line may connect to said service by paying to the city the connection and deposit fee as stipulated under Sec. 26-40: Connection Fees; and the city shall construct and connect the water and, or sewer line to the property line and furnish the meter.. All costs in con- nection with the construction of the water and sewer service lines from the point of use to the property line shall be paid by the applicant. All workmanship and materials shall be made in accordance with this Chapter and with the plumbing regulations of the city. (R. O. 1958, Sec., 3-2-33)." Section 26-55:Water Meters --To be Installed by City at Cost of Use; is hereby amended to read as follows: Section 26-55': Water Meters --To be Installed b Cit "Meters of the type approved by the city council _ shall be furnished and maintained by the city. All Ovate meters shall be installed in a meter box that is approve by the Water Superintendent, on the curb, except where in the opinion of the waterworks superintendent it would not be practicable. (R O. 1956, @ 3-2-6)." Council considered a request by Mr. and Mrs. C. A. Raymond, Mr. and Mrs. R. O. Cozzens, and Mr. and Mrs. M. H. Wise to change the name of their street from Potas Drive to Crestview Drive. No objections were raised to this request. Councilman Barker made the motion to than e Potash Drive to Crestview Drive through an Ordinance re- vision. Councilman Wiseman seconded the motion and it was approved unanimously. Dave Johnson came before the council to see what could be done about the water that floods in his back- yard when the valve in the water storage tank fails to shut off. He suggested routing the water somewhere else or installing a gate valve. Councilman Jacobs stated , that it is better to close the valve at the well than install a gate valve and there is not another place for the water to drain. He has contacted Ross Manufactures who made the valve and every effort is being made to remedy the situation. When the valve is fixed, Council- man Jacobs stated that a bulldozer and more dirt will be brought in to repair damage. Only one bid was submitted for the two-way radios. Royce's Electronics vis-a-vis Motorola C Z E Inc. sub- mitted a bid of $1,721.20 for three five watt single frequency portable radios with external speaker mikes and heleflex antennas and one six unit charger. Council man Jacobs moved to accept this bid. Councilman Wiseman seconded the motion and it was approved unanimously. Council considered an agreement between Pete Byrd and the City as proposed by the Planning Commission. Mr. Byrd desires to build a home on Lot 18, Block 2 in Palisades Subdivision but does not want to install curb and gutter or pave the street until a new subdivision plat is approved. Since it is city policy to extend services and improvements as development occurs, the Planning Commission suggested an agreement with Mr. Byrd wherein he will extend curb and gutter, water, sewer, and pave the street in the event he sells the house. Several questions were raised about such an agreement. John Keogh questioned the legality and suggested legal counsel. Councilmen Jacobs and Wisemen were concerned about future development of the subdivision because of a high water table. Councilman Barker felt that prece- dence would be established if such an agreement were mad Councilman Barker made the motion that David Bretzke, City Administrator, approach Mr. Byrd with the recommen- dation of the City Council that he consider vacating the 315 Potash Drive change to Crestview Drive Water damage caused by valve at storage tank failure Two-way radio bid approved Agreement with Pete Byrd re building permit for house in Palisades Sub. 316 Drainage problem between PAZ and Shelton property Street Use Study Commission decision Bills approved Adjournment Special meeting Attendance Memorandum of Understanding approved undeveloped portion of the Tubdivision and that consider- ation of the agreement with Mr. Byrd be tabled until this has been done. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Jacobs reported that because Walter Pugh has run out of money, he is not interested at this time in acquiring approximately 0.60 acres of land on 2nd East between 2nd and 3rd South Streets in exchange for instal- ling pavement, curb and gutter for Mr. Bob Shelton's driveway. Councilman Jacobs stated that he will meet with Hank Ruggeri to see what can be done legally and get some figures on the cost of installing a driveway and drainage ditch to handle the runoff problem. Councilman Barker made the motion that it -be noted in the records that the Street Use Study Commission met and unanimously agreed that they were aginst the proposal to abandon portions of street right-of-ways in the original 25 block area of Moab City. Councilman Wiseman seconded the motion and it'was approved unanimously. Councilman Barker moved that the bills be approved as listed. Councilman Wiseman seconded the motion and it was approved unanimously, Councilman Wiseman moved that the meeting be adjourned. Councilman Barker seconded the motion and it was _approved unanimously. Meeting adjourned at 10:55 p.m. ' August 29, 1977 Mayor Wm. Dean McDougald called a special session of the Moab City Council at the Ramada Inn on August 29, 1977 at 7:20 a.m. Councilmen present included Councilmen Barker, Jacobs, Peterson, and Wiseman. Also present were City Administrator Bretzke, members of the Grand County Economic Development Committee, Moab Chamber of Commerce Board of Directors, and County Commissioner Dan Holyoak. The City Council approved the following "Memorandum of Understanding" unanimously, and authorized the Mayor to sign regarding Utah Gas Service Company Security Deposit Policy. MEMORANDUM OF UNDERSTANDING I. The undersigned parties (except for Utah Gas Service Company) have submitted complaints to the Utah Public Service Commission and/or to the Governor of the State of Utah regarding the security deposit policy of Utah Gas Service Company. 2. The undersigned parties have reviewed the Proposed Security Deposit Policy which is attached hereto and find it to be reasonable and equitable. 3. Utah Gas Service Company hereby agrees to implement said Proposed Security Deposit Policy for a period of 12 months. At the end of 12 months Utah Gas Service Company will evaluate the results of this policy, solicit and review comments from the other undersigned parties and make any modifications which Utah Gas Service Company considers necessary and proper based on its experience with said Proposed Security Deposit Policy. 4. The parties hereto and each of them do agree that it is in the best interest of each of them as well as all concerned that upon the execution of this document that their respective complaints regarding the security deposits of Utah Gas Service Company be deemed Withdrawn without prejudice to the filing of similar or other complaints not earlier than one year from the date hereof and all parties hereto agree that the hearings presently scheduled by the Public Service Commission of Utah relative to the security deposits of Utah Gas Service Company may be cancelled. 3 '7 The above Memorandum of Understanding was signed by the City of Moab, Grand County Economic Development, Moab Chamber of Commerce and Utah Gas Service Company. PROPOSED SECURITY DEPOSIT POLICY 1. The security deposit provided for hereunder is to protect Utah Gas Service Company against the risk of non- payment for the service to be provided. In the event of nonpayment, Utah Gas Service Company may at its sole dis- cretion use any or all of such security deposit against an debt obligation resulting from nonpayment. 2. The security deposit for homeowners shall be $50. 3. The security deposit for occupants of trailers, for house renters and for apartment renters shall be $80. 4. The homeowner security deposit rate will apply to hous renters, and apartment renters if service is provided in landlord's name and the landlord is responsible for the bi 1. The homeowner security deposit will also apply to occupant of trailers if service is provided in the name of the owner of the trailer park or the owner of the land where M the trailer is situated. A separate deposit would then be d+ required for each meter. 00 A 5. The security deposit for commercial customers shall be U based on two month's estimated usage. This deposit shall V be reduced to one month's estimated usage if the customer establishes to the sole satisfaction of Utah Gas Service Company that he has above credit or if the customer owns the building or if service is in the landlord's name and the landlord is responsible for the bill. 6. The security deposit will be refunded upon customer application after 12 months of the customer continuously paying his bill by the 15th of the month. For example, the bill for service during the period June 21st through July 20th would normally be received by the customer on or about the 1st of August and payment would be required to b received by Utah Gas Service Company on or before the 15th of August. 7. Landlords must qualify pursuant to the conditions stat d in paragraph 6 above with respect to all properties to which service is provided in their name in order to receiv a security deposit refund. A landlord must continue to qualify pursuant to the conditions stated in paragraph 6 above with respect to all properties to avoid a security deposit on additional connections. S. Homeowners and home renters who have had service dis- connected for nonpayment must bring their bill current and increase their security deposit to $120 prior to reconnection. The $120 security deposit will be in addition to any re- connection fees and subject to the refund policy describe• in paragraph 6 above. 9. Occupants of trailers and apartment renters who have had service disconnected for nonpayment must bring their bill current and increase their security deposit to $100 prior to reconnection. The $100 security deposit will be in addition to any reconnection fees and subject to the refund policy described in paragraph 6 above. 10. Commercial customers who have had service disonnected for nonpayment must bring their bill current through date of disconnection and increase their security deposit equal to an estimated 90 days' bill prior to reconnection. This security deposit will be in addition to any reconnection fees and subject to the refund policy described in para- graph 6 above. 31S Regular meeting Attendance Minutes approved Approval of new customer deposit policy by Utah Gas Service Company Rate increase approved for Town Television Ordinance 16-77 approved 1. Customers who presently have a security deposit in xcess of the deposit required by this policy man, upon pplication by the customer, have the excess refunded pro- ided that they have continuously paid their bill by the 5th of the month since becoming a customer. Disconnec- ions followed by reconnections in order to avoid this olicy will not be permitted. TTEST: avid J. B e, CitRecorder September 6, 1977 A regular meeting of the Moab City Council was called o order at 8:00 p.m. in the Council Chambers by Mayor cDougald. Councilmen present included Harold Jacobs, Dixie arker, Marge Tomsic and Jim Wiseman. Also present were City dministrator Bretzke, City Engineer Keogh, City Attorney uggeri, Water -Sewer -Street Superintendent Day and Marsha hristensen. Judy Carmichael and Tom Worster from Town elevision and approximately twelve Moab citizens were also resent. I. V City of Moab, Utah Ordinance No. 17-77 AN ORDINANCE AMMENDING ORDINANCE NO. 3-75, SECTION 7, CONCERNING A RATE INCREASE FOR REGULAR SUBSCRIBER SERVICES FOR CABLE TELEVISION SYSTEM IN THE CITY OF MOAB. Ordinance No. 3-75, Section 7, (A) Residential Subscribers and (B) Commercial Subscribers is hereby ammended to read as follows (A) Residential Subscribers Monthly service rate per month Installation charge - First outlet Additional outlet Relocation Relocation of additional outlbt Reconnect Transfer to cabled home Transfer to Non -cabled home Installation of wall,rjack,, s ir�a �., �,� 'r� V (d) Commerc�l�9•,�$ubscH ; , t5.`_1 -s � n' 't(wz — ,i 4y rAPi1,1111CC ).1', } J d r,c� tr,�� I'1S 1 ,1 4141,,I111 ' i J1�{ �' i ,a I,P 21-30 Y: v' : 7. ;o t3:0 31-40 3.60 41-50 N`!,} �' ' 3.50 51-60 3.40 61-70 3.30 71-80 3.20 B1-90 3.10 91-100 3.00 8.95 15.00 12.50 10.00 10.00 10.00 10.00 15.00 5.00 This ordinance shall become effective December 1, 1977 with the Dec-' billing by Town Television. changed by ordinance. (R. 0 1958-;Z0 3=4-/.) 318 Regular meeting Attendance Minutes approved Approval of new customer deposit policy by Utah Gas Service Company Rate increase approved for Town Television Ordinance 16-77 approved On a motion by Councilman Barker and seconded by ouncilman Jacobs, the August 16, 1977 minutes were approved nanimousl As a result of a meeting held August 29, 1977 at the reen Well Restaurant with the Economic Development Com- ittee, the Chamber of Commerce Board of Directors and the ity Council regarding a new customer deposit policy by the tah Gas Service Company, a motion was made by Councilman arker and seconded by Councilman Wiseman to accept the roposal. Councilman Tomsic amended the motion to request hat the new schedule be placed in the perminent minute book. he motion was approved unanimously. A public hearing to consider a rate increase for Town elevision was held. Tom Worster, Regional Manager for Town elevision gave the following four reasons why an increase s necessary: 1) increased production costs, 2) installation f new microwave system costs, 3) growth in Moab has neces- itated expansion, and 4) federal legislation now requires able television to pay copyright fees. After some discussion y the audience, Councilman Barker made the motion that Town elevision be allowed the proposed rate increase effective ecember 1, 1977. Councilman Tomsic seconded the motion and t was approved unanimously. Councilman Tomsic motioned that Ordinance 16-77 be pproved to allow residents of Potash Drive to change the ame of their street to Crestview Drive. Councilman Barker econded the motion and it was approved unanimously. Ordinance No. 16-77 N ORDINANCE CHANGING NAME OF STREET, MOAB CITY CODE 1965, S AMENDED BY SEC. 21-5. STREET NAMES. ec. 21-5. Street Names. All streets shall be known by the name by which they re designated In the official plats filed in the office of he city recorder, unless such names have been or shall be hanged by ordinance. (R. 0. 1958, P 3-4-7.) 319 CO d'+ Q V U WHEREAS said property owners and residents on Potash Drive, between Locust Street and Oak Street, Plat "E", Walker Subdivision, SE; SWT, Sec. 6, T26S. R22E. as record d in the Grand County Recorder's Office, Entry No. 302728, Plat Book No. 2, Frebruary 14, 1964, have requested the name of Potash Drive be renamed Crestview Drive. After said public hearing the Moab City Council hereby establishes the name of Potash Drive to Crestview Drive. Bids for levelor blinds, two new police cars and a new pickup truck were considered. The House of Decor sub- mitted a bid of $850.00 to install levelor blinds in the office of the treasurer and judge. Fuhriman Interiors submitted a bid of $973.36. Councilman Barker moved that the bid of $850.00 from the House of Decor be accepted. Councilman Tomsic seconded the motion and it was approved unanimously. A bid of $4,843.23 from Peterson Ford was submitted for a 1977 pickup truck. Councilman Wiseman moved that this bid be accepted. Councilman Barker seconded the motion and it was approved unanimously. Gaither Chevrolet submitted a bid of $5,775 for a 197 Impala, and Peterson Ford submitted a bid of $5,710 for a 1977 Ford LTD. Councilman Jacobs requested that the counc 1 consider the purchase of both vehicles, one to replace the police car which was wrecked on August 3rd, and one for the new police car as budgeted. Councilman Wiseman made the motion to accept the bid from Peterson Ford to replace the Ford police car which was recently demolished and that the bid from Gaither Chevrolet be accepted for the new police car. Councilman Barker seconded the motion and it was approved unanimously. Mayor McDougald recommended that the council consider Billy B. Hass to fill the unexpired term of Don Knowles on the Planning Commission. Councilman Barker moved to accept the Mayor's recommendation. Councilman Wiseman seconded the motion and it was approved unanimously. Howard D. Knight, Moab Postmaster, came before the council requesting permission to move the two snorkel collection boxes from their present location to the curb in front of the post office. He explained that the parkin lot is being revised in an effort to correct the parking problem. Councilman Wiseman made the motion that per- mission be granted to move the snorkel boxes. Councilman Jacobs seconded the motion and it was approved unanimousl Pete Byrd came before the council to discuss his request for a building permit for Lot 18 in Palisades Subdivision. At the August 16, 1977 City Council Meeting, the council recommended that Mr. Byrd vacate the undevelop d portion of the subdivision. Mr. Byrd stated that because of the manner in which his mortgages are set up this woul be difficult. Councilman Jacobs moved that the recommen- dation of the Planning Commission for an agreement with Mr Byrd be approved. Councilman Barker seconded the motion and it was approved unanimously. Mr. Byrd stated that he would come in to sign the agreement. Paul Cox came before the council to discuss problems he is having with property owners on the east side of McGill which is the access to Utex Subdivision, Plat D. The owners had previously agreed to pay half the cost for curb and gutter, water and sewer extensions along approx- imately 700 feet of McGill. Three of the four property owners have now refused to pay their share of the curb and gutter, and all have refused to pay their half of the pavement. Mr. Cox cannot proceed with construction until all improvements are made. After some discussion of the Bid for levelor blinds awarded Bid for pickup truck awarded Bids for polic cars awarded Billy B. Hass appointed to Planning Commission Post office given approval to move snorkel collection boxes Agreement with Pete Byrd Paul Cox presents problems with improvements to Utex Subdivision 320 Resolution to provide death benefits tabled for reconstruction Assurance forms tabled until meeting with Corp, County and school Consideration of telemetering equipment tabled Discussion of who is responsible for inspection of streets and utilities $500 accepted as final payoff for Spec. Im. Dist. No. 3 assessment by Mr. A. R. Knigh Business licence disapproved Wiseman appointed to County board, Bills approved problem, Councilman Barker made a motion to table con- sideration of this matter for at least one week until the property owners can be contacted and a meeting set up to see if an agreement can be reached. Councilman Wiseman seconded the motion and it was approved unanimously. Mayor McDougall stated he would cdntact the property owners and notify Mr. Cox of the meeting arrangements. Councilman Barker moved that consideration of a resolution to provide death benefits for employees of this municipality be tabled until the resolution is re- constructed. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Tomsic moved that consideration of assurance forms from the Army Corps of Engineers for emergency bank protection on Mill Creek be tabled until a meeting to discuss the proposal can be set up with Lee McQuivey of the Corps of Engineers, Superintendent Bill Meador of Grand County School District and County Commissioners. Councilman Barker seconded the motion and it was approved unanimously. Councilman Jacobs made a motion to table consideration of cost estimated by Nielson, Maxwell & Wangsgard to in- stall telemetering equipment until decisions can be made regarding the entire water system. Councilman Wiseman seconded the motion and it was approved unanimously. John Keogh asked for clarification on who is respon- sible for inspection of water and sewer, curb and gutter and paving. It had been suggested by Councilman Jacobs and City Administrator Bretzke that the building inspector be responsible for these inspections in the future. Council- man Tomsic stated that she did not feel Mr. Brundage is qualified to make these inspections and would need to be sent to school. She also suggested that if Moab has reached the size where the water -sewer -street superintendent cannot make these inspections, as stated in his job description, we may want to split the department. Councilman Peterson motioned that the building inspector be given the respon- sibility of inspecting the new construction of streets and utilities and as necessary he be sent to the schools he needs to do this. Councilman Jacobs seconded the motion Mayor McDougald mentioned that such a motion would require an ordinance change and Councilman Peterson withdrew his motion. Councilman Barker motioned that we do not change the ordinance or the Job descriptions of the building inspector, city engineer or the water -sewer street superintendent. Councilman Wiseman seconded the motion and it was carried with one abstention by Council- man Jacobs. Councilman Wiseman made a motion that the city accept $500 from Mr A. R. Knight as final payoff of Special Im- provement District No. 3 assessments if he agrees not to disturb the existing street pavement or curb and gutter located on his property and that the city will not be responsible for repairing any settlement or cracking in the existing curb and gutter. Councilman Barker seconded the motion and it was approved unanimously. Councilman Wiseman made the motion that Peter Stuart's request for a business licence be temporarily disapproved pending the outcome of a state investigation. Councilman Barker seconded the motion and it was approved unanimously Mayor McDougald announced the appointment of Councilman Wiseman to serve as a member on the County's Special Water Service District Advisory Board. Councilman Tomsic moved that the bills be approved for payment as listed. Councilman Wiseman seconded the motion and it was approved unanimously. c� Tr C� Q V U At 11:15 p.m. Council went into executive session to Review of discuss personnel actions. Council reconvened and opened animal control the meeting at 11:45 p.m Chief of Police Mel Dalton, procedures Animal Control Officer Leon Stocks and City Administrator David Bretzke returned to the meeting at this time. A discussion of the procedure regarding animal control fol- lowed, and upon a motion by Councilman Barker and seconde by Councilman Wiseman it was agreed that 1) the animal control officer would be under the supervision of the chief of police, 2) the animal control officer would be sworn in as animal control officer of the City of Moab and be given the responsibility to administer Chapter Four of the Moab City Code, Animals and Fowl, and be given the responsibility and authority to issue tickets to violators of this ordinance, 3) the animal control officer's activities would be reviewed by the City Counci every 30 days at the regular City Council Meetings with the animal control officer present, and at this time the council or the animal control officer may make recommen- dations regarding management of the program. The motion was approved unanimously. Councilman Jacobs moved that the meeting be adjourne Adjournment at 12:30 p.m. Councilman Tomsic seconded the motion and it was approved unanimously. ougald, ayor ATTEST: avid J. Bzke, CitRecorder September 20, 1977 A regular meeting of the Moab City Council was called to order at 8:00 p.m. by Mayor McDougald in the Council Chambers. Councilmen Peterson, Tomsic and Wiseman were present. Also present were City Administra- tor Bretzke, City Attorney Ruggeri, City Engineer Keogh, Water -Sewer -Street Superintendent Day, Bill Meador and Les Graves of the school district, Lee McQuivey of the Corps of Engineers and County Commissioners Burr and Holyoak. Councilman Wiseman moved that the September 6, 1977 minutes be approved with the inclusion of the following motion: Councilman Barker motioned that we do not change the ordinance or the Job descriptions of the building inspector, city engineer or the water -sewer -street super- intendent. Councilman Wiseman seconded the motion and it carried with one abstention by Councilman Jacobs. Councl man Tomsic seconded the motion and it was approved unanimously. Lee McQuivey of the Army Corps of Engineers explaine. Agreement with to the Council, County Commissioners and school district Corps of Engineers representatives the assurance forms needed before work can begin on the emergency bank protection project on Mill Creek adjacent to the High School. The Corps needs assurance that 1) all involved are in agreement with the plan, 2) permit for right of entry, 3) a rock quarry site will be provided and 4) city and county will be respon- sible for any cost in excess of $250,000. Leo Burr state that the county is wholeheartedly behind the project and that the county ownes property near the dump which can be used for the quarry site. Bill Meador stated that the school district is also behind the project and that he would sign the necessary right of entry permits. Council man Tomsic moved that the city sign the agreement with th 321 Regular meeting Attendance 322 Approval for buried cable delayed Request for use of city owned land for fire substation given tentative approval 1977 Judges of Election approved Old water and sewer connection rate approved for Veldon McKinnon Everett Pittman's sidewalk request Purchase order for street paving withdrawn from Engstrom Const. Complaints to be issued to Ray Stratton and Jerry Croasmun Complaint from Andrew Steen Array Corps of Engineers upon obtaining the right of entry forms. Councilman Peterson seconded the motion and it was approved unanimously. Dan Garcia of Continental Telephone presented a request for installation of buried cables from their office to the Spanish Valley area. He explained that the trench would need to be in the street next to the existing cable and the trench would be 30" wide and about 40" deep. A licensed contractor would repave the street to city specifications. Council delayed decision on the request until Friday, September 23rd when they will observe the proposed route. Troy Black and Bill Hines of the Grand County Fire Protection District came before the council to request permission to use a portion of city owned land at the intersection of New Golf Course Road and Murphy Lane for a substation. Mayor McDougald stated that the only prob- lem with using the land is that it is near a water shed. He suggested that the Fire District choose which portion of land they wish to utilize, write a letter of agreement to the city stating how the sewer problem would be handled and return to the council for final approval. Councilman Wiseman motioned that the 1977 Judges of Election be approved as listed. Councilman Tomsic sec- onded the motion and it was approved unanimously. Veldon McKinnon came before the council requesting that he be charged the old water and sewer connection rates at his new office. He applied for the connections on March 17, 1977 but the deal on his property fell through. Councilman Wiseman moved that he be allowed to pay the old water and sewer connection fee. Councilman Peterson sec- onded the motion and it was approved unanimously. Everett Pittman came before the council to discuss plans for installing a sidewalk on city right-of-way at his residence located at 371 East 1st South. Council delayed a decision until they could examine the situation on the whole block on Friday, September 23rd. City Administrator Bretzke received a letter from Sam Taylor who is unhappy about the length of time it is taking to complete construction of the street in the vicinity of McGill Avenue and 5th West. Councilman Tomsic moved that the city withdraw Purchase Order No. 8763 to Engstrom Construction Company, that they be called and notified of this action and then be sent a letter to this effect. Councilman Peterson moved that we issue a purchase order to Southern Paving if their bid is comparable to that of Engstrom Construction. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Peterson moved that we issue a purchase order to Southern Paving if their bid is comparable to that of Engstrom Construction. Councilman Wiseman seconded the motion and it was approved unanimously. City Administrator Bretzke informed the council that he had not received a reply from Mr. Ray Stratton or Mr. Jerry Croasmun regarding letters sent on August 26, 1977 requesting them to clean up their properties within ten days. Councilman Peterson motioned that formal complaints be issued to Mr. Stratton and Mr. Croasmun. Councilman Wiseman seconded the motion and it was approved unanimously. City Administrator Bretzke reported that on September 19, 1977, Andrew Steen requested that the city install a new water pump to replace one he believes was damaged when the main water line was turned off be the city. Super- intendent Lynn Day stated that the water had not been turned off on that date. Mr. Steen has also requested the city to pay for repairs on another pump which he believes as damaged in the same manner on or about March 5, 1977. 323 Councilman Wiseman motioned that we notify Andy Steen tha we feel we are not responsible for any damange to his water pumping equipment or any subsequent liability re- sulting from that damage. If Mr. Steen feels that the city has erred, the city carries liability insurance and Mr Steen can contact our insurance carrier. Councilman Tomsic seconded the motion and it was approved unanimousl Dick Robertson, a citizen, came before the council Swim pool program to discuss his concern over Red Cross Swimming Certificat s complaints and issued this summer at the Moab Swim Pool. He stated that letter to be sent the certificates had been signed "Judy Peterson" as a Red Cross representative and that there is no such person. He also stated that he had received complaints from par- ents who felt their children had not been adequately tested. Since this was the third formal complaint re- ceived by the city, the council instructed the city ad- ministrator to send a letter to all parents who had child ren in the swim program and inform them that the certif- icates are invalid. Councilman Tomsic motioned that the bills be approve for payment as presented. Councilman Peterson seconded the motion and it was approved unanimously. Bills approved M Meeting was adjourned at 11:20 p.m. Adjournment d'+ 00 p U U Wm. Dean McDougal(', 'a ATTEST. pi T0: City Councilmen CA-77-460 FROM: David J. Bretzke , 34.. 4 ' I.ril I '':DATE: September 22, 1977' - , t.';�' , r' IT -SUBJECT: Fire Inspection . ), t N'` * * * * * * * * * * * * * * * * * * * t The city has adopted the Fire Protection Code, 1970 Edition, recommended by the American Insurance Association, Section 9-2, Moab City Code. t Mr. Troy Black is the Chief of the Bureau of Fire Prevention, as called i for in the Code. f E He told me Wednesday that he has not inspected commercial buildings on a regular basis, however he has, along with the State Fire Marshall, made periodic inspections of schools and the hospital in Moab He also has inspected other buildings as the need arises or upon a request basis. He indicated that with the upgrading of the Fire Department, he will be making more periodic inspections after the first of the year when he will have more time. He uses two standard forms for inspections, an initial form and a follow-up form. Copies of inspections are given to property owners and one copy is filed permanently in the fire station. Mr. Black says the department is in the process of requesting a Class 4 Fire Insurance Rating which could save property owners in the district $60,0000 to $70,000 per year in insurance premium costs Mr Black said he would be happy to be scheduled on the agenda any time and give a "whats going on now report of the fire department " David J. etzke City Administrator co di m C U 0 44 t David J. Bre e, City ecorder September 23, 1977 A special meeting of the Moab City Council was held Sepcial meeting at 10:00 a.m. on the above date in front of the Conti- nental Telephone office. Those present were Councilmen Attendance Jacobs, Tomsic and Wiseman. Gity Administrator Bretzke was also present. Council met at the above location to consider a Buried cable request from Continental Telephone to install burled request by cables from their office to the Spanish Valley area. Continental After viewing the proposed route, Councilman Wiseman Telephone motioned that the city give permission to the completed approved project. Councilman Tomsic seconded the motion and it was approved unanimously. It was requested that Conti- nental Telephone prepare a letter of understanding betwee the contractor and the city regarding replacing street paving, curb and gutter to the satisfaction of the city. Council then went to the residence of Everet Pittman, Sidewalk request 371 East 1st South, to see where he wants to put in a by Everett Pittman sidewalk. About a year ago Mr. Pittman was given a buildenied ing permit by the former building inspector, Cecil Shaff , to install a fence six feet back of curb on city right- of-way. Councilman Wiseman motioned that the fence be moved plus or minus 192 feet back of curb to the propert line and that this be done at city expense. Councilman Tomsic seconded the motion. Councilman Jacobs abstained and the vote was carried. Adendum Mr. Pittman came into the City Administrator's office Friday afternoon and said he would be happy to place the sidewalk behind the driveway slab entry to the property 324 Special meeting Attendance Farm animals within city limits letter to be sent i Clarification of Section 27-4-2, Nonconforming Buildings and Uses asked for by building inspector Conflict in past and present inter- pretation Lenght of time lots may be abandoned questioned Ordinance revision approved which is about four feet back of curb. He said that if the city moved his fence, he would consider filing suit with the city to require all other nonconforming fences to be moved back to the property line. ATTEST: d J. BtPtzke G(J Wm. Dean McDougal., ayo City Recorder September 27, 1977 A special meeting of the Moab City Council was called to order at 2:15 p.m. in Council Chambers by Councilman Jacobs. Councilmen present included Barker, Jacobs, Tomsic, Peterson and Wiseman. Also present ere City Administrator Bretzke, Building Inspector Brundage, Marsha Christensen, A. J. Coffman and Adrien Taylor. Building Inspector Brundage stated that Section 27-2-2 of the Moab City Code prohibits farm animals ithin residential and commercial zones within city limits but that there are numerous violations occuring. r. Brundage requested permission to draft a letter ad- vising people of the zoning ordinance which prohibits such animals and that such violations are a class B isdemeanor punishable by a $299 fine and, or six months in Jail. Councilman Tomsic motioned that Mr. Brundage .raft the letter, have it reviewed by the city adminis- trator and the city attorney, and hand deliver it to those in violation of Section 27-2-2 of tic.% Moab City ode. Councilman Barker seconded the motion and it as approved unanimously. Mr. Brundage asked for clarification on how Section 7-4-2, Nonconforming Buildings and Uses should be inter- �reted as it relates to mobile homes. (A) states that "no further development or change in use can be undertaken ontrary to the provisions of this Ordinance, it is the intent of this Ordinance that nonconforming uses shall of be increased nor expanded except where a health or afety official, acting in his official capacity, requires .uch increase or expansion." r Mr. Brundage stated that in the past it has been per- issible to replace an existing trailer with another but ast week City Attorney Ruggeri stated that in his opinion uch action was an expansion of use under the above stated ection. r. A. J. Coffman stated that the problem with interpreting his section revolves around whether a functional or struc- ural definition is applied to the word 'use,' and that the ording could be changed to clarify this point. Councilman acobs suggested that the length of time a nonconforming uilding may be abandoned and still be replaced be reduced rom one year to six months to facilitate the relocation of railers in mobile home parks and discourage these lots eing used for trailer rentals. Councilman Peterson sug- ested the time period be three months. At this point Mr. Coffman suggested that a motion be ntertained as follows: Ordinance 27-4-2 be revised to eflect the intention that an owner occupied mobile home onstituting a nonconforming use in its present location ay be removed and replaced by another mobile home within 325 G'p d�+ CrJ L=1 c.� U 90 days and so continue as a nonconforming use providing the mobile home replacing the one formerly removed be located within the minimum set backs as required by the zongin district for residential use in that zoning district. Councilman Wiseman moved to accept Mr. Coffman's wording. Councilman Tomsic seconded the motion and it was approved unanimously. Mr. Brundage requested a decision from the council a to the cost of building permits for pre -built homes in- stalled on foundations Foundation, footings, electrical and plumbing systems are inspected by Mr. Brundage while the home is inspected before it arrives in Moab. Council man Barker moved that in the case of pre -built homes whic are constructed and inspected outside of Moab City and installed on foundations in Moab City that the building permit fee be 50% of the building permit fee established for a house constructed in Moab. Councilman Tomsic sec- onded the motion and it was approved unanimously. Mr. Brundage stated that many sidewalks on city righ of -way are obstructed by signs, poles and merchandise and that he intends to write a letter to all violators. He wanted the council to be aware of his actions. Councilma Jacobs suggested that Mr. Brundage make a study of the sidewalk situation on Main Street and make a recommendati to the council of how wide sidewalks should be along Main Street to accommodate existing utility poles, fire hydran and driveways. Councilman Barker motioned to adjourn at 3:45 p.m. Councilman Wiseman seconded the motion and it was arove unanimously. W ATTEST: d'a4t3:22ke, Cit Recorder can McDougald, May October 4, 1977 A regular meeting of the Moab City Council was called to order at 6:00 p.m. by Mayor McDougald. Council- ment Tomsic, Jacobs, Peterson, Wiseman and Barker were present. Also present were City Engineer Keogh, Building Inspector Brundage, City Administrator Bretzke and Marsha Christensen. Councilman Wiseman moved that the minutes of the special City Council Meetings on September 23rd and 27th, and the regular minutes of September 20, 1977 be approved. Councilman Peterson seconded the motion and it was approved unanimously. councilman Barker moved that the Memorandum Of Agreement Among The City Of Moab, Utah And The Grand County Commission And The United States Relating To The Development Of A Sanitary Landfill Dump be signed by the City. Councilman Jacobs seconded the motion and it was approved unanimously. Councilman Barker moved that Ordinance No. 18-77 re- lating to replacement of mobile homes in areas of noncon- forming use be approved. The motion was seconded by Councilman Tomsic and was approved unanimously. Building permit fee for pre- built homes set Obstructions on Main Street sidewalks Adjournment Regular meeting Attendance Minutes approved Approval of Agreement between City, County, United States for Landfill Ordinance No. 18-77 approved Ordinance No. 18-77 Ordinance 19-77 approved Approval of recommendation for 6 foot side- walks on Main St. Sidewalk Agreement with Utah Dept. of Transportation AN ORDINANCE AMENDING ORDINANCE NO. 1-74, MOAB CITY CODE, SECTION 27-4-2, ZONING, SPECIAL EXCEPTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Ordinance No. 1-74, Moab City Code, Section 27-4-2; Special Exceptions• is hereby amended by adding a new sub- section (H) to read as follows: (H) An owner -occupied mobile home constituting a noncon- forming use in its present location may be removed and replaced by another mobile home within 90 days and so continue as a nonconforming use providing the mobile home replacing the one formerly removed be located within the minimum set backs as required by the zoning district for residential use in that zoning district. Councilman Tomsic moved that Ordinance No. 19-77 relating to building permit fees for pre -built homes be approved. Councilman Barker seconded the motion and it was approved unanimously. Ordinance No. 19-77 AN ORDINANCE AMENDING CHAPTER 5, BUILDINGS, MOAB CITY CODE, 1965 AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 5-3 of the Ordinance of Moab City, 1965, as amended by, and the same is, hereby amended to read as follows: "Sec. 5-3. Same -- Permit fees The building permit fees applicable in the the Building Code adopted by this chapter Cost of Work Less than $100 $101 to and including $300 $301 to an including $500 $501 to and including $1,000 Each additional $1,000 to and including $15,000 Each additional $1,000 over $15,000 to and including $50,000 Each additional $1,000 over $50,000 City for use under shall be as follows: Charge No charge $2 50 $5.00 $10.00 $2.50 $1.50 $1.00 Pre -built homes which are constructed and inspected outside of Moab City and installed on foundations in Moab City shall be assesed a building permit fee of fifty percent (50%) of the building permit fee established for a house constructed in Moab. Larry Brundage presented his recommendation for width of sidewalks on Main Street to the Council. Because of light poles in the area, he suggested a sidewalk width of 6 feet. Councilman Tomsic made the motion that the City accept this recommendation for a 6 foot sidewalk width on Main Street. Councilman Wiseman seconded the motion and it was approved unanimously. City Administrator Bretzke stated that the Sidewalk Agreement with the Utah Department of Transportation grants $10,000 to install sidewalks as continuously as possible for safety purposes. 1,693 linear feet of sidewalk, six feet wide, would cost approximately $15,273. This would complete the sidewalks on both sides of Main Street from Pack Creek to 4th North. Mr. Bretzke asked if the City 327 could contribute the difference between the grant and the total project cost from the General Fund, Street and Highways Department. Councilman Barker moved that con- sideration of the Sidewalk Agreement be tabled. Council- man Tomsic seconded the motion and it was approved unanimously. Council next considered a letter from Bill Hines of the Grand Valley Fire Protection Board regarding a reques to utilize approximately 200' x 200' of city land for a sub -,fire station. Councilman Wiseman moved that this matter be tabled until the next City Council Meeting when Bill Hines can come to discuss this with plans of how the sewage problem will be taken care of. Councilman Tomsic seconded the motion and it was approved unanimously. Council considerd a proposed letter from Building Letter to Inspector Brundage to be delivered to violators of Sectio violators of 27-2-2, Moab, City Code, which prohibits livestock within Section 27-2-2 city limits. The letter states that violators have 10 days in which to comply with the Ordinance or be guilty of a misdemeanor. Councilman- Wiseman moved that 30 days be given to comply with the Ordinance and Councilman Barker seconded the motion. Councilmen Jacobs, Tomsic CYD and Peterson voted "nay" and Councilmen Wiseman and Barke d" voted "aye." The motion was not carried. A discussion g ensued concerning exactly what animals the term 'livestoc ' includes and it was decided to get clarification on this U from City Attorney Ruggeri. City Administrator Bretzke informed the Council that City employees county and hospital employees would receive Columbus Day to have Columbus as a holiday as hospital employees had threatened to stri a Day holiday this if they were denied this holiday. Councilman Wiseman year moved that the city accept Columbus Day as a holiday this year to concur with the county vacation schedule. Counci man Peterson seconded the motion. Councilmen Jacobs, Tomsic, Wiseman and Peterson voted "aye" and Councilman Barker voted "nay." The motion was carried. Councilman Tomsic moved that the bills be approved Bills approved for payment as presented. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Tomsic requested that it be stated in these minutes that elected City Councilmen are not re- quired to fill out expense sheets for conventions as are employees. Councilman Peterson moved that the meeting be Adjournment adjourned at 7:30 p.m. Councilman Tomsic seconded the motion and it was approved unanimously. P V Wm. Dean McDougal, Mayor ATTEST: Grand Valley Fire Protection District request tabled Councilmen need not do expense sheets 328 Regular Meeti Attendance SUBJECT: I I Minutes apprf Walter Pugh Development problems City to lease land to Grand Valley Fire Protection District TO: Moab City Council FROM• David J Bretzke DATE: October 14, 1977 Miscellaneous subjects * * * * * * * * * * * * * * * * * * * I. Lee McQuivey would,like the City and County to furnish John Keogh's time and pay for his afrvices to work with two men from the Array Corps of Engineer office t'o survey several cross sections on Mill Creek above and below the emergency flood bank protection area at the high school. 2. Marvin Johnson of the Utah Intergovernmental Personnel Association called on Thursday and said he would have eight copies of the personnel manual here next Tuesday, October 18, 1977. 3. Shelly and EmiLee Hefner were in and discussed the letter that was sent out to all young people in town who received various swimming cer- tificates at the pool this last summer. They felt the letter inferred that they were not qualified instructors. Cory Tanner, Director for Safety Programs of the American Red Cross, is obtaining letters from some parents of children who felt that the girls did a competent job and he in turn will write to me to authorize the girls to re -issue Certificates to be signed by another Red Cross representative in Moab. He also recommends that another letter be sent to all swimmers and apologize if in any way a parent felt that the Hefner girls were not qualified. I have agreeed to send another letter to correct this situation. 4. Mr. Ed Claus suggested at the time he was appointed to do the financial reporting that the council might consider having a quarterly review of finances of the city as to how we stand against the budget He has recommended that we do this, perhaps at a special meeting on October 25, 1977. The September financial report should be available by Tuesday, October 18, 1977. 5. The last time the council reviewed the dog control situation was on September 6, 1977. I can call Leon Stocks into the meeting on October 18, 1977 if you desire. Building Inspector to attend seminar Flood problems at Ing and Head residences Corps of Engineers request help In paying John Keogh's salary "a/t4-0 2?-.2-4 David J. Bretzke Councilman Tomsic moved that Building Inspector Brundage attend the Utah Plumbing Inspectors Association Annual Business Meeting and Educational Seminar in St. George on November 10, 11, and 12, 1977. Councilman Wiseman seconded the motion and it was approved unanimously. Bill Benge, representing Mr. and Mrs. Pat Head and Larry Ing came before the council to discuss drainage problems with the Moab Irrigation ditch behind Emerald Subdivision. On two occasions the ditch overflowed and flooded their homes. Councilman Jacobs stated that the ditch was dug by the city but Moab Irrigation is totally responsible for it. The ditch was designed to handle both irrigation and flood water, but boards had lodged in the elbow on 5th West Street causing the problem Councilman Jacobs stated that the city would tear out the elbow and that Moab Irrigation would install and seal a Junction box, and that this sould be done by next week. Bill Benge stated that if the problem is taken care of, lit- igation may be avoided. Lee McQuivey of the Army Corps of Engineers requested that the city and county help pay for John Keogh's servives in providing additional cross sections on Mill Creek for their flood protection plan. This would amount to about 328 Regular Meeting Attendance Minutes approved Walter Pugh ' Development problems City to lease land to Grand Valley Fire Protection District Building Inspector to attend seminar Flood problems at Ing and Head residences Corps of Engineers request help in paying John Keogh's salary October 18, 1977 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers by Mayor McDougald. Councilmen Tomsic, Jacobs and Wiseman were present. Also present were City Administrator Bretzke, City Engineer Keogh, City Attorney Ruggeri, Water -Sewer Street Superintendent Day and Marsha Christensen. Councilman Tomsic moved that the October 4, 1977 minutes be approved. Councilman Wiseman seconded the motion and it was approved unanimously. Walter Pugh came before the council with three items he was concerned about. One item is already being taken care of, (fire hydrants). Another item was what the City is going to do about the curb and gutter on the north side of the Carroll Meador residence lying west of the Virginian Motel. The third item was resolving the situation at First East Street between 2nd and 3rd South Streets Mr. Pugh stated that it was his understanding that the curb, gutter and paving west of his property would be done by the city. Mayor McDougald questioned Mr. Pugh's statement Councilman Jacobs stated that this issue was discussed and that the city would do something about getting either Mr. Meador or the city to pay for the cost of these improvements. It was the general concensus of those present that the question of vacating and improving First East Street had not been resolved. Councilman Tomsic moved that we have the minutes checked that deal with these issues and see what action was taken by the council and that the results of this survey be sent to Mr. Pugh and the council. Councilman Wiseman seconded the motion and it was approved unanimously. Bill Hines of the Grand Valley Fire Protection District came before the council to discuss plans for handling sewage on property they want to lease from the city for a sub -fire station. He stated that a holding tank will be installed if sewer lines have not reached this area by the time the station is built next year. Councilman Jacobs moved that the city lease the land to the Grand Valley Fire Protection District for a period of 50 years. Councilman Tomsic sec- onded the motion and it was approved unanimously. Councilman Tomsic moved that Building Inspector Brundage attend the Utah Plumbing Inspectors Association Annual Business Meeting and Educational Seminar in St. George on November 10, 11, and 12, 1977. Councilman Wiseman seconded the motion and it was approved unanimously. Bill Benge, representing Mr. and Mrs. Pat Head and Larry Ing came before the council to discuss drainage problems with the Moab Irrigation ditch behind Emerald Subdivision. On two occasions the ditch overflowed and flooded their homes. Councilman Jacobs stated that the ditch was dug by the city but Moab Irrigation is totally responsible for it The ditch was designed to handle both irrigation and flood water, but boards had lodged in the elbow on 5th West Street causing the problem. Councilman Jacobs stated that the city would tear out the elbow and that Moab Irrigation would install and seal a Junction box, and that this sould be done by next week. Bill Benge stated that if the problem is taken care of, lit- igation may be avoided. Lee McQuivey of the Array Corps of Engineers requested that the city and county help pay for John Keogh's servives in providing additional cross sections on Mill Creek for their flood protection plan. This would amount to about 321 71-1 ct Q V $300 or $400 each for the city and county. The Corps has made the request because they are short of money. Councilman Wiseman moved that the city contact Mr. McQuivey and get an idea of what the Corps eventually wants to do with this project. Councilman Tomsic seconded the motion and it was approved unanimously. City Administrator Bretzke presented a plan to the council wherein sidewalks could be installed at various places along Main Street between 4th North and the south city limits, thus creating continuous sidewalks. This could be accomplished by using the $10,000 grant from the Utah Department of Transportation and approximately $900 from the city's General Fund, Streets and Highways Department. Councilman Wiseman moved that the city enter into a Sidewalk Agreement with the Utah Department of Transportation for $10,000 and that the city contribute approximately 10% of the cost to accomplish this project. Councilman Tomsic seconded the motion and it was approved unanimously. Leon Stocks, the Animal Control Officer, came before the council to present his animal control report for the months of September and October. Mr. Stocks questioned the legality of issuing citations as this is not mentioned in the City Code but was handled by council action. He also stated that violators have not been fined for cita- tions. City Attorney Ruggeri stated that it is legal to issue the citations and it was his understanding that the purpose of issuing citations was to correct the dog problem and not collect revenue through fines. The council agreed with this position. City Attorney Ruggeri stated that the courts are in conflict regarding what animals are included under the term 'livestock' and suggested that the city go ahead with assuming that livestock includes fowl and see what happens after the letters are delivered to violators of Section 27-2-2 prohibiting livestock within city limits. Councilman Tomsic moved that the bills be approved for payment as presented. Councilman Jacobs seconded the motion and it was approved unanimously. Councilman Tomsic moved that the council authorize Mayor McDougald to sign resolutions regarding city owned easements and right-of-way on the Emergency Bank Pro- tection Project of the Array Corps of Engineers along Mill Creek. Councilman Wiseman seconded the motion and it was approved unanimously. Meeting adjourned by mutual consent at 11:40 p.m. Wm. ATTEST: McDouga d, Mat -�� Davis J. Bretz, , City R=corder November 1, 1977 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the council chambers by Mayor McDougald. Councilmen present included Marge Tomsic, Keith Peterson, Harold Jacobs, Jim Wiseman and Dixie Barker. Also present were City Adminstrator Bretzke, City Attorney Ruggeri, City Engineer Keogh and Marsha Christensen. $10,000 grant from Utah Dept. of Trans. for sidewalks approved Animal Control Report Meaning of the term 'livestock' Bills approved Mayor to sign easements along Mill Creek Adjournment Regular Meeting Attendance 530 Minutes approved Bids for 1972 Ford Sedan Anshutz status report Final Plat of Utex Subdivision approved Ordinance to be reviewed by city attorney Election Judges approved Appointments to the Solid Waste Disposal Committee Approval for Citizens Party monitors Building inspector to attend workshop Lease agreement approved Walter Pugh Councilman Wiseman moved that the minutes of the October 18, 1977 regular City Council Meeting be approved. Councilman Jacobs seconded the motion and it was approved unanimously. There were no bids received for sale of the 1972 Ford Sedan. Mr. Lee Kuhre of the Anshutz Corporation presented a status report on their oil and gas development activities in the Book Cliff area of Grand County. Two of their state leases were included in a State Roadless Area and through the efforts of Grand County residents, a preferred south access route to the sites was finally approved by the State. However, the most practical route from the south must cross Indian and private land. Neither group is receptive to such a road at this time. Mr. Kuhre offered a formal thank you to the citizens of Moab and Grand County for their support. Councilman Tomsic moved that the final plat of Utex Subdivision, Plat C, Paul Cox developer, be approved and that the word 'purchaser' be changed to 'developer' on the plat. Councilman Barker seconded the motion and it was approved unanimously. Council considered an ordinance amending Moab City Code, Chapter 4, Animals and Fowl as it pertains to biting and barking dogs. City Attorney Ruggeri will reword the ordinance for review at the next council meeting. On a motion by Councilman Tomsic and seconded by Councilman Barker, Irma Newell and Norah Eubanks were approved as Judges of Election. The motion was a ..roved unanimously. Councilman Barker moved that the City Council appoint Harold Jacobs as the city's elected official and Mary Ann Murray as the citizen representative to the Solid Waste Disposal Committee and that the Council recommends the appointment of Lyle Jamison to the Board of County Commissioners for consideration as the govern- ment representative. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Barker also moved that it be the Council's recommendation that the length of terms for members of the Solid Waste Disposal Committee be set up like those of the Water Conservancy Board. Councilman Tomsic seconded the motion and it was approved unanimously. Tom Stocks, Citizens Party Candidate for Mayor, requested permission to have a party member at each election district to monitor. Councilman Wiseman moved that the Citizens Party be allowed to have a monitor at each polling place. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Wiseman moved that Building Inspector Brundage's request to attend a week long workshop on the Energy Conservation Code be approved. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Jacobs moved that the lease agreement with the Grand Valley Fire Protection District be signed. Councilman Tomsic seconded the motion and it was approved unanimously. At the October 18, 1977 City Council Meeting, Walter Pugh had asked what the city was going to do about curb and gutter on the north side of the Carroll Meador pro- perty west of the Virginian Motel on second south. At that time it was requested that the minutes be checked to see if any agreement was made in this matter. At an on -site meeting on June 8, 1976, the minutes state that 331 City Administrator Bretzke recommended "complete pavement and curb and gutter on the south side of Second South Street from Main Street to the dead end of the street. The city to pave and curb and gutter from Main to west right-of-way of Pugh Zuckerman property." No formal action was ever taken. Councilman Tomsic moved that the city notify Mr. Pugh that the city is not going to assume the expense of curb and gutter from Main Street to the Pugh Development on Second South. Councilman Wiseman seconded the motion. Councilmen Barker, Jacobs and Peterson were opposed to the motion. It was agreed that Mr. Pugh should come before the council to discuss the matter. City Administrator Bretzke stated that only one Sidewalks on person had approached him concerning bids for sidewalks on Main Street Main Street. Mr. Bretzke had a new proposal to make in this matter, i.e., old sidewalks could be repaired. This would avoid the issue of installing new sidewalks at no cost to property owners while property owners in the past have installed them at their own expense. It was the Council's decision to honor the motion made previously and proceed with obtaining bids for the construction of new CO sidewalks on Main Street. d" M Councilman Peterson questioned what was being done Status of Croasmun L.?about the Croasmun property on Main Street north of the property clean-up v Poplar Place. City Attorney Ruggeri stated that the wrecked truck has been moved but that a court case would probably fall through as the only problem with the propert is that it is unsightly and there are no statutes against this. Mr. Ruggeri stated he would try to contact the property owner and get some action. Councilman Jacobs informed the Council that Ocea Salary for Ocea Edwards still has work to do at the Old City Park and she Edwards to continue has requested an extension of her summer pay rate until she cannot work outside. Councilman Barker moved that we continue Mrs. Edward's salary at the present rate as long as the work season continues. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Tomsic moved that the bills be approved as Bills approved presented. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Wiseman stated that the owners of the Numbers on trailers Walnut Lane Trailer Court have not compled with the city's in trailer courts request to put numbers on trailers and that policemen are still having problems locating trailers. City Attorney Ruggeri stated that he would look in to making an ordlnanc requiring numbers to be placed on trailers in trailer cour s. Councilman Jacobs moved that meeting be adjourned at Meeting adjourned 12:15 p.m. Councilman Peterson seconded the motion and it was approved unanimously. m. Dean Mciougal ATTEST: David J. Bre e, Git 'Recorder yor 4 c3 2 November 14, 1977 Regular meeting A special meeting of the Moab City Council was to be held at 11:30 a.m. in the Council Chambers. Members present Attendance included Keith Peterson and Jim Wiseman. Also present were Mayor McDougald, City Administrator Bretzke and Marsha Christensen. The special meeting was called for the purpose of holding meeting postponed the Official Canvas of election returns. Because a quorum was not present, Mayor McDougald postponed the meeting until Tuesday, November 15, 1977 at the Regular City Council Meeting at 7:30 p.m. Judge Donald Crist had requested that it be announced at luncheon cancelled this meeting that the luncheon meeting with Judge Shey Tuesday, November 15, 1977 at the Green Well has been cancelled and that he will present the impact statement of the circuit court at the Regular City Council Meeting on November 15, 1977. special meeting attendance November 15, 1977 A special meeting of the Moab City Council was claled to order at 7:30 p.m. in the office of the City Administrator for the purpose of the official canvas of election returns. Members present included Mayor McDougald, James Wiseman, Harold Jacobs and Dixie Barker. City Administrator Bretzke and Marsha Christensen were also present. The Statement of Disposition of Ballots and the Tally List ballots checked for each of the five election districts were checked and two two errors found errors were found. Ron Auger, a write-in candidate for Mayor in District No. 4, cannot be counted as he is a county resident. Fred Lathrop received three votes in District No. 1 instead of the one vote reported. record made meeting adjourned regular meeting attendance minutes approval Councilman Wiseman moved that the records show that the official canvas was held and that the above mentioned errors were found and corrected. Councilman Barker seconded the motion and it was approved unanimously. Meeting adjourned at 8:00 p.m. November 15, 1977 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers by Mayor McDougald. Those present were Councilman Harold Jacobs, James Wiseman, Dixie Barker, City Administrator Bretzke, City Attorney Ruggeri and Marsha Christensen. Councilman Jacobs moved that the November 1, 1977 City Council Meeting minutes be approved with the deletion of the ords 'and that Councilman Jacobs would approach Carroll eador about installing these improvements on his property himself.', from the third paragraph of page two. Councilman iseman seconded the motion and it was approved unanimously. Two bids were received for an addition to the city shop. shop addition bids Key Construction submitted a bid of $6,390.00 and Phillips Construction submitted a bid of $#,689.20. Councilman Jacobs moved that the bid be awarded to Phillips Construction. Council- man Wiseman seconded the motion and it was approved unanimously. new circuit court Ada Holyoak property Judge Donald Crist presented the circuit court impact statement to the Council. In brief, the circuit court judge will have increased jurisdiction and will cover Grand and San Juan Counties. His salary and travel will be paid by the State while the Court Clerk's salary and office supplies will continue to be paid for by Moab City. The new circuit court will begin operation on July 1, 1978. Dan Holyoak came before the Council concerning a problem with property owned by Ada Holyoak. The house sits on the right-of-way line and the porch extends five or six feet into the right-of-way. Title insurance cannot be obtained because of this. Mayor McDougald suggested that Mr. Holyoak draft an ordinance to handle this particular situation and return with it for Council approval at the next Council meeting on December 6, 1977d Council next considered Ordinance 20-77 amending Ordinance 20' 0 3 Moab City Code, Chapter 24, Mobile Homes, Mobile approved Home Parks and Mobile Home Subdivisions, Councilman Darker moved that Ordinance 20-77 be approved as written. Councilman Jacobs seconded the motion and it was approved unanimously. ORDINANCE.NO. 20-77 AN ORDINANCE AMENDING MOAB CITY CODE, CHAPTER 24, MOD HOMES, MOBILE HOME PARKS, RECREATIONAL VEHICLES, AND RECREATIONAL VEHICLE COURTS AND MOBILE HOME SUBDIVI- SIONS. BE IT ORDAINED BY THE CITY COUNCIL,OF THE CITY OF MOAB, UTAH that the following Section be added to Chapter 24: "Sec. 24-6 Numbering of mobile home lots, etc. (a) Intent. The intent of this section is to provide ease of identifying locations within a mobile home subdivision, park or court for emergency vehicles, suc as police, fireman, ambulance (b) Regulations. Each lot within a mobile home park, :D court or subdivision shall have an identifying number [I" of reflector material no smaller than four inches in M height. In the event there are curbs and gutters, said identifying number may be placed on the curb in V front of each lot. In the event there are no curbs U and gutters, a post at lease four feet high with said identifying number shall be so placed on each lot so as to be easily seen from the access road in front of each lot. (c) The Building Inspector will select the numbering sequence for said mobile home subdivision, park or court. E h PASSED by the unanimous vote °flail members present of the City Council of the City of Moab, Utah, this 15th day of November, A.D., 1977. Council considered approval of Ordinance 21-77 Ordinance 21-77 amending Moab City Code, Chapter 4, Animals and Fowl, approved Sections 4-15 and 4-32. Councilman Wiseman moved tha: the first sentence of Section 4-15 read that "Any dog which shall bite, attack or attempt to bite one or more persons without provocation is hereby declared a nuisance and shall not be kept within the city." and that Section 4-32 be adopted as written. Council- man Darker seconded the motion and it was approved unanimously. ORDINANCE NO. 21-77 AN ORDINANCE AMENDING MOAB CITY CODE, CHAPTER 4, ANIMALS AND FOWL, SECTIONS 4-15 and 4-32. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: That Section 4-15. Dogs Biting persons three or more times in five years to,be excluded from city be, and the same is, hereby amended to read as follows: "Sec. 4-15 Dogs biting persons without provocation to be excluded from city; Any dog which shall bite, attack, or attempt to bite one or more persons without provocation is hereby declared a nuisance and shall not be kept within the city. If any such dog shall be found within the city, it shall be impounded and disposed of as an unredeemed dog and the owner shall have no right to redeem such dog." That Section 4-32. Impounding redemption and disposal of fierce, dangerous, disturbing, etc., doss, be and the same is hereby amended to read as follows: .334 "Sec. 4-32. Impounding, redemption and disposal of fierce dangerous, disturbing, etc., dogs. final assessments hearing set December 20, 1977 in employee meeting set move Edwards trailer construction - spring and wells ^ersonnel policies )ills approved adjourned special meeting attendance Any fierce, dangerous or vicious dog at large in the public ways or public places of the city or upon private premises of any person other than the owner, and any dog which may disturb the quiet of any person or neighborhood by barking, fighting or howling, or which may so conduct itself on private premises as to cause harm thereto, or annoyance to the owner thereof, or which shall bite a person or so injure a person as to cause an abrasion of the skin, is a nuisance, and such dog shall be immediately taken up and impounded in the manner provided in this division. Any such dog may be redeemed only by a person undertaking to control such dog so as to prevent its being a nuisance, and if any such dog shall be impounded three times in any two year period under the provisions of this section such dog shall be disposed of as an unredeemed dog unless the owner shall undertake to keep such dog outside the city. "If any fierce, dangerous or vicious dog cannot be safely taken up and impounded, such dog may be slain by any policeman." PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 15th day of November, A.D., 1977. A public hearing to consider final assessments on Special Improvement District No. 4 was set for 8:00 p.m. he Council Chambers. A meeting with the city employees was scheduled for 4:00 p.m. on December 1, 1977 to discuss the new Personnel Policies and Procedures manual. Councilman Jacobs asked the Council to consider moving Ocea Edward's trailer from its present location to a spot under the trees and south of the pond at the Old City Park. This would necessitate a septic tank, extending the water lines and pouring a cement slab. Councilman Jacobs also requested that a small zoo at the park be considered. No objections were raised to these requests, City Engineer Keogh asked Dave Eretzke to report teat he had met with the Grand County Planning Commission regarding construction around springs and wells. It was decided that if construction were limited to within 1,500 feet of any water source the problem could be handled. Mr. Keogh requested that the City Attorney study this to see how this could be handled legally. Councilman Wiseman mentioned that of nine employees hired since August 9, 1977, three were not hired according to the Personnel Policies and Procedures Manual. It was pointed out that the manual had not been distributed to supervisors at that time, but that the manual will be in effect as of December 1, 1977 and that all policies should be followed at that time. Councilman Jacobs motioned that the bills amounting to $14,703.71 be approved for payment and that the $28.00 check to Norah Eubanks, an election judge, be included on the list for a total of $14,731.71. Councilman Wiseman seconded the motion and it was approved unanimously, Councilman Wiseman moved that the meeting be adjourned. Councilman Barker seconded the motion and it was approved unanimously. Meeting adjourned at 10:40 p.m. November 29, 1977 A special meeting of the Moab City Council was called to order at 4:00 p.m. in the Council Chambers. Those present were Councilmen Jacobs, Wiseman, Peterson, Tomsic, 'and Barker. City Administrator Eretzke, Marsha Christensen, and Kenneth Key. bids for sidewalk The purpose of the meeting was to award the bid for sidewalk construction on Main Street. Three bids were received: 335 Ken Construction: $ .99 - 4 inch thick cost per square foot $1.24 - 6 inch thick cost per square foot Canyonlands Concrete: $1.75 - 4 inch thick cost per square foot $2.10 - 6 inch thick cost per square foot Lloyd Lowry: $1.84 - 4 inch thick cost per square foot $2.16 - 6 inch thick cost per square foot Councilman Wiseman moved that the City accept the Key Construction low bid from Key Construction and that any cost increas taken in cement above $38.15 per cubic yard for 6 bag mix be passed on to the City. Councilman Jacobs seconded the motion and it was approved unanimously. Meeting adjourned at 4:30 p.m. by mutual consent. Adjourned. December 6, 1977 A special meeting of the Moab City Council was Special Meeting '711 called to order at 7:30 p.m, by Mayor McDougald in the Q office of the City Administrator. Councilmen present Attendance included James Wiseman, Dixie Barker, Marge Tomsic, C.)Harold Jacobs and Keith Peterson. City Administrator Bretzke was also present. Mayor McDougald opened the special meeting to discuss certain items on the regular agenda. Mayor McDougald recommended appointing John C. Urbanek to the Solid Waste Disposal Committee as a representative of a federal government agency to serve on the committee. This appointement was confirm by the City Council. The Council considered a request to send Councilman Jacobs and Wastewater Treatment Plant Operator Joe Severns to a Water and Wastewater Disinfec tion Workshop on December 14th and 15th, 1977 at the Utah Technical College in Orem, Utah. The request was approved on a motion by Councilman Tomsic and seconded by Councilman Peterson. City Administrator Bretzke had been contacted by the Corps of Engineers to have the Mayor sign a revised agreement between the City, County and the Corps of Engineers as it pertains to a statement of assurances between all parties involved in the emergency bank protection on Mill Creek by the high school. The wording had been changed slightly from the original agreement. Council approved the request and the Mayor signed the agreement. Urbanek appointed wastewater workshop Mill Creek bank protection The City Administrator had received preliminary plans for bank protec- plans and specifications for the bank protection on tion approved Mill Creek above 3rd South by the high school. The plans have been reviewed by the City Engineer, John Keogh, and Grand County Commissioners. A letter will be sent to the Corps of Engineers, Sacramento Office, approving the plans. The council concurred with this recommendation. It is planned to advertise for bids after the first of the year for this pro3ect. Councilman Jacobs indicated there are 144 out -of water hook-ups city watelr customers and felt that if water connection were made in the county, a substantial connection fee should be assessed of up to $200 and that these fees could be placed in escrow for the Spanish Valley Water and Sewer District. The Council decided they should discuss this with the County Commissioners. On a mots n by Councilman Wiseman and seconded by Councilman Jacob the City Council declared a moratorium on any water hookups outside of the city on city water systems unle•s the request for service has been under prior approval =s of this date. The motion was approved unanimously. 3 3 (3 Adjourned Regular Meeting Attendance approval of prior minutes Walker Subdivision retaining wall extension Ordinance 21-77 Energy Code Meeting adjourned at 8:00 p.m. December 6, 1977 A regular meeting of the Moab City Council was called to order at 8:00 p.m. by Mayor McDougald in the Council Chambers. Councilmen present were Peterson, Jacobs, Tomsic, Barker and Wiseman. Also present, were City Administrator Bretzke, City Attorney Ruggeri, City Engineer Keogh and Marsha Christensen. Councilman Barker moved that the minutes of the Official Canvas of November 15, 1977 be approved. Councilman Jacobs seconded the motion and it was approved unanimously. Councilman Tomsic moved that the minutes of the special City Council meeting held November 29, 1977 be approved with the addition of Councilman Tomsic as being present. Councilman Barker seconded the motion and it was approved unanimously. Councilman Barker moved that the minutes of the Nov- ember 15, 1977 regular City Council Meeting be approved with the deletion of the fifth paragraph. Councilman Wiseman seconded the motion and it was approved unanimously. Lester "Bud" Walker came before the Council to discuss his proposed subdivision on Hillside Drive. He stated that the Planning Commission had given final approval to the subdivision with the stipulation that Mr. Walker obtain plans for a flood control dam. He contacted the Soil Conservation Service and their representative informed him that the S.C.S. did not want to half anything to do with the project because of the Teton Dam disaster. Mr. Walker stated that sidewalks, curb and gutter had been installed, water and sewer have been stubbed in, but that he cannot afford to build a dam for the three lots. Cost of the project has been estimated at between $20,000 and $25,000. Councilman Jacobs stated that he has applied for flood control monies but that they will not be available for some time. He said he would talk with the State Engineer about the problem when he is in Salt Lake City this Friday. Councilman Barker moved that consideration of this matter be tabled until Councilman Jacobs has spoken with the State Engineer and that a special meeting be held at 10:00 a.m., Tuesday, December 13, 1977 at the subdivision site. Councilman Wiseman seconded the motion and it was approved unanimously. Jimmy R. Richardson came before the Council with a request to extend a two foot high retaining wall into the public right-of-way under Section 21-14 of the Moab City Code. The wall would be 14' back of the driveway apron. Councilman Tomsic moved that Mr. Richardson's request be granted. Councilman Barker seconded the motion and it was approved unanimously. Council discussed Ordinance 21-77, amending Moab City Code, Chapter 4, Animals and Fowl, Sections 4-15 and 4-32. The ordinance had been approved on November 15, 1977 but a question about the wording had arisen. It was decided that Ordinance 21-77 is in order and no changes would be made. Cuilding Inspector Brundage came before the Council to discuss the Utah Code for Energy Conservation and New Building Construction. Mr. Brundage stated that the intent of the Code is a reduction of energy consumption by 30% through specifications on heating, lighting, cooling, insulation, general building design and construction. Mr. Brundage stated that residential homes in the area conform to the specifications very well, but that commercial buildings do not. He feels his work load will double with enforcement of the new Code. Councilman Jacobs moved that the Utah Code for Energy Conservation and New Building Construction be adopted as presented and that the organization and enforcement of the Code be administered by the Building Department under the Uniform Building Code. Councilman Tomsic seconded the motion and it was approved unanimously. The Mayor informed the Council that he has been Criminal serving on the Utah Council on Criminal Justice Justice Adminst a - Administration. He was appointed by the Governor to tion Council replace Councilman Jerry Eonser as the representative from Grand, Carbon, Emery and San Juan Counties. Mayor McDougald stated that he feels this Council is very worthwhile and that he hopes Moab will continue to be represented. He stated that approximately $5,200 is available through Law Enforcement Planning Assistance. Chief Mel Dalton stated that he intends to apply for th funds to be used for camera equipment and sending an officer to a two week camera and photography school. Chief Mel Dalton reported that the Uniform Crime Uniform Crime Reporting System will go into effect on January 1, 1978 Reporting System in Utah. This will require more work for the police secretary, but will be a very worthwhile system. City Administrator Eretzke stated that Grand Count Mill Creek Road will be using Collector Road Funds on the Mill Creek Project Road Project. The engineering will be done by the State, the right-of-way survey work will be done by the County, construction of base will be done by the County and the paving will be contracted out. Much planning will be necessary before work is begun, but, in the interim, the developers of Loveridge Acres will [fj be asked to put up a bond for necessary improvements along Mill Creek Drive. Councilman Tomsic moved that t is matter be tabled until a specific plan can be presented Vfor approval. Councilman Peterson seconded the motion L..) and it was approved unanimously. On January 1, 1978 there will be a vacancy on the Council vacancy City Council as Harold Jacobs will begin serving his term as Mayor. Council discussed how this vacancy should be filled. Councilman Wiseman moved that letter of interest be taken for consideration between January 1st and January 15th, 1978 to fill the vacancy. Councilman Tomsic seconded the motion and it was approved unanimously. Council next discussed the sidewalk problem in the sidewalk resolution original 25 block area of Moab City. Where sidewalks #8-77 exist, some are next to the curb while others are back of the curb. After some discussion, Councilman Wisema resolved that in the original 25 block residential area, sidewalks should be approximately five feet back of curb and that these sidewalks be connected to existing sidewalks by bending the alignment. Councilma Tomsic seconded the resolution. Councilmen Tomsic, Ba er and Wiseman voted "aye," and Councilmen Jacobs and Peterson voted "nay.' and the resolutaion was a••rov City of Moab, Utah Resolutaion No. 8-77 WHEREAS, the Mayor and City Council of Moab adopted the following resolutaion at their regular City Council Meeting held December 6, 1977; and WHEREAS, the original twenty-five blocks in the Cit of Moab have some existing sidewalks, and many do not, and a policy should be established regarding the addit on of new sidewalks in this area; and WHEREAS, the City has studied the situation concerning where to place the sidewalks in these areas. NOW THEREFORE, BE IT RESOLVED, that any new side- walks installed in the original twenty-five block residential area of the city shall be placed five feet from curb behind existing driveway aprons, and said sidewalks shall be connected to any existing sidewalks by bending the alignment. Passed this 6th day of December 1977. Councilman Jacobs requested that the 1972 Ford Galaxie and the 1969 Chevrolet Van used as the animal control van be placed on the Peterson Ford lot to be sold and that the 1959 Ford pick-up be sold to Lynn Day for $50.00. There were no objections to these requests. Dog wagon to be sold 3 3 `Carroll Meador's Councilman Tomsic reported that Mr. Carroll Meador tree, curb & gutter agreed to allowing the City to remove the tree on his property which is in the way of the new sidewalk going in. Mr. Meador also stated he will not pay for curb and gutter on the north side of his property until he has decided what he wants to do with the property. Councilman Barker moved that the City submit as new city projects projects for James Irwin, a community center, a second scimming pool, improvements at the golf course, and that at a future time we look at submitting sewer plant expansion for consideration. Councilman Wiseman seconded the motion and it was approved unanimously. James Irwin's grant Councilman Barker reported that at the last County work Commissioners Meeting, $10,000 was budgeted to finance James Irwin's grant work. She suggested that the City could use part of the $75,000 budgeted for a second scimming pool in Revenue Sharing for Mr. Irwin's fees. Mrs. Barker explained that Mr. Irwin's fee is $35.00.an hour but that if a grant is received for a project, he will include his fee in the grant. Councilman Barker then moved that the City approve up to $10,000 from the Revenue Sharing source set aside for a swimming pool to make advance payment sto James Irwin for securing funds for City projects. Councilman Wiseman seconded the motion and it was approved unanimously. approval of bills adjournment special meeting attendance review of canyon mout berm ditch suggested Councilman Tomsic moved that the bills in the amount of $18,343.92 be approved as presented. Councilman Barker seconded the motion and it was approved unanimously. Councilman Jacobs moved that the meeting be adjourned at 11:05 p.m. Councilman Wiseman seconded the motion and it was approved unanimously. SPECIAL COUNCIL MEETING December 12, 1977 10:00 a.m. A special meeting of the Moab City Council was held at 10:00 a.m. Monday, December 12, 1977 at the east end of Hillside Drive, for an on -site inspection of a canyon drainage area east of the porposed three lot Walker Subdivision being developed by Lester "Bud" Walker. Present were City Councilmen Barker, Tomsic, Jacobs and Mayor McDougald. Also present were David Bretzke - City Administrator, Lester Walker, and Clark DeLong. The City Council reviewed the mouth of the canyon just east of a proposed 60' right-of-way lying east of the proposed subdivision. It was recommended that Mr. Walker should fill in the future street right-of-way and form a berm ditch which would divert the drainage to the northeast corner of Hillside Drive, approximately 60 feet east of the proposed east lot in the subdivision. After the work was performed, by Mr. Walker, the Council would make a second inspection of the site. The City Council also said it would further pursue making applications for federal funding for local drainage problem areas such as this. The following signature of Wm. Dean McDougald, Mayor and Attest of David J. Bretzke, City Recorder cover the minutes of the special meeting of November 14, 1977; the special meeting of November 15, 1977; the regular meeting of November 15, 1977; Ordinance N20-77; Ordinance #21-77; the special meeting of November 29, 1977; the special meeting of December 6, 1977; and the regular meeting of December 6, 1977. Wm. Dean McDougald, Ma ATTEST: ../ David J.% Brett, Cit R corder Y December 20, 1977 r A regular meeting of the Moab City Council was called to order at 8:00 p.m. by Mayor McDougald in the Council Chambers. Councilmen present were Tomsic, Peterson, Wiseman, and Barker. Also present were City Administrator Bretzke, City Engineer Keogh, and three citizens. Councilman Peterson moved that the minutes of the the regular Council meeting of December 6, 1977 be approve Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Barker moved that the minutes of the regular Council meeting of December 12, 1977 be approved with the correction as follows: In the fourth paragraph the word "Determined" was changed to "recommended" and the last sentence was deleted and the following one added: After the work was performed by Mr. Walker then the Council would make a second inspection of the site. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Wiseman moved that the minutes of the Special Meeting of the Council on December 6, 1977 be approved. Councilman Barker seconded the motion and it was approved unanimously. Mr. and Mrs. Doug White, two citizens from McGill McGill Boulevard bills Boulevard, had questions concerning the billing on their share of the pavement that was done in front of their property. Mr. Bretzke informed them that their bills were now corrected and they have 15 days without interest in which to pay them. Anotehr citizen, Roy Maki, expressed his opinion and Maki's grievances some grievances he has about the sidewalks going in on North Main Street. He would like the debris in front of his place removed. Mr. Bretzke said the clean-up would be done to his satisfaction by the contractor. Councilman Barker moved that Resolution #9-77 regardin Resolution N9-77 Special Improvement District N4, final assessments, be adopted adopted. Councilman Wiseman seconded the motion and it was approved unanimously. City of Moab, Utah Resolution No. 9-77 339 regular meeting attendance approval of minutes . of 12-6-77 Special Improvement District No. 4 WHEREAS, the Mayor and City Council of Moab, sitting as the Board of Equalization and Review held a public hearing at 8:00 p.m., December 20, 1977 in the Council Chambers, Moab City Hall, 121 East Center Street to consld r final assessments on sidewalks, curb and gutter, driveway approaches, grading and paving on Park Drive, and MCG111 Boulevard in Moab City; and WHEREAS, the Mayor and City Council has reviewed all assessments and has determined that each assessment has been equally assessed based on the benefit derived, and wo k completed; and WHEREAS, adjustments have been made to specific property owners within the District as a result of said public hearing; and approval of minutes of 12-12-77 approval of minutes of 12-6-77 340 City's insurance bids oaths of office set insurance get firmer figures bid rejected J Health insurance bids State Pedestrian Safety Sidewalk Pro- gram VHEREAS, each property owner has been notified of said public hearing and has been notified of their final assessments. NOW THEREFORE BE IT RESOLVED, that each property owner will have fifteen days from this date in which to pay their assessment, or elect to pay it over a ten year period with interest at six percent (6%). After the fifteen day cash payment period, the difference between the cash received and the total amount assessed will be financed through the issuance of a Special Improvement District No. 4 Note, with the First Western National Bank, Moab, Utah. Principal and interest payments will be paid directly to the city on an annual basis and note and interest payments will be paid to the bank by the city. Details of each assessment and summary of costs for the Improvement District are made a part of this Resolution, attached as Exhibit A. Passed this 20th day of December, 1977. Only one insurance bid had been submitted for the City insurance for 1978 and it was opened. The bid was from Central Utah Insurance Company. Mr. Leonard Burton from that company came into the meeting and was questioned by the Council as to why the rates in his bid were much higher than last year. Mr. Burton and the Council discussed different possibilities such as deleting comprehensive $100 deductible and $200 collision deductible on Item 13, 1958 Chevy Ladder Truck, and also raising the $100 comprehensive deductible to $200 and the $200 collision deductible to $500 on the vehicle insurance. Mr. Burton is going to make some new calculations and submit them to the Council as soon as possible. Councilman Tomsic moved that we have firm figures with different deductibles and the truck taken off which should not have been included. Councilman Wiseman seconded the motion and it was approved unanimously. By mutual consent it was agreed to have the swearing in of the new mayor and two city councilmen on January 3, 1978 at 8:00 p.m. Further discussion was held on the insurance bid. Mr. Bretzke stated that he has received a letter stating that the City will soon have to participate in Unemployment Insurance. Councilman Tomsic rescinded her motion on getting firm figures on the insurance from Mr. Burton and Councilman Wiseman rescinded his second on the motion. All Council members voted "aye" on the rescinding of the motion and second. Councilman Barker moved that the Council reject the bid submitted by Central Utah Insurance Company and that the Council extend the existing policy until January 3, 1978 with Central Utah Insurance Agency and that the Council begin accepting new bids immediately with options for $100 comprehensive deductible and $200 collision deductible, as well as $200 comprehensive deductible and $500 collision deductible, and deleting physical damage deductible on Item N13 on the equipment list. Councilman Wiseman seconded the motion and it was approved unanimously. Mr. Bretzke informed the Council that Fred Stoye has inquired about submitting a bid on the City's health insurance. Members of the Council instructed him to tell Mr. Stoye that the City would advertise for bids some time in April, 1978 to become effective July 1, 1978. Mr. Bretzke reported that the $10,000 State Pedes- trian Safety Sidewalk Program is nearly completed and if there is enough money, there will be some additions made, including a fence along the West side of Main Street immediately North of Mill Creek. Councilman Tomsic instructed Mr. Bretzke to tell the contractor to clean the mess up in front of citizen Roy Maki's place, M Councilors discussed possible annexation with 00 A out -of -City water and sewer customers. No action was taken on this. U City Engineer, John Keogh, consulted the Council concerning the land trade with Tony Lena and Dave Tite on South Main Street & Uranium Avenue. The City Administrator said he would negotiate with Tony Lena concerning sidewalks on Main Street and Uranium Avenue. Mr. Keogh further informed the Council that there is caterpillar a $2500 D-8 catterpillar dozer at Surplus Property lot available in Salt Lake that the Council might be interested in. Mr. Bretzke stated that the County has already budgeted to buy the cat and the County would maintain it and it would be used at the sanitary landfill. Mr. Keogh inquired about who would pay for the rest 5th West paving of the paving the gap between curb and gutter and existi q paving on 5th West. Mr. Bretzke stated that the home- owners in that area have already been notified as to how much each would have to pay. Mr. Keogh stated that he has hired Don Bailey to Bailey to assist help him with the City and County inspection jobs and Keogh that the man is very competent and is on top of the inspections. 341 sidewalks Mr. Keogh also informed the Council that thelNxi R Murphy Subdivision in Murphy Subdivision in the County is almost completed. sewer possible annexation Mr. Bretzke informed the Council that they have National Park Service: received a grant from the National Park Service for grant $50,000.00 for the development of the new sanitary landfill. The City is to expend this amount of money and submit invoices to NPS for reimbursement after work is completed. Mr. Wiseman asked the Council to take note that two officers resigned police officers have resigned recently and that both gave reasons of low pay. Councilman Tomsic moved that the bills be approved bills approved as submitted. Councilman Wiseman seconded the motion and it was approved unanimously. The meeting was adjourned at 10:45 p.m. by mutual adjournment consent. ATTEST: David J. Brefzke, City Recorder 4� Wm. Dean McDouga d, yor" 342 regular meeting attendance Jacobs resigned Peterson and Wiseman sworn Jacobs sworn as mayor meeting called to order minutes corrected minutes approved bids on insurance Kelling bid MOAB CITY COUNCIL Regular Meeting January 3, 1978 A regular meeting of the Moab City Council convened at 8:15 _ p.m. in the Council Chambers. Councilmen present were Jacobs, Tomsic, Wiseman, Barker, and Peterson. Also_present_were City- Administrator Bretzke, City Engineer Keogh, City Judge Crist, Police Chief Dalton, and eight_citizens. With the approval of the Council, Councilman Jacobs formally resigned as City Councilman. ,, Keith Peterson and James A. Wiseman were administered the oath of office of Councilmen by Judge Crist. Harold A. Jacobs was administered the oath of office of Mayor of the City of Moab by Judge Crist. Mayor Jacobs officially called the meeting to order at 8:18 p.m. The minutes of the regular Council meeting of December 20, 1977 were corrected to include mention that a fence along the west side of Main Street immediately north of Mill Creek would be built, to be included in the State Pedestrian Safety Sidewalk Program which is nearly completed. Councilman Tomsic moved that the minutes of December 20, 1977 be approved as corrected. Councilman Wiseman seconded the motion and it was approved unanimously. Two bids were received on the City's insurance, one from Central Utah Insurance Agency and one from Kelling Insurance. Central Utah Insurance Agency submitted three proposals including one with Guarantee Insurance Company and two with Northwestern National Insurance Company (No's 1, 2 and 3 respectively) as follows:Comprehensive General Liability: $8,155.00, $5,850.00, and $5,850.00 respectively; Automobile Bodily Injury Liability: $2,370.00, $2,489.00, and $2,489.00 respectively; Automobile Property Damage Liability: included, included, and included respectively; Automobile Physical Damage Liability: $964.00, $3,468.00, and $2,429.00 respec- tively; TOTALS - $11,489.00, $11,807.00, and $10,768.00 respectively. NOTE: Proposal N1: This bid is with Guarantee Insurance Company and reflects the following changes as you requested in your December 20th meeting: (1) Property Damage Liability limit is reduced from $100,000 to $50,000. (2) The 1958 Chevrolet ladder truck is deleted. (3) The deductible for comprehensive coverage has been increased to $200 and the deductible for collision increased to $500.00. Proposal #2: This coverage is not as broad as the coverage which was bid on December 20th with the Guarantee Insurance Company. It does not meet with your specifications in two areas: (1) It does not include Errors & Omissions Liability. (2) Personal Injury Exclusion vC" is not deleted (this means you do not have any civil rights coverage). This,is subject to audit and if the payroll or population actually exceed those amounts upon which the policy is based, you may be billed for an additional premium. Comparable savings to the Guarantee Insurance policy can be enjoyed on this North- western National policy if you wish to increase the comprehensive and collision deductibles. Proposal N3: This bid is the same as the Northwestern National bid, but with a $500 deductible for collision. The other bid was received from Kelling Insurance Agency and the total of that bid was $15,812.40. It was not submitted in the formal bid format. Mr. Leonard Burton from Central Utah Insurance Agency was present and he explained a few of the items in his three proposals and also his former bid of December 20, 1977. Councilman Barker moved that the Council accept the first bid from Central Utah Insurance Agency of $11,489.00 which includes the Errors and Omissions and changes the deductibles to $200 and $500. Councilman Peterson seconded the motion and it was approved unanimously. Chief of Police Mel Dalton was present and reported that the City got through the holidays relatively peaceable. He also commented that the City employees' Christmas Party was a success. Mayor Jacobs presented the following people for City appointments positions to be accepted by the Council for the next four years: He recommended that David J. Bretzke be appointed as City Recorder. Councilman Wiseman moved that he be appointed. Councilman Peterson seconded the motio and it was approved unanimously. The Mayor then recommended that Judy Marshall be appointed as Deputy City Recorder. Councilman Tomsic moved that she be appointed. Councilman Barker seconded the motion and it was approved unanimously. Mayor Jacobs then recommended that Joanne Lish be appointed as City Treasurer. Councilman Barker moved that she be appointed. Councilman Wiseman seconded the motion and it was approved unanimously. The appointment of Deputy Treasurer was not made at CO this time. d� CeZ Since Moab does not have a City Marshall as such, A Mayor Jacobs recommended that Mel Dalton be appointed U as Police Chief. Councilman Barker moved that he be appointed. Councilman Wiseman seconded the motion and it was approved unanimously. Police report 4 3 City Recorder Deputy Recorder City Treasurer Deputy Treasurer Police Chief Mayor Jacobs recommended that Hank Ruggeri be appoint dCity Attorney as City Attorney. Councilman Wiseman stated that he has contacted the law firm of Coffman and Coffman and that Mr. Coffman has submitted a letter stating that he would do the work for a monthly retainer of $950 and that in six months the fee would need to be renegotiated. Also, his wife would handle the criminal prosecution and he would handle the routine administrative and zoning matters. Councilman Wiseman moved that the Council reject the recommendation that Hank Ruggeri be appointed as City Attorney and that the City enter into a contract with Coffman for the sum of $950 retainer fee and aft six months that the contract be reviewed. The motion was declared dead due to the lack of a second. It was also brought up that the County Attorney has stated that he would prosecute the City's criminal cases for approximately $300 per month. Mayor Jacobs stated that he has talked to Hank Ruggeri and Mr. Ruggeri has agreed to serve if he is appointed but that he has no objections if he is not appointed. Councilman Wiseman is to pursue the matter further any to contactCoffman andCoffman to obtain a firmer figure for a minimum ofone year. He will also talk to other possible candidates forCity Attorney. Mayor Jacobs informed the Council that there is a various meetings meeting of the Utah Transportation Department on Thursday, January 5, 1978 and that the Council is urged to attend. Councilman Barker also informed the Council that the State Industrial Development Board is meeting the same day and she suggested that member of the Council try to attend either both or one of the meetings. The Council was told that there are many meetings during Statehood day and were urged to try to attend as many of them as they could. Mayor Jacobs stated that there,are two employees retiring employees Lynn Day and Maxine Smith, retiring and he proposed an open house for them with perhaps a little gift for each of them. The Council concurred wtih this proposal and the open house was set for January 20, 1978. 'Ai�L�.L ri st travel bills approved police car used for City travel adjournment Regular Meeting Attendance lack of quorum Heaton's request postponed new policeman hired Adjournment Mr. Bretzke stated that Judge Crist has requested travel allowance to attend a 1z day meeting of the Utah State Bar in Salt Lake on January 12-14, 1978. It was mutually agreed that the Judge's request be granted. Councilman Barker moved that the bills submitted in the amount of $28,468.82 be approved and paid. Councilman Peterson seconded the motion and it was approved unanimously. Mayor Jacobs recommended that the Ford Torino, a former police car be used by City employees for travel to these various meetings around the State. Councilman Wiseman moved that the meeting adjourn. Councilman Barker seconded the motion and the regular meeting of the City Council adjourned at 9:40 p.m. ATTEST: -ed7-- arold A. bs, Mayor dzkg1411-74 David J. Br e, City Recorder Regular Meeting MOAB CITY COUNCIL January 17, 1978 Mayor Harold Jacobs called the meeting to order at 8:00 p.m. Present were Councilmen Peterson and Wiseman, City Administrator Dave Bretzke, City Engineer John Keogh, Chief of Police, Mel Dalton, and Al Heaton. Councilman Wiseman moved that the Council adjourn due a lack of a quorum and that the meeting be rescheduled for Tuesday, January 24, 1978. Councilman Peterson seconded the motion and it was approved by all present. Mr. Al Heaton requested permission to obtain a building permit without first improving the street. He wants to build a residence on Crestview Drive, in an unimproved subdivision, and stated that when it is improved, he will pay his share or do whatever is required by the City. Mayor Jacobs stated his opinion that it would be difficult to proceed in thatmanner but suggested that he come back next week at the regular City Council meeting. Chief Dalton requested that the Councilmen present give him permission to go ahead and hire George Fred Gay due to urgent staffing needs in the Police Department. Councilman Wiseman stated that he has interviewed the candidate and recommends him. City Administrator Bretzke also stated that he has interviewed Mr. Gay and recommends him. By mutual consent permission was granted to Mel Dalton to hire George Fred Gay as a police officer. The meeting adjourned at 8:10 p. ATTEST: David J. Bret City Recorder Jacobs, Mayor CITY COUNCIL Regular Meeting January 31, 1978 345 A regular meeting of the Moab City Council convened at regular meeting 8:00 p.m. in the Council Chambers. Mayor Jacobs and Councilmen Peterson, Tomsic, Barker and Wiseman were attendance present. Also present were City Administrator -Recorder Bretzke, City Engineer Keogh, Chief of Police Dalton, Secretary Sandy Martin, and five citizens. Councilman Barker moved that the minutes of the regular minutes approved Council meeting of January 3, 1978 be approved. Council an Wiseman seconded the motion and it was approved unanimously. Councilman Wiseman moved that the minutes of the Regular Council meeting held on January 17, 1978 be approved. Councilman Barker seconded the motion and it was approved unanimously. Councilman Barker moved that Wm. Dean McDougald be appointed to serve the remaining two years of Harold Jacobs' term as City Councilman. Councilman Peterson seconded the motion. Councilmen Barker, Peterson, and Tomsic voted for the motion and Councilman Wiseman voted against. The motion was approved. McDougald appointed as councilman CrJ d' Mayor Jacobs presented the name of Hank Ruggeri to be City Attorney Ot City Attorney. Councilman Tomsic moved that he be so Ruggeri appointed V appointed. Councilman Barker seconded the motion and i was approved unanimouslywith the following stipulation: "The Moab City Council has no objection to the appoint- ment of Hank Ruggeri as City Attorney provided Mr. Rugg i will agree to: make every effort to attend all meetings of the City Council and the prosecution of drunk drivin. cases, whether or not the person charged has taken the breathalyzer test, if other evidence, in the opinion of the City Attorney, is sufficient to prosecute." Mayor Jacobs stated that there has been a letter writte Letter concerning to the Director of the Division of Fuel Cycle and Mater- Atlas Minerals ial Safety by a Mr. F. A. Barnes, Executive Director of the Moab Ghapter of ISSUE - "Interested in Saving Southern Utah's Environment", requesting the Director t deny any further licenses to Atlas Minerals. Councilma Barker read that portion of the letter containing derro•- atory remarks about Atlas Minerals and its employees that the Council would like to reply to. Councilman Barker moved that a letter be written on City letterhea stating the Council's opposition to Mr. Barnes' views. The drafted letter had been previously submitted to the Council. Councilman Peterson seconded the motion and i was approved unanimously. (See letter in file entitled "Atlas Minerals") Councilman Wiseman presented a draft of a letter to the Letter concerning Governor voicing the Council's objection to any financi.lstrikinq miners aid being given to the striking miners in Carbon in Carbon County County. Councilman Wiseman moved that the letter be typed on City letterhead and sent to the Governor. Councilman Tomsic seconded the motion and it was approved unanimously. It was agreed to change the word "violently" in the context of the letter to "strongly." A grammatical correction was also made. (See letter i Chrono file "January 1978 --") Mr. Al Heaton and Mrs. Dick Cozzens were present and request by Heaton requested permission of the Council to build on a lot to build on an in Cozzens' subdivision (Walker Subdivision, Block B, unimproved lot. Plat E) without installing curb & gutter, sidewalk and street paving. Mr. Heaton will put in his own improvements later when all of the lots are improved. He was told by Mayor Jacobs and members of the Council that the developer must improve all the lots before he can build on the one he intends to purchase because the Council is bound by the existing subdivision ordinances Further, other citizens have been denied similar requests. Mr. Heaton and Mrs. Cozzens then asked if th could post a bond for the improvements and their reques was also denied. y 346 McDougald sworn Judge Crist and Bill McDougald came intb the meeting and Mr. McDougald was sworn in by the Judge to fill the remaining two years of Harold Jacobs' vacated term as City Councilman. Ordinance 51-78 adopted. Ordinance #1-78 The Council then considered the approval of Ordinance M1-78 confirming the assessment roll and levying a tax and providing for the assessment of property in curb A gutter and sidewalk Special Improvement District No. 4 for Moab City, Utah for the purpose of gradinn, pavina, constructing curb and Gutter and appurtenant drainage facilities, sidewalks, and private driveways and other necessary construction incidental thereto. Councilman Tomsic moved that the Council approve the Ordinance. Councilman Barker seconded the motion and it was approved unanimously. The Council discussed whether to finance the remainder of the outstanding debt on this District or to have it financed through the bank at 6% interest. Councilman Tomsic moved that the City finance the remaining debt at the rate of 6% interest. Councilman Barker seconded the motion and it was approved unanimously. ORDINANCE NO. 1-78 An Ordinance confirming the assessment roll and levying a tax and providing for the assessment of property in curb and gutter and sidewalk Special Improvement District No. 4 for Moab City, Utah for the purpose of grading, paving, construc- ting curb and gutter and appurtenant drainage facilities, sidewalks, and private driveways and such other necessary construction incidental thereto. BE IT ORDAINED BY THE CITY COUNCIL OF MOAB CITY, UTAH: Section 1. That the City Council of Moab City, Utah, hereby confirms the assessment roll as corrected and adjusted by the Board of Equalization and Review for Street Paving, Curb and Gutter and Sidewalk Special Improvement District No. 4 for Moab City, Utah, and hereby confirms the findings of the Board of Equalization and Review are just and equitable and has not increased the amount of the proposed assessment against any piece of property and that no assessment on the assessment list as corrected by the Board of Equalization and Review exceeds the benefit to be derived from the improvements by the property so assessed and that no piece of property listed in said assessment list will bear more than its proportionate share of the cost of such improvements. Section 2. That the City Council of Moab City, Utah does hereby levy a tax and provide for the assessment of the same upon the real property shown upon said assessment roll in the amount of assessments listed therein and upon the real property hereinafter described as being located within the limits of Street Paving, Curb and Gutter and Sidewalk Special Improvement District No. 4 in and for Moab City for the purposes of grading, paving, constructing curb and gutter and appurtenant drainage facilities, sidewalks, and private driveways and such other necessary construction incidental thereto adjacent to the property hereinafter described and abutting and fronting upon the following described streets in Moab City, Utah, to -wit: STREET PAVING PORTION: Park Drive, Both Sides, from 500 West Street to 210+ feet East of 500 West Street. Park Drive, Both Sides, from East side of Emerald Subdivision to 70+ feet West of East side of Emerald Subdivision. Taylor Avenue, Both Sides, from McGill Boulevard to 94' East of McGill Boulevard. McGill Boulevard, Both Sides, from 500 West Street to McCormick Boulevard. CURB AND GUTTER PORTION: Park Drive, Both Sides, from East side of Emerald Subdivision to 70 feet West of East side of Emerald Subdivision. McGill Boulevard, South Side, from 500 West Street to 277 feet East of 500 West Street. 500 West Street, North Side, from McGill Boulevard to 80 feet north of McGill Boulevard. SIDEWALK PORTION: Park Drive, Both Sides, from East side of Emerald Sub- division to 70 feet West of East side of Emerald Subdivision. PRIVATE DRIVEWAYS PORTION: Lot 6 and 7, Block 5, Canyon View Estates Subdivision, McGill Boulevard. Lot 16, Block B, Emerald Subdivision, Park Drive. Lot 8, Block C, Emerald Subdivision, Park Drive. This tax shall be levied to defray the expense of constructing the above -described improvements consisti g of grading, paving, constructing curb and gutter and apur- tenant drainage facilities, sidewalks, and private driveways and such other necessary construction inci- dental thereto upon all property, lots, pieces or parcels of land fronting or abutting upon or adjacent to the streets above -mentioned to the full depth, but of to exceed 143 feet in depth, of all such property, lot , pieces of, or parcels, land and to defray the abuttor' portion of the cost and expense thereof by local assessments upon the lots or pieces of land to be affected or benefited by said improvements fronting or abutting upon siad streets above mentioned within dr' Street Paving, Curb and Gutter and Sidewalk Special Improvement District No. 4 of Moab City, Utah, a speci 1 Jassessment is hereby ordered and levied against and up n V all property, lots, parcels or pieces of land fronting or abutting said streets above -mentioned to defray the expense of constructing said improvements consisting of grading, paving, constructing curb and gutter and appurtenant drainage facilities, sidewalks and private driveways and such other necessary construction incidental thereto in Street Paving, Curb and Gutter and Sidewalks Special Improvement District No. 4 of Moab City, Utah adjacent to the streets and real property as described in this ordinance and it is hereby adjudged, determined and established that said abutting and fronting property ill be especially benefited thereby to the full amount of the tax hereby levied and assessed, and that said parcels of land as front and abut the streets hereinabove described are hereby assessed at a unifor rate in accordance with the linear front footage upon said portion of said streets and to the entire depth thereof of said property but not exceeding 143 feet in depth, and the said tax is hereby levied and is to be assessed upon said abutting pieces and parcels of land in the total sum of Sixteen THousand Two Hundred Seventy -Six and 16/100 Dollars ($16,276.16) and that said sum amounts to an assessment of $.36 per square foot for street grading and paving; $5.00 per front foot for curb and gutter; $1.25 per square foot for sidewalk; $2.00 per square foot for driveways and driveway sidewalks, plus a cost for any appurtenances directly benefiting the properties, which said sum does not exceed the total cost of the improvements, which includes the total contract price plus an amount equal to but not exceeding fifteen percent (1 .) thereof to cover the actual cost of engineering, inspection, publishing and mailing notices and making the levy; and the City Treasurer of Moab City Grand County, Utah, is hereby authorized and dlrecte� to assess in accordance with the provisions of this ordinance for the purposes herein mentioned the property hereinabove and hereinafter described, and tax is hereby levied to be assessed by said Treasurer upon all lots, pieces, or parcels of land to be benefited or affected by said improvements; said tax shall be upon the lineal front footage of said property, lots, pieces, or parcels of land to be benefited or affected by said improvement. All of the land and real property within Street Paving, Curb and Gutter and Sidewalk Special Improvement District No. 4 for Moab City, Utah benefited by the improvements constructed in said District and affected by the tax and assessment levied for said District is located and situated within the following described real oroaerty 347 348 boundaries: Block A. Plat A. Utex Subdivision; Block 4 and 5, Canyon View Estates Subdivision; Blocks A, B, and,C, Emerald Subdivision. Section 3. The assessment list made by the City Treasurer as corrected, approved, equalized and completed by the Board of Equalization and Review of the property described in Section 2 of this ordinance being included within Street Paving, Curb and Gutter and Sidewalk Special Improvement pistrict No. 4 for Moab City is hereby confirmed and the assessments made and returned in said completed lust and the report and recommendations of the Board of Equalization and Review to the City Council of Moab City, UtahI are hereby ratified, approved and confirmed. Section 4. Said tax shall be payable in ten (10) equal yearly installments as provided by law and ordinance, with interest on the whole sum unpaid at the rate of six percent (6%) per annum, payable at the time ach installment is due; provided, however, thatone or more �f such installments in the order payable, or the whole ax, may be paid without interest within fifteen days rom the date this ordinance becomes effective. One or ore installments in the order in which they become due, •r the whole special tax may be paid after said fifteen .ays and before the first installment becomes due by paying he same with interest from the date of levy to the date uch first installment is due. One or more installments n the order in which they are made payable, or the whole pecial tax, may be paid on the day any installment becomes ue by paying the amount thereof and interest to date of ayment. Default in the payment of any such installment ✓ principal or interest when due shall cause the whole of he unpaid principal or interest to become due and payable mmediately, and the whole amount of the unpaid principal hall thereafter draw interest at the rate of ten percent 10%) per annum until paid, but at any time prior to the •ate of sale or foreclosure the owner may pay the amount f all unpaid installments past due, with interest at he rate of ten percent (10%) per annum to date of payment .n the delinquent installments, and all accrued costs and hall thereupon be restored to the right thereafter to .ay in installments in the same manner as if default had of occurred. Section 5. The City Council of Moab City, Utah, has heretofore created a Special Improvement Guaranty Fund and shall at the time of each annual appropriation ordinance rovide for the levying of a tax of one mill in each ear to create a fund for the purpose of guaranteeing o the extent of such fund the payment of special improvement .onds or warrants and interest thereon issued against pecial improvement districts for the payment of local .mprovements therein all in the manner provided in section 10-16-31, Utah Code Annotated, 1953. Section 6. That the officials of Moab City, Utah, be nd they are hereby authorized and directed to Aake all ction necessary or appropriate to effectuate the provisions f this ordinance. Section 7. That all ordinances or parts thereof in onflict with this ordinance are hereby repealed. After he bonds of said improvement district for Moab City, Utah, ave been hereafter issued, this ordinance shall constitute contract between Moab City and the holder, or holders, f said bonds and shall be and remain irrepealable until aid bonds and interest accruing thereon shall have been ully paid, satisfied and discharaed. Section 8. The City Recorder shall deliver to the City reasurer a certified copy of the ordinance levying such tax nd such Treasurer shall without delay give at least ive (5) days notice in one or more newspapers having general .irculation in Moab City, Utah, of the time when such tax ill become delinquent. Section 9. That an emergency is hereby declared, the p eservation of the peace, health and safety of Moab City and the inhabitants thereof so requiring, that immediately after its adoption this ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose and said ordinance shall be published in the Times - Independent, a newspaper published and of general circu- lation in Moab City, Utah, and that this ordinance shall take effect immediately upon its passage and approval and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF Moab City, Utah, this 31st day of January, 1978. Councilman Wiseman moved that Resolution' #1-78 be approved by the Council„ making Harold A. Jacobs the authorized representative of the Council on the 201 Facility Planning Project Grant Application. Councilman Tomsic seconded the motion and it was approved unanimously. RESOLUTION NO 1-78 201 Facility Planning Project Grant Application WHEREAS, the Mayor and City Council of Moab City, Utah, at a regular City Council meeting held on January 17, M 1978, adopted the following resolution; and d" M. al WHEREAS, the City of Moab, Utah desires to upgrade the V Moab Wastewater Treatment Facility, to comply with U United States Environmental Protection Agency require- ments; and WHEREAS, the need for a 201 Facility Planning Project is imminent; and 349 Resolution N1-78 approved WHEREAS, the City Council desires to designate the Mayor to act as the authorized representative of the City of Moab to sign the grant application, and authori e the Mayor to accept the grant offer and to sign all oth=r legal correspondence between the City of Moab and the United States Environmental Protection Agency. NOW, THEREFORE, BE IT RESOLVED that Mayor Harold A. Jacobs, City of Moab is hereby authorized to act as the official city representative to accomplish these tasks. Passed this 31st day of January, 1978. /s/ Harold A. Jacobs /s/ Wm. Dean McDougald /s/ Dixie L. Barker /s/ James A. Wiseman /s/ Keith W. Peterson /s/ Marjorie R. Tomsic Resolution #1-78 A discussion was held concerning improvements on Second improvements in North from First West to Lucas Subdivision. Another Lucas Subdivision lot is being created in that area and the Council discussed whether the new lot would have to be improved before building on it, even though the other lots with homes already on around it aren't improved. It was suggested by the Mayor and Mr. Bretzke that the property owners in the questioned area be asked to sign an,agreement that each of them will willingly improve his lot when all of the lots are improved in the future No formal decision was made except the new lot will not be required to be improved at this time. Chief Dalton requested that he be allowed to hire a new policeman, Robin Lowry. He has interviewed him, run checks on him and requests that he be allowed to hire him. Councilman Wiseman stated that he has also inter- viewed the candidate and recommends him, although not so highly as the Chief. He so moved that he be hired. Councilman McDougald seconded the motion and it was approved unanimously. new officer hired, Robin Lowry Chief Dalton also requested that the Council consider allowing him to hire one more officer approximately Chief requested more officers 350 Jay Holland replace- ment Recreation Board bylaws Community Recreation Director contemplated new equipment for park trash in park cans Carl Dixon's appoint- ment to Recreation Board rejected. crosswalks annexation annexation give away old copy machine culvert patch Solid Waste Board one year from now due to increased workload of the City Police Department. He stated that the officers who quit in the past month left because of lack of advancement, low pay, and one probably because of a better opportunity. Councilman Barker stated that she will soon be making a recommendation to the Council for the replacement of Jay Holland on the Recreation Board. Councilman Barker stated that she needs to locate a copy of the Recreation Board's bylaws. Councilman Tomsic stated that Ed Claus possibly has a copy of it or knows where to locate one., Councilman Barker stated that she has been working with Bill Meador in trying to arrange for a full time Community Education Recreation Director who will work with the City, County and School system. He would oversee and direct the golf, swim, ball programs, etc. They will present their findings in the near future to the Council. Mayor Jacobs stated he feels that the park could use some new equipment. Also, that the Council ought to think about getting some type of supervision at the park so that no one gets hurt and so that some of the vandalism can be curtailed. He stated that articles and packages have been pulled from the trash barrels at the park with names of residents of Castle Valley on them and he hopes that a supervisor at the park could eliminate this. Councilman Tomsic questioned the appointment of Carl Dixon by the County to replace Mr. Holland on the Recreation Board. Councilman Barker stated that the authority to do this appointing lies in the Council, not in the Commissioners of the County but they have become aware of their mistake and it is on the way to being corrected. Mayor Jacobs stated that he too feels that it is nearly straightened out and that an appointment will be made by the City Council. Councilman Wiseman requested that the State Highway Dept. be requested to replace the convenience crosswalks in middles of blocks in town. Mayor Jacobs informed him that the State Highway Department has eliminated this procedure. Councilman Wiseman informed the Council that he will be submitting a letter to them regarding the annexation of the area of Spanish Valley that is now in San Juan County into Grand County and voicing the support of the Council. He feels that because the dump is out there and the mill project will be out there, it is advisable to annex them into Grand County and he feels that most of the residents out there will go along with it. Councilman Wiseman stated that he has recieved quite a few comments about annexing parts of the Valley into the City. He would like to see some City Fathers or ohter knowledgable people set forth some guidelines to proceed with an orderly and progressive annexation program for parts of the County that adjoin the City. Mayor Jacobs agreed that annexation is the way to go if the property adjoins the City. Mayor Jacobs stated that he had received a call from Pearl Bailey from Green River requesting to obtain the old dupli- cating machine which the City used to use. He stated that he had found it at the shop and suggested just giving it to her since it is useless to the City anyway. Members of the Council agreed. Mayor Jacobs informed the Council that the City patched a culvert down on Walnut Lane a few years ago as a favor to the Irrigation Department and that the patch has worn out. He has been contacted by the Irrigation Department to fix it but has informed them that the City will do nothing further on it and that the City is not responsible for the repair, as it was not responsible for the original patching but did it anyway. Mayor Jacobs informed the Council that the County Commissioners were not happy with the appointment of Mr. Urbanack to the Solid Waste Board because they do not feel someone from one of the services should be on that Board. Councilman Wiseman moved that the appointment be confirme Councilman McDougald seconded it and it was approved unanimously. Councilman Tomsic asked about the moratorium on the water connections south of town. She feels it is not fair to supply water to one end of town and not the other Councilman Wiseman suggested that the Council. offer annexation to people on the north, west and south sides o town who reque-t water connections. Mayor Jacobs stated that the only reason there has been discrimination, if so called, is that the facilities don't enable people on the south end of town to connect to the existing water lines and that eventually plans will be made to set up another entire system for the Spanish Valley area. Also, the sewer and water are already okay to offer annexation to the people west of town. Further discussion was held about possible annexation of area into the City. Mayor Jacobs informed the Council that a carnival from Provo has requested permission to set up in Moab in the Spring. Councilmen Tomsic and Peterson stated that when the last carnival was in town, adjacent residents com- plained to the Council and were told that since there is no place zoned to put a carnival in Moab, no more would be able to stop here. The Council was in agreement that a carnival is a good thing to have stop at Moab, if it is a clean one, because it is good entertainment for the people and it gives the City some revenue. Councilman Wiseman suggested that some area be re -zoned to allow for carnivals. Mayor Jacobs will go ahead and tell the carnival to come down. Councilman Barker stated that Article 18, a C-2 zone states on page 25 that temporary revivals are allowed. Perhaps the carnival could fall under this. Councilman Tomsic moved that the bills dated January 17 1978 and January 31, 1978 be approved and paid. Council- man Wiseman seconded the motion and it was approved unanimously. Councilman Tomsic moved that the meeting adjourn. Councilman McDougald requested that he not be shown any minutes of any special meetings in which his appointment was discussed. He was informed that there were none. He further stated that he goes along with the action taken tonight before his swearing in and will serve as a Councilman to the best of his ability. The meeting adjourned at 9:42 p.m. , /sue 'a o ; .acobs, Mayor ATTEST: Da id J. Bret City Administrator -Recorder 351 Urbanack confirmed to Solid Waste Board water moratorium carnivals bills approved McDougald statement meeting adjourned 352 CITY COUNCIL regular meeting attendance. minutes corrected and approved Tomsic came in postponement of discussion of Ch. 15 of Moab City Code Ron Turner appointed to the Board of Adjustment Ken Erbes to serve another term on planning commission one police officer to attend a one day school annual seminar on local roads progress on sign project report Personnel Program work on budget to begin early Economic Development Committee report by Barker Regular Meeting February 7, 1978 A regular meeting of the Moab City Council was called to order at,8.00 p.m. in the Council Chambers. Mayor Jacobs and Councilmen Barker, Wiseman h McDougald were present. Also present were City Administrator -Recorder Bretzke, City Attorney Ruggeri, Chief of Police Dalton, Secretary Sandy Martin. Councilman Barker corrected the minutes of the Council meeting of January 31 to show that she made the motion to write the letter to the Director of the Division of Fuel Cycle and Material Safety instead of Councilman Tomsic. Councilman Wiseman moved that the minutes of the regular meeting of the City Council of January 31, 1978 be approved as corrected. Councilman Barker seconded the motion and it was approved unanimously. Councilman Tomsic came into the meeting at this point. City Administrator Bretzke stated that the Building Inspector had asked that the Council hold off on taking any action concerning the repeal and adoption of a new Chapter 15 of the Moab City Code. The matter was tabled until the next meeting. Mayor Jacobs stated that Keith Brewer had recommended appointing Ron Turner to the Board of Adjustment to replace Les Erbes. But, the Mayor has not talked to either of these men about it. Councilman Wiseman stated that he has talked to Mr. Brewer who stated that Ron Turner is amenable to accepting the appointment. Mayor Jacobs will contact Mr. Turner and report back to the Council. Mayor Jacobs stated that he has talked to Ken Erbes about serving another term on the Planning Commission since his present term has just ran out and that Mr. Erbes stated he would be glad to serve again. He will be appointed for a five year term. There were no objections. Chief of Police Dalton was present and requested that he be allowed to send Steve Brownell to Salt Lake for a one day school concerning handling of riot sticks, etc. There will be a $45 registration fee and he would probably take one of the police cars. Councilman Wiseman moved that Mr. Brownell be sent to this one day school on the 28th of February. Councilman Barker seconded the motion and it was approved unanimously. Mr. Bretzke informed the Council of the annual seminar on local roads which will be held in the Council Chambers on the 9th of February from 9:00 a.m. to 3:00 p.m. There will be representatives from four counties and their inclusive cities present. Mayor Jacobs urged members of the Council who feel they could attend to be present. Mayor Jacobs informed the Council that the approximately $9,000 sign project is coming along and the inspectors were down last week to look over the plans. Almost all regulatory signs in town will be replaced to adhere to the Federal regulations. Councilman Tomsic stated that she and Councilman Wiseman have been working on the Employee Personnel Program and will be recommending some changes in some grade and pay steps. Councilman Tomsic also suggested that the Council start working on this year's budget in May and have a special meeting each week, each being set aside for a specified department and that the Council go over the budget in detail and have it all ready for acceptance by the deadline. Members of the Council agreed. Councilman Barker reported on the Economic Development Committee meeting. She stated that they recommended locating the new swimming pool at the high school so the high school students C'7 M G c.� U can utilize it during school and the public can utilize it at other times. Further, Bill Meador was present at that meeting and he concurs. She stated that the most recent estimated price of the swimming pool is $700,000, and they are working on a grant for it. Further, that the priorities of the Economic Development Committee for funding are: 1. Water, 2. Sewer, 3. Swimming Pool, 4. Golf Course, and 5. Community Center. Councilman Wiseman questioned a statement made by the Mayor at the Chamber of Commerce meeting saying that the recent sidewalk project cost $3,000. The Mayor said that he had said it cost near $10,000 and, further, it didn't cost the City anything to do it. Councilman Wiseman asked whether any action had been taken on a letter received from Mr. Steen of Mi Vida Enterprises complaining about a water bill and about a water pump liability matter which has been going on for quite some time. Mayor Jacobs stated that he had talked with Mr. Steen and is taking steps to come to an agreemen with him. The City will test his meter and see if it is measuring accurately. Mayor Jacobs will take care of thi problem with Mr. Steen and his water won't be turned off pending the solving of this disagreement. Councilman Wiseman asked why nothing has been done by th Pittman's fence City with Mr. Everett Pittman's fence which was supposed moving questioned to be moved at City expense. The City had given him per- mission to put it where it is and then after he did, the City wanted it moved back about 10 feet. So, the City is to be responsible for having it moved. The Council'had previously voted to move the fence but nothing has been done. Mayor Jacobs stated that he will go see Mr. Pitt- man and advise him that the City will have the fence mov and a letter will also be sent to him to notify him of it. Mr. Bretzke will contact the company who installed the fence and see if they can come and move it as soon a possible. Mayor Jacobs informed the Council of the circumstances causing the dismissal of Utilities Superintendent Dennis Burke. Further, Mr. Burke has agreed to accept his final check and dismissal. Councilman Tomsic suggested that since the Council has adopted this new Personnel Policy ; from now on the City should enforce it and use it to fire and hire all new employees and to regulate all present employees and their salaries. Councilman Wiseman also recommended this. Councilman Tomsic brought it to the Coucnil's attention that presently Joanne Lish is at a much lower grade and step than she should be after taking over the job of City Treasurer. Mayor Jacobs stated that he is having desk name plates ordered for the employees in the City offices. Councilman Tomsic moved that the bills be approved and paid. Councilman Wiseman seconded the motion and it was approved unanimously. A citizen, Jim Walker, was present and voiced his complaints about the dog situation down by his house. A discussion was held about the dog problem in Moab. Two other citizens were present and voiced some complain s as well. Mr. Walker suggested that the dog catcher go door to door to inventory the dog licenses in town and make sure that all dogs are licensed. Councilman Wiseman moved that the meeting adjourn. adjournment Councilman Tomsic seconded/the motion and it was approved unanimously. The meeting adjourned at 9:40 p.m 353 new swimming pool cost of sidewalk project Andy Steen's water bill and complaints Dennis Burke's dismissal Personnel Policy ATTE David J. Br(g'tzke City Administrator -Recorder aco. , Mayor name plates for office employees. bills approved dog problem discussed 354 City Council Regular Meeting February 21, 1978 regular meeting attendance minutes approved Pittman's fence bids for swimming pool fence Change of Chapter 15 of City Code bids on spraying fo tent caterpillars Shade Tree Committe to be activated carnivals allowed Virginia Johnson's request for quit claim deed A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers. Mayor Jacobs and Councilmen Barker, Wiseman, Tomsic, Peterson and McDougald were present. Also present were City Administrator -Recorder Bretzke, City Engineer Keogh, City Attorney Ruggeri, Building Inspector Brundage, Chief of Police Dalton, Secretary Sandy Martin, and five citizens. Councilman Tomsic made three corrections in the minutes of the regular meeting of -February 7, 1978 and then moved that the minutes be approved as corrected. Councilman Wiseman seconded the motion and it was approved unanimously. Mrs. Hannah Pittman, Mrs. Everett Pittman and her attorney Paul Mortensen, were present. They voiced their objections to the City Council's recent decision to move their fence back approximately 19 feet. Councilman Wiseman moved that this matter be tabled and at a special meeting to be held within one week a more firm decision will be made. Councilman Tomsic seconded the motion and it was approved unanimously. Mr. Bretzke opened the two bids that had been received on the swimming pool fence. United Fence Company from Salt Lake submitted a bid for $3,998.00 and Allied Development Company from Murray submitted a bid of $1,411.00. Councilman Peterson moved that we accept the bid from Allied Fence Company and at the time they install the fence, a city employee be present to make sure they conform with the terMs of the bid. Councilman Barker seconded the motion and it as approved unanimously. Building Inspector Larry Brundage explained to the Council his proposed repeal of Chapter 15 and Article 3, Chapter 9 of the Moab City Code and the adoption of a new Chapter 15 entitled, "Liquefied Petroleum and Natural Gas." He presented ideas on how the gas pressure connection inspections could be done in the future. The Mayor suggested that he and Brundage review proposed ordinance changes with Mr. Louis Smith, Manager of Utah Gas Service Company. Due to the fact that a public hearing would have to take place before the ordinance can be changed, no formal action was taken at this time. Councilman Barker moved that the City start taking bids on the tree spraying program for tent caterpillars and also that the City check with the County to see what their participation would be. Councilman Wiseman seconded the motion and it was approved unanimously. Mayor Jacobs stated that he would like to see the Shade Tree Committee activated and some of the trees in town replaced and filled in. Members of the Council agreed. The Shade Tree Committee will be activated and a report given at the next Council meeting. Councilman McDougald suggested that the City consider planting Oregon cedars. Discussion took place about allowing carnivals to stop in the City. Councilman Barker moved that the City not allow carnivals in Moab based on our present ordinances. Councilman McDougald seconded the motion. Councilmen Barker and McDougald voted for the motion; Councilmen Tomsic, Peterson and Wieman voted against the motion and it was defeated. City Engineer Keogh informed the Council that approximately a year ago Virginia Johnson asked for and obtained a quit claim deed from the City to the property on the North side of Arroyo road which was sold to the L.D.S. Church and is asking for a quit claim deed to the property on the south side of the road. The City had agreed to do this some time ago but noaction had been taken. Councilman Peterson suggested that an on -site inspection so that the Council can become better acquainted wtih the matter. The Council members will meet -2._2\=1�j on Thursday, February 23, 1978 at 10.00 a.m. at the inter section of 5th West and Arroyo Road. John Keogh will ha e someone there who is familiar with the situation in case he cannot be present. 355 Councilman Barker gave a report on the Economic Develop- Economic Development ment Commission's meeting with James Erwin on January 9. Committee's report Plans for the obtaining of a grant for the swimming pool are taking place and sound favorable. Mr. Erwin reported that the Bureau of Outdoor,Recreation felt that a pool with a removable or roll -back top could be best utilized in Moab because of the long, hot summer season. It was also suggested that the proposed community center should be named Moab Civic Convention Center instead of Moab -Community Center. The priorities of the golf cours•, the community center and some possible four wheen and dirt bike trails were also discussed. Councilman Barker stated that the City Council isn't to City Council's be administrative in nature and she suggested that the purpose discussed specific departmental assignments be taken from the Council and that the Council function as a Board of Directors and be a policy making body instead of an administrative body. He amended his motion to make it effective the first of July at Councilman Tomsic's suggestion. Councilman Barker seconded the motion. Councilmen Wiseman, McDougald and Barker voted for the motion and Councilmen Tomsic and Peterson voted against the motion. The motion carried. G v Mayor Jacobs asked about getting some new equipment U for the City Park playground. The Council recommended that the City Administrator and the Mayor prepare a list of playground equipment with brochures if available and bring it back for Council review before ordering. Councilman Wiseman reported on the recent meeting of the Literary Club Literary Club and some of their plans and goals to obtai meeting money for a Senior Citizens Center, at a cost of approximately $175,000. He said+the Senior Citizens wanted no connection with the City community center: Councilman McDougald reported on the meeting of the Golf Board of Board of Directors of the Moab Country Club. He Directors meeting reported that they had voted to raise the fees at the golf course and quoted the following figures to the Council. The Golf Board had contemplated a $32,000 budg t for next year. Annual green fee for singles would go from $130 to $150. A husband -wife annual fee would go from $180 to $300. A $200 family annual fee would go to $300 for husband and wife and $30 per year per child. Also, green fees would go from $2.50 to $3.00 for nine holes and from $4.00 to $6.00 for 18 holes. Further, annual membership would be the annual fee plus $1.00 for each nine holes paid by adults. There were also proposed increases for golf cart storage fees from $140.00 to $240.00 per year. Coucnilman Barker moved that the Council accept the Golf Course Board's recommen dation for the increases in green fees to raise money to more nearly meet the maintenance and operations needs of the golf course. Councilman Peterson seconded the motion. Councilmen Peterson, Wiseman, Barker and McDougald voted for the motion and Councilman Tomsic voted against it. The motion carried. Councilman McDougald suggested that the Council consider Mayor to get giving Mayor Jacobs an expense allowance of a "couple expense allowance hundred dollars" per month because of the many meetings and the like he is required to attend. Councilman Tomsic moved that the bills be approved and bills approved and paid. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Peterson moved that the meeting adjourn. meeting adjourned Councilman Tomsic seconded the motion and the regular meeting of the City Council adjourned at 10:56 p.m. playground equipment 356 special meeting attendance regular meeting attendance approval of minutes 5praying for tent caterpillars annexation of property on 4th North ATTEST David J. B zke, City Recorer bs, Mayor MOAB CITY COUNCIL Special City Council Meeting 10:00 a.m. February 3, 1978 A special meeting of the Moab City Council was held at 10:00 a.m. Thursday, February 27, 1978 at the intersection of 5th West Street and Arroyo Road to review a request to vacate a portion of Arroyo Road to Virginia Johnson. Present were Mayor Harold Jacobs, Councilmen Tomsic and Wiseman. Also present were Sonny Bowen from the City Engineer's office and David Bretzke, City Recorder. The members present did not constitute a quorum and because of this, the meeting adjourned. ATTEST: David JBrek, City Recorder aro A. obs, ayor MOAB CITY COUNCIL Regular Meeting March 7, 1978 A regular meeting of the Moab City Council was called to order at MO p.m. in the Council Chambers. Mayor Jacobs and Councilmen McDougald, Barker and Wiseman were present. Councilmen Tomsic and Peterson were absent. Also present were City Administrator -Recorder Bretzke, Chief of Police Dalton, Engineer Keogh, Secretary Sandy Martin, and four citizens. Councilman Wiseman moved that the minutes of the regular council meeting of February 21, 1978 be approved. Councilman Barker seconded the motion and it was approved unanimously. Changes were made in the minutes of the Special Meeting of the City Council on February 23, 1978. Councilman Barker moved that the minutes of that meeting be approved as corrected. Councilman Wiseman seconded the motion and it was approved unanimously. City Recorder Bretzke informed the Council that he has contacted companies with regard to spraying for tent caterpillars. Alternatives were discussed about spraying from the ground and/or_ by helicopter. Mr. Bretzke will advertise for bids for both ground spraying and/or helicopter spraying. Mr. G. L. Felkin's petition to have his property on 4th North annexed into the City was considered. The Mayor and Councilmen present stated that they were in favor of the application but it requires a vote of four to accept the application The matter was taabled until the next Council meeting, when at least four members can be present. Cat is cons-der,-;d: arri.n1 with the legal status of animals "mnIzsuetas (Thurston v. Carter:V2 !7? Y.,7:2 A 295z Helsel v, Fletcher 98 OKCA 285, 225 P 514, 33 AIR 792) Cats ... can be owned 4 rroured Le rossession. (IILAPP 1976 People v. Porlimq 350 B.E. 2nd 554) Manicipal entities. Cities 8 Counties ... generaIty. They Zara only those powers expressly so given or those ubich are necessarily or fairy implied therefrom as essential to carry out the objectives and esponsibillties imposed by lam. They cannot govern beyond the mope of the power whloh the State has ler/dated to it. which most be oonferred exrressly or by mammy implication, and nay not be inferred. ( Utah 1972. Johnson r• Sant' CitT Carp 497 P 2rd 644, g 11.Y. Sap. 1969. Beeline Inc. v. Nickerson 303 P.Y. S. tad 950) The powers of Cmmokr&Itudmipal corporations eve governed aelelyigrlag- islative mandate as regards their duties. powers. amd liadtatiens. Ca& 6197145. /arenas v. Hospital Hoard of Baran Covent, 920 Se 2d 691. 294 ) Utah state Laws give certain authorlW to lonalemmdmipelitlest Pavers of Cities, 104.65. pOGG License and Tax --Destraltletzr ether anemia ...- They may license. tax. regulate or keeping of dogs. and authorize the desturction. sale or other disposal of the sane when at large eente.mv ice erdinano.. Cities & Townss 1043-18. plgs --Tenmpr. Trey may Prew,n4:.:th.E,:emiling at large of dogs and impose a tax cm the spy!, alltlierise their destruction in a sumary manner 1,-ogo contrary to The ordinances of :such Counties: 17-5-29. .122gs rr Tn..nr=t!rY.-7.1nP. They ray provirlo tho prevention of injuries to cattle or sheep by dogs, utii rn-r_ trtx dogs and direct the application of the tax. At no time is authority given.to the municipal entities to govern cats within the Utah State statuto2. co d~ M G V U Councilman Wiseman and Mr. Bretzke and Mayor Jacobs reported on their observations of the request of Virginia Johnson with regard to Arroyo Road. Councilman Barker moved that the Council not give the right-of-way back to Mrs. Johnson, based on the recommendation of the Councilmen that were at the site to inspect it. Coun- cilman McDougald seconded the motion and it was approved unanimously. Mayor Jacobs suggested that the Council refrain from abandoning any rights -of -way in that area until some other kind of arrangements are made. request of Virginia Johnson 357 Councilman McDougald moved and Councilman Barker seconded Pittman fence that the previous decision regarding placement on sidewalks on 3rd South which required the removal of the Pittman fence be rescinded. Further, that Mr. Pittman be written a letter from the City Attorney advising him that the decision which allows him to retain his fence in its present position was not due to legal representation at the City Council meeting but rather, based on the interest, welfare and practicality of and for the residents of Moab. Motion passed unanimously. Chief Mel Dalton was present and requested permission to Chief's convention attend the Chief's Convention in St. George on March 14-16. Councilman McDougald moved that the Chief be advanced $100 for the trip to the Police Chief's Convention and that he submit vouchers for expenses over $100 if necessary for expenses. Councilman Barker seconded the motion and it was approved unanimously. Chief Dalton stated that he will be going to Green River to a drunk driving seminar on Thursday. Chief Dalton stated that two men went to the crowd control school in Salt Lake instead of just Officer Brownell. The other officer was Alan West and he went at his own expense and spent approximately $50. Councilman Barker moved that the City reimburse Officer West for attending the school in the amount of approximately $50. Councilman McDougald seconded the motion and it was approved unanimously. Chief Dalton stated that the radios in the police cars are becoming obsolete because the tubes in them are obsolete. He further stated that Royce's Electronics has access to a police radio that is a Motorola and costs around $1,000 and he could get it for them for $400 but it is a used radio. Councilman Wiseman moved that the Chief's request be approved upon further investigation by Councilman Wiseman and upon approval by Councilman Wiseman. Councilman McDougald seconded the motion and it was approved unanimously. Chief Dalton reported that the policemen have started the clean up of clean-up of cars, boats and trailers that are in rights- rights of way of way and that it has gone a lot better this year than in years past. drunk driving seminar crowd control school new radio for police cars Chief Dalton reported that the rash of vandalism continues vandalism and they are working on the problem and are trying to get continues it cleaned up but it is becoming a big problem nationwide. The resignation of Karla Hancock from the Shade Tree Committee Karla was considered. Councilman McDougald moved that the Council Hancock's accept her resignation and table the matter until a resignation recommendation comes forth from the Shade Tree Committee. Councilman Barker seconded the motion and it was approved unanimously. Dennis Burke was present and stated that he is interested in finding what salary changes are being made in the crew of the Street Department. In response to a pre -Christmas City Council special meeting with the City employees, Councilman Wiseman moved that the following directives be approved by the Council and be transmitted to the department heads by the Council member charged with liaison responsiblity. Motion was seconded by Councilman Barker and approved unanimously. Personnel Policy changes adopted 358 Dennis Burke's statement clean up of junk cars personnel manual Andy Steen problem 5th West not to be improved at this time bills approved Board members' appointments ratified pool fence nearly completed vandalism at park and playground equipment Change City of Moab Personnel Manual, Sec. 10, Par. D & E page 8 of the referenced policy: Paragraph D., last sentence to read as follows: "The top 3 of the preference list shall be referred to the Department Head who will make the final selection, fill out a Personnel Action Form on the person selected, and deliver it to the City Administrator, who will then begin a personnel folder on the new employee. Paragraph E. is to be deleted. A revised pay scale, marked as an enclosure to these minutes, which directs step and grade adjustments to more closely conform to Job responsibilities and time in position. The elimination of the position of Equipment Operators (2) in the Public Works Department; the addition of City Service Worker (2) in the Public Works Department; the addition of two (2) File Clerks, Grade 2, one position to be in Administration and one position in the Public Works Department. Also, part time employees, seasonal employees and hourly employees' wage scale will be determined at the time of employment and the wages of the above shall not exceed the total wages of permanent employees consistent with relative positions to other employees. Dennis Burke was present and stated his opinions on how the Street Department is begnn run and gave some recommendations. Some discussion took place. Councilman Wiseman brought up the subject of the cleaning up of the junk cars around town. He suggested that we not wait until the Spring to do this job but make it a year -'round activity. Councilman Wiseman urged that the personnel manual be followed to the letter by all City employees and officers. He urged that all jobs be advertised for. Further discussion was held. Councilman Barker suggested that a letter be written to the Job Service and tell them to only send applicants that qualify for the jobs needed. Mayor Jacobs stated that Andy Steen has stated that he is going to go ahead and sue the City and the Mayor is going to tell him to go ahead as recommended by Attorney Ruggeri. Mayor Jacobs informed the Council that Ken McDougald is contemplating a GoFer Store on 5th West. He has asked about the curb and nutter and sidewalks that will be required. The Mayor has informed Mr. McDougald and Rodney Phillips that he will talk to Art Chidester, the State Engineer and the irrigation company and maybe suggest to the irrigation company that they put in culverts, bury them and then paving could be done over the culverts. The Mayor will instruct Mr. McDougald that the property won't be curbed and guttered at this time but when it is, he will be required to curb and gutter and sidewalk his property. Councilman Wiseman moved that the bills be approved and paid. Councilman Barker seconded the motion and it was approved unanimously. Councilman Barker stated that at the first of the year the Mayor is to ratify the appointments of members to Boards or appoint some of his own, specifically the Grand 'County Economic Development Committee, and the Moab Community Development Committee, with Keith Peterson and the Recreation Board with Dixie Barker on it. Councilman Barker recommended that the Mayor at least sit in on some of the Grand County Economic Development Board meetings. They Mayor stated that it was agreeable that the members of the Boards and Committees stay as presently appointed. Councilman McDougald so moved. Councilman Wiseman seconded the motion and it was approved unanimously. Mr. Bretzke reported that the fence at the swimming pool is nearly installed. Mayor Jacobs stated that at the next meeting he and Mr. Bretzke will report on the playground equipment they recommend for the park. Vandalism at the park was discussed and Mayor Jacobs suggested that some sort of watchman come to the park at intervals to help curb some of the vandalism. Councilman Barker moved that the meeting adjourn. Councilman McDougald seconded the motion and the meeting adjourned at 10:25 p.m. adjournment 3 5 9 ATTEST: M d' G A regular meeting of the Moab City Council was called to U order at 8:05 p.m. in the Council Chambers. Mayor Jacobs and Councilmen McDougald, Barker, Wiseman, Tomsic and Peterson were present. Also present were City Administrator -Recorder Bretzke, City Engineer Keogh, Chief of Police Dalton, Secretary Sandy Martin, and thre citizens. Haro o.s, ayor CITY COUNCIL Regular Meeting March 21, 1978 8:00 p.m. Corrections were made to the minutes of March 7, 1978. Councilman Wiseman moved that the minutes of the regular meeting of March 7, 1978 be approved as corrected. Councilman Tomsic seconded the motion and it was approved unanimously. A citizen, Mr. J. L. Foy, was present whose property is located immediately across from Mr. Evertt Pittman on 358 East 3rd South. He would also like to put in a fence and sidewalk and asked what he would be required to do. Councilman McDougald moved that the Council allow Mr. Foy to construct a sidewalk 5' wide, adjacent and back of curb, which would align with the existing driveway and to install an open type fence 5' back from the curb and gutter which would not exceed 4' in height. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Tomsic moved that the Council appoint Harry E. Snow, City Attorney pro tem in the case of the City of Moab vs. Andrew K. Steen and also appoint Patrick McGuire, Judge pro tem to hear the same case. Councilman McDougald seconded the motion and it was approved unanimously. One bid was received on the spraying for tent cater- pillars in Moab and Spanish Valley. That bid was from Wasatch Exterminators for $2,995.00: Councilman McDougald moved that the Council accept the bid. Coun- cilman Barker seconded the motion and it was approved unanimously. Mr. C. L. Felkins' request of last.Council meeting to be annexed was again considered due to a lack of four members at the last meeting. His property is on 4th North immediately across from the Palmers. Council- man Tomsic moved that the Council adopt the Resolution #2-78 to annex Mr. Felkins' property on 4th North into the City of Moab. Councilman Barker seconded the motion and it was approved unanimously. Mr. Dave May and one other member of the Shade Tree Committee were present. They have had no success l regular meeting attendance minutes approved sidewalks on 3rd South - Pittman appointments for City vs. A.K. Steen tent caterpillar spraying C.L. Felkins' request for annexa- tion Shade Tree Committee 360 keeping of small stock in Moab Finlayson's rides of Provo - carnival new proposed swim pool executive meeting of Council annual clean-up beer licenses zoning change - Key public hearing for raise approval in obtaining an additional member for their committee. They suggested that they be instructed to make a survey of trees 1n town that have been destroyed, etc. and are in need of replacement. Councilman McDougald suggested that George Anderson might be a good candidate for the Shade Tree Committee and with the Mayor's permission will contact him in the next few days to see if he would be willing to servi on the committee. Mr. Dave May also approached the Council concerning the City ordinances dealing with the keeping of small stock in Moab. He claimed that there are at least 42 violations of these ordinances going right now, 43 counting himself. He further requested that a citizen committee be appointed to see if some avenue could be opened wherein exceptions or alterations could be made to the preseht ordinances to allow people to keep a small amount'of small stock for. 4-H purposes, etc. Mr. Bart Finlayson of Finlayson's Rides of Provo came before the Council and requested to bring his carnival to Moab on June 8, 9, and 10, 1978. He stated that he would do everything possible to cut down the noise of the equipment used and would be willing to abide by any curfew set by the Council. The Council has previously voted to allow carnivals in Moab and Mr. Finlayson will be allowed to bring his carnival down the 8, 9, and loth of June if he can get permission from the landowner to set Up. Mr. Jack Ehler of Ehler and Ehler, Architects, was present and he had, prior to the meeting, showed plans to the Council for the new indoor -outdoor pool which has been proposed for the City of Moab. Councilman Barker suggested and Councilman Wiseman moved that the Council proceed immediately to make applications to the Bureau of Outdoor Recreation and other agencies for a grant to fund the building of an Olympic size pool. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman McDougald requested a fifteen minute executive meeting after tonight's meeting to discuss elected officials' salaries. Councilman Peterson stated that the annual clean-up program is about to get underway for the 8th of April and once again, he would like to give prize money to groups participating in the clean-up. He requested permission to take $300 out of his budget for first, second and third prizes for this purpose. Councilman Barker so moved. Councilman Tomsic seconded the motion and it passed unanimously_. Councilman Peterson also stated that he has approached the County and they are agreeable to having their crews available along with those of the City to help carry off the garbage that the groups aren't able to. This has been done in the past on a volunteer basis by the crews - they are paid for overtime worked - and he would like to see it done this year as well. The Mayor suggested that this clean-up also be a year -'round activity instead of just once a year. The Mayor said City crew would assist. Mr. Bretzke had two beer license applications which needed approved, one from Frank Yama, dba Discount Warehouse Market and one from Mr. and Mrs. Doria and Mr. and Mrs. Adamski, dba La Hacienda Restaurant. Police Chief Dalton had written a favorable approval with each application. Councilman McDougald moved that both be approved. Councilman Peterson seconded the motion and it was approved unanimously. Mr. Bretzke reported on the recent meeting with the Planning Commission concerning Mr.'Key's request for a zoning change. He was instructed that the Commission will have to make a decision before the Council can act. It was suggested that Mr. Key be required to state in writing exactly what he wants to construct on his property. Councilman Tomsic requested a public hearing to have the proposed raises of the appointed officials approved. The next Council meeting will include a public hearing for this matter. Councilman Tomsic inquired as to whether or not there is going to be a Utilities Superintendent hired. The Mayor stated that the ad is out and they are willing to interview anyone who is interested in the Job; however, he doesn't want to appoint anyone right now. Councilman Tomsic also inquired if there is still a moratorium on the water hook-ups out in Spanish Valley. She was told that there is. The question concerned Rholand Murphy's subdivision. He had prior approval for water before the moratorium. Councilman Barker reported on the workshop she attended concerning trying to obtain,grants from HUD. The Mayor had a negative reaction to the workshop he attended and he got the impression that money was only available for very poor and mostly residential projects. Councilman Barker stated that she got a different impression and felt that the Council should try to get money, perhaps for the community center or for the completion of the Spanish Valley Water project, etc. Applications must be in soon and multi -year financing is also available. The matter was discussed further. 00 Councilman Barker stated that she has been asked to rt participate in the Utah League of Cities and Towns meet- '^ ing on the 7th of April, meetings to be held from the U6th to the 8th. Councilman Tomsic moved that U Councilman Barker go to the meetings and also the Mayor if time permits. Councilman Wiseman stated that there will be a problem with Bill bugs in the park. The Mayor informed him that the grass can be treated at the same time it is fertilized and he will look into the matter further. Councilman Wiseman suggested that a series of articles concerning annexation, its pros and cons, be published in the paper and that Sam Taylor concurs. The articles would be used to better inform the public about annexation. The Mayor would like to see the articles before they are printed. Councilman Tomsic moved that the bills be approved and paid. Councilman Wiseman seconded the motion and it was approved unanimously. The meeting adjourned at 10:25 p.m. ATTEST: Dfivid J. Bre /7/ Haro AIs, Mayor City Recorder MOAB CITY COUNCIL Special Meeting March 28, 1978 7:30 p.m. A special meeting of the Moab City Council was called to order at 7:30 p.m. in the Recorder's Office. Present were Mayor Harold Jacobs and Councilmen Barker, Tomsic, Wiseman and McDougald. 361 Utilities Superin- tendant water moratorium HUD monies workshops Barker to attend ULCT meetings Bill pigs in park articles concerning annexation to be published bills approved special meeting attendance Councilman Tomsic questioned the news item in the Times Independent regarding the Chief of Police notifyi 9 362 Officer Porter regular meeting minutes approved the City Council of his disciplinary action against Officer Porter, when actually no such disclosure was made by Dalton. Councilman Tomsic noted that the City should improve its program of information dissemination. It was noted by Councilman Wiseman that the action by the City of Moab against Officer Porter was not in compliance with the Moab City Personnel and Policies Procedure. Councilman Wiseman moved that the disciplinary action taken by Mayor Jacobs against Officer Porter be declared null and void and that Porter's personnel record be expunged of all correspondence resulting from this action. Further, the Mayor of Moab be directed to take what action, if any, he desires against Officer Porter in strict compliance with the aforementioned procedure. Councilman Tomsic seconded the motion and it was approved unanimously. Upon the request of Mayor JAcobs as to the desires of the Council with regard to Officer Porter, Councilman McDougald moved that the Council go on record as favoring the dismissal of Officer Porter in compliance with the Moab Personnel and Policy Procedures. Councilman Barker seconded the motion and it was approved unanimously. Mayor Jacobs noted that the probation of Officer Porter was done upon the recommendation of Police Chief Dalton, and the Mayor had not consulted the Personnel and Policy Procedures before accepting the recommendation of Chief Dalton. Councilman Barker moved that it is the recommendation of the Council that Police Chief Dalton be administered a written reprimand for his unauthorized action against Officer Porter, such reprimand to be in accordance with existing policies. Councilman Wiseman seconded the motion and it was approved unanimously. The meeting adjourned at 8:50 p.m. ATTEST: James A. Wiseman, City Councilman CITY COUNCIL Regular Meeting April 4, 1978 8:00 p.m. A regular meeting of the Moab City Council was called•to order .y Mayor Harold Jacobs at 8:05 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs and Councilmen Barker, Tomsic, Wiseman and McDougald. Also present were City Administrator -Recorder Bretzke, City Attorney Ruggeri, Secretary Sandy Martin, and eight citizens. A change was made in the minutes of the regular City Council meeting of March 21, 1978. Councilman Tomsic moved that the minutes be approved as changed. Councilman Barker seconded the motion and it was approved unanimously. Councilman Barker moved that the minutes of the special meeting of March 28, 1978 be approved. Councilman Tomsic seconded the motion and it was approved unanimously. Corky Key's rezoning Concerning Corky Key's rezoning request, he submitted a letter request retracted to the Mayor prior to the meeting stating that he can do with his property as he wishes without the rezoning and so, withdrew his request. The public hearing was cancelled. co d" CM U U Councilman Wiseman moved that the Chief of Police's salary be raised from $1170 to $1184 monthly and that the City Treasurer's salary be raised from $785 to $825 monthly._Councilman=McDougald.seconded_the motion ands ft=was approved unanimously. Councilman Tomsic explained that this was necessary to have the two positions adhere to the ranges and steps they are assign under the new personnel policy. One bid was received on the new police car. That bid was from Mahoney Chevrolet. Without a trade-in the bid was $6,383.85. With a trade-in the bid was $7,083.85 minus $1,000 for the trade-in for a total of $6,083.85. Councilman Wiseman moved that the Council table the decision on the police car until the next meeting and make a final decision at that time. Councilman Tomsic seconded the motion and it was approved unanimously. Mr. Bretzke informed the Council that the City had received a letter from Susan Mead requesting permission to hook up her trailer to city water out in the Vally in order to move near her father Mr. Wallace Winder to take care of him. The Council instructed Mr. Bretzke to inform Susan Mead that there is a moratorium on water connections at this time and since the trailer would be in the County, there is nothing further they can do at this time. The Mayor informed the Council that Mr. Leonard Burton of Central Utah Insurance Agency had approached him stating that there had been an error in his insurance bid for $11,489 which he had submitted to the Council on January 7,1978'.for comprehensive general liability insurance, -including automobile liability and physical damage for4the current year. He had made an error in calculating the bid by deducting an item twice and when he received the bill from Guarantee Insurance Company it was for $12,200. He was asking the City to pay the difference. Councilman McDougald moved that the Council accept the mistake and pay the additional money and that when the policy expires next year that the bids be advertised for at least 90 days prior to the expiration date. Councilman Barker seconded the motion. Councilman Barker, Wiseman and McDougald voted for the motion and Councilman Tomsic voted against the motion. The motion carried. Councilman McDougald stated that officers had come to him personally and talked to him about the recent recommendation of the Council regarding Officer Porter. He stated that rather than go to the Council individually, the officers should come before the Council as a whole. Councilman McDougald moved that the Mayor be given $150 per month for an expense and car allowance and that this allowance be retroactive to the 1st of January. Councilman Barker seconded the motion and it was approved unanimously. Councilman McDougald stated that Mr. George Anderson would be willing to serve on the Shade Tree Committee. Councilman McDougald moved that the Mayor appoint Mr. Anderson for the balance of Karla Hancock's five yea term which expires June 1, 1981. Councilman Wiseman seconded the motion and it was approved unanimously. The Mayor informed the Council that sone signs forbiddin dogs in the park on or off leash are being made. They will be ready for posting tomorrow. The Mayor also informed the Council that the swimming pool has been drained and cleaned. Mr. Bretzke reported that Sunday he went to check on the pool and there were five boys riding skateboards around in the pool who had climbed over the new fence. Officer Porter was present and reported on the incident. councilman Wiseman asked that he be given a report of the incident from Chief Dalton. d salary inc36e3 bid on police car letter from Susan Mead concerning water hook-up insurance bill incorrect insurance bids to be taken earlier next year. recent recommendation to terminate Officer Porter expense allowance for Mayor Jacobs George Anderson to be on Shade Tree Comm. signs forbidding dogs at park to be posted swimming pool being drained & cleaned vandalism at pool ��. ` ance requested The Mayor informed the Council as a member of the Board n m ing Fred of Directors of the Association of Governments that Turner's salary the Board would be asking for some assistance from the City in meeting Fred Turner's salary and other costs for the past year which were around $18,000. They are going to come up approximately $7,000 short and since Fred's total efforts were expended in this area, they are coming to the City and County for aid. They are advertising for another man to fill the position and would budget for his salary next year. Councilman Barker is opposed to allocating any money for this purpose and Councilman Wiseman moved that the Council allocate zero funds for this request. Discussion took place and Councilman Wiseman withdrew his motion. The Mayor will check with the County and see how they plan to aid and will report back to the Council. bills approved Councilman Tomsic moved that the bills be approved with the addition of a $60 expense check for Dixie Barker and a $18.70 expense check for Mayor Jacobs making a total of $19,345.78. Councilman Wiseman seconded the motion and it was approved unanimously. ,Moab's property Councilman Barker noted that Moab's property tax is the tax highest in State highest in Utah as reported in the SALT LAKE TRIBUNE recently. She suggested that the Council consider this at budget time. adjournment Councilman moved that the meeting adjourn. Councilman Wiseman seconded the motion and themeeting adjourned at 9:00 p.m. ATTEST: // Harold B Utz e, Recorder Regular Meeting April 18, 1978 8:00 p.m. regular meeting A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers by Mayor Harold Jacobs. Present were Councilmen Peterson, McDougall, Tomsic, Barker attendance and Wiseman. Also present were City Recorder Bretzke, City Engineer Keogh, Police Chief Dalton, Secretary Sandy Martin, and three citizens. minutes approved A correction was made in the minutes of the regular meeting of April 4, 1978 to show that the Mayor appointed George Anderson to serve on the Shade Tree Committee and not the Council. Councilman Wiseman moved that the minutes be approved as corrected. Councilman Tomsic seconded the motion and it was approved unanimously. bids for fencing of Bids were read which had been received on the fencing of the #1 spring and Birch N1 Spring and the Birch Spring. The bids were for six and Spring eight foot fences respectively. Mountain States Fence Company submitted a bid for $6346 and $7128 and Allied Development Company submitted a bid of $7229 and $8391. Councilman McDougald moved that the Council accept the bid for the six foot fence from Mountain States Fence Company for $6346. Councilman Tomsic seconded the motion and it was approved unanimously. water tank recently The Mayor reported that one of the water tanks was recently cleaned turned off, drained and cleaned by flushing out sand in the bottom and adding a 12 high standpipe in the bottom of the tank. Hopefully, this should alleviate most of the sand problem in that part of the water system. oo M C'. V U Mr. Wong was present and inquired about his sign for the Apache Motel which is placed on City land at the SW corner of the intersection of Main Street and 1st South and leased from the City. Mayor Jacobs told him that the Council would do all it could to help Mr. Wong and h sign will stand as is until the property is sold and then the new owners would need to be consulted. Apache Mote36 l sig The Mayor informed the Council that he had talked with police car bid Mr. Mahoney about his bid on the police car and they had decided on $453 worth of deductions that could be made in the bid by deleting items they didn't feel were necessary. Councilman Tomsic moved that the Council accept the bid of $6383 with the modifications of $453 to make a total bid of $5930. Councilman McDougald moved that the City trade in the '75 Ford Torino on the new car and keep the car that has been on Peterson Ford's lot in the administration. Councilman Barker seconded the motions and they were approved unanimously Mr. Bretzke showed the Council a chart with a proposal playground equipment for playground equipment at the new City Park which a for new City Park salesman from Game Time in Logan had sent. Bids will now be advertised for and other proposals taken. The old City Park was also discussed. The possibility of leveling out the north end to make a ball diamond was discussed. No playground equipment will be installed at the Old City Park at this time. City Engineer Keogh brought up the subject of the stree street by Loveridge by the new Loveridge Subdivision just west of the Subdivision southeast school. Because of various reasons, it was necessary to have fourteen additional feet on the north side paved. The developer is putting curb, gutter and sidewalk in there. Sargent Rowley of the Police Department was present and requested a leave of absence beginning the 30th of April until the 15th of November to run for a political office. Councilman Wiseman requested that Chief Dalton submit a written opinion on the matter soon. Chief Dalton stated that in the event a leave is granted, he would have to hire another officer. The matter was tabled until the City's legal counsel can be consulted. Mr. Bretzke informed the Council that they had been invited to the dedication of the Thomson's Visitor's Center on Thursday at 1:00 p.m. Members who are able are urged to attend. The Mayor asked for a recommendation for salary raises for the next year. He was informed that this year is the cost of living raise for the employees. Mr. Bretzk will try to find a national figure to use for the raises. Councilman Tomsic asked about the spraying for tent caterpillars and was informed that the work would commence tomorrow. Councilman Barker stated that the time for review of Mr. Bretzke as City Administrator is here and the Council should decide if they want to continue as is or if they should advertise for a City Manager, a position that was created by an ordinance a year ago. Councilman Barker moved that the Council advertise for the position of City Manager and take applications through the month of May with a salary range from $15,000 to $18,000 and that the first week of June the Council review all applicants for that position. Councilman Tomsic seconded the motion and it was approved unanimously. It was stated that Mr. Bretzke will be eligible to apply for the job of City Manager. The job is to be advertised for using the Job descripti contained in Ordinance No. 6-77. It was decided to use the same media for advertising that was used when Mr. Bretzke was hired, including the University of California at Berkeley. Mayor Jacobs expressed his opposition to the action taken by the Council. Rowley requests leave of absence to run for Sheriff dedication of the Thom son Visitor's Center salary raises to be cost of living this year tent caterpillars City Manager to be advertised for n piAi ies for grants Councilman Barker stated that she was of the impression that from t�fiie BOR the City had two applications for grants from the Bureau of Outdoor Recreation, one to be used for possible funding to expand the club house at the golf course and to add a jogging track and outdoor shuffleboard, and another one for the possible funding of the bath houses, pool and filtration system for the proposed new swimming pool. She stated that the BOB will not fund indoor projects and so the roof or other structure would have to be funded by another means. She asked which project should have priority. Councilman Peterson moved that the Council proceed as soon as possible to make application to the BOR for the swimming pool. Councilman Barker seconded the motion and it was approved unanimously. weekly meetings to Mayor Jacobs stated that with the budget coming up, some work on the budget times needed to be set to start the weekly meetings to work on the budget. The Council decided to start on Monday, May 1st at 1:00 p.m. and then to meet on each Monday afternoon at the same time for the next three or four weeks. Leon Stocks to go to animal control school 1977 clean up to be followed up on Councilman Wiseman informed the Council that Animal Control Officer Leon Stocks would like to go to a school in Salt Lake on May 8 until the 19th. The $25 fee has already been paid for the school and Mr. Stocks would take his own trailer up to stay in. Councilman Peterson moved that we send Mr. Stocks to the school and that he be given $75 per week for the two weeks he is up there. Councilman Barker seconded the motion and it was approved unanimously. Councilman Wiseman stated that in 1977 when pictures were taken of unkempt yards, Mr. Ray Stratton of 194 South-3rd East was cited and he didn't even answer the letter. He hasn't done anything about the problem. The Council unanimously agreed that some type of legal action should be taken and the Mayor will sit down with Mr. Ruggeri and Mr. Dalton to see what can be done. City Market parking Councilman Wieman also brought up the subject of the City lot to be cleaned up Market parking lot and the mess it has been lately. The Mayor informed him that it was private property and the police hadn't been given permission to police it. Mr. Bretzke informed the Council that the owner of the property wants to do something about the mess on his lot and will be coming to the Council within the next two weeks with a proposal. Board of Adjustment tCouncilman McDougald referred to the minutes of the last be informed not to Board of Adjustment meeting where the Board had stipulated attach stipulations that Delbert Oliver would give a 162' strip of land for the right-of-way on 5th West Street and would pave his property within five years. He stated that the Board does not have this power. Councilman Wiseman requested that the Board be advised that they cannot attach such stipulations to the granting of variances. Mr. Ruggeri will also be consulted on this matter. 24th of July cele- brattion planned bills approved Hefner girls have applied to work at pool Councilman Peterson informed the Council that a member of the 1st Ward of the LDS Church had come to him with proposals for the 24th of July celebration and had requested to rent the pool and wanted the price, requested to be able to set up booths in the City Park and would like a permit to use the park, requested a parade and wanted the police to block off the street for the parade. She also requested a PA system into the park and requested a donation from the Council. Mayor Jacobs stated that they could do all this with the exception of renting the pool because it will be used for a water show and free swimming. The Church can use the park and there is already a PA system there. But, they can use no stakes and there must be no grease drippings from cookers. Also, they will have to go to the police with their requests involving them. It was generally decided that there would be no contribution given. Councilman Tomsic moved that the bills be approved and paid. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Barker requested that the Hefner girls who had M 714 M Q U V applied to work at the swimming pool be notifed that a manager has been hired and an assistant will be. She stated that she objects to both girls being hired and would like only the oldest one to be hired and only as a lifeguard. Mayor Jacobs stated that he and Mr. Bretzke have worked HUD grant applied for with a grantsman, Mr. Ervin Butterfield in trying to obtain a grant in the amount of approximately $5,000,000 from the Department of Housing and Urban Development. He stated that the pre -application has been filled out and the grantsman's fee is $500. He stated that Mr. Butterfield would be here on Thursday at 7:30 p.m. an he would like members of the Council to come in and talk with him about his plans for obtaining the grant. Members of the Council expressed their approval. Councilman McDougald moved that the meeting adjourn. meeting adjourned Councilman Peterson seconded the motion and the meeting adjourned at 11:08 p.m. Minutes May 2, 1978 8:00 p.m. 367' A meeting of the Moab City Council was called to order regular meeting at 8:10 p.m. in the Council Chambers by Mayor Harold Jacobs. Present were Councilmen Peterson, McDougald, Tomsic, Barker and Wiseman. Also present were City attendance Administrator -Recorder Bretzke, City Engineer Keogh, Police Chief Dalton, Secretary Sandy Martin, and three citizens. Councilman Wiseman added the word 'such' to the minutes of April 13, 1978 and moved that they be approved as corrected. Councilman Tomsic seconded the motion and it was approved unanimously. Mayor -Jacobs stated that on 4th East the County sewer runs down for a ways in front of Dan Holyoak's house which is within the City limits and the District needs a right-of-way from the City. Councilman McDougald moved that the right-of-way be_given. Councilman Barker seconded the motionLand itwas'approved unanimously. One bid was received on the playurouna equipment Tor the new city park. It was from -Rich -Boyce -Playground Equipment from Logan -and was for $6,249.00. It would be installed -and paid,fariby July 1. Councilman Wiseman moved that the bid be accepted. Councilman Tomsic seconded the motion and it was approved unanimously. Plateau Supply had submitted the only bid for a pavement tamper. For a new one they had quoted a price of $1,385 and for a used one (9 days) they had quoted a price of $1,120. Councilman Tomsic moved that the Council accept the bid for the used tamper. Councilman McDougald seconded the motion and it was approved unanimously. City Engineer Keogh informed the Council that Mr. Maxwel from the firm of Nielsen, Maxwell and Wangsgard had drawn up a standard set of engineering specifications for governmental bodies to use for subdivision standards for improving streets, storm drains, water, etc. He minutes corrected and approved sewer on 4th East playground equipment bid awarded 'pavement tamper bid awarded Keogh proposed buying standard set of enq. specs. ��8 citizens expressed opposition to hiring City Manager beer license request for Cottage Deli Mayor to sign agreements for new signing program Corp of Engineers to do flood control project by high schoo public hearing needed for HUD grant Jeanery has license Coffman requested gas pumps at GoFer Market suggested that the Council consider buying a set of these specifications and that the cost would be approximately $500. The Council decided to examine some samples which Mr. Keogh already has which were prepared for some 15 other cities and counties before making a decision. Citizens who were present were given an opportunity to express their opinions and ask questions concerning the Council's recent decision to advertise for a City Manager to fill the position created by Ordinance #6-77. Many expressed concern and opposition to the matter and members of the Council offered explanations and reasons for the decision. Councilman Peterson stated that the ordinance should be re -published in the paper as it was last May and copies should be made available to anyone who would want to come in and read it. Councilman Barker stated" that no decision-should'be made at this time because there may be just as many citizens who have the opposing viewpoint and they should be given a chance to be heard. It was agreed that the Council would continue taking applications for the City Manager's position. Councilman Barker suggested to the citizens that when they plan to bring in a delegation for one reason or another that they call and get a place on the agenda. Most citizens left the meeting at this time. Mr. Bretzke stated that there was a request for a beer license from James Wanaliesta for Cottage Deli on North Main. It has been checked by the Chief of Police and he sees no reason why the beer license should not be granted. Councilman McDougald moved that the beer license be granted. Councilman Peterson seconded the motion and it was approved unanimously. Mr. Bretzke informed the Council that there are four copies of a cooperative agreement from the Utah Department of Transportation to replace traffic regulatory signs throughout town. Approximately 60 signs will be changed and the City will have to pay approximately $998 of the $10,268.60 which the project will cost. The agreements need to be signed by someone representing the City. Councilman Barker moved that the Mayor be authorized to sign the agreements. Councilman Tomsic seconded the motion and it was approved unanimously. Mr. Bretzke also informed the Council that the Corp of Engineers is working on the flood control project by the high school. They will advertise for bids, award the contract and pay the bills. Nothing will be required by the City. Mr. Bretzke informed the Council that Mr. Seth Butterfield has sent a letter calling for a public hearing to be set by the City Council as soon as possible. This would be to obtain the proposals and priorities of the public with regard to the HUD grant which had been applied for. Councilman Tomsic moved that the Council hire Mr. Butterfield from Butterfield, Inc. to apply for the HUD grant and pay him the sum of $509 to take care of it. Councilman Peterson seconded the motion and it was approved unanimously. The public hearing was set for May 16, 1978. Mr. Bretzke informed the Council that The deanery, a retail clothing store on North Main Street, had come in and obtained a business license. Mr. A. J. Coffman came before the Council and requested that they instruct Mr. Brundage to issue his company a permit to install self service pumps at the GoFer Store. This matter had arisen before and due to the fact that the surrounding property owners were opposed to the pumps going in they were not allowed. The Planning Commission had approved a rezoning request to allow installation of gas pumps and then the Council had overturned that decision. Mr. Coffman took the position that the hearing before the Planning Commission for rezoning was never required because they have the legal right under a convenience store definition to put in self service pumps. Councilman McDougald moved that the matter be tabled and referred to the City's legal counsel for an opinion. Councilman Tomsic seconded the motion and it was approved unanimously. ce; d^ M U Councilman Wiseman moved that Section 12, Subparagraph C page 9 of the Personnel Policy be rescinded. Councilman Tomsic seconded the motion and it was ao roved unanimously. Sargent Rowley of the Po ice Department then withdrew his request for a leave of absence. Councilman Barker reported on the progress of the propos new swimming pool. She stated that the School District has agreed that the property east of the school could be used. It needs to be surveyed by the Engineer, howev to get the exact dimensions. Councilman Wiseman stated that the Fire Chief asked him where the fire hydrants went which had been ordered. Mayor Jacobs stated that the City has them down at the shop and•as soon as they get,thelocations they are requested for they can be installed if'the areas have enough pressure. Councilman Peterson stated that on the corner of North Main and 4th North there is a lot that is getting messie and messier and presently an old car is parked outside and is being torn apart. Hank Ruggeri will look into the matter and see what can be done. Councilman McDougald informed the Council that the golf course will still be in need of approximately $9800 after raising fees and will probably be approaching the Council to see if the City could possibly donate $5000 or so. He asked if there is anything left in Revenue Sharing that the Council consider giving it to the golf course. Councilman Tomsic stated that Buzz Goff came to her and wanted her to ask the Council if they would be willing to give him a quit claim deed to a triangle shaped piece of property by the water tank if he would give the City the Mill Creek bed. The Council needed more information and more research will be done. A decisioh will be made at the next Council meeting. Councilman Tomsic stated that she has received complaint from citizens concerning the backing up of traffic on Main Street in front of the Greenwell Motel during the lunch hour because of people making left turns across the northgoing lanes of traffic. Many cars are held up under the traffic signal light for quite some time. She raised the possibility of asking the owners to rerou the traffic and was told that there is no other way they can enter the restaurant property. Councilman, Barker asked if somethign could be done to get a stop light on Main Street and 3rd South. She suggested that a letter be written to ask the State Engineer if they would install one. She was informed that the State has been asked and a representative has come down to count traffic and has ruled that one is no. justified at that location. Also, the City is number 2' or so on a priority list for a new stop light. Council man Barker moved that the letter be written anyway to ask again that a stop light be installed on Main Street and 3rd South. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Tomsic stated that subdividers who had applied before August 1977 for water and sewer connec- tions were told that the connection fees would not apply to them. Therefore, she moved that Paul Cox be refunded his $300 that he was charged for the first hou in his subdivision. Councilman Barker seconded the motion and it was approved unanimously. Mr. Bretzke stated that other developers had been getting charged these fees and he was instructed to return any fees that weren't supposed to be charged and not to charge anyone who was supposed to be exempt. Councilman Barker requested that the City do something to get the speed limit changed from 30 mph to at least 40 mph for the area from the Husky station to the north part of the business district. She stated that no one Personnel I Policy than ed� 1 slightly d progress on the proposed swim pool r, Troy Black asked about fire hydrants messy lot on the corner of Main and 4th North e golf course may be asking for app. $5,000 Buzz Goff requests deed to small piece of land back-up of traffic in front of Green - well at noon stop light needed at 3rd South & Main subdividers to be refunded W/S conectioi fees if approved before Aug, 1977 e attempt to get speed limit increased on North Main 370 bills approved meeting adjourned regular meeting attendance minutes approved public hearing on the HUD Grant Mr. Butterfield was unable to attend. Meeting in Denver various grant project goes only 30 mph and that drivers are frequently stopped for going too fast. Mayor Jacobs stated that he will ask the State Engineer about this problem as well as the stop light problem. Councilman Tomsic moved that the bills be approved and paid. Councilman Peterson seconded the motion and it was approved unanimously. The meeting of the City Council adjourned at 11:15 p.m. Ha o d A. +• obs, Mayor ATTEST: ^0-ifi ' David J. Brtzke, Ci Recorder CITY COUNCIL May 16, 1978 8:00 p.m. A meeting of the Moab City Council was called to order at 8:07 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Tomsic, McDougald, Peterson, Wiseman, and Barker, City Engineer Keogh, City Attorney Ruggeri, Police Chief Dalton, City Recorder Bretzke, Secretary Sandy Martin, and approximately forty citizens. Councilman Barker made a correction to the minutes of the meeting of May 2, 1978 to show that she moved that the letter be written to the State Highway Engineer to request again that a stop light be installed on Main Street and 3rd South. Councilman Tomsic moved that the minutes be approved as corrected. Councilman Wiseman seconded the motion and it was approved unanimously. Mayor Jacobs opened the public hearing concerning the Department of Housing and Urban Development, Urban Development Action Grant Program. The purpose of the hearing was to obtain the views and proposals of citizens with regard to the determination of priorities and community development needs. The Mayor indicated that Mr. Seth Butterfield was in Denver and he had intended to be at the public hearing but was unable to attend. The Mayor reported on his trip to Denver with Mr. Butterfield on April 24, 1978 to discuss the grant proposal with the Denver HUD office. The Mayor briefly discussed aspects of the UDAG program with the citizens present at the hearing. He then went into a discussion of the various grant projects that were submitted to the HUD office as follows; 1. Neighborhood Center -- $3,675,000 -- He stated that this project was turned down by them immediately. This particular project could not be considered by this Agency. 2. Storm Drains and Flood Control -- $324,000 -- The break- down of this item is as follows: Stewart Canyon Floodway - 153,000; Walker Dam 25 feet high - $53,000; 1st East and 1st South Flood control Pipe - $34,000; 1st East and 3rd South Flood Control - 10,000; Mountain View Subdivision Flood Control - 50,000; Tusher Dam Inspection and Repair - 25,000. 3. Club House at Golf Course -- $315,00o -- This was the 2nd item that the Mayor said would probably not be approved by this Agency. 4. Update Wastewater Treatment Plant -- $220,500 -- Thi would entail the City's matching EPA funding on a 75%/25 basis. It would include doubling the size of the existing treatment plant and improving it to meet 1980 standards. 5. Approximately Three Miles of Water Main north of town and a one million gallon storage tank -- $371,700. 6. Three Miles Extension of Sanitary Sewer north of town -- $270,900. 7. Reconstruct Meadowlake Estate Sanitary Sewer, which also serves Palisade Subdivision on the northwest side of the City -- $157,500. 8. Indoor/Outdoor Swimming Pool -- $787,500 -- This was the third project that the Mayor said would probably not be considered by HUD. 9. Sidewalk to Elementary School, and the Installation of an Irrigation Culvert on Mill Creek Drive -- $28,980 -- Sidewalk will run from 4th East to Mill Creek Bridge and the irrigation culvert in front of the school. 10. New East-West Road from 100 West to 500 West on Center Street -- $189,000. 11. Laws Sprinkling System at the City Visitor's Center Golf Course an d.Old City Park -- $94,500 -- This was the fourth request that Mayor Jacobs stated would most likely be turned down by HUD. The grand total project request was $6,435,580. The Mayer said that if the four ineleigible items were subtracted the total request would be for $1,563,580. Mr. Dave White asked 1f this was an outright grant or a match program. The Mayor informed him that it would be an outright grant program. Mrs. Nora Eubanks was concerned that there would be too many government regulations tied to the grant. Mr. Lynn Day, retired Utilities Superintendent, said he felt that the first priority should be the water and sewer improvement. The Mayor indicated that he thought there was a need for flood control in this area. Venice Denney asked whether there would be curb and gutter on Mill Creek Drive. The Mayor said that the City intends to install curb and gutter on the north side and that this would be part of a Collector Road program to be funded by State funds which would not include sidewalks. That is why the request is being mad for sidewalks as a measure of safety for the school children. Also, an existing irrigation ditch needed to be covered to allow widening of the road. Mr. Ray Tibbetts, owner of Family Budget Store, applaude the efforts of the Mayor in seeking HUD money for the needed projects and expressed an interest in seeing annexation for new areas north of the City. Mr. Dave White, an Accountant at Atlas Minerals, was concerned that this would be an example of the "free lunch syndrome" and was concerned about the Federal Government spending more and more tax money. He felt that someone had to say no sometime to government handouts, especially those with strings attached. The Mayor asked the citizens if they had any special requests or felt there was a need for any other projects within the community that were not on the original grant request. There were no requests by the citizens in attendance. 371 total grant requested outright grant too many governmental regulations water and sewer shoull be first priority flood control curb and gutter on Mill Creek Drive cautioned about taking too many 'free'things 372 vote taken on going ahead with grant application priorities set The public hearing ended motion to follow the agenda explicitl gas pumps at GoFer Store turned down Ray Stratton concern ing clean up of yard Buzz Goff's request from former meeting Keogh had given exhibits to council beer license for MlVida parking problem on main and center streets swim pool fees The Mayor asked for a show of hands how many present at the hearing would like the City to proceed with applications for the enumerated projects. Thirty-eight citizens raised their hands and two advocates of not using Federal Government funds dissented. Councilman McDougald moved that the following priorities for the HUD grant be set as follows: 1. Storm drainage and flood control; 2. Updating of the Wastewater Treatment Plant; 3. Sidewalk and Irrigation Ditch by Elementary School; 4. Three Miles of Water Main; 5. Three Miles of Sanitary Sewer; 6. Reconstruct Meadowlake Estate and Palisade Sewer; 7. New East/West Road. For a Total price of $1,563,580. Councilman Barker seconded the motion. The Mayor asked if there were any objections from the audience. Having none, he called for the Vote and the motion was approved unanimously The public hearing ended and the Council continued with the remainder of the printed agenda. Councilman Barker moved that the Mayor follow the agenda explicitly and that people who want to be heard but aren't on the agenda, be heard at the end of the meeting. Councilman Wiseman seconded the motion and it was approved unanimously. City Attorney Ruggeri stated that it is not legal for gas pumps to be installed in the parking lot of the GoFer Store because that land is not zoned for them. Councilman McDougald moved that the request for the permit to install the pumps be denied. Councilman Tomsic seconded the motion and it was approved unanimously. City Attorney Ruggeri also stated that he has talked with Mr. Ray Stratton concerning the cleaning up of his yard. Mr. Stratton has told Mr. Ruggeri that he will begin the clean up next week. Mr.Ruggeri stated that if it is not done, he will take whatever action the Council deems necessary. Concerning the request of Mr. Buzz Goff at the last Council meeting, Mr. Ruggeri stated that the City could not deed the land in question to Mr. Goff because it states in the deed that if the land is used for any purpose other than what it is designated for, the land will revert back to the Federal government. Mr. Goff's family has been using the land and they feel that the land was taken from them by the Government. Because of the deed, the Council cannot take any action. Councilman Tomsic moved that Mr. Goff's request be denied. Councilman Barker seconded the motion. Councilman McDougald abstained from voting and Councilmen Peterson, Tomsic, Barker and Wiseman voted for the motion. The motion carried. Mayor Jacobs stated that he will talk to the BLM adl—see if they can do something to get this land deeded to the Goffs. City Engineer Keogh stated that the Council had been given the exhibits on the high school property which he had prepared. They were of the area where the proposed swimming pool 011 be built. Mr. Bretzke stated that there was a request for a beer license from Ron Auger and Glen Victor for the Mi Vida Steak House and Lounge. The Chief of Police has looked into the atter and sees no reason why the license shouldn't be granted. Councilman McDougald moved that the beer license be granted. Councilman Peterson seconded the motion and it as approved unanimously. Mr. Ray Tibbets, owner of Family Budget Store, stated that there is a big problem with parking down on Main Street. He stated that the signs which are posted are mostly hidden by trees. The Mayor informed him that signs have been ordered and posted. Mayor Jacobs stated further that he will come •own and talk to Mr. Tibbets about the problem and see if they can work out some solution. r. Bretzke reported that he was unable to obtain figures from onticello concerning the fees from the operation of their wimming pool and further, that it wasn't opened last year because of the drought. The fees were discussed for the Moab ►wim Center and it was stated that the pool operates at a •eficit of approximately $10,000 annually. Councilman Barker moved that this matter be tabled and at a special meetin within the next ten days the rates will be set for the s pool for the 1978 season. Councilman Wiseman seconded the motion and it was approved unanimously. im 373 Councilman Wiseman stated that the Chamber of Commerce is planning fireworks again this year for the 4th of July celebration and is asking a donation from the City of $400. The County will also be asked for $400. Councilman Peterson moved that the Chamber be given $400 for the 4th of July firework display. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Wiseman asked whether anything had developed concerning the committee which Dave May had suggested recently. The committee was to look into the ordinances concerning the keeping of small livestock and see if any changes could be made and lived with. The Mayor informed him that that is still in the process and has been stalled a little. Councilman Peterson informed the Council that he had recently attended a meeting of the Utah Air Travel Commission. At thtat meeting they had been told that TransWestern Airlines who flies the bank run is starting regular flights for passengers between Salt Lake, Grand Junction and Moab starting the 15th of June. There will be flights between Moab and Salt Lake in the morning and in the evening. There will also be a flight from Moab to Grand Junction and back each day. There will also be two trips a day between Blanding, Monticell and Moab and back in a single engine plane. There has been no indication of rates as of this date. Councilman McDougald stated that there is a big ditch In 4th East Street caused by the cutting of thelstreet recently. He was wondering if the City would consider fixing it even though the street is in the Co-nty. Chie Dalton informed Mr. McDougald and the Council that the road had been fixed today. Councilman Barker brought up the subject of the ordinan- ces governing stores in town displaying merchandise out in front of their buildings. It was mentioned that at the recent opening of The Jeanery they displayed clothes out in front of the store. Mr. Bretzke stated that he personally informed them that this was not permissable. The ordinance was discussed; it was agreed that it was not ambiguous and Councilman McDougald suggested that it be revised. Councilman Tomsic moved that store owner be allowed to display their merchandise out in front of their stores as long as it does not obstruct foot traffi and that the building inspector be so advised. Councilma Barker seconded the motion and it was approved unanimousl It was discussed that the City Ordinances need some revision and that is a very costly undertaking to have this done. Mr. Bretzke stated that money is being budgeted to update the present ordinances. Mr. Unger's recent_letter was discussed and Mayor Jacobs stated that he will call Mr. Unger to see what his concern was. Mayor Jacobs informed the Council that Mr. Dalton had asked that Ted Sorenson be appointed as a memeber at large of the Recreation Board. It was a unanimous decision of that Board to make this request. Councilman Barker moved that the Mayor make the appointment of Mr. Sorenson to the Recreation Board, which would mean that he would automatically serve as chairman of that Board. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Barker announced that a public hearing will be held for the budget of the Recreation Board on the 25th of May. donation for firework display on 4th ordinance dealing with small livestock Utah Air Travel Commission announced flights from Moab to SL and Gr. Jct. ditch in 4th East ordinances governing displaying merchandis in front of stores ordinances need revision Ted Sorenson appointe to Recreation Board. public hearing to be held on Rec. Board budget. Councilman Tomsic moved that the bills be approved and paid. Councilman McDougald seconded the motion and it was approved unanimously. bills approved '3 i4 Jim Black stated opinions on recent decision for City Manager meeting adjourned special meeting attendance George Gault present from Management Services Mayor Jacobs came to meeting. McDougald came to meeting motion to submlt pool to BOB for funding meeting adjourned meeting reconvened attendance Mr. Jim Black came before the Council with reference to the discussion of city manager at the last Council meeting. He stated further opinions on the matter and proposed that town meetings be set up to get ideas and then re -do the charter of Moab City. He said that this could take a year or so and he suggested that in the meantime, the present government of the City remain as is. Further discussion took place between Mr. Black and members of the Council. The meeting adjourned at 10:25 p.m. A. ; !'s , Mayor ATTEST: 24114ord David J. BretCityer CITY COUNCIL Special Meeting May 30, 1978 A special meeting of the Moab City Council convened at 1:35 p.m. in the jury room. Present were Councilmen Peterson, Tomsic, Barker, and Wiseman. Also present were City Recorder Bretzke, Bud Lincoln and Secretary Sandy Cresswell. Mr. George Gault from Management Services Corporation, Montrose, Colorado, was present and discussed the grant application to the Bureau of Outdoor Recreation for the indoor/outdoor swimming pool. He explained that the application was being made to fund an American size pool, one that is large enough to take care of interscholastic competition. It would be 75' in length as opposed to an Olympic size pool which is 164' in length, Or 50 meters. He stated that the grant would be a request for $450,000 and the local match would also be $450,000 for a total of $900,000. He further informed the Council that the Bureau of Outdoor Recreation has a new name, that is, Heritage Conservation and Recreation Service. Mayor Jacobs came into the meeting at this time. Mr. Gault explained that with all the procedures involved, if the grant was approved, the City was looking at two to three years before the project could be completed. Councilman McDougald came into the meeting at this time. It was discussed that the BOR would probably favor the swimming pool over the golf course as a priority for the grant. Other grants were also discussed which had been submitted to the UDAG. Councilman Wiseman moved that the Council submit fie -►application for the swimming pool to theBOR and that they re -submit the items to the HUD that were rejected by the representative at the meeting in Denver. Councilman Tomsic seconded the motion and it was approved unanimously. The meeting adjourned at 2:45 p.m. The special meeting reconvened at 6:10 p.m. in the Mayor's Office, Mayor Jacobs and Recorder Bretzke, Councilmen Tomsic, Barker, McDougald and Peterson were present. Also present was Ken McDougald c*D d'' U v Ken McDougald informed the Council that he would like to see the Council go ahead and apply for the golf course as well as the swimming pool in the grant to the Bureau of Outdoor Recreation. He felt that if they turned down the pool, it would be too bad if the City didn't have another project that they might approve. Councilman Peterson recommended that the pool be submitted as priority #1 if the golf course was applied for. It was decided that the golf course would be applied for as well as the swimming pool to the BOR. Mr. Bretzke said according to the recent community progress survey the five top capital projects for the City were: (1) water; (2) Mill Creek dam; (3) community center; (4) landfill; (5) another swimming pool. It was agreed that the Mayor would sign the applications for the grant. It was also moved and approved unanimousl that the Mayor would have a letter written setting priority #1 as the swimming pool and that the City would also assure them that the City was prepared to participate in their share of the financing of the two projects. The meeting adjourned at 6:45 p.m. ATTEST: CITY COUNCIL Minutes June 6, 1978 A regular meeting of the Moab City Council convened at 8:07 p.m. in the Council chambers. Present were Mayor Jacobs, Councilmen Wiseman, Peterson, Barker, Tomsic and McDougald. Also present were City Attorney Hank Ruggeri City Recorder Bretzke, Secretary Sandy Cresswell, and ten citizens. 375 golf course should be applied for too priorities set meeting adjourned regular meeting attendance Two paragraphs in the minutes of the regular meeting of minutes approved May 16, 1978 were changed and Councilman Wiseman moved that the minutes be approved as corrected. Councilman Barker seconded the motion and it was approved unanimous y. Councilman Wiseman moved that the minutes of the special meeting of May 30 be approved and that the Council follow the agenda for June 6 as written. Councilman Tomsic seconded the motion and it was approved unanimous"y. Mr. Fred Stoye was present for the public hearing concerning his request to rezone property from R=4 to C-5 for the purpose of construction and usage of a one story building to house mini self storage units and/or a 7-11 type neighborhood store. Councilman Wiseman moved that the Council concur with the recommendation of the Planninq Commission and grant the rezoning request. Councilman Barker seconded the motion and it was approved unanimously. The public hearing for a rezoning request of the Grand County School District was considered and a member of School District's that Board was present. They had requested that property rezoning request rezoning request of Fred Stoye 376 Town TV's rezoning request Woodring Auction's request for transien merchan'ts license AJ Coffman presents resolution concern- ing hanggliding tournament Development of Love - ridge Acres Class III beer license for Walker Drug mobile vendor vs. Tastee Freez located ,lust east of the courthouse be rezoned from R-3 to C-2. Councilman Tomsic moved that the Council accept the recommendation of the Planning Commission and grant the rezoning request. Councilman McDougald seconded the motion and it was approved unanimously. Employees of Town Television were present for their public hearing to consider their request to rezone property from R-3 to RA-1 for the purpose of erecting an earth station and a small building to house electronic equipment at the base of the receiving antenna. Councilman Tomsic moved that the Council accept the recommendation of the Planning Commission and grant the rezoning request. Councilman McDougald seconded the motion and it was approved unanimously. The Council considered the request of Gary Woodring, Davenport Nebraska, to obtain a transient merchant's license for Woodring Auction and Sales to have an auction of hand tools and the loke at the Ramada Inn from June 15 to June 19. Councilman Wiseman moved that the Council give Mr. Woodring approval of his request based on his meeting the obligations of the State and City regarding transient merchants. Councilman Tomsic seconded the motion. Councilmen Tomsic, Barker, Wiseman and McDougald voted 'yes.' Councilman Peterson voted 'no.' The motion carried. Attorney A. J. Coffman was present and presented a resolution to the Council and proposed that they adopt it. The resolution, if adopted, would make Moab City the sponsor of the World Invitational Hang Gliding Tournament to be held in September and would thus provide a tax exemption for the funds that will be obtained from said tournament. Also, a trust fund in the name of Moab City would be set up and the profits from the tournament would be put in this fund for the purpose of constructing, erecting or maintaining on an annual basis a civic center for the City of Moab. Councilmen Barker and Mr. Coffman answered questions from members of the Council. Councilman Peterson moved that the Council accept the resolution. Councilman Wiseman seconded it. Attorney Ruggeri was asked for his,opinion. He stated that the Council shouldn't pass this resolution until they ask the Attorney General the following questions: 1, can a municipal corporation of the State of Utah, such as Moab City, enter into an agreement for the express purpose of avoiding payment of taxes by a volunteer group? and 2. To what extent is Moab City exposing itself to personal injury actions or other financial obligations by adopting this resolution? It was mutually agreed that a letter would be written to the Attorney General and if these questions were answered to the satisfaction of the Council, they would then pass the resolution. Mr. Riggi, the developer of Loveridge Acres, and Mrs. Nunn, his realtor, were present. They asked permission of the Council to go ahead and pour four of the foundations to houses in the subdivision, even though the improvements haven't been made. They would do no further construction than that but there have been delays in getting the improvements in and their cement contractor has the time right now to pout the foundations. The improvements -- curb, gutter and sidewalk -- would be put in within the next two weeks or so. Councilman Wiseman moved that the Council approve the request and let them go ahead with the four foundations. Councilman Tomsic seconded the motion and it was approved unanimous' . Councilman Wiseman moved that the request for a Class III beer lieense for Walker Drug be approved. Councilman Barker seconded the motion and it was approved unanimously. It was also decided that the Council would try to get Mr. Walker in at the next Council meeting to discuss a possible solution to the trash and beer bottles and cans that x e thrown in his parking lot each evening. Mrs. Jody Hayes was present and complained that the mobile vendor who parks in front of the ball park selling concessions takes away most of her business at the Dairy Freeze and asked if something could be done to make the competition more fair. The matter was discussed and it was brought up that this decision had to be made one time before,two years ago. Councilman Wiseman moved that the City Attorney draft an amendment to the applicable City Ordinance to allow the regulation of mobile vendors in the interest of the safety and welfare of the community. Councilman Tomsic seconded the motion. Councilmen Tomsic and Wiseman voted for the motion and Councilmen Barker, Peterson and McDougald voted against the motion. The motion was defeated. Councilman Barker stated that she was going to take to the Recreation Board the proposal that bids be taken for someone to sell concessions inside of the City Park during ball games. Mr. Bretzke informed the Council that he told the lady who runs the mobile vending truck that she should find out from the former owner what regulations the former Council had set on h operation and thatshe too should follow them. Mayor Jacobs stated that he will find out who owns the true and then go and talk to her and see what she feels and then get back with Mrs. Hayes. Councilman McDougald inquired of Mayor Jacobs about the contamination of Spring #k3 and also if the City is prepared to hook up to the Corbin well. He was told that the contamination is being taken care of and that the City is prepared to hook up to the Corbin well. Also, the Mayor stated that there has been one new hire and one man has quit; the Street Department needs a couple more men. Councilman Tomsic inquired about the playground equipment and westtold,that it;is supposed to be installed on the 17th or 18th of this month. Councilman Tomsic asked if Mary Rees had been replaced and was informed that she has been. Councilman Tomsic stated that she hasn't noticed a check being made out for Paul Cox to receive his refund on the water and dewer connections as the Council had previously voted. Mayor Jacobs stated that the check is ready and if he comes to pick it up, he can get it. Councilman Barker informed the Council that she had taken it upon herself to set up a forum through the League of Cities and Towns on Tuesday, June 27 at 7:00 p.m. in Star Hall. There would be a distinguish panel present to help inform the public about local g ernment, their options, and about the powere and duties of Utah's municipal government. She requested that the City Council sponsor the forum and that they arrange to pay the expenses for one nightts lodging and travel for the panel members. Councilman Wiseman moved that the request be approved aid that Councilman Barker be commended for her initiative in this regard. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Barker referred to a recent letter the Council received from the Utah Department of Trans- portation concerning the Council's recent requests to see if a stop light could be installed on 3rd Sout-h and Main and also if the speed limit on the north end of Main Street could be raised at least 10 mph. She stated that the letter referred to the signal light request but not the changing of the speed limit. Mr. Bretzke informed her that the original letter to the UDOT did mention both items and they were going to investigate both requests. Councilman Barker brought up the subject of ownership of t Visitor's Center. She stated that the accountant is having problems determining the ownership of the property. Councilman McDougald felt that the land belongs to the Cit Mayor Jacobs said he would look into the matter further and see if the bank might have some record. , Councilman McDougald brought up the subject of the caterpillar spraying and he said that the County Commissio plan to buy a spraying machine for a helicopter for the spraying and that they plan to go for a larger caterpillar abatement program next year. Mayor Jacobs stated that next year the City will have its own spraying program and that the County can have theirs because all the complaints 377 r ope water problems playground equip- ment Mary Rees Replaced Paul Cox should have been repaid forW/S connections meeting on forms of gov't to be set d v- UDOTlletter ownership of the Visitor's Center caterpillar spraying rs 378 Audit of books clean up of Walker Drug parking lot clean up of town Brig Larson's sidewalk crosswalk should be put in City Manager interviewing Arches Subdivision Old city park Dalton came in W/S Connection.fees were from the County this year. Members of the Council expressed their agreement. Councilman Tomsic asked if the -audit had been received yet. Mr. Bretzke informed the Council that Mr. Auger said it would be ready this Friday. Councilman Wiseman requested that Mr. Walker of Walker Drug be presented with a letter asking him to be present at Council meeting to see if something could be done about the mess in Walker Drug parking lot as he had previously said he would. Mayor Jacobs said that he would call Mr. Walker and see if he can't get him to come in. Councilman Wiseman brought up the condition that exists on 3rd East with the trailer, bikes, etc. on City property. Nothing has been done and no action has been taken by the Council as the owner was told would happen. Mayor Jacobs stated that the City crews will go up there and tell them to move the trailer because they need to mow the weeds. Councilman Wiseman stated that he feels that people should be more responsible and if the City threatens to do something, they should do it. Mayor Jacobs stated that he is having problems getting Brig Larson to let the City put a sidewalk across his property. The people in that are gave the City an easement and the City will:have to work with them on putting them in. The Irish's said that it's alright in front of their property but they can't get permission from Mr. Larson. The Mayor will work with them. Mr. A.J. Coffman was present and stated that he felt that a crosswalk should be upt in in the middle of the block to cross to Circle K from Irish's property. Mayor Jacobs stated that he will get permission from the owners of the parking lot to put a crosswalk in the middle of the block. They will put in a walkway and then the crosswalk. Councilman Wiseman brought up the subject of having a meeting to consider the applications for City Manager. The meeting was set up for Friday, June 9, 1978 at 1:30 p.m. in the Council Chambers. Mr. Bretzke had a personal request for the Council. He is presently developing Arches Subdivision and wants to remove one lot out of his property and sell it as an ' individual lot and then have the rest of the property as a subdivision. The subject of the water he is using on'hi`s"land was also discussed and he stated that he is using City water and would like to have commercial rates on it. It was decided that he should get commercial rates but he should have to pay monthly for it. Councilman Barker moved that the Council not make a decision on Mr. Bretzke's request to exclude one lot from the subdivision until Mr. Bretzke has reappeared to the Planning Commission. Councilman McDougald seconded the motion. Councilman Tomsic voted against the motion and Councilmen Peterson, McDougald, Wiseman and Barker voted for the motion. The motion carried. Mayor Jacobs brought up the old city park and that some complaints have been coming thatpeople are being run out of the park for playing ball and sliding on the grass and that Mrs. Edwards has been locking the gate. Different possibilities for a ball diamond were discussed. It was decided that Mayer!Jedobs would see: -then{ the vialk-tHroujh gate is open and then will come up with a proposal for a solution to the ball playing area and will report back to the Council. Chief of Police Dalton came into the meeting at this point. Mayor Jacobs brought -up the subject of the decision of the Council to refund developers' water grid sewer connection fees if they had preliminary approval before'August,_1977 and not to charge any future developers' water and sewer -connection fees if they had preliminary approval before that date as well. He stated that the City stands to lose approximately $25,000 if the Council goes through with their decision. Councilman McDougald requested a legal opinion on the matter as to who can be charged what. Councilman Barker asked that,this be_an agenda item at the next Council -meeting. 379 Councilman Tomsic moved that the bills be approved as bills approved presented and paid " Councilman McDougald seconded the motion and it was approved unanimously. Counselor Hank-Ruggeri's resignation was discussed. Mr. Hang Ruggeri resigna- A.J. Coffman was 'present anti presented his proposals for tion being the new City Attorney. He stated that he alone would be under the contract but that his wife or maybe the Coun y Attorney would help with the prosecution of the criminal cases for no more charge to the City and that he would handle the other parts of the City's legal problems. No decision was made on the hiring of a new City Attorney at this time. The meeting ATTEST David J. Br M Gl G� V adjourned at 10:50 p.m. A d Cityecorder CITY COUNCIL Minutes June 20, 1978 ayor adjournment A meeting of the Moab City Council was called to order regular meeting at 8:02 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Wiseman, Barker To sic and McDougald. Also present were City Recorder Bretzke, Secretary Sandy Cresswell and approximately 15 citizens. attendance Councilman Wiseman moved that the minutes of the regular minutes approved meeting of June 6 be approved. Councilman Barker seconded the motion and it was approved unanimously. The public hearing for considering adjustments in the budget for fiscal year July 1, 1977 to June 30, 1978 was held. Mr. Bretzke read the Council the proposed Resolution #3-78 which sets forthe the adjustments as follows: Increases of $3,000 in the Administration Department and $1,000 in the Swimming Pool which were offset by a $4,000 decrease in the Sanitation Department This would mean no change in the overall amount of the budget. Councilman Tomsic moved that the Council adopt Resolution #3-78, Councilman Wiseman seconded the motion and it was approved unanimously. amendments to budget for 7-1-77 to 6-30-78 RESOLUTION NO. 3-78 Resolution #3-78 WHEREAS, the Mayor and City Council of the City of Moab held a public hearing at a regular Council meeting on June 20, 1978 for the purpose of amending the budget for the fiscal year commencing on July 1, 1977 and ending June 30, 1978; and WHEREAS, upon explanation of the proposed amended budget revised to show adjustments within some departments but to show no change in the overall amount of the budget, the Moab City Council unanimously adopted the proposed amended budget as presented. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held June 20, 1978, be, and the same are, hereby ordered to show the adoption of the amended budget for the fiscal year ending June 30, 1978 as presented to the Mayor and City Council. Passed this 20th day of June, 1978. /s/ Harold Jacobs, Mayor ATTEST: David J. Bretzke, City Recorder R 8 0 public hears for proposed use of Federal Revenue Sharina monies Citizens concerned about monies being spent at golf course Commended for improving Mill Creek Dr. Citizen concerned about new swim pool. ig The public hearing was held for the Proposed Use of Expenditures of Federal Revenue Sharing Funds for entitle- ment Periods 9 and 10. Mr. Bretzke stated that the money that l s not spent the prior year is carried forward into the next year. Revenue from General Revenue Sharing grants this year is estimated to tie $106,066,' plus $5,000 interest, plus a carry over of $153,854, or a total of $264,920. Mr. Bretzke listed the Proposed uses for the money as follows - Administrative New typewriter for Treasurer's Office $ 774.00 New calculator for Recorder's Office 200.00 Two Steno chairs for Treasurer's Office 130.00 $ 1,104.00 Judicial New typewriter less trade of $150 or sell outright for $300 $ 774.00 $ 474.00 Police New police car $5,670.38 Radar 800.00 2 pistols 400.00 Replacement of 3 radios 3,165.00 $10,035.00 Golf Course Equipment Purchase Tractor Back up Pump for Irrigation System $2,500.00 3,000.00 $ 5,500.00 Water -Sewer Building Improvements: Concrete Pads and Buildings for 5 wells $15,000.00 Wash Rack - 2,000, 2 to Streets 1,000.00 Storage Building - 15,000, i to Streets 7,500.00 Truck and Auto: New Dump Truck and Dump bed 15,000.00 Water Meters 4,000.00 Water Tank Improvements 5,000.00 Water Line: Premise Regulatory Valves Telemeterinq Equipment 20,000.00 Sewer: 201 Study 7,000.00 $74,500.00 Streets Building Improvements Wash Rack Storage Building Mill Creed Road Improvement Curb and Gutter 2,000' X 750' Sidewalk 2,000 X 4' X $1.50 Cover irrigation ditch 3.53' X 425' $ 1,000.00 7,500.00 $ 8,500.00 $15,000.00 12,000.00 1,500.00 $28,500.00 TOTAL AVAILABLE $264,920.00 LESS REQUESTS 208,613.00 TOTAL $208,613.00 BALANCE AVAILABLE; 56,307,00 Citizens present expressed their concern about the amount of money being spent at the golf course and were informed that the golf course is owned by the City but is operated by a non-profit board. Also, many cities do this same kind of thing in operating recreational activities. Mrs. Nora Eubanks commended the Council for deciding to Join with the County in improving Mill Creek Drive. Mr. Jim Black asked if the money had to be spent immediately and for the items proposed. He was instructed that it has to be spent within two years and that these items are just proposals for the use of it. Mr. Black also expressed concern for the fact that money is being set aside for a new swimming pool when it could be considered a luxury and the present swimming pool operates at a deficit. The Mayor informed him that if water, for example, were needed, the money would be taken from the pool and would be spent for items which the City needs. 381 C*J d' M Q U U Having no additional comments, Councilman Barker moved that the Council accept the proposed use of Revenue Sharing Funds for this fiscal year as outlined. Council- man McDougald seconded the motion and it was approved unanimously. Mr. Al Berna was present and requested that he be allowed to start construction of some homes in his subdivision. He stated that the man who is going to pave his streets is stalling and he needs to get some houses started. And he can't sell a home until it is completed, so no one will move into the homes until after they have fully complied with the subdivision requirements. All he is lacking are the streets and sidewalks. Councilman Tomsic moved that the Council grant Mr. Berna's request. Councilman McDougald seconded the motion and it was approved unani- mously. Miss Debbie Edwards, the owner of the mobile vending machine that operates in front of the ball park during games, came before the Council. She had been called in because of complaints by the Dairy Freeze of unfair competition. Councilman Barker moved that Miss Edwards go before the Recreation Board and request that she be allowed to move her concessions inside the park. Council- man Wiseman seconded the motion and it was a��r_ove�d unanimously. She asked what she should do in th6 mean- time and was told that since she had a valid business license, she should continue to operate under it. Mr. Bretzke read the bids which had been opened for the Safer Off -System Road program for posts and signs to replace all regulatory signs in the City. They were as follows: NAME OF COMPANY Interwest Safety Supply Co. 460 East 1130 South (Box 31) Provo, Utah 84601 Newman Signs, Inc. Box 1726, Business Loop West Jamestown, North Dakota 58401 Western Sign Corp. Box 2669 Great Falls, MT 59403 Safety Engineering & Supply Co 401 South Hayden Tempe, Arizona 85281 Warren Thomas Utah State Prison Councilman Wiseman moved that bids as follows: Interwest Safety Supply Co. Newman Signs, Inc. Western Sign Corporation Steel Wood Total POSTS SIGNS $3,331.24 $3,215.83 516.60 $3,847.84 No Bid $2,604.28 Steel $1,423.80 No Bid . Steel $2,429.50 Wood 588.76 $3,055.90 Total $3,018.26 NO Bid $3,295.48 the Council accept the low Wood Posts Signs - Steel Posts $ 516.60 2,604.28 1,423.80 TOTAL $4,544.68 Councilman McDougald seconded the motion and it was approved unanimously. Mr. Bretzke gave a report of the recent Planning Comm. meeting on June 9, 1978. He stated that Virginia Johnson's request for rezoning her propoerty on 4th North and 5th West from R-2 to G-2 was tabled by the Planning Commission until she comes to the Commission with a more exact proposal for the use of the property. Mr. Bretzke also reported on the meeting of the Planning Commission having to do with Arches Subdivision. A discussion was held and Mr. Bretzke withdrew his former request for permission to exclude one lot from his subdivision. Council voted to adopt proposed use of monies. Al Berna's request to begin homes in his subdivision. Mobile vendor came before Council. Bids opened for all new regulatory signs. Report on 6-9-78 Planning Commission meeting. Hang Gliding Resolu- tion discussed and presented by Coffman. Moab Museum request. Tomsic leaves meeting. Bills approved. Bud Walker's Subdivi= sion, Addition #2. W/S connection fees discussion, - City Manager forum announced. Cleaning up of City discussed. Committee on keeping of small stock. Messy yard on 3rd E. During the discussion it was noted by Councilman Wiseman that the minutes of the Planning Commission as submitted to the City Council were false as one member listed as present at the meeting was not present, but was contacted later on the matters that were brought before the Council. Mr. A. J. Coffman was present and discussed further with the Council his proposed resolution concerning the Moab World Invitational Hang Gliding Meet. He stated that the Council would be covered as far as the liability issue is concerned, but the question of the tax shelter is a more touchy question. Councilman Barker moved that the Council meet on June 22 at 1:00 p.m. to discuss all facets of the hang glider proposal as related to the City. Councilman Wiseman seconded the motion and it was approved unanimously. A citizen representing the Moab Museum was present and asked if the museum had been included in the budget. She was informed that it was in the General Fund Budget. She further stated that the museum can make use of any funds the Council sees fit to give them. Councilman Tomsic left the meeting at this point due to illness. Councilman McDougald stated that the bills are in order and moved that they be approved and paid. Councilman Barker seconded the motion and it mas approved unanimously. Councilman McDougald brought up the subject of Bud Walker's three lots he is developing and moved that he be allowed to progress on his subdivision. He doesn't feel that Mr. Walker should be held up any longer because he had already put in the improvements requested by the Council. Mayor Jacobs stated that he has inspected the site and feels that the dam would adequately divert any flood waters that may move towards Mr. Walker's property in the future. It was decided that this matter would be discussed further and an on -site inspection made at the same meeting concerning the hang gliding. Councilman McDougald expressed concern about the water and sewer connection fees which have been under considerable discussion lately by the Council. He felt that the Council is in trouble and the matter should be straightened out. Mayor Jacobs stated that he will get all the paperwork together and give it to the attorney with copies to the City Council to look over. Councilman Barker again announced the forum which has been set up for Tuesday, June 27, 1978 at 7:00 p.m. to inform the public on the alternative forms of government available to a Third Class city and also to discuss the ordinance creating the position of City Manager. The meeting is set for the Council Chambers but if there is an overflow crowd, it will transfer to Star Hall. she also requested that the City's legal counsel attend and Mr. Coffman said he would be able to be there. Councilman Wiseman stated that there is getting to be a lot of Junk gathering around homes on 1st West on the east side of the street. He also expressed concern that there are cars all over town that are parking the wrong direction on the City streets and would like to see them cleaned up and the ordinance enforced that governs the parking of cars. Different possibilities for enforcing the ordinances on these two problems were discussed and Mr. Coffman instructed the Council on the means that are available. All Councilmen present were in favor of enforcing these ordinances, the parking and the cleaning up, throughout the city. Councilman Wiseman requested that the committee that Dave May suggested concerning the keeping of small stock a while back be set up. Mayor Jacobs stated that he is working on it. Councilman Wiseman again brought up the subject of the messy yard on 3rd East and stated that this person is still in violation. He moved that the Counci r request the City Attorney to take legal action to require this Indivi- dual to comply with the City Code. Councilman McDougald seconded the motion and it was approved unanimously. 383 Mr. Bretzke informed the Council that two restuarants the Mi Vida and the Ramada Inn, are in the process of obtaining mini bottle liquor licenses and would like the sanction of the City Council by getting a form letter from the State Liquor Commission signed. Councilman Barker moved that the letter be signed. Councilman McDougald seconded the motion and it was approved unanimously. Mr. Bretzke requested a two step increase for Sandy Cresswell after her having served the six month probationary period. Councilman Wiseman moved that she be given the two step increase. Councilman Barker seconded the motion and it was approved unanimously. Mayor Jacobs brought up the subject of the City dump and stated that at the end of last month, the program for the employees at the dump was over and that he and Garth Tangreen had gone over a proposal for the future running of the dump. It would cost approximately $1200 in wages per month plus the cost of gas and oil for the equipment. The gas and oil would be procured from the City so as to save some money. Any major repairs would be done by the City or the County on the equipment. Also, the County has agreed to split the costs in half with the City. And, if the City can get another Man- power employee they could furnish one employee and Mr. Tangreen would need to hire two more. Manpower money is presently available until September and then hopefully after that it can be obtained for another year. Mayor Jacobs stated that the committee would also be se to organize a district for the handling of solid waste. Councilman McDougald stated that he felt that this need to be done by a district. Mayor Jacobs stated that he has told Mr. Tangreen that he can use the old Ford dump truck and backhoe that is used at the sewer plant on weekends. This would save him having to buy this equipment. Mayor Jacobs also suggested that there be a minimum cha of $8.00 set up for big trucks hauling large loads of trash. The material some trucks have been bringing up has caused a lot of problems in handling. This was discussed and Mr. Coffman recommended that an ordinance be set up to set rates if they are going to be set. Mayor Jacobs stated that the fees would be turned into the City and that they would be left to the discretion of Mr. Tangreen. Councilman McDougald voiced some objection to charging fees for dumping garbage at the dump. Members of the Council brought up that the County shoul have more to do with the dump and that since most everyone in the valley uses the dump, the County should participate more fully in it than just paying half of the bills. It was suggested that maybe the dump should be closed to people who live outside the City limites and this would force the Commission to take some action Councilman Wiseman suggested that a meeting be set up with the members of the County Commission and the City Council and hash the matter of the dump out once and for all. Mayor Jacobs stated that he would set up a meeting. Mr. Bretzke stated that the Corp of Engineers contacted him today and they are going to re -bid the emergency bank protection; bids will beNopened July 14. The meeting adjourned at 10:07 p.m. Requests by Ramada and Mi Vida for signature to help obtain mini bottle licenses. Two step increase for Sandy Cresswell. City dump discussed. Committee to organize district to be set up. ge Members felt that County should be involved more in the dump. Meeting set with Commission to discuss City dump. Corp of Eng. to re -bid for flood control. Meeting adjourned. (Signatures on following page) 384 special meeting attendance Mobile vendor discussed. Hang Gliding Resolutio discussed. Determination of mill levy. Auger to be told to submit audit. ayor ATTEST: / David J. tzke, Ci y Recorder CITY COUNCIL Special Meeting June 22, 1978 A special meeting of the Moab City Council was called to order at 1'15 p.m. in the jury room. Present were Mayor Jacobs, Councilmen Barker, Tomsic, and McDougald. Also present was City Attorney Ruggeri, A.J. Coffman, City Administrator Bretzke, Connie Caouette and Sandy Cresswell. The matter of the mobile vending truck was discussed and Councilman Barker requested it to be shown to her and the members of the Council either from the Code or elsewhere that this business can or cannot be conducted in an R-3 zone. Attorney Ruggeri was of theopinion that she had a valid business license and was authorized to conduct her business under it but also that the Council could revoke this license if they wish. The Moab World Invitational Hang Gliding Meet was discussed. A. J. Coffman and Mr. Caouette answered questions of members of the Council. Mr. Coffman explained that all hang gliders will be insured and will also be required to sign waivers. He further explained that the resolution could be reworded so as to protect the City against any liability that may arise from the event. Also, if the IRS did come to the City later concerning the tax liability there might be, the money would be available in the trust fund under the City's name to pay the taxes. Mr. Coffman stated that he would rewrite the resolution to cover these liabilities. Councilman Barker moved that the City Council adopt the resolution concerning the sponsorship of the Moab World Invitational Hang Gliding meet as amended, if the amendments meet with the satisfaction of the Council. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Tomsic asked about determining the mill levy. It was decided that the Council would discuss this matter after the interviews of candidates for City Manager on June 29, 1978. Councilman Barker moved that Mr. Bretzke write a letter to Mr. Ron Auger and insist that he deliver the final audit by Monday, June 26. Councilman Tomsic seconded the motion and it was approved unanimously. The meeting adjourned. ATTEST: d Jaco IriF' or CITY COUNCIL 385 M d" M = U V Special Meeting June 27, 1978 A special meeting of the Moab City Council was called to special meeting order at 6:45 p.m. in the Recorder's Office. Present were Mayor Jacobs, Councilmen Wiseman, Peterson, Barker, McDougald and Tomsic. Also present was Mr. A. J. Coffma attendance. After discussion Councilman McDougald moved that the Council adopt the resolution on the Moab World Invita- tional Hang Gliding Meet. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman McDougald moved that the meeting adjourn. Councilman Peterson seconded the motion.and the meeting adjournment. adjourned at 7:00 p.m. s, Mayor ATTEST: David J. Bretzke, City Recorder CITY COUNCIL Budget Hearing June 30, 1978 A meeting of the City Council was called to order at budget hearing 8:08 p.m. in the Council Chambers. Present were Mayor Jacobs, Councilmen Tomsic, Peterson, Barker and McDougal Also present were City Attorney Hank Ruggeri, City Recorder Bretzke, City Auditor E. J. Claus, and Sandy attendance Cresswell. There were also seven citizens present. Mayor Jacobs presented Attorney Ruggeri with a pen and Attorney presented pencil set for his 19 years of service to the City. with gift upon Mr. Ruggeri gave his thanks to the members of the.Counci resignation. and stated that he has considered it an honor to serve the City of Moab in the capacity of City Attorney. Mr. E. J. Claus handed out a summary of the proposed Claus explained 1978-79 fiscal year budget to the Council and those budget. present. He briefly explained the summary and stated that the entire budget was also available if anyone wanted to see it. He answered questions from the audience and further explained the budget. Having no objections, Councilman Barker moved that the Council accept Resolution $5-78 which shows the adoption of the budget commencing July 1, 1978 and ending June 30, 1979, as presented to the Mayor and City Council. Councilman Tomsic seconded the motion and it was approved unanimous Resolution No. 5-78 WHEREAS, the Mayor and City Council of the City of Moab Resolution 5-78. held a public hearing at a special Council meeting on June 30, 1978 for the purpose of adoption of the budget for the fiscal year July 1, 1978 to June 30, 1979; and WHEREAS, upon explanation of the proposed budget by David J. Bretzke, City Recorder and E. J. Claus, City Auditor, the Moab City Council unanimously adopted the proposed budget as presented. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held June 30, 1978, be, and the same are hereby ordered to show the adoption of the budget commencing July 1, 1978 and ending June 30, 1979, as presented to the Mayor and City Council. Passed this 30th day of June, 1978. ATTEST: /s/ Harold Jacobs, Mayor /s/ payed J. Dretzke, City Recorder 386 Councilman McDougald suggested that a letter be written to Mr. Ruggeri thanking him for his 19 years of service to the City. Aldine J. Coffman, Jr. appointed new City Attorney. bills approved hiring of policemen BLM will help City with park supplies. New police car paid for. First Council of July set. Adjournment. Mayor Jacobs recommended that A.J. Coffman be appointed as the new City Attorney. Councilman Barker moved that he be so appointed. Councilman McDougald seconded the motion and it was approved unanimously. Councilman Tomsic moved that the bills be paid as presented. Councilman Barker seconded the motion and it was approved unanimously. The possibility of hiring two policemen instead of one was brought up by Mayor Jacobs and discussed by the Council. Mayor Jacobs stated that a representative of BLM came in to see him and that they will be furnishing three young men to help weed different places in town between the curbs and sidewalks. Also, they will order some new sprinkler heads for the park and also put in two tables on the east side of the park. Mr. Bretzke stated that the new police car is in at Mahoney Chevrolet and is just about ready to be picked up. Councilman Peterson moved that the Council pay for the police car out of the 1978-79 year's budget. Councilman Tomsic seconded the motion and it was approved unanimously. meetingIt was decided that the first Council meeting of the month will be held on Monday, July 10; 1978 at 8:00 p.m. It was also decided that discussion concerning the hiring of a City Manager will take place on Monday, July 3, 1978 at 3:00 p.m. to be Regular meeting. Minutes approved. The meeting adjourned. are bs, .yor ATTEST: avid J. Bree, City 'corder CITY COUNCIL Minutes July 10, 1978 A meeting of the City Council was called to order at 8:05 p.m. in the Council Chambers. Present were Mayor Jacobs, Councilmen Barker, Tomsic, Wiseman, Peterson and McDougald. Also present were City Recorder Bretzke, City Engineer KEogh, City Attorney Coffman, City Inspector Brundage, Sandy Cresswell and eight citizens. The minutes of the regular Council meeting of June 20th Were tabled until the members of the Council had further time to review them. :ouncilman McDougald moved that the minutes of the special Council meeting of June 22nd be approved. Councilman Barker seconded the motion and it was approved unanimously. Councilman Wiseman moved that the minutes of the special meting of June 27 be approved. Councilman Barker seconded the motion and it was approved unanimously. The minutes of the June 28, 1978 were not approved due to the fact that the meeting was not an official meeting of the Council but was just a get-together with the County Commission. The minutes of the June 30, 1978 meeting were corrected and Councilman Barker moved that they be approved as corrected. Councilman McDougald seconded the motion and it was approved inanimously. cc 'J� The approval of the final plat of Walker Subdivision Final plat of3 8 Addition #2 was discussed. The Council discussed the Walker Subdivision, dam which Mr. Bud Walker had installed above these three Adsition #2 approved. lots. City Engineer Keogh stated that he felt that the dam would adequately divert any flood waters that may run toward the three lots and that the water would flow down the street. He felt that it was safe to approved the final plat on this subdivision. Councilman Wiseman moved that the Council approve the final plat. Councilman Barker seconded the motion. Councilmen Wiseman, Barker, McDougald and Peterson voted for the motion and Councilman Tomsic voted against it. She was opposed because of her concern for Tusher and Walker Streets if the waters diverted down them. The motion carried. The request from Mr. James Riggi to allow two additional foundation permits for Loveridge Acres Subdivision was postponed until the next Council meeting. Keith Brewer, Chairman of the Board of Adjustment Board of Adjustment came before the Council and referred a recent Board of case considered. Adjustment case to the Council. He stated that Mr. (Tibbitts) Brundage had turned down a building permit application o Steve and Diane Tibbitts because the lot did not front a major street. And ,he felt that the Board of Adjustme t M did not have the authority to rule on this case because da it was not adequately covered in the City Code. Mr. and 00 Mrs. Tibbitts and their father who is selling them the lot were present and stated that they would have an access road that would be gravelled and would lead down U to the house. Mr. Tibbitts, the present owner of the property, stated that he would agree to deed a 20' driveway easement to his son and daughter-in-law along with the property that the house will be built on. Councilman McDougald moved that the variance to build this house be granted as long as the 20' easement is included in the deed. The motion was amended to state that in the event the property is sold it would have to e subdivided and subject to subdivision ordinances. Councilman Wiseman seconded the motion and it was approved unanimously. Mr. Brewer then asked if some guidelines could be set for this particular kind of case so that the Board would know how to act in the future. Attorney Coffman stated that he will try to draft up something to cover this particular situation in the future. Larry Brundage, Building Inspector, came before the Inspector Brundage Council and showed the members of the Council pictures and nuisance and of obstructions that private property owners along Main obstruction ordinances Street have placed in the sidewalk rights -of -way. Attor ey Coffman informed the Council that the private property owners have the right to come to the Council and request permission to encroach on the right-of-way and the Council can then vote whether to allow the encroachment. Mr. Coffman stated that the City Code should be amended to state that a specific length of time is given violators to remedy the situations so this loophole cannot be used by offenders in the future. He was instructed.to draft something to that effect. It was mutually agreed that Mr. Brundage would write a Property owners who letter to the property owners who are presently obstruct Main Street obstructing the right-of-way on Main Street and inform to be sent letters. them that they have ten days to rectify the matter and that they also have the right to ccme before the Council and request permission to do what they're doing. Mr. Brundage stated that he will proceed to do so. It was discussed that the City should stripe areas in parking lots so that cars would not park so close that they cover part of the designated sidewalk areas. The Mayor suggested signs warning drivers not to park in the striped areas and possibly installing concrete bumper curbs. The Council members stated that they were in favor of proceeding with this project and also recommending that property owners put in bumpers as well as the striping. Sidewalks in parking lots to be striped. Hii Ading resolu- tion adopted. RESOLUTION NO. 4-78 The revised hang gliding resolution was discussed. Copies of it had previously been distributed to the Council. It was stated by Attorney Coffman that if the insurance covering the Council is not purchased, the resolution will be void. He further stated that Allen Insurance has contacted Lloyds of London to purchase this insurance and the committee was estimating a cost of $1,000 to $1,500 for the insurance, which will be paid by the committee. Councilman McDougald moved that the Council adopt the hang gliding Ordinance #4-78. Councilman Peterson seconded the motion and it was approved unanimously. RESOLUTION NO. 4-78 WHEREAS, THE City of Moab has designated as a principal project the development and construction of a civic center, and, WHEREAS, a committee of citizens under the Community Development Board of the Chamber of Commerce of the City of Moab has begun the program and development of a Moab World Invitational Hang Gliding Tournament to be held at Moab in September 1978, and WHEREAS, it is the purpose of the committee in arranging and promoting said tournament, to donate all funds generated thereby in excess of the cost of such a promotion, as contributing funds or continuing support funds, for a civic center, and WHEREAS, the committee of citizens aforesaid has petitioned the City for its support through the formal sponsorship of the First Annual Moab World Invitational Hang Gliding Tournament, and WHEREAS, subject to the terms and conditions as hereinafter set forth, the City is willing to sponsor the First Annual Moab World Invitational Hang Gliding Tournament, to be held as aforesaid, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Moab does establish a committee to be hereinafter designated as the Moab World Invitational Hang Gliding Tournament Committee and does empower said committee with the following authority, subject however to the following limitations: 1. The Committee shall have the responsibility to promote, develop and sponsor for the year 1978, a Moab World Invitational Hang Gliding Tournament, to be termed the First Annual Moab World Invitational Hang Gliding Tournament, and in the developing promoting and sponsoring of said Tournament, theCommittee shall be mindful of the possibility that this event may be continued on an annual basis. 2. The Committee shall receive no funds or financial assistance from the City of Moab, nor shall the use of the City's equipment and personnel be obligated, but the Committee shall be solely responsible for the payment of all its obligations, from such funds as it itself may generate through entrance fees, admission charges, sponsorship donations, sales and concessions, and such other activities as the Committee should deem desirable. 3. Before conducting the event known as the Tournament proper, the Committee shall cause to be issued a liability insurance policy in the amount of One Million Dollars ($1,000,000.00) minimum coverage, naming the City of Moab, Mayor and Councilmen of the City of Moab, the members of the Committee hereby ordained, and such other parties as may be from time to time required to be insureds, as the Committee shall deem advisable. 4. All proceeds realized by the Committee from its efforts, in excess of those costs incurred by the Committee in conducting the event, shall be payable to a trust or endowment fund established as part of the City budget, but limited irrevocably to the purpose of constructing, erecting, or maintaining a civic and community center for the City of Moab. The City of Moab reserves unto itself the right, prior to the creation of said trust or endowment, to approve the creation terms and conditions of said fund. 5. The following persons shall be named as the Moab World Invitational Hang Gliding Tournament Committee to serve from their appointment until the first day of November, 1978, and thereafter at the pleasure of the City Council, until their successors are appointed. Dixie L. Barker Connie Caouette Aldine J. Coffman, Jr. Ken Curtis Don Davis Paul Mayberry Ralph Miller, Jr. Gordon Tapam Randal Taylor Sam Taylor The Committee shall select from its number one to serve as its Chairman and three to serve as its finance committee. Further, the Committee once organized may increase or diminish its membership subject only to the report of such changes of membership to the City Council for approval or disapproval at its next regular meeting. ATTEST: /s/ David J. Bretzke, /s/ Harold Jacobs, Clerk Mayor M MThe foregoing resolution was adopted at the regular c� meeting of the City Council of the City of Moab on the U 10th day of July, 1978. U ATTEST: /s/ David J. Bretzke, /s/ Harold Jacobs, Clerk Mayor 389 Ordinance N6-77, Amended, was handed out to members of Ordinance N6-77 the Council and Councilman Barker told the people proposed amendments present that they could obtain a copy of It if they would like. Councilman Barker explained the amendments to the Ordinance including the changing of the title, the addition of the Mayor to all places where the Ordinance refers to the City Council, and numerous other changes. Members of the audience voiced their opinions on the ordinance. Councilman Wiseman moved that the ordinance as amended be approved. Councilman McDougald seconded the motion. Councilman Barker asked Mayor Jacobs if he was in favor of the ordinance as presently amended and the Mayor stated that he could "live with it" but that he was never in favor of a City Manager. Jim Black suggested and Councilman Peterson moved that the ordinance be further amended to show that the Administrator -Recorder would be appointed by,the Mayor with the advice and consent of the Council. Councilman McDougald seconded the motion. Councilmen Peterson, and McDougald voted for the motion. Councilman Barker, Wiseman and Tomsic voted against the motion and the motion was defeated. Councilman Peterson moved that the amended ordinance be further amended on page 3, Ordinance amended Section D by striking the words 'this section' and further. adding the words 'the Personnel Policies and Procedures Manual'. He further moved that it be amended on the la t page, Section B to add that the Recorder should be appointed by the Mayor AND the City Council. Councilma McDougald seconded the motion and it was approved unanimously. A vote was called on Councilman Wiseman' original motion and Councilman McDougald's second to approve Ordinance N6-77 as amended and the motion was approved unanimously. Mr. Bretzke will set up the public hearing on the proposed Ordinance. City Engineer Keogh came before the Council and stated State Engineer asked that the State Engineer, Mark Page, was in Moab about small well recently making water policies for the Valley and wante permits. the Council to tell him if the permitting of small irrigation wells would conflict with the City's busines of selling water. The permits have been issued in the past for .015 second feet wells to be used to irrigate 390 yards. Mayor Jacobs stated that if the wells were drilled it would actually be a relief to the City and members of the Council stated that they were in favor of the issuance of small well permits. John Keogh requested that a letter be written to this effect. Councilman Wiseman moved that the State Engineer be written a letter and informed that the City is in favor of all requests for small irrigation wells being automatically approved if they are not in excess of .015 second feet. Councilman McDougald seconded the motion and it was approved unanimously. Keogh to be out of Engineer Keogh informed the Council that he will be out of town for two weeks. town for the next two weeks but that there will be someone in his office who should be able to help anyone who needs it. C. Barker to bring Councilman Barker asked whether the Council was still in favor up employee raises at of her bringing up the subject of employees getting a set Utah League meeting. amount of money for cost -of -living raises as opposed to percentage cost -of -living raises at the next meeting of the Utah League of Cities and Towns. Discussion took place and Councilman Barker stated that she would do so. Bills approved. Councilman Tomsic moved that the bills be approved and paid. Councilman Wiseman seconded the motion and it was approved unanimously. adjournment. The meeting adjourned at 10:40 p.m. and the Council reconvened in Executive Session in the Mayor's Office. Regular meeting Attendance. ATTEST: e David J. B zke, City .:' corder CITY COUNCIL Minutes July 18, 1978 A regular meeting of the City Council was called to order at 8:00 p.m. in the Council Chambers. Present were Mayor Jacobs, Councilmen Tomsic, Wiseman, McDougald and Barker, City Attorney Coffman, Police Chief Mel Dalton, City Recorder Bretzke, Secretary Sandy Cresswell, three gentlemen from the SEUAOG and six citizens. Minutes approved. Councilman Tomsic added to the minutes of July 10, paragraph seven of the first page, the following reason as to why she voted against the motion. She was opposed because of her concern for Tusher and Walker Streetsif the water diverted down the road. Councilman Wiseman amended the same minutes to add on page 3 of the minutes, paragraph 2 that the wells be approved if they are not in excess of .015 second feet. Councilman Tomsic moved that the minutes ofJuly 10, 1978 be approved as corrected. Councilman McDougald seconded the motion and it was approved unanimously. Minutes corrected and Councilman Wiseman amended the minutes of June 20, 1978 on the last approved. paragraph of page 3 to show that the recent Planning Commission meeting took place on June 9, 1978. He also added to the same paragraph on the following page the following," . discussion in which it was noted by Councilman Wiseman that the minutes of the Planning Commission as submitted to the City Council were false Os one member listed as present at the meeting was not present but was contacted later on the matters that were brought before the Commission." Councilman McDougald amended the same minutes on page Pour to show in paragraph four that Councilman Tomsic left the meeting "due to illness". Councilman Barker moved that the m Tr M V U minutes be approved as corrected. Councilman Tomsic seconded the motion and it was approved unanimously. The three gentlemen from the SEUAOG were introduced to the Council. They were: Gary Tomsic, who is the new Director of the Association of Governments in Price; Keith Burnett, who is the Economic Development Planner and Program Manager for Community Assistance; and Greg Beckstrom, who is the new southern Planner and will be working in Grand and San Juan Countis. Mr. Tomsic enumerated Mr. Beckstrom's qualifications and experienc and stated that he will have an office downstairs in the courthouse. The gentlemen left the meeting at this point. Mrs. Norma Nunn representing James Riggi, the developer of Loveridge Acres, came before the Council. She requested that the Council given them final approval of Loveridge Acres pending the approval of the same by the Planning Commission at their meeting which is set for Friday. She stated that all they are lacking is the paving but that it is contracted for and they are willing to post a performance bond in the amount of $12,000 for the work. She stated that the paving is expected to be done in the near future, but that in cas there are any problems, she has already contacted Kitty Kelling to make arrangments for the performance bond in lieu of having the paving done. She was informed that she would not be able to get final plat approval from the Council until the Planning Commission hadopproved it first. Mrs. Nunn then requested that they be allowed to put four homes on the foundations which have been poured in Loveridge Acres because the homes are ready to be delivered, and it will be very costly if they cannot be installed immediately. She stated that she has talked with the Building Inspector regarding this and he said he would be willing to go along with her request becaus the homes could not be sold until the paving was done. Councilman Barker moved that pending their posting of the performance bond, the Council allow them to place the homes on the foundations and that there would be no occupancy of the homes until the final approval of the plat has been given. Councilman McDougald seconded the motion and it was approved unanimously. Councilman Tomsic moved that the Council appoint the firm of Ed Claus, CPA, to do the financial consultant work on a monthly basis for the 1978-79 coming fiscal year. Councilman Barker seconded the motion and It was approved unanimously. Councilman Tomsic also moved that the Council not appoint an auditor for the 1978-79 fiscal year at this time and that the matter be considered at a later date. Councilman McDougald seconded the motion and it was approved unanimously. Councilman Wiseman read from Section 26, page 219 of the City Code and stated that it requires that a water user 30 days delinquent will be notified by the Recorder and within 10 days his water will be turned off due to lack of payment. Further, the Recorder will notify the Water Works Superintendent to shut off their water. He further stated that he has obtained records from Joanne Lish and has concluded that there are 108 water users in the City that are over 30 days delinquent; 23 were delinquent enough to have their water shut off, and 16 had been delinquent for over 90 days. Also that presently the charge is $2.00 to have the water turned back on after it has been shut off. He stated that he feels that there should be a delin- quent charge of some klne for overdue water bills over 30 days and that the turn-off fee should be increased from $2.00. A discussion was held and City Attorney Coffman stated that due to recent legislation, any water user would be entitled to a hearing before his water was shut off and should be notified that his water was going to be shut off and his hearing would 391 Men from SEUAOG introduced. Loveridge Acres' request for final plat approval. Request to put homes on foundations. E. J. Claus appointed as City Financial Consultant. No auditor appointed at this time. Delinquent water bills Users have right to a hearing. 392 be set up at one of the Council meetings. Then if he didn't show up, he would be in default and his water could be shut off. But to do so otherwise would be a violation of the user's rights and would subject the City to civil liability.' Mr. Coffman felt that the City ordinance should be rewritten and that a proposed ordinance from the Utah League should be drafted to fit the City of Moab. He stated that he would try to have a proposal drawn up for the next Council meeting. Report from Mayor on Councilman Wiseman requested a report from the Mayor on the City's water system. City's water system. The Mayor stated that the City won't have to ration water this year if nothing breaks down. He stated that the Corbin well is in the system and that there have been two good reports on it. The chlorinator for the Corbin Well will be in the well house and will be installed in the near future. He stated that the City is using 300 gallons from the Robertson Well. He also stated that a total of 122,010,000 gallons are being pumped each month and further, the N1 Spring is drying up and #3 is dropping off. A 10" line from Spring #3 and a junction box will be installed to divert well water to that line to serve Murphy Lane which has been substantially used in the past to deliver water from Springs N2 and B3. The Mayor stated also that by 1980 the City is supposed to be able to buy water from the Moab Water Conservancy District for culinary purposes; the District will deliver the water to City limits. The Mayor went on to say that there have been springs dry up but that the water meets the State water quality standards. And if there gets to be a problem ith obtaining water, the users outside the City would have to be shut off. Meeting of Water District. Councilman Barker announced a meeting of the Water Conservancy District and the Economic Development Committee and the County Commissioners at 7:00 a.m. on the 31st day of July at the Ramada Inn. She stated that the meeting will be held to go ever the proposed zoning in the County and she urged members �f the Council to attend. Officer Brownell to hief of Police Dalton came before the Council and requested attend Crime Preven- hat he be allowed to send Steve Brownell to a one week tion School. chool in St. George from the 14th to the 18th of July. He tated that it would be a school for the prevention of crime :nd the State Council on Criminal Justice will pay $27.00 per gay per dium. Councilman McDougald moved that the Council :rant the Chief's request. Councilman Wiseman seconded the otion and it was approved unanimously. Bretzke makes statemenr. Bretzke made the following statements to the Council. concerning Arches a explained that on his private venture (Arches Subdivision) Subdivision. a said from the start that he did not want to do anything illegal and that he has talked the matter over from the first with the Mayor and the Planning Commission. He stated that he first went to the Planning Commission and had a proposed preliminary plat. He said that he talked with them at least two times and they were in accord. He also told the Commission that he wanted to sell off one lot to an individual and that later it could be excluded from or included in the subdivision. He was going to trade the installation of the curb and gutter, etc. for the price of the lot. He then came to the Council and was told to go back to the Planning Commission and get their approval of the matter. Mr. Bretzke then went to Harold Gaither, Chairman, and got his approval and then he and Mr. Gaither and Al Heaton went around to the other members of the Commission. He was able to meet with every member except Sam Taylor who was out of town and he later met with Ken Erbes and all four members told him to go ahead and say that the action was okayed by them. Mr. Bretzke stated that he didn't feel that on this small an item it was necessary to set up an official meeting and that he erred and apologized to the Council for the misunderstanding. He again stated that he wasn't trying to do anything illegal in his development. Further, that if he has to resign to continue his project he will do so. He also apologized if he had offended anyone. Councilman Barker thanked Mr. Bretzke for his explanation. 393 Councilman Barker announced the annual convention of Utah League Annual the Utah League of Cities and Towns in Salt Lake on the Convention announced. 7th to the 9th of September. She urged everyone who would be able to attend to go to as much of the convention as possible. She stated that there will be legislation voted on concerning a number of very important items. Councilman Barker referred to the minutes of the June 6h meeting where she had requested that the mattter of the water and sewer connections be on the next agenda but that since it hadn't, it should be on the next meeting' agenda. Councilman Tomsic wanted to discuss the matter Matter of W/S connec- at this meeting instead. Councilman Tomsic referred to tion fees discussed. a memo written by Mr. Bretzke wherein he claimed that the City would lose revenues of $25,000 if the ordinance were enacted as the Council had previously voted. She enumerated different cases of contractors and stated he position that many of Mr. Bretzke's statements were erroneous. Mr. Bretzke then stated his reasons for the statements he made in his memo. Discussion took place and comments were made both ways. Mr. Coffman stated that he felt that the action of the Council was 01 ambiguous and he further felt that only if a contractor had made a good faith effort to begin to install the 01 01 water and sewer before the ordinance was passed at the U public hearing would he then be exempt or be able to ge V a refund for his connection fees. He would then have a vested right under that ordinance, and wouldn't have to pay. He also felt that the Utah League of Cities and Towns should be asked for clarification. No formal action was taken on the matter at this time. Councilman Tomsic moved that the Council take another Water/Sewer Budget look at the Water/Sewer budget and see what figures wer: to be reviewed. used and adjust them accordingly, and that the audit report with Mr. Auger be gone through at the same special meeting. Councilman Wiseman seconded the motio and it was approved unanimously. Mayor Jacobs stated that he will set up the meeting and let the members of the Council know when it is. Les Erbes came before the Council concerning the amendment Councilman Wiseman made to the minutes of June 20 concerning the Planning Commission meeting. MR. Erbes came to the defense of the Planning Commissio and stated that they would not have done anything wrong and felt that the motion by Mr. Wiseman was a slam to the members of the Commission. He was informed that the motion was only a correction to the City Council minutes and had nothing to do with the individual Commission members. Councilman Barker asked whether the Council thought the e might be a problem with the reporting of the misunder- standing Mr. Erbes had had concerning the Planning Commission minutes. She stated that she will call D. Tranter of KURA and correct the natter with him and Mr. Coffman stated that he will talk with Sam Taylor of the Times, Les Erbes came to defense of Pl. Comm. Councilman Tomsic suggested that since Council members Tomsic requests to no longer have specific departmental assignments, speak less often they not go on the Moab Report except twice a month on Moab Report. after the Council meetings. She stated that she didn't feel that the Council members would have enough to talk about. Coucnilman Barker stated that she disagreed wit the statement and felt that there would be plenty to say. She further stated that Council members could be appointed in ad hoc capacities as needed. Councilman Wiseman asked Mayor Jacobs if he had gone to Mayor attended Co. the County Commission meeting concerning the landfill. Comm. meeting concern Mayor Jacobs stated that he did go in and talked to ing City dump. the Commissioners. He stated that Dan Holyoak had gone to Cache County and came back with their ordinance 394 creating a district for a sanitary landfill and he was very interested in trying to adapt it for Grand County. He also stated that the County would like the arrangement to remain as is until the District can be set up. Minutes should be taken of all meetings Advertising of Jobs available with City. Bill Bugs in Park. Spectotor expresses observations. Bills approved. Meeting adjourned. special meeting Review of changes in the budget. Councilman Wiseman asked Mr. Coffman if there has to be minutes kept of every Council meeting, special and otherwise. Mr. Coffman stated that minutes should be kept of every meeting, even executive session, but details are not necessary and executive minutes could be kept secret. Councilman Wiseman questioned whether or not jobs that are open with the City are advertised for through the media. Mayor Jacobs and Mr. Bretzke informed him that some of them have been but some, in the Public Works Department, have not been. Mayor Jacobs appointed Councilman Wiseman to be in charge of advertising for and the interviewing of the applicants for the jobs in the Public Works Department. Councilman Wiseman stated that the park is being killed by Bill Bugs and Councilman McDougald stated that he will go with the Mayor in the morning to look at the park and see if it is infested with the Bill bugs. A young man in the audience came before the Council and voiced his opinion on the actions of the Council stating that he felt that there is lots of contention in the group and that the members don't work together but work against each other. Members of the Council thanked him for his observations. Councilman Tomsic moved that the bills be approved and paid with the addition of $136.00 to General Fund for the plane trip for the people who put on the public forum about the City Manager job and the addition of $50.00 to the General Fund to go to Hershel Hester and Dr. White for the expenses of the same meeting, making a total of $5,303.92 of General Fund and $2,798.55 for Revenue Sharing. Councilman Barker seconded the motion and it was approved unanimously. Councilman McDougald moved for adjournment and the meeting adjourned at 11:32 p.m. ATTEST: e, City ecorde r CITY COU[1CIL Special Meeting July 31, 1978 A special meeting of the City Council was called at 1:15 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Barker, Peterson, Wiseman, City Recorder Bretzke, E. J. Claus and Ron Auger. The purpose of the first part of the meeting was to review last minute changes in the final 1978-1979 budget. Mr. Claus indicated that Class C Road and Revenue Sharing figures were included in the final General Fund budget. Changes in the original budget as approved by the Council indicated Collector Road interest from $3,000 to $4691 and Sales Tax from $215,000 to $250,000. Mr. Claus presented some figures concerning surpluses and stated that the proposed budget fell within the requirements of the State as far as meeting the State formula for working capital balance to carry forward. It was suggested that there will be other changes in the budget as time goes by such as the City Council will probably be dealing with various Federal funds plus negotiating the City Attorney's retainer fee, and will probably have to revise the budget in January or February. 395 Mr. Auger opened discussion for review of the 1976-1977 audit and mentioned the need for having specific assignments for specific people, i.e., Dave Bretzke and Judy Marshall should not handle cash. Another item discussed by Mr. Auger was review of Fixed Assets Account stating that the City should continue working on assigning assets to this account and a value should be assigned to these assets. He indicated that a legal definition of 'fixed assets' was to include curb and gutter, special improvement districts, street paving, and so forth wherein the land owner paid for the improvement. It should include anything having a life expectancy of one year on the original value when first acquired. The total fixed assets in the order as shown is $557,908, and this does not include water and sewer. However, this is not a supplies inventory. He indicated that the Council should probably discuss with Bruce Hymas of the Tax Commission what detail was needed for this Fixed Assets list. 00 Mr. Auger mentioned that from working with the audit and d' E. Claus that he certainly saw the need for having c^ professional help in the administration of city govern- C.':) ment. V ATTEST: �/ - David J. Bre e, City ecorder CITY COUNCIL Minutes August 1, 1978 Audit review with Ron Auger. A meeting of the Moab City Council was called to order at 8:05 p.m. in the Council Chambers, Moab City Hall. Regular meeting. Present were Mayor Jacobs, Councilmen Peterson, McDougal Wiseman and Barker, City Attorney Coffman, City Engineer Keogh, Chief of Police Dalton, Secretary Sandy Cresswell Attendance. and approximately twenty-five citizens. Councilman Tomsic was not present. Councilman Wiseman amended the minutes of the July 18 meeting to show in paragraph 4 that the Mayor would set up the meeting instead of Councilman Wiseman. He then Minutes approved. moved that the minutes of July 18 be approved. Council- man McDougald seconded the motion and it was approved unanimously. A public hearing was held to consider amendments to Public hearing on Ordinance No. 6-77 entitled, "An Ordinance Creating Ordinance No. 6-77. the Office of City Administrator/Recorder." The revised ordinance was read at the last Council meeting and there was some discussion on it. The ordinance was revised fr m the City Manager ordinance that was originally presented and has been published twice in the Times -Independent. Citizens present voiced their opinions. They asked about who is given the authority to hire and fire and it was explained to them that the City Administrator/Recorder can hire and fire in accordance with the Personnel Policies and Procedure. Manual but that in the case of Department Headds 396 Hiring and Firing of employees. the Administrator/Recorder must work with the Mayor and then come to the City Council to hire and fire. Ordinance passed. Attorney Coffman informed the people present that because of State legislation, the Mayor is still the supreme executive authority. Councilman McDougald also stated that the office of City Recorder is set up by the State legislature and not by the Cobbcil. Councilman Barker moved that Ordinance #6-77 as amended be adopted by the City. Council man Peterson seconded the motion. Further discussion took place and Attorney Coffman explained that the passing of this ordinance does not commit the City to any specific length of time to have this offic6 in effect and it can be changed at any time. Adrian Taylor was present and stated that she felt that the City is going in the right direction by this move. A vote was taken on the motion. Councilman Wiseman voted "yes." Councilman Barker voted "yes." Councilman McDougald voted "yes." Councilman Peterson voted "yes," and the motion was approved unanimously. Ordinance No. 5-/8. CITY_OF MOAB replacing -No. 6-77. Ordinance No. 5-78 An Ordinance amending Ordinance No. 6-77 and creating the office of City Administrator/Recorder BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: Section I. OFFICE CREATED. The office of City Administrator/Recorder is hereby created as provided in Section 10-3-924 et seq., Utah Code Annotated (1953). Section 2. CONTROL. The powers, duties and functions of that office to be administered and carried out by the City Administrator/Recorder shall be subjeet to the control of the Mayor and City Council. Section 3. GENERAL DUTIES. The Administrator/Recorder shall: A. Have and exercise all powers and duties assigned to him from time to time by the Mayor and City Council. B. Be charged with the enforcement of all laws and ordinances within the municipality insofar as their enforcement is within the powers of the eity. C. Attend all meetings of the City Council, and shall keep the Council informed of the affairs of the city, and shall recommend to the Council such action as may be necessary or expedient for the welfare of the eity. D. Have and exercise general control and supervision over all activities of the city including but not limited to construction, maintenance, improvement, repair and replacement of all city properties, ditehes, culverts, streams, and water courses; gutters and curbings, all public buldings, boulevards, parks, playgrounds, squares and other grounds belonging to or under the jurisdiction of the city, cemeteries, golf courses, airport, ball parks, records and supplies. E. Perform the duties of Recorder as set forth by Utah law and the Moab City Ordinance. F. Perform such other duties as the Mayor and City Council may from time to time prescribe. Section 4. EMPLOYEES. The City Administrator/Recorder shall have and exercise general supervision and control over all of the employees of the city. The Administrator/ Recorder shall have and exercise all powers which are now or may hereafter be conferred by law upon the city of Moab in respect to the employment and removal of bmployees. The Administrator/Recorder shall hire and discharge such employees in a manner set forth by the Personnel Policies and Procedures manual. 39'Z Section 5. OFFICERS AND DEPARTMENTS. A. The Administrator/Recorder shall have authority to fill all appointed offices of the city and to remove persons occupying said offices, except the following: Treasurer, Director of Public Works, Police Chief, City Attorney and Municipal Court employees, in the following manner. B. The Administrator/Recorder shall, report to the Mayor his intent to make such appointments and removals prior to taking any action. C. The Adminis trator/Recorder shall make reammendatio to the Mayor and City Council appi.ntment or removal of Department Heads prior to taking any action thereon at a regular or special meeting of said council. If no express objection to the proposed appointments or removals are made at that time by a majority of the council, the Administrator/Recorder shall act on his proposal as presented to the council. CO d" D. Every administrative department of the city shall 00 be under the supervision and control of the City C Administrator/Recorder, who shall have the power to appoint or remove any officer in said departments in accordance with the procedure set forth in the Personnel Policies and Procedures Manual. Section 6. CONTRACTS. The City Administrator/Recorde shall examine all proposed contracts to which the city may be a party, and shall, as Recorder, with the Mayor, sign on behalf of the city any contract authorized and approved by the City Council, excepting where the City Council directs that some other officer or officers shall do so. It shall be the duty of the City Administrator/Recorder to see to it that all terms of any eontract to whieh the city is a party are fully performed by all parties thereto. Section 7. PURCHASES. The City Administrator/Recorde shall be general purchasing agent of the city, and except where speeifie provision to the contrary is made by law or by the council, he shall make all purchases oft supplies, materials, and equipment authorized by the council, in 'the manner prescribed by and subject to the limitations imposed by law and the City Council. No purchases shall be made or obligatio ineurred exeepting upon authorization by the eouneil, and no expense shall be incurred, for a purpose requiring a prior appropriation unless the amount of such purchase is covered by an unexpended appropriation for the purpose. Section 8. BUDGET OFFICER. The City Administrator/ Recorder is hereby designated the budget officer for the city and shall perform or cause to be performed al of the duties of such office as set forth in the Uniform Municipal Fiscal Procedures Aet together with such other duties as the council may from time to time, by resolution, designate. Section 9. ACCOUNTS. It shall be the duty of the City Administrator/Recorder to keep current accounts showing at all times the fiscal condition of the city, including the current and anticipated revenues of all municipal funds and accounts and he shall see to the collection of all money due to the municipality. Section 10. INVENTORIES - PROPERTY. The City Administrator/Recorder shall keep a current inventory showing all real and personal property of the city and its location and shall be responsible for the care and custody of all such property including equipment, buildings, parks and all other city property which is not by law assigned to some other officer or body for care and control. 400 Section 11. REPORTS AND PUBLICATIONS. The City Administrator/Recorder shall publish or cause to be published, all notices, ordinances or other documents required by law to be published and to prepare or cause to be prepared all reports which the city or any of the officials thereof are required to prepare. Section 12. ELECTIONS. The City Administrator/Recorder shall cause to be prepared all notices, ballots and election supplies necessary in connection with municipal elections. Section 13. COLLECTOR AND COMPTROLLER. The City Administrator shall be ex officio city collector and city comptroller unlesQ such offices, or either of them, are duly filled by appointment; and he shall perform the duties of each such office in the absence of such appointment to either of them. Section 14. MAPS - PLATS, Unless otherwise provided by ordinance, the City Administrator/Recorder shall cause to be kept a complete set of maps and plats showing the locations of all city utilities, and other municipal properties, all streets and other public places and all lots or parcels of land subdivided according to law. Section 15. OFFICES. The City Administrator/Recorder shall maintain an office in the City Hall and shall spend such time in the performan.lie of his duties as may be required from time to timelby resolution of the council. Section 16. ABSENCE FROM THE CITY. A. In the event that the City Administrator/Recorder shall be absent from the city or incapacitated from performing the duties of his position, an officer or other person designated by the mayor may be authorized to act as Administrator/Recorder during such absence or incapacity, provided however, that if such absence or incapacity, shall extend for a period of ten or more consecutive days, such designation shall be subject to the approval of the City Council. B. The powers, duties and functions of the office of City Administrator/Recorder shall be carried out by the City Administrator/Recorder who shall be a qualified person, who need not be an elector, appahted by the Mayor and the City Council at a salary to be fixed by ordinance or resolution of the said council, and to serve at the pleasure of the Coy Council, subject to removal by it at any time without cause by a majority vote thereof. Before taking office the City Administrator/ Recorder shall furnish a fidelity bond in an amount to be determined by resolution of the City Council, conditioned upon the faithful performance of his duties, with a corporation licensed to do business in the State of Utah as surety. Such bond shall be filed after being approved by the City Council, and the premium for such bond shall be paid by the City. C. Additional personnel may from time to time be employed within the office of City Administrator/Recorder by action of the City Council. Section 17. SALARY. The salary of the City Administrator/ Recorder shall be set from time to time by resolution of the Council. Section 18. EFFECTIVE DATE: This ordinance being necessary for the immediate preservation of the peace, health and safety of this city shall take effect immediately upon posting. PASSED AND ORDERED POSTED this 1st day of August, 1978. /s/ Hardd Jacobs, Mayor ATTEST: /s/ David J. Bretzke, City Recorder PubNeite4 in the Times -Independent on 8.4-Q. Co d" M G V V E36unc$lman Wiseman presented a request from the Fire Department to the Council requesting that they fund the cost of a kit to educate local fire fighters and other personnel in the handling of sell spills of hazardous materials. The kit would consi of a course and a film and,would cost $350.00. Councilman Wiseman moved that the request be approv: Councilman Barker seconded the motion and it was approved unanimously. Discussion took place concerning possibly sharing the course with other nearby towns and thus help to spread out some of the cost of the course. It was also explained that Moab City is helping the Fire District in this instance because the County helb's them financially as well and it is the City's "turn", so to speak. Mrs. Norma Nunn came before the Council requesting final approval of Loveridge Acres Subdivision. Mr. Bretzke informed the Council that the plat has been approved by the Planning Commission. Also the paving is done and it has been approved by the Engineering Department. Engineer Keogh stated that some fire hydrants and water meters need to be brought to grade and that one valve has to be made functional. Mrs. Nunn said that they would present letter stating that these items will be done. Councilman Barker moved that inasmuch as the Counci did say that they Would take the Planning Commission's recommendation that they do approve th final plat of Loveridge Acres Subdivision with the stipulation of the letter to be written by Mrs. Nun Further, they accept the recommendation of the Planning Commission that Mr. Riggi be allowed to ,sell the 38' strip on the back of Lot #k6 and the 55 strip off the back of Lot 2 to adjoining property owners but not as separate pieces of property. Councilman Peterson seconded the motion and it was approved unanimously. John Anderson and Jean Eardley came before the Council and requested permission to lave their trailer house on their property until they ean get their residence built. They stated that they expect the house to be finished well within a year. They were told that the City Code provides that thi can be done if a $200 deposit is put up to insure the removal of the mobile home and were told to come in to the office the following day and post the $200 bond. Mayor Jacobs stated that the Council has reviewed the budget with Accountants Auger and Claus and have decided that the mill levy should remain the same at 21.5 mills. Councilman Barker moved that Resolution #6-78 setting the mill levy at 21.5 mills for the GeneraIlFund be adopted. Councilman McDougald seconded the motion. Councilman Wiseman Voted "yes." Councilman Barker voted "yes.9 Councilman McDougald voted "yes." Couneilman Peterson yoted "yes." The motion was approved unanimously. City Recorder Bretzke read the minutes of July 21, 1978 meeting of the Planning Commission to the Council as had been requested by the members of the Commission. Attorney Coffman gave an opinion as tb the recent request of the Planning Commission. They wanted to know whether it is legal to poll Board members to take action as long as the action is formalized at the next regular meeting. Coffman stated that this is not legal and that a formal meeting must be held Also, the news media must be advised at least twenty=four hours in advance and the ggenda must be published for these meetings and also for any special Council meetings. And the minutes of the O ti I Request from Fire Dept.fm $350 to buy Lstmtining material t d. Final approval a Request to leYve mobile home or! lot pending completion of residence. Mill levy set. Planning Commission minutes read. f0 2 Sunshine Law requires formal meetings of boards Attorney's report. Baughman of Golf Course requests gates and posting. Shutdown of Corbi well announced. Economic Dev. Comm. meeting announced. Well permits discussed. Bills approved. Adjourn to exec. session. meetings must reflect who was present and who was absent. Councilman Wiseman stated that there is no set penalty for violation of this "Sunshine Law" but violators can be held personally financially liable. Members of the Council expressed appreciation to the Planning Commission for the service they render the Community and apologized if they have offended the members of that Board. Attorney Coffman reported that there were 16 criminal complaints in the last month, twelve of which were disposed of by court action. He also stated that some of the cases were dog cases. Don Baughman from the golf course was present and requested that the City consider putting a gate on t}e Robertson Well road by the golf course, stating that a lot of vandalism goes on out there and it would help protect the city water supply as well as the golf course. He would also like the City to post that area of city land for no hunting because recently a projectile from a gun landed five feet away from a man playing golf. The Mayor stated that the posting will be no problem and he will look into it. But the matter of the gate will have to be investigated and a decision made at a later date. Councilman McDougald brought up the problem of the recent shutdown of the Corbin Well by the State Engineer. He suggested that a special meeting be set up to discuss the water problem. Mayor Jacobs announced the problem that they have had with tie well, stating that a person owning a well by the,Corbin had been pumped dry and blamed the CiW s pumping of the Corbin Well and this was the reason the State Engineer became involved. He stated that so far there has been no need for water rationing and that the attorney is working with him to see that something can be worked out. Apparently the paper work had never been completed giving water rights to the Corbin Well and the State Engineer was working well with the Mayor in trying to come to a settlement. Members of the news media were present and stated that they felt thht this matter should have been made public as soon as it happened. A discussion was held and members of the audience participated in nuking suggestions and asking questions. The Mayor stated that he will be meeting with the Engineer tomorrow and Councilman McDougald stated that he would like lobe present. McDougald stated that the City bought the Corbin well without any water rights and that it had been at the advice of the State Engineer'E office. Councilman Barker stated that a joint meeting of the Economic Development Committee and the Water Conservancy District will be held on Monday, August 7, and she urged everyone to attend. Mayor Jacobs stated that a man had come to him with a request that he sign a paper giving his consent for the State Engineer to issue the man a permit. The permit would be for a well that would pump 1 to 15 second feet of water to irrigate his seven or so acres of property. Members of the Council stated that this request shodd be denied because in the last meeting they only voted to allow wells of .015 second feet or less. Count Councilman McDougald moved that the Council approve the bills if the bill to Continental Telephone is in order and that the paying of Mr. Bretzke's car allowance would be held until after the executive session. The bills totalled $28,680.30 from General Fund and $2,900.00 from Revenue Sharing. Councilman Barker seconded the motion and it was approved unanimously. Councilman Barker moved that the Council adjourn into executive session to discuss personnel appointments and other related items. Councilman McDougald seconded the motion and it adjourned at 9:53 p.m. 40,9 C+� Cni U V City Engineer Keogh informed members, of the Council that his office has prepared,a set of specification for water, sewer, curb, gutter and asphalt paving and that they will be available in the Engineer's office for inspection. arol. Jam: Mayor ATTEST: David J. B zke, Ci Recorder CITY COUNCIL ** EXECUTIVE SESSION** August 1, 1978 10:00 p.m. The Council met in Exeeutive Session in the Recorde office at 10:00 p.m. The Council considered the approval of the appointment of Doug Carithers to a Police Officer position and the approval of the promotion of Steve Brownell from Polka Officer to Detective, effective August 2. Steve Brownell will go from a 14-4 at *959.00 per month to a 16-1 at 064.00 each month. The Council will review his salary at the next City Council meeting, that salary to be effective August 2. The Council considered the applications 6f two men for the Utilities Superintendent position: Ross Leeach and Gerald 'Bud" Stocks. The Council endorsed the application of Bud Stockssand encouraged the Mayor to appoint him to the job of Utilities Superintendent. Councilman Barker second the motion and it was approved unanimously. The Council decided to review the salary of the Circuit Court Clerk at the next regular Council meeting. The Council discussed the hiring of Dave Bretzke as City Administrator -Recorder at the same salary as he was receiving the current year of $1413 per month with the same fringe benefits for retirement except a deletion of the $100 per month car allowance. He was appointed on a 6 month probationary period with a review at the end of 3 months. Councilman McDougald moved that Mr. Bretzk be given his $100 car allowance for the month of July. Councilman Wiseman seconded the motion and it was approved unanimously. It was decided that a legal notice should be placed in the newspaper setting a public hearing to consid salary changes as follows: Circuit Court Clerk from $785 per month to $848 per month. City Attorney retainer at $950 per month. (These two would be effective July 1.) City Administrator -Recorder from $1413 per month to $1413 per month. (This would be effective Aug. 1.) The meetings adjourned. cver(� Harold Jaco Mayor Keogh has specs for land improver ments. 's Doug Carither appointed police- man. Steve Brownell to become DetectivE Applications for Utilities Supr. d Court Clerk's salary postponed. Dave Bretzke hired as Admin/Recorder Legal Notice be rgiven. 404 special meetigg kttendance. Coffman explains that change applications must be sent in and th Mayor can be authorized to sip them. The Council does so. ATTEST: David J. B tzke, ity Recorder CITY COUNCIL Special Meeting August 4, 1978 A special meeting of the Moab City Council was called for Friday, August 4, 1978 at 11:30 a.m. Secretary Sandy Cresswell notified all Council members'between 2:00 p.m. & 3:00 p.m. on Thursday, August 3 of the meeting. Les Erbes of Town TV was notified of the meeting at 2:20 on the same day and KURA was notified at 2:18 on the same day. The meeting convened at 11:30 a.m. in Council Chambers, Moab City, Hall. Present were Mayor Jacobs, Councilmen Wiseman, Barker, McDougald, and Peterson. Also present were City Attorney Coffman and Secretary Sandy Cresswell. Attorney Coffman explained to the Council that he, Mr. Keogh and Mayor Jacobs had worked on the filling out of change applications and cancellations to transfer water rights from Wells 1, 4 and 6 to 4A, 5,6,7,9, and 11 and take rights from 1,6,7, and 8, and transfer them to the same numbers. Also, sinee only 300 gallons can be taken from the Robertson Well, no forms were filled out on it. He explained that the Council has to give the Mayor the autha&ity to sign the change applications. Mr. Coffman stated that by filing these pipers the City does not prejudice any rights and does not lose any volume or any priority. Also, if the change poses damage to anyone else, the first change filed prevails. Councilman McDougald moved that the Council authorize Mayor Jacobs to request cancellation for Moab City Corporation on Applications A-4592 (05-206), A8256 (95-716), A-8257 (05-169), A-8255 (05-101) and also to sign the two applications entitled "Permanent Change of Point of Diversion Place and Nature and Use of Water." Councilman Peterson seconded the motion. Councilman Barker voted in favor of the motion; Couneilman McDougald voted in favor of the motion; Councilman Wiseman voted in favor of the motion; Councilman Peterson voted in favor of the motion; and the motion passed unanimously. The meeting adjourned at 11:50 a.m. ATTEST: David J. Bretzke, City Recorder ayor CITY COUNCIL 405 Minutes August 15, 1978 A meeting of the Moab City Council was called to order at Regular Meeting 8:00 p.m. in the Council.Chambers. Present were Mayor Jacobs, Councilmen Peterson, McDougald, Tomsic, Barker and Wiseman. Also present was,City Administrator -Recorder Bretz e,Attendance. Chief of Police Dalton, City Attorney CoffMan, Secretary Sandy Cresswell, and seven citizens. Councilman Barker moved that the minutes of the Council meeting of August 1, 1978 be approved. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Barker moved that the minutes of the special Council meeting of July 31, 1978 be approved. Councilman Wiseman seconded the motion and it was approved unanimously. Minutes Approved. Councilman Wiseman corrected the minutes of the executive Stocks appointed as session of August 1, 1978 to state in paragraph 3 that the Utilities Super. Council endorsed the application of Gerald "Bud" Stocks and encouraged the Mayor to appoint him as the Utilities Superintendent. Councilman Wiseman then moved that these d, minutes be approved as corrected. Councilman Barker seconde eo the motion and it was approved unanimously. U Councilman McDougald moved that the minutes of the special U Council meeting of August 4, 1978 be approved. Councilman Wiseman seconded the motion and it was approved unanimously. Mary Martin, Swim Center Manager, came before the Council Report from Swim and gave a report on the operations of the pool this Center Manager. summer. She gave a rundown on the number of swimmers, the revenue, the hours opened, the lessons taught, and the people who were employed there. She introduced her assistant, Teresa Duncan, and a lifeguard, Cindy Martin, and stated that she has trained them to operate the pool in her absence from the 23rd of August until 1t closes in September. She outlined the hours of operation for the pool to keep it open until the end of the hang gliding tournament and requested that the hours of operation she proposed be approved, and that only thesee two girls be approved to run the pool, with the help of Ed and Ken Nelson on weekends if needed. Councilman Barker moved that the Council accept the plan Mrs. Martin outlined and commend her for the fine program that she has carried on this summer and the increase in revenue. Councilman Wiseman seconded the motion and it was approved unanimously. Mrs. Martin went on to say that a tour group called Trails West brings numerous groups of children to swim in the pool and that usually it takes lots of time to clean up after them. She proposed that they be charged a $20 cleaning fee per group to cover some of the cost of cleaning the pool and the park. Councilman Wiseman moved that Trails West be informed by letter that they will be charged a cleaning fee of $1.00 per head in addition to the regular fee for swimmin; to cover the cost of clean-up of the park and pool. Also, that they must notify the pool 24 hours in advance of any groups that will be coming to make use of the pool. Councilman McDougald seconded the motion and it was approved unanimously. Mayor Jacobs commended Mrs. Martin and her staff for the excellent job they did in putting on a water show for the 24th of July. Mr. Ray Alger and Mr. Al McLoud came before the Council and Confusion in inspec- stated that there has been a lot of confusion in regards to tions of electrical regulations enforced by the Building Inpsector, especially work in connection with mobile homes. He stated that recently the Building Inspector condemned'a mobile home he had wired because of the 100 amps that were installed and wouldn't approve the wiring as it was. Mr. Alger stated that he asked Mr. Brundage to show him where in the code book they were in any violation and Mr. Brundage called some inspectors in Salt Lake and they told him that he was right. Trails West to be charged additional swimming fee. 406' But he still did not tell Mr. Alger where in the code book he was in violation. Councilman Tomsic stated that the City inspector can only inspect according to the Uniform Building Code which was adopted and not just by making verbal statements. City Attorney to Mr. Alger requested that the City Attorney check into the legality look into legality of verbal explanations from inspectors who "red tag" the work of of verbal red (electrical) contractors. Councilman Tomsic moved that Attorney tagging. Coffman check into this. Councilman Barker seconded the motion and it was approved unanimously. The owner of the trailer in question came before the Council and stated that they had to degrade the trailer to comply with Mr. Brundgae's requirements and she didn't feel that it was right to Just change the amps on the sticker on the outside of the trailer. Mayor Jacobs stated that he will check with Mr. Brundage to see what happened and will get back with these people. Salary changes A public hearing was held to consider salary changes for the considered. following positions: City Administrator -Recorder, David J. Bretzke, from $1413 to $1413 per month; a retainer for City Attorney Coffman of $950.00 per month; and the Circuit Court Clerk from $785 to $848 per month. Court Clerk's sala Discussion was held and it was stated that Judge Grist is tabled. making a survey or obtaining material on what other Court Clerks around the state are making and will convey that information to the Council. Councilman Barker moved that the Circuit Court Clerk be raised to $848 per month. Councilman Wiseman seconded the motion. Councilman Barker voted "yes." Councilmen Wiseman, Tomsic, Peterson and McDougald voted "no." The motion was defeated. Councilman Tomsic moved that the Council request further information from the State detailing the responsibilities and salaries of other clerks and that the consideration of her salary be tabled until the next Council meeting. Councilman McDougald seconded the motion and it was approved unanimously.. City Attorney's Councilman Wiseman moved that the Council approve a $950 retainer approved. per month retainer for the City Attorney. Councilman Barker seconded the motion and it was approved unanimously. Adm.'s salary Councilman Wiseman moved that the City Administrator -Recorder approved. be paid $1413 per month, effective August 1, 1978. Councilman Peterson seconded the motion and it was approved unanimously. Bids for City Councilman Wiseman suggested that the Council should advertise Auditor to be for bids for the City Auditor for the fiscal year 1978-1979. He felt advertised. that it should be open to accountants outside the city of Moab as well as those in the City. Councilman Barker moved that the Council begin immediately to place advertisement for bids for the annual audit services for Moab City, specifications to include the requirements that because of State law the audit should be completed by December 1, 1979 so it could be forwarded on to the State Auditor not later than December 31, 1979. Councilman McDougald seconded the motion. Councilman Barker added to her motion and Councilman McDougald seconded that the bid include if the audit is not delivered by the deadline, a $50 per day penalty be invoked. The motion was approved unanimously. Pl. Comm. request City Administrator -Recorder Bretzke reported on the recent request for joint meeting. of the Planning Commission to have a joint meeting of the Planning Commission and the City Council to discuss possible solutions to the property off of 5th West where it has been divided many more times than is legal without creating any subdivisions. The matter was discussed and no action was taken by the Council. Steve Brownell's The slaary of Detective Steve Brownell was discussed. Chief salary set. Dalton was present and requested that the salary be raised to at least $1023 which would be at Step 3 on the pay scale. Councilman Wiseman moved that Steve Brownell be paid at the second step of $994 per month. Councilman McDougald seconded the motion. Councilman Wiseman voted "yes." Councilmen Tomsic, Barker, Peterson and McDougald voted "no." The motion was defeated. Councilman McDougald moved that he be paid $1023 per month, effective August 1, 1978. Councilman Peterson seconded the motion. Councilmen Peterson, McDougald, Barker and Tomsic voted "yes." Councilman Wiseman voted "no." The motion passed. Intersection at ayor Jacobs asked Chief Dalton what his recommendation was con- 5th West & 4th North erning the intersection at 5th West and 4th North where the d" M G V fence and the weeds block the vision of drivers. Chief Dalton stated that he felt the fence should be painted to down on the glare. He discouraged putting a four way stop there. Mayor Jacobs stated that he thought the weeds shoul be cut down and that perhaps some of the posts could be to from the fence and part of it moved back. Chief Dalton stated that he will talk to the property owner there and s what can be done. Attorney Coffman stated that the City's criminal code needs re -written and updated and Judge Crist has asked him and his wife to do this. He stated that there is an associatio (NMLO) who publishes material to aid in this and he will look into it and see if it has merit. He has no idea at the present time what the cost would be, but he highly recommended the updating. Attorney Coffman stated that the hang gliding committee has purchased z million dollars of -insurance that will be effective until the end of August. They are still planning on obtaining the insurance as required by the ordinance and may even get five million dollars worth. He also stated that of the hang gliding tournaments held so far, z million dollars in insurance was all that was ever purchased for the events. Councilman Peterson asked what had been done about the Utilities Superintendent and Mayor Jacobs informed him that Gerald "Bud" Stocks went to work this morning in that position. Councilman Peterson asked what had happened to Mr. Baughman' request at the last meeting of have the gates put in out by the wells and the golf ocurse. Mayor Jacobs stated that he has the materials to put in two 10' gates and as soon as the last property owner is contacted and given a chance to object, the gates will be installed. Councilman McDougald stated that he feels that the City should apply for no more underground water rights because it has plenty right now. He also asked Mayor Jacobs about the Corbin Well and was told that it is still down and that the Mayor is still working with the State Engineer on it. The Mayor and Dave Bretzke have reviewed letters and the Mayor feels that it is not the City's fault that the paperwork was not completed. Councilman Tomsic asked what has happened to the appearance of the park. Mayor Jacobs stated that it has been fertilized and sprayed for bill bugs but that the watering time had to be cut down and sprinklers had to be adjusted but they are still working on it. Ocea Edwards and her husband have agreed to take over the care of the park. Councilman Tomsic stated that a bus had parked for three da by the park and had obstructed motorists' vision by being parked right on the end of the yellow line. She questioned how far the yellow line is required to go around the curb. Attorney Coffman stated that the length of the yellow can be increased but it has to be posted. Councilman Tomsic asked about the status of the City Treasurer and asked why she hadn't been given her six month increase in salary, and placed at the next grade. Councilman Barker called a point of order and stated that this matter should be discussed in the executive session of the Council meeting. Councilman Barker stated that she has followed City policemen who break the speed limit when they are patrolling and requested that they be told not to do this. Mayor Jacobs stated that he will take care of this matter. Councilman Barker asked if the City is going to spray again for caterpillars because they are back. Mayor Jacobs stated that these caterpillars are a different breed than what was in Moab in the Spring and that he could possibly get the same man to come and spray again but felt that only the City should be sprayed. Councilman McDougald moved that if funding is available, the City should spray for caterpillars again and only in the City n 407 Criminal code to be re -written. Hang Gliding Tournament insurance Bud Stocks hired as Util. Super. s Mr. Baughman's request for gates by golf course. City's water. Problems with the City park. s Bus parking by the City Park. City Treasurer's raise discussed. City Policemen shouldn't break speed limit. Spraying for tent caterpillars. 408 Applicants for City Manager to be notified of closing of position. Ticketing of illegally parked cars. Ray Stratton's yard clean-up. Skateboards. Numbers need to be put on houses. Grosswalks painted. Mobile vendors. Bills approved. Adjournment. Regular meeting. Attendance. Minutes corrected. limits, using an approximately $1,000 figure for the cost of the spraying. Councilman Peterson seconded the motion and it was appmed unanimously. Councilman Wiseman asked if the applicants who had made the trip to interview for the City Manager position had been notified that they weren't hired but thanked for their attendance. He felt that Mr. Bretzke should be responsible in seeing that the applicants be notified and thanked. Councilman Wiseman stated that in July he moved that cars be ticketed that park on the wrong side of the street and that he would like to see it done more even though the situation has improved considerably. Councilman Wiseman requested that the City Attorney carry forward Councilman Wiseman's earlier request that legal action be taken against Mr. Ray Stratlion to get him to clean up his yard. Attorney Coffman stated that he will do so. Mayor Jacobs stated that he has become very concerned about the number of skateboards that are on the streets in Moab and is working with Attorney Coffman to see if an ordinance can be passed or something can be done to help remedy the dangerous situation it creates. Mayor Jacobs stated that house numbers need to be put on all the houses in Moab and urged the Council to try to think of a solution to require homeowners to put numbers on the homes, both for safety and so that water can be connected, turned off and on more easily. Mayor Jacobs reported that crosswalks have been painted in front of the schools, and are completed before school starts. The matter of painting crosswalks in the middle of blocks was discussed. Councilman Barker stated that she had asked Attorney Ruggeri to check and see if a mobile vendor can operate in an R-3 zone and never got an answer. Attorney Coffman stated that he would check into the matter. Councilman Tomsic moved that the bills in the amount of $26,596.33 be approved for payment. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Wiseman moved that the meeting adjourn. Councilman Peterson seconded the motion and the meeting adjourned at 10:45 p.m. ATTEST: v d J. B zke, Ci y Recorder avid J. B zke, Ci y Recorder CITY COUNCIL Minutes September 5, 1978 A meeting of the Moab City Council was called to order at MO p.m. in the Council Chambers, Present were Mayor Jacobs, Councilmen Barker, Tomsic, Peterson, McDougald and Wiseman. Also present were City Administrator -Recorder Bretzke, Chief of Police Dalton, City Attorney Coffman, Secretary Sandy Cresswell and approximately fifteen citizens. Councilman Tomsic added to the minutes of August 15, 1978 on page 2 the sentence, "Councilman Tomsic stated that the City Inspector can only inspect according to the Uniform Building Code which was adopted and not just by making verbal rulings." Co di co C U V Councilman Wiseman corrected the minutes of August 15, 1978 to eliminate the word "more" from paragraph 7 on page 4. He then moved that the minutes of August 15, 197 be approved as corrected. Councilman Barker seconded the motion and it was approved unanimously. A public hearing was held for the rezoning request of Mr. Corky Key, Mr. Dan Pilling, and Mr. Krug Walker to change zoning from R-3 to C-3. Discussion was held and Mr. Pilling stated that he plans to put in a small apartment on his property in the future and would not wan to be barred from doing so and also, he doesn't want his property rezoned. Krug Walker stated that he would prefe to remain zoned as R-3 also. They each stated that they were not opposed to the rezoning of Mr. Key's property and felt that he should be allowed to go ahead with his motel. Councilman Tomsic moved that rather than rezone all three pieces of property that only the area belonging to Corky Key on 1st South and 1st East be rezoned from R-3 to C-3. (Ordinance No. 6-78) Councilman McDougald seconded the motion. Councilmen Barker and Wiseman voted against the motion and Councilmen Peterson, McDougald and Tomsic voted for the motion. The motion carried. Ordinance No. 6-78 AN ORDINANCE AMENDING CHAPTER 27 MOAB CITY CODE 1965 AS AMENDED, RELATING TO THE OFFICIAL ZONING MAP BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: That Section 27-5-2 of the Ordinance of Moab City, 1965, as amended, relating to the official zoning map of the City of Moab, be, and the same is, hereby amended by the addition of the following: "(Q) The following described real property zoned R-3 Residential Zone, is hereby rezoned C-3, Central Commerci.1 Zone. Beginning at the NW corner of Block and proceeding thence S 89°47' E 99 131 ft., thence S 89°47' E 144 ft., 131 ft., thence S 89°47' E 103.5 ft. 231 ft., thence N 89°47' W 346.5 ft. 231 ft., to the point of beginning. 8, Moab Townsite, ft, thence S 0017' W thence N 0°17' E , thence S 0°17' W , thence N 0017' E Passed by the unanimous vote of all members present of the City Council by the City of Moab, Utah this 5th day of September, 1978. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: /s/ David J. Bretzke, City Recorder Published in the Times -Independent September 14, 1978. Frank Hobbs, a building contractor, came before the Council and explained his proposed development of his subdivision in two Blocks, A and B. He further stated that he was required to post a $10,000 bond to insure improvements in his subdivision, Block A, and that recently he had attended Council meetings where two other contractors had been allowed to build homes on foundation without having all of the improvements completed. He stated he felt that he should have been told by Mr. Bretz e that he could come before the Council and get an exception to the ordinances. He claimed that he had been treated unfairly by Mr. Bretzke in that he had not been told that he could oo to the Board of Adjustment for some eight months while he was attempting to build his apartments. And when he did go before the Board there was Mr. Bretzke stating the position of the City. And the same held true when he went before the Planning Commission concerning the drainage problem by his subdivision. He said he was never told until the 409 Minutes approved. Rezoning public hearing. Ordinance N6-78. Frank Hobbs and Hobbs Subdivision 410 Hobbs requests return of $10,000 bond. Bretzke states his position to Hobbs. Council returned bond to Hobbs. Opposed to cleaning Irrigation ditches. Mrs. Bentley - water hookups in Westwood Acres. Request tabled for 30 days. Joint mts. set with Water Conservancy District. Anne Beeson with drainage problem in Robin's Nest. Agenda to be follow Planning Commission meeting that he should help pay the expenses of cleaning out an irrigation ditch which the City had done. He stated that he didn't feel he was being treated fairly. Mr. Hobbs went on to say that he has two lots left in Block A that won't be built on for some time and will have to include them with Block B. The $10,000 he posted was for improvements dealing_ with Block A and he felt that he should be allowed to get his money back because he was only lacking sidewalks. He had no objection to the way the ordinances are if all contractors are required to abide by them equally. Mr. Bretzke stated that when Mr. Hobbs came to him with his proposal for Hobbs Subdivision that he followed the City code in requiring Mr. Hobbs to post the bond. He arrived at the dollar amount with the help of Mr. Keogh and further stated that he is sure he did tell Mr. Hobbs that he had the right of going to the Board of Adjustment. He stated that he was only following the ordinances and the recent exceptions the Council had given the two contractors were exceptions to the ordinances and hadn't been done before. Members of the Council informed Mr. Hobbs that Mr. Bretzke attends the Planning Commission and Board of Adjustment meetings oh behalf of the City and has the right to make statements with regard to the position of the City. He was further told that the Council erred in making their recent exceptions to the ordinances and would not do so in the future. Councilman Tomsic moved that in view of the circumstances Mr. Hobbs be given back his cashier's check in the amount of $10,000. Councilman Barker seconded the motion and it was approved unanimously. Councilman Wiseman stated, for the record, that he was opposed to any cleaning of ditches for the Moab Irrigation Company. Mrs. Bentley came before the Council and stated that she has inherited the property known as Westwood Acres Subdivision, and that it previously belonged to her father. He had made an agreement with the City thatif he looped the line along his property he would be allowed to hook up his parcels of property to City water. She also said this work was done at a cost of $17,000. A short time later the moratorium was put into effect, but she thought she would still be allowed the hook ups. She stated that the Mayor hesitated in allowing her water hook-ups and recommended that she come to the Council. Mr. Bretzke stated that the City Council had earlier made an exception to the moratorium on lots in this subdivision, if she would loop the existing water main, and she had done this as advised. Councilman Barker moved that the Council table Mrs. Bentley's request for at least 30 days and that when water is available that the Council permit the hook-ups to her seven pieces of property -- that they be exempt from the water moratorium. Councilman Tomsic seconded the motion. Councilman Wiseman voted against the motion and Councilmen Barker, Tomsic, Peterson and McDougald voted for the motion. The motion carried. Councilman Barker also requested that the Council meet with the Spanish Valley Water Conservancy District and see what can be worked out with them. Attorney Coffman stated that he also recommended this and since he is counsel for both groups, he will arrange the meeting within 30 days. The next item on the agenda was Mrs. Anne Beeson concerning a drain in Robin's Nest Subdivision. Mr. Keogh explained the problem to the Council and stated that the developer had made plans in his original plat for drainage in one place and later decided that that wasn't the way to drain it but never did construct the necessary drainage facilities. So, any runoff accumulates by Mrs. Beeson's property and causes a terrible odor and health hazard. The matter was briefly discussed but due to the fact that Mrs. Beeson was not present, no action was taken. .Councilman Barker suggested that due to the amount of time spent on the agenda items that when people on the agenda aren't present, their problem should be skipped over until they can be present. 411 The Council reviewed the bids they had received for the Bids for Auditor auditing services of the City for the 1978-79 fiscal year. reviewed. They had received a bid of $2,950 from the firm of Anderson, Wolsey, White and Cavanaugh of Orem, a bid of $3500 from the firm of Ronald L. Auger of Moab, and a bid of $4,650 from the firm of E.J. Claus of Moab. Councilman Wiseman moved that the Council accept the bid of $2950 from the firm of Anderson, Wolsey, White and Cavanaugh for the 1978-79 audit. Councilman Tomsic seconded the motion. They amended their motion and second to read that within 10 days the company will examine the records of the city and be satisfied that they can perform the audit according to the bid specifications at no additional cost. Councilmen Tomsic and Wiseman voted for the motion and Councilmen Barker, McDougald and Peterson voted against the motion. The motion was defeated. Mr. Ron Auger was present and discussed the bid with the Ron Auger, one of th( Council, stating that he was of the opinion he had been bidders present. awarded the audit annually and that Mr. Claus had been awarded the monthly accounting work. Members of the Council disagreed with this statement. Councilman Barker and the Mayor stated their opposition 07 to going out of town for the auditing services. Councilma d' Peterson moved that the Council obtain further clarification ^ez from the Orem firm and get a definite amount for the audit, that they be told that the bid price includes any One bid to be U and all perdiem and the bid should also include the examined more, credentials of the accountants in the firm. Councilman closely. Tomsic seconded the motion and it was approved unanimousl Mr. Bretzke brought up a discussion on a resolution that has been sent from the Utah League entitled "Agreement and Resolution to the Amended Interlocal Agreement of the Utah Local Government Trust." Attorney Coffman stated that he needs to look into the resolution further and hasn't had an opportunity to do so yet. Mr. Coffman informed the Council and stated that the Mayo City water situ - is aware that the City made an application for permanent ation discussed. change of water use from existing wells and springs to include the Corbin well. He further stated that a hearin regarding the use of the Corbin Well will take place in November and he anticipates a fair amount of opposition. He informed the Council that for the City to be in a better position at that hearing, they should conform to the legal requirements that all water sources be metered with the proper meters and also that water level measurin devices be installed so that the City can be in full compliance with the law and thus strengthen the City's position at the hearings. He stated that he and Bud Stocks went and talked with Mr. Jolly and other well owners in the area and they had signed a paper stating that they agree to give the City temporary rights to operate the Corbin Well as long as it was approved by the State Engineer. He went on to say that Mark Page of the State Engineer's Office in Price called this afternoon and the State Engineer had issued a memo giving the City the right to use the Corbin Well for ten hours a day, providing that all water sources are properly metered. This would mean taking some of the wells out of production. Mr. Coffman further said that an City sources need accurate dailty record of the wells needs to be maintainer. to be metered. He stated that four wells and three springs need the dept measuring device and Well N9 is the only unmetered well. The Council agreed that these matters need to be done and requested that they be carried out as soon as possible. Attorney Coffman stated that the hang gliding committee has a stipulation for $500,000 worth of insurance and that the second $500,000 worth was verbally committed to him today. He further stated that he will try to have it by tomorrow and present it to the Mayor. It could be for $1,000,000 to $5,000,000 worth of insurance. He stated that an agreement for the insurance must be signed by the City, simply because the City is named as the spons.r of the tournament. Councilman McDougald moved that the Mayor be authorized to sign the agreement. Councilman 12 Ray Stratton's home clean up. Water situation discussed further. MaJority of meters working. Possible use of water from treatment plant for irrigation Further report next meeting. Dalton reports on upcoming tournament. Al Berna requests approval of subdi- vision. Contractors are bypassing meters. Sheldon Hefner had applied for license to operate vending truck. Bill from Management Services. Peterson seconded the motion and it was approved unanimously. He further reported that water for the tournament has been arranged for from a source other than the City. Attorney Coffman stated that he has gone by Ray Stratton's place and can see that he is attempting to clean it up. He has also heard that the property is being sold. He stated that he intends to pursue the matter. Mayor Jacobs introduced Bud Stocks, Utilities Superintendent, and Don Robinson, Shop Clerk, and encouraged the Council to ask them any questions they may have. Councilman Wiseman asked and Mr. Stocks stated that he didn't feel that the City would have been in any better shape had the water sources all been metered because of how unsophisticated the entire system is. Discussion took place concerning water rationing and what may be used and expected in the future. Councilman Wiseman stated that he feels that some sort of affirmative action program needs to be initiated to try to avoid water shortages in the future. Mr. Robinson referred to his report concerning the City's water condition which had been handed out to members of the Council. He also reported that there were 88 water meters that needed to be replaced and that they have already replaced 104. The possibility of using water from the treatment plant for irrigation and the like was suggested by the Mayor. He also suggested the possibility of drilling a shallow well to water the new City park and take the park out of the system. Attorney Coffman suggested that groups of neighbors could go together and drill a well to irrigate their yards and split the costs. City Engineer Keogh was instructed to file an application for the City for water rights to a new City park well. . The Mayor stated that he and Mr. Stocks will give a further report on the City's water, rationing, etc. at the next Council meeting. It was decided that for the present time, the citizens will be allowed to water for two hours each day, from 7:00 to 9:00 a.m. for the people west of main and from 5:00 to 7:00 p.m. for the people east of main. Chief Dalton came before the Council and wanted to know if he would have the authority to make decisions giving exceptions to different items during the hang gliding tournament, i.e., later hours for the bars and sleeping in the park. He stated that the Police Department is fully prepared for the upcoming tournament. Members of the Council stated that the Chief should be given the authority to make these kinds of decisions during the tournament. Mr. Bretzke stated that he had a request from Al Berna to give a letter of approval on his subdivision so that he can get started with Veterans and FHA approval. He is only missing the street paving in his subdivision. The Council turned his request down, saying that they cannot give approval until the subdivision is completed. Mr. Bretzke stated that he has been made aware that certain contractors in town are bypssing meters when building homes and running their pipes straight through and are therefore using water that they are not paying for. It was discussed that possibly a ten dollar fee could be attached to the price of the building permits. Members of the Council also stated that it is such a small amount of water being used, that this was not necessary. Mr. Bretzke stated that Sheldon Hefner had applied for a business license to operate a catering truck. It wasn't clear if he wanted this permanently or just for the hang gliding tournament or whether he would be operating in the City limits at all. Mr. Bretzke was instructed to find out exactly what Mr. Hefner's intentions are concerning his vending truck. Mr. Bretzke stated that the City had been billed $1168.28 by Management Services for some work that had been done by them. He asked whether the Council would approve the paying of it. Councilman Wiseman moved that the bill be paid and that it be the total and final bill. Councilman Peterson seconded the motion .nd it_was._anarommsd_unanimousl1c, Councilman McDougald left the meeting at this point due to illness. 413 McDougald left meeting. Councilman Tomsic referred to the recent meeting of the committee that discussed the keeping of small livestock in town. She asked if the ordinance was going to be enforced since the committee had voted to make no changes in it. She was told that it was. Councilman Tomsic moved that the bills be approved to include the bill to Management Services for a total of $26,958.60. Councilman Wiseman seconded the motion and it was approved unanimously. Councilman Wiseman questioned what was finally decided regarding water/sewer hookups. Attorney Coffman stated that the City's position would be that if the builder made some good will gesture of commencing his project, he would be allowed the hookup without charge. Otherwise they would be charged the same fee as new subdividers. Councilman Wiseman noted from Mr. Leon Stock's monthly report that there were only two dog citations given in three months. He stated that Mr. Bretzke should call in Mr. Stocks and tell him that he should be issuing more citations because the dog situation is getting continually worse. Councilman Peterson asked if the spraying for tent caterpillars had been done. Mayor Jacobs stated that the entire City had been sprayed. Councilman Peterson stated that he has heard of a company in Garden City, Kansas, that will come to differe cities and drill wells for water and then sell the water to municipalities. He stated that he will pursue the matter further. Members of the Council encouraged him to do this. Mayor Jacobs informed the Council that he had received a bill for $1062.06 from Jack Corbin to pay for a burned out pump and the deepening of his well which he claims he had to do because the City had pumped him dry with the Corbin well. He stated that the well is within 70 feet of the City's well and that Mr. Corbin is one of the major protesters in the water hearings. Attorney Coffman stated that if the City paid the bill, it might help the City's position when the hearings in November are held. Councilman Barker molded that the City pay the bill. Councilman Peterson seconded the motion. Councilman Tomsic voted against the motion and Councilmen Peterson, Wiseman, and Barker voted for the motion. The motion carried. The meeting adjourned at 11:55 p.m. ATTEST: APPRED: /if aoe aro , Ca7ty Recorder Committee on keeping small livestock. Bills approved. Final decision on W/S hookups. Dog citations need to be increased. Spraying for caterpillars complete Water drilling t company. Paying of bill from Jack Corbin for his well. 414 CITY COUNCIL Regular Meeting. Attendance. Minutes approved. Bud Stocks gives report on water. Water rationing changed. Minutes September 19, 1978 A regular meeting of the Moab City Council was called to order at 8:02 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Barker, Peterson, Wiseman, McDougald and Tomsic. Also present were City Administrator - Recorder Bretzke, City Engineer Keogh, Chief of Police Dalton, City Attorney Coffman, Secretary Sandy Cresswell and seven citizens. Councilman Barker moved that the minutes of the September 5, 1978 Council meeting be approved with the correction of the spelling of the word 'per diem'. Councilman Tomsic seconded the motion and it was approved unanimously. Utilities Superintendent Bud Stocks gave a report on the current water status of the City. He stated that the situation is not nearly as critical as it was a few weeks ago but that the water still needs to be watched. Also, the springs have actually picked up production because of the water rationing. He further reported that only eight of the meters in the entire system are not functioning at this time and will be soon. He stated that the meters are coming forkthe water sources and should take not more than three days.to.install. The water rationing situation was discussed and Councilman Tomsic moved that the rationing be changed to every other day for each side of Main Rtreet and on a ten day trial basis with no stipulation as to hours. Councilman Barker seconded the motion and it was approved unanimously. The west side of Main will water on even days and the east side on odd days. Leaflets to be Mr. Bretzke showed the Council some leaflets that could be used included with water to mail with the water bills showing ways of conserving water. bills. He stated that it would cost $225 to include the brochures with one water billing. The Council members stated that they were in favor of them and looked the brochures over to choose one. No action was taken at this time. Don Robinson gives Don Robinson from the City Shop came into the meeting and stated water report. that he had just finished a water production study by observing the meter readings. He stated that when a well is pumped continuously 24 hours per day that it has a 30% capacity loss. Mr. Stocks stated that if the use of the wells is balanced as he intends it to be, the 30% loss can be avoided. Water usage of sewin.Councilman Barker asked M.r Stocks to find out for her what the plant. water usage of the sewing plant is because another industry is contemplating coming to Moab if the cost isn't too great. Pumping of Corbin Councilman McDougald stated that he felt that as long as the City Well discussed. has a permit to pump the Corbin Well 10 hours per day they should use it or else they might possibly lose it. Attorney Coffman stated that he disagrees with this statement because the permit as issued because of a temporary emergency situation and should only be used for that reason. Members of the Council discussed this matter and agreed that they should follow the advice of their legal counsel because it is he who will have to represent the City at the hearing. Mr. Coffman stated that some sort of program ill have to be initiated for the municipal water program to run from une 30 to September 1 which is the same period that the irrigators y the Corbin Well pump the most water. r. Coffman went on to say that he is trying to get the rights to pump the Corbin Well as a routine administrative decision instead of going to court and fighting for them. He stated he feels that if he City takes the lead by installing the proper metering devices and lso by initiating some sort of water rationing program, it will be in a much better position at the hearings. New well for City ayor Jacobs stated that he has obtained a ballpark figures for park proposed. new 100' well to pump subsurface water for irrigation of the ity park of $1500 to $2000. He also stated that he is in favor f using the media to educate the public in ways of water onservation. 415 M M U V A follow-up of the awarding of the bids for the auditing services was next on the agenda. A letter as requested in the last Council meeting had been received from David White of the Orem firm and members of the Council were given copies. Councilman Peterson stated he feels the work should be done locally and moved that the bid be awarded to the firm of Ronald L. Auger. Councilman Barker seconded the motion. Councilmen Peterson, McDougald and Barker voted for the motion and Councilmen Tomsic and Wiseman voted against the motion. The motion carried. Members of the Council expressed concern that if the City is going to stick with local people to have work done that the local people should be required to be competitive with their prices. Mr. Bretzke stated that the resolution has been altered satisfactorily concerning the Utah League of Cities and Towns handling the employees' life insurance. Councilman McDougald moved that the Mayor be authorized to sign the resolution. Councilman Wiseman seconded the motion and it was approved unanimously. Mr. Bretzke informed the Council that the County Commissio had approached the City and would like to buy a 66' wide strip of land in the valley to trade it for a right-of-way in order to construct a connecting road through Canyonlands Estates Subdivision. Councilman. Wiseman moved that the matter be tabled until the Council has a chance to make an on -site inspection and get more familiar with the situation. The meeting was set for Thursday morning at 9:30 a.m. Mr. Keogh stated that he will accompany the Council. Mr. Bretzke informed the Council that two men from the EPA in Denver came in the office and stated that Moab City will have to have an Environmental Impact Statement done by the EPA In Denver as a piggyback study to the 201. The study will cost approximately $80,000 and will be funded entirely by the EPA if they are allowed to choose the engineers and will be funded 25% by the City if the City chooses the engineers. The EIS would take at least a year to complete. Mr. Bretzke stated that he didn't feel this study was necessary and looked like a waste of taxpayers' money, simply to use surplus funds. Members of the Council agreed. Councilman Barker moved that the Mayor write a letter to Mr. Alan Merson, the Regional Administrator in Denver, and tell him that the City oppose this study being made. Councilman Tomsic seconded the motion and It was approved unanimously. Mr. Bretzke informed the Council that the work on the Mill Creek Road project is underway and a portion of that contract is within the City limits. Mr. Art Chidester of the Utah Department of Transportation had talked with him about the City getting involved in the completing of the pavement from 4th East to the Mill Creek Bridge. It would be a 36' wise strip of paving and 3017' in length. Mr. Chidester also suggested that both sides of the street have curb and gutter installed. Mr. Bretzke went o to say that applications are pending with UDAG for a grant to put irrigation pipe on the south side of the road and also for the sidewalk from the bridge to 4th East Street. He also stated that.it would be possible to use Collector Road and Class C Road funds to pay for this work. He stated that the Council should give some thought to going this way. Mayor Jacobs stated that he is opposed to putting curb and gutter along both sides of the street. Mr. Bretzke stated that it would take a year to set up a Special Improvement District and thatme should know on the UDAG grant next month. Mr. Coffman and Mr. Bretzke introduced the following sections of the City Code which need re -written: 1. General Criminal Code, Section 16-1 to 16-8 of the Traffic Code, and Chapter 17. Auditing Services bid, Bid awarded to firm of Ron Auger. Council concerned about awarding local bids. Resolution for life insurance okayed. County Commission wants to purchase City's property. EPA in Denver says there should be an EIS with the 201 Mill Creek Road paving project Parts of City Code need re -written. 2. Zoning Ordinance to allow flag lots. Section 27-2-2. "Definitions." Also Section 27-3. A section will have to be added. 416 Officers need to patrol McGill more. UDAG grant applica- tion. Water lines in older trailer parks discussed. Recent visit of Ray Alger concerning work of Inspector checked on. Appearance of City park. Grass by Visitor's Center could be replaced. signs for the land by golf course. 3. Procedure for shutting off water in municipal services. Chapter 26-66. 4. The ordinances concerning itinerant merchants. Mr. Bretzke recommended that the $500 rate be brought down to a figure comparable to local merchants. 5. Redemption of dogs. Section 4-30.(Doubling of rates) Attorney Coffman stated that all of these sections need revision and wanted the Council's okay to go ahead and prepare drafts of proposed changes. The Council was in agreement that he should proceed with this. Councilman Tomsic informed the Chief of Police and the Council that an officer needs to patrol McGill Street more often. She also stated that there needs to be a Stop or Yield sign put on Taylor and McGill. The Mayor informed the Council that the sign from the Safer Off -System Road Program will be going in soon and Mr. Bretzke stated that it does include a Yield sign on that corner. Councilman Barker asked if the entire grant application to UDAG had gone to Washington/D.C. She was informed that the entire request for $1,600,000 went in. She went on to ask if the three items which had been strloken from the grant application by the representatives from Denver were resubmitted as the Council had voted. Mr. Bretzke stated that the grantsman had recommended leaving them out but he would check if they had been included. Councilman Barker went on to say that if they were not resubmitted, this information should have been brought back to the Council. Councilman Barker stated that she has had complaints from citizens that there isn't adequate water pressure in the lines going to newer trailers which are more elaborate than older ones but are located in old trailer parks. She asked if something could be done to enlarge the lines going into the older trailer parks. She was informed that the trailer court owner would be responsible for this. She questioned whether the Building Inspector could be consulted and could request that adequate lines be installedi She was told that the Inspector and Dave Johnson should be contabted to look into this matter. A citizen was present and asked about the procedures and costs involved in enlarging the waterline located in a trailer park. Mayor Jacobs stated that the matter will have to be looked into further and he would call her when a conclusion is reached. Councilman Wiseman asked about what follow-up had been done concerning Mr. Alger's recent visit to the Council with complaints directed at the work of the Building Inspector. Attorney Coffman informed him that the manufacturer of the trailer houses has posted on the trailer the minimum size of voltage or amporage which should be in a trailer. The State Code Office takes the position that the hook-up must match the minimum standards set by the manufacturer. He further stated that that Code does not state this expressly but Mr. Brundage was simply enforcing this standard and was not out of line. Councilman Wiseman asked Mr. Bretzke what steps will be taken to improve the appearance of the park for next year. Mr. Bretzke stated that they are watering it extra heavily right not but nothing else is particularly planned. Councilman Wiseman suggested that the park needs replanted and Mayor Jacobs stated that grass is growing back in places that were bare. He also stated that the City needs to hire someone to trim the trees. Councilman Barker stated that the grass by the Visitor's tenter should be replaced with something that requires no watering or care because the grass is not used. Councilman Peterson asked about the gate and "No Hunting" signs which Mr. Baughman had recently requested be put up by the golf course. The Mayor and Bud Stocks informed him that a gate had been put in there and had been drug out by someone with a four-wheel drive who tied something to it and tore it out. They have replaced it with steel and concrete so tht it cannot be removed again. Also, all keys have been distributed to property owners in the area. 41 7 M da Q U V Mr. and Mrs. Mark Beeson came before the Council and complained about the drainage in Robin's Nest Subdivision, a subject which had been briefly discussed at the last Council meeting. They said that they had contacted Delber: Oliver and he said that it would be too expensive a project for him to do anything about it now. City Engineer Keogh reviewed the history of Mr. Oliver's subdivision. Council- man McDougald moved that the matter be turned over to the City's legal counsel for further action. Councilman Wisema seconded the motion and it was approved unanimously. Attorney Coffman stated that the City could possibly do the work and then bill Mr. Oliver for the installation of some sort of drainage. Mayor Jacobs stated that the Edwards' had a shed out at the old City Park to house the ducks and geese'and thatit had been blown over by the wind. The Mayor stated that the Edwards had requested a shed to house their equipment at the park and the Mayor suggested getting two sheds, one for the fowl and one for the tools and equipment. He stated that he has looked into getting the two sheds from Don Knowles and recommends buying them. Councilman Tomsic moved that the two sheds be purchased for the park but that the one for the fowl be something other than metal. Councilman Wiseman seconded the motion and it was aroved unanimously. It was discussed thaC the shop teacher at the high school could be contacted and maybe the shop class could build a nice shed odt of wood. Drainage in Robins' Nest discussed. n Matter turned over to legal counsel. Councilman Tomsic noted one change in the bills -- the check to Curley's Glass and Radiator Service should be $174.89 instead of $18.80 making a total of $20,024.55 fron General fund and $2,983.50 from Revenue Sharing. She moved that the bills be approved as corrected. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Wiseman moved that the meeting adjourn. Counci' man Peterson seconded the motion and the meeting adjourned at 10:25 p.m. ATTEST: G. Stocks, City Recorder CITY COUNCIL Special Meeting September 26, 1978 A special meeting of the Moab City Council was called to order at 5:40 p.m. in the City Council Chambers, Moab City Hall. Mayor Jacobs had notified KURA Radio and Town Television of the meeting. Present were Mayor Jacobs, Councilman Tomsic, Barker,. Wiseman and Secretary Sandy Cresswell. The purpose of the meeting was to discuss the resignation of the present City Administrator -Recorder and the hiring of a new man for the position. Councilman Tomsic moved that the Council appoint Bud Stocks to fill the position of City Administrator -Recorder and the supervisor of the Utilities Deparrment on a three month probationary period at the rate of $15,000 per year to become effective October 1, 1978. Councilman Barker seconded the motion. Councilman Tomsic voted "yes." Councilman Barker voted "yes." Councilman Wiseman voted "yes." The motion was approved unanimously by all present. Mayor Jacobs informed the Council that a former police car Shed for ducks and gees at old City Park. Bills approved. Special meeting. Attendance. Bud Stocks appointed as Administrator. 4I 8 Stocks to get old police car for use, (a 1972 Ford Galaxie) was being readied for Mr. Stocks' use in performing his City duties. New Shop Clerk. Bretzke's severance pay. Adjournment. Regular Meeting. Attendance. Minutes approved. Beer license request for GoFer N4. Resolution i18-78. Resolution #9-78. The Mayor informed the Council that a new Shop Clerk had been employed as Don Robinson is now doing other work for the City. The matter of David J. Bretzke's resignation was discussed and the amount of vacation time he is entitled to was also brought up. It was decided that Councilman Tomsic and Mayor Jacobs would get with Judy Marshall and look over the records and decide how much vacation pay Mr. Bretzke will receive. The meeting adjourned at 6:02 p.m. ATTEST: G. Stoc'2 ity Recorder CITY COUNCIL Minutes October 3, 1978 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Tomsic, Peterson, McDougald Wiseman and Barker. Also present were City Administrator -Recorder Stocks, City Engineer Keogh, Secretary Sandy Gresswell, and one citizen. Councilman Barker moved that the minutes of the regular meeting of September,19; 1978 be approved. Councilman Tomsic seconded the motion and''lt was approved unanimously. Councilman Tomsic moved that the minutes of the special meeting of September, 26, 1978 be approved. Councilman Wiseman seconded the motion and it was approved unanimously. The request for a beer license from Larry D. Clark dba GoFer Foods #4 was considered. The Chief of Police had submitted a report on Mr. Clark finding no reason why the beer license should be denied. Mr. Stocks informed the Council that the application was improper because it was made only in the name of Mr. Clark but was for a corporation. He stated that the City Code calls for a separate application for each officer of the corporation and that an investigation should be made on each officer. Councilman Tomsic moved that the beer license be approved if and when the proper documents are submitted. Councilman Barker seconded the motion and it was approved unanimously. Resolution N8-78 was considered. The resolution concerned appropriations and expenditures for the liquor law enforcement program. Attorney Coffman explained that the money comes from the State and is distributed from the State liquor profits on the basis of population. Some confusion was had concerning the resolution and Councilman Tomsic moved that the resolution be tabled until the Council has more information. Councilman Barker seconded the motion and it was approved unanimously. Resolution #9-78 was considered concerning the appropriation of funds ($2,852) from the Utah Department of Community Affairs to Grand County and the Grand County Housing Authority. The City would donate this money to the Authority for them to use to winterize senior citizens' homes. Councilman Wiseman moved that the resolution be approved. Councilman Peterson seconded the motion and it was approved unanimously. 419 RESOLUTION No. 9-78 WHEREAS, the City of Moab is eligible to receive $2,852 from the appropriation of the Utah Department of Community Affairs from the State's $750,000 appropriation for Low -Income Housing Act of 1978; and WHEREAS, the purpose of these funds is to provide housing assistance to Utah's low-income households, and WHEREAS, the program is a continuation of previously funded low-income housing appropriations,. and is allocated on a formula basis to eligible cities, towns, counties and housing authorities, and WHEREAS, previous Moab City eligible appropriations were re -distributed to Grand County and Grand County Housing Authority, NOW THEREFORE, BE IT RESOLVED that the City Council of Moab City resolves that said eligible funds should be CeD paid to Grand County and the Grand County Housing da Authority. Cr) Passed this 3rd day of October, 1978. U U /s/ Harold Jacobs, Mayor ATTEST: /5/ G. Stocks, City Recorder Councilman Barker asked the Mayor about the status of the applications for funds from the Bureau of Outdoor Recreation for the golf course expansion and the proposed swimming pool. She stated she had been told that the House Just passed a $360,000,000 bill for the BOR to distribute and that Utah should get 10%. Mayo- Jacobs stated that when he was in Salt Lake he checked on the status of the application and was unable to get any further information, either favorable or not. Councilman McDougald reported an the actiohs ofl the Utah Criminal Justice Administration of which he is a member. He had just returned from one of their meetings in Salt Lake and stated that he finds it quite interesting. He also stated that he is on another subcommittee in the juvenile department. He told the Council that all rulings of the Criminal Justice Administration are sent down through the criminal system. Councilman Barker commended Administrator Stocks on the find job he did in explaining the City's water problems to the Chamber of Commerce at noon this day. Councilman Tomsic_asked when the street signs will be installed. The Mayor and Mr. Stocks informed her that it will start on October 4 tomorrow. Councilman McDougald informed the Mayor that the City could buy plastic "No Hunting" signs very inexpensively to post in the City's property by the golf course. He urged that the area be posted soon. Councilman Tomsic stated that the Priest of the Catholic Church had talked to her about building a carport onto the Church to protect his car in bad weather and so that the Priest will be able to leave the Church quickly in the winter. She stated that the Church gave the right-of-way for the street to the City in the first place and she felt that the City should in turn give them the permit to build the carport without going Resolution 9-78. Grant applications from BOR. Utah Criminal Justio Administration mtgs. Stocks spoke at Chamber meeting. Installation of the street signs. NO HUNTING signs. Carport at Catholic Church 420 Paving of Mill Creek Drive Bills approved. 4djournment. Regular meeting. Attendance. Correction and approval of minutes. Delinquent water bills. through the Board of Adjustment. Engineer Keogh stated that he could find no record of the street property being anything other than a right-of-way and felt that the Church could not build a carport where they have proposed to. Mayor Jacobs stated that he and Mr. Stocks will go to the Church and measure it off and see what solution can be reached. Mayor Jacobs brought up the subject of the paving which is being done on Mill Creek Drive and stated the County Commission feels the City should pave from 4th East to the Mill Creek Bridge. Also, the City should be able to fund it with Collector Road funds and that the City has applied for other funds. He stated that he feels a covered irrigation ditch could be installed on one side of the street. Also, he stated -that Art Chidester of the Utah Department of Transportation-is:working with the City, the Mayor, Mr. Stocks and Mr. Keogh on the project. The Mayor said that because of the cold weather, the coming of Winter and all the many details of the job that he recommends that the project not be started until next Spring. Councilman Wiseman asked Mr. Stocks if he agrees. Mr. Stocks said he did because there are some extenuating circumstances. Also, he recommended curb and gutter on the South side of the street but not on the North, that the North side should be allowed to use its natural drainage. Councilman Tomsic moved that the bills be approved with the addition of $18 for a motel room, which bill Councilman Barker had submitted to the City two months ago but it has not yet appeared on the bills list. This made a total of $23,047.31 from General Fund and $4,815.29 from Collector Road fund. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Wiseman moved that the meeting adjourn. Councilman Peterson seconded the motion and the meeting adjourned at 9:15 p.m. ATTEST: G. Stock CITY COUNCIL Minutes October 17, 1978 A meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen McDougald, Peterson, Barker, Tomsic and Wiseman. Also present were City Attorney Coffman, City Engineer Keogh, City Administrator Stocks, Secretary Sandy Cresswell and two citizens. Councilman Tomsic corrected the minutes of the Council meeting of October 3, 1978 to strike the words " . . . and the Church members' cars . . ." Councilman Wiseman moved that the minutes be approved as corrected. Councilman Peterson seconded the motion and it was approved unanimously. City Administrator Stocks stated that some water users who had large and/or Jery delinquent bills had been sent certified letters informing them that they had the right to come before the Council and show cause why their water should not be turned off at this time. None of the people to whom a letter was sent were present. Mr. Stocks stated that he will proceed to turn off their water tomorrow. Councilman Wiseman asked if there weren't many other delinquent bills. He was informed that there were and that Mr. Stocks would be taking steps to collect on those bills. 4 2 1 Mayor Jacobs informed the Council that Flois Wells had Flois Wells request called him numerous times about a tree in front of her to have tree cut yard which she calls a trash tree and which she claims down. drops unclean things in her yard. She had requested that the City cut down this tree because it belongs to them. Councilman Wiseman stated that as had been done in the past, the matter should be passed over until Mrs. Wells is present and voices her request in person. Mr. and Mrs. Tony Bisco came before the Council and Biscos request requested permission for their son and his band to put on permission to hold a dance at the Legion Hall in November. They stated dance at Legion Hall that they will be present to chaperone and the dance woul� be open to the police. Also, there would be no alcohol sold or consumed inside the dance hall. Mr. Stocks and Attorney Coffman informed them and the Council that it is illegal according to the City Code to hold a public dance without proper licensing of the hall, etc. It was discussed and members of the Council suggested that the Biscos contact the American Legion and see if they would agree to sponsor the dance and thus make the dance legal because it would not be a public dance. Mr. Coffman stated that he would talk to Chuck Nelson of the American Legion. Mayor Jacobs told the Biscos to call him the first part of next week for an answer. G� �Connie Caouette and A.J. Coffman of the Hang Gliding Hang Gliding Committee made a presentation of the hang gliding Tournament report. j tournament held during September and stated that it had U been a "break even" event up to this point. They showed the Council different photos and clippings from the event and stated that Moab had received well over a million dollars worth of publicity through the tournament. They stated that they had been contacted to include the meet with four other meets in the future and plan to make it an annual function. Mr. Coffman stated that even though the event didn't make money this year, if they had, it would have gone into a fund for the Community Center and if the City continued to sponsor the meet, it would do so in the future. Mr. Caouette stated that they intend to put the meet on next year on October 4-14 and that it will be held at Dead Horse Point again and asked the Council if they would be willing to sponsor the meet again. Councilman Wiseman stated that he is inclined in that direction. Councilman Barker stated yes. Mayor 4 Jacobs stated that h hasn't backed out an anything yet but he doesn't want to make a decision tonight. But, there are some decisions you have to make Connie. Council an Tomsic stated that she would be in favor. Councilman McDougald stated that he would be in favor and commended the work and efforts of the committee. Councilman Peters. stated that he was in favor also. Attorney Coffman state that he will draw up a document for the City to sponsor t meet next year. Administrator Stocks reminded the Council that they had tabled Resolution N8-78 at the last Council meeting until they had a more clear understanding of it. He explained the resolution and stated that it was for the liquor law enforcement allotment which Moab City would receive. Councilman Tomsic moved that the Council pass Resolution N8-78. Councilman Barker seconded the motion and it was approved unanimously. RESOLUTION NO. 8-78 WHEREAS, the Mayor and City Council by resolution adopted a budget at their Special Meeting held June 30, 1978, for the fiscal year commencing on July 1, 1978 and ending June 30, 1979; and WHEREAS, the Mayor and City Council has documented a line item appropriation to the Public Safety Department for expenditure on liquor law enforcement programs and projec for the prevention, detection and control of violations of liquor laws and violation of Chapter 6, Title 16 (Utah Code) as it relates to storage or consumption of liquor on premises maintained by social clubs, recreational or athletic associations or kindred associations; and Resolution #8-78 approved. 422 Meeting scheduled for Bullick Subd. property owners. Street sweeper schedule. Ray Stratton law suit. Bills discussed and paid. WHEREAS, the City Auditor is instructed to maintain internal subsidiary control records to identify expenditures applicable to the above noted programs and projects; and WHEREAS, the appropriation exceeds the following amounts: Liquor Law Enforcement Allotment General Fund 25% Matching Funds Total Appropriations 4,524.80 1,131.20 5,656.00 NOW THEREFORE, BE IT RESOLVED that the appropriations and expenditures for liquor law enforcement programs is as follows: Current Year Prior Year Salaries and Wages 15,280 11,915.43 Employee Benefits 4,584 2,807.32 Subscriptions and Memberships 15 3.15 Office Expenses and Supplies 15 97.02 Travel 150 62.91 Equipment Supplies and Maintenance 1,650 1,495.08 Telephone 90 -- Special Departmental Supplies 900 903.65 Professional and Technical Services 128 15.07 Services - Other 2,100 1,787.55 TOTALS 24,912 19,087.18 Passed this 3rd day of October, 1978 /s/ Harold Jacobs, Mayor ATTEST: /s/ G. Stocks, City Recorder At the direction of Attorney Coffman, Administrator Stocks informed the Council that he has asked the property owners in theiarea where Mrs. Bullick sold property to meet with the Council in informal session to see what the City should do with regard to the building permits, etc.,and what the City expects the citizens to do with regard to improvements, etc. He explained that the property has been unlawfully subdivided and that the City has tacitly accepted it. The Mayor asked that each of the Council members drive by the property some time before the meeting which is set for Thursday, October 26, 1978 at 8:00 p.m. in the Council Chambers. Councilman Wiseman stated that when the street sweeper came down his street, he was unable to sweep at least one-third of it because there were vehicles in the way. He suggested that a regular schedule for the street sweeper be set up and that it be advertised and the citizens be requested to move their cars during this particular time. The Mayor suggested that the police go out in the police cars and announce it just before the streets are going to be swept. Councilman Wiseman and Mr. Stocks will get their ideas together and try to reach a solution. Councilman Wiseman asked Mr. Coffman about the individual on 3rd East and asked if a law suit was in the making. Mr. Coffman stated that he will pursue the matter. Councilman Tomsic moved that the Council pay the bills as presented for a total of $22,674.26 from the General Fund and $480.00 from Revenue Sharing. Councilman Wiseman seconded the motion. Councilman Wiseman questioned the bill listed as a $15,COntribution to SOCIO. He stated that he does not approve of it because he doesn't think it belongs in the realm of City contributions. Councilman McDougald also stated that the City doesn't belong in this area. Mr. Stocks explained that it was simply a donation made to a gentleman representing SOCIO made out of the Miscellaneous Contributions fund. Councilman Tomsic amended her motion and Councilman Wiseman seconded the amendment to read that donations such as the one made to SOCIO should in the future be reviewed by the City Council prior to the making of the donation. The motion with the amendment was approved unanimous. Councilman Barker reminded the Council of the meeting on Wednesday night concerning the budget of the Travel Council and other related items. 423 Council invited to attend mtg. of Travel Council. CrD CrJ c.� U Councilman Barker asked if any solution had been reached with regard to the recent question she raised about the inadequate water lines in older mobilb home parks. Mr. Keogh stated that he has talked with Dave Johnson about it who said that he doesn't know where his authority starts and stops with regard to requiring mobile home park owners to upgrade their water lines. He stated that Mr. Johnson will chedk with his superior. County Commissioner Leo Burr came into the meeting. He asked the Council what their decision was with regard to the Commission's recent request that the City sell a 60' strip of property by the City wells to the Commission They would in turn trade it to Mr. McDougall for another 60' strip to put a road through his property. The Mayor and Councilman McDougald told Mr. Burr that the Council had looked at the situation out there and does not want to sell this property, especially because the property t would be selling would not be used for the road itself. Members of the Council also stated that they were oppose to his request. Mr. Burr left the meeting at this point. Councilman McDougald showed the Council a letter from Mery Lawton to the television station complaining of poor television reception in the area of his home and requested that the City see if they could help in any wa because the City holds the franchise with the TV station. Mr. Stocks stated that he would survey the neighborhood and see if the problem is in more homes than Mr. Lawton' and then talk to Jeff Sullivan, Manager of Town Televisi� and see if something can be done. Councilman Peterson moved that the meeting adjourn. Councilman Barker seconded the motion and the meeting adjourned at 10:15 p.m. ATTEST: Mayor G. Stocks, ity Recorder CITY COUNCIL Minutes November 7, 1978 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Courtroom, Moab City Hall. Present were Mayor Jacobs, Councilmen Peterson, McDougald, Tomsic, Wiseman and Barker. Also present were City Attorney Coffman, City Engineer Keogh, City Administrator Bud Stocks, Joe Gelo, Michael Ashcraf Bill Davis, Larry Nixon, Roger Sanderson, Ivan and Sharon Dial, Mr. and Mrs. Al Berna, Dan Holyoak and Sandy Cresswell, Secretary. The minutes of the Council meeting of October 17, 1978 were corrected to correct the spelling of Connie Caouette's name and also to add to Paragraph One of Page Two the Mayor's entire statement, "I have never backed off of anything yet. I don't want to make a decision tonight. I think there are decisions you are going to have to make, Connie." Councilman McDougald moved that the minutes be approved as corrected. Councilman Wiseman seconded the motion and it was approved unanimously. • Inadequate water lines in mobile home parks. Leo Burr checked on City's decision to sell property. Y Letter from Mery Lawton concerning TV reception. Adjournment Regular meeting. Attendance. Minutes approved. 424 Delinquent water bills. Rezoning request of Larry Hixon. There were no citizens present to discuss their delinquent water bills. Administrator Stocks explained that citizens with overdue accounts are sent letters telling them they have the right to come before the Council and explain why their water bill is not up-to-date. Also, this item will be on the top of the agenda each time until bills are caught up to a point making it unnecessary. Larry Hixon's rezoning request was considered. He had appeared before the Planning Commission requesting rezoning of his property located at 153 East Third North from R-3 to C-2. The Commission had subsequently recommended re -zoning all the property from Mr. Hixon's to the highway in the same manner. Mr. Stocks stated that Mr. Hixon did not have a comprehensive plan for development when he made the rezoning request and also that the other property owners were not requesting the rezoning, and thus he recommended that the Council not concur with the recommendation of the Planning Commission. Councilman Wiseman so moved. Councilman Barker seconded the motion. Mr. Stocks went on to explain that Mr. Hixon has constructed an illegal building on the property without permits and inspections and that the building is also illegal in the present zone. Also, he and Mr. Brundage had made a cursory inspection of the building and had "red tagged" it, doubting that it would measure up to the Code. Mr. Hixon stated that he had a non -conforming structure already there and had built this structure because he needed more room for his work. He stated that he had recently applied for a building permit for his building which is now red tagged but had been turned down pending the outcome of the rezoning request. Councilman Wiseman moved the question. Councilman McDougall voted against the motion and Councilmen Tomsic, Barker, Wiseman, and Peterson voted for the motion. The motion carried. Mr. Mixon was instructed to come into the office in the morning and see if something couldn't be worked out to remedy his situation. Committee to conduct Joe Gelo came before the Council and distributed a letter from poll to see what his committee. He stated that he, Jim Wiseman, and Dixie Barker public's priorities were on a committee appointed by the Community Council for are. Senior Citizens to poll the local citizens and see where their priorities lie in regard to a Community Center or a Senior Citizens Center. He went on to say that the committee decided they weren't in a position to conduct the poll but had suggested an alternative. They decided to create a special purpose management group consisting of various community officials who would provide leadership to have the poll conducted, including the preliminary work. He stated that they would like the approval of the City Council on their plan and the nomination of a member of the Council to be on the committee. He stated that the County Commission had passed a resolution to support the project and had agreed to be the sponsor of it. Councilman McDougald moved that the City Council go on record in support of this particular project. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Peterson moved Dixie Barker appointeethat Dixie Barker be appointed to represent the City Council to serve on committee on this committee. Councilman Tomsic seconded the motion and it was approved unanimously. Approval of final John Keogh, City Engineer, requested that the Council give plat of Berna approval of the final plat of Berna Subdivision, subject to Subdivision. that same approval by the Planning Commisison who will meet this Friday. He stated he knows it is out of line but that he had been under the impression that only the preliminary plat approval was necessary from the Commission and that he already has that. Mr. Coffman requested that on this plat and on all other plats that are submitted that somewhere it indicate any utility easements and dedicates them to the City. Mr. Keogh stated that there had been a problem with drainage in the subdivision but that it had been rectified. Councilman Barker moved that the Council approve Berna Subdivision, contingent upon Mr. Stocks' checking tomorrow with Mr. Keogh on the storm drainage and also contingent on the approval of the Planning Commission this week. Councilman Tomsic seconded the motion. They added to the motion and the second that,the dedication of the easements be added to the plat, and also the necessary legal wording that Mr. Coffman recommended for rights -of -way. The motion was approved unanimously. Mr. Stocks requested permission from the Council that after these contingencies are satisfied, that he be allowed to issue the letter to Mr Berne stating that the City accepts the subdivision so he can satisfy the requirements of Farmer's Home Loan. Councilman McDougald so moved. Councilman Barker seconded the motion and it was approved unanimously._ Mrs. Berna was instructed to submit a letter requesting an audience with the Plannir Commission and bring it in to the office. Mr. Keogh stated that Rholand Murphy of Murphy Subdivisior requires a similar letter stating that the water installed in the subdivision is satisfactory. It has been installed for some time and has been inspected. Mr. Coffman informed the Council that if the City has adequate water, they are expected .to serve connections outside City limits. But, if there isn't adequeate water, the City has the right to serve its own citizens first. Councilman Wiseman moved that we dispatch a letter to the Murphy Subdivision saying that their water system m-ets the standards of the City Engineer. Councilman McDougald seconded the motion and it was approved unanimously. Engineer Keogh made a suggestion to the Council for their consideration. He stated that he had hired Don Bailey in his office and since his employment, he has become nearly a full-time inspector, mostly for the City but partly for the County. He stated that the price he bills the City for Mr. Bailey's work is higher than what he pays Mr. Bailey and since the City pays so much per month, they might consider hiring Mr. Bailey. OT Thus he would have better benefits and perhaps higher di pay and the City would have his services at a lower cost 00 to them. He said he had approached the County and they Q suggested that if this seems a logical and satisfactory arrangement, they would like theCity to pay him and submit a bill for their cost. Mr. Stocks questioned whether or not it wasn't the job of the Utilities Superintendent to make these inspections. Councilman Wiseman moved that -we table the suggestion until the City Adminisyati r comes up with who is responsible for making the -inspections. Councilman Tomsic seconded the motion. The motion was approved unanimously. Mr. Stocks stated that he had made the inspection of the Catholic Church with regard to Councilman Tomsic's recent request that the Priest be allowed to construct a carport onto the Church. He stated that he had suggested to the Church through Marge how it could be handled. He now suggested that the matter be taken from the City Council and that it be given to the Board of Adjustment for their ruling. Councilman Wiseman expressed concern that the case be presented to the Board for their decision without any favorable recommendations on the part of the City. Administrator Stocks stated that at a recent informal session, the Council had turned down the Building Inspector's request that he be allowed to attend a seminar on Seismic Safety and Building Officials. He stated he feels now that the Inspector should be sent because Harvey Merrell of the County Commission is putting on the seminar and should be spared the embarrassment caused by the absence of a representative from Moab. Councilman Tomsic moved that the Building Inspector be sent to the seminar. Councilman Barker seconded the motion and it was approved unanimously. Mr. Stocks informed the Council that we are having trouble obtaining a quorum for the Planning Commission meetings. He stated that the Chairman has resigned and other members do not always attend. He asked that the Council consider some suggestions to remedy the situation Mr. Wiseman suggested that a building contractor be put on to Commission to replace Mr. Gaither. The Mayor and Mr. Stocks said they would try to come up with a person for the job. Mr. Stocks stated that in addition to the problems of the Planning Commission, there are problems with irregular plats and otherirregularities in subdivision planning. He had distributed to the Council an outline which sets forth the steps in proceeding with a subdivision and also contains suggestions for setting up regular Board and 9 425 Murphy Subdivision sent letter also. Keogh recommends that City hire Don Bailey. Carport on the Catholic Church. Inspector to attend seminar on Seismic Safety. Difficulties with obtaining quorum for Planning Comm, mtgs. Subdivision proced- ures to be outlined. 426 Frank Hobbs had not been contacted yet. Lawsuit against Ray Stratton not filed yet. Collections on overdue bills. Sales tax. Swan, Inc. to be at dinner tomorrow - Councilmen invited. Transient merchants fees and license. Status of grant applications. Further grant application. Overdue business licenses. Commission meetings. He requested that the Council study it and be prepared to add their input and that he would present a total suggested packet at the next Council meeting. Attorney Coffman stated that the meetings of the Board of Adjustment and the Planning Commission should be regular because then they only have to be advertised once a year. Also, he stated that Mr. Stocks or a representative from the City should be present at all of these meetings to voice the stand of the City so that the Board and Commisison members have a basis to work from. Mr. Stocks stated that he is working on setting up a uniform form for plats to be used by all subdividers and will present it as well at the next Council meeting. Mr. Stocks stated that in the last informal meeting, the Council had requested that he contact Frank Hobbs with regard to the extension of the street in Hobbs Subdivision and possibly allowing him another large lot to offset the cost of the street. He stated that he has left messages for Mr. Hobbs to contact him but has not yet heard from him. Counselor Coffman apologized for not having the law suit against Ray Stratton filed yet and said that within two or three days, it will be. Councilman Tomsic asked how collections of past due accounts are coming. Mr. Stocks informed her that they are coming in good and that he is continuing to work on them. She asked specifically about Clarence Engstrom and was informed that he has come in and paid his water bill and his flat license fee. A discussion took place concerning the collection of the 2% sales tax for the City. Mr. Wiseman requested that Mr. Coffman find out if it is legal to be collecting the tax, and if it isn't, that it be discontinued. Mr. Stocks and Mr. Coffman will check into the matter. Councilman Barker informed the Council that representatives from Swan, Inc. will be in Moab tomorrow and that they will be taken around town and to meet various officials. She stated that there will be a dinner at the MiVida at 6:30 p.m. with them and invited members of the Council to attend. Councilman Barker brought up the matter of transient merchants' licenses and stated that they are supposed to be paying sales tax in addition to the $500 fee. She requested that they be required to do this and checked on to see that they do. Also, that the County be asked to come up with a similar charge to stop transient merchants from simply moving out in the County to set up. Mr. Coffman stated he feels that the $500 fee is discriminatory and could be challenged in Court. Councilman Barker asked about the status of the UDAG and BOR grant applications. Mayor Jacobs informed her that the City had recently been turned down on the UDAG grant but that it will be up for review again in February, and the City can re -apply by December 15. Councilman Barker stated that back in May the Council moved that the golf course improvements and the new swimming pool be put back in the grant application and she stated that since they weren't, they should be included this next time. The Mayor stated that they keep changing the requirements every time they call concerning the grants. Councilman Barker moved that somebody in the Administrative Office, whether it is the Mayor or Mr. Stocks, make the necessary contact and if it appears that these projects should be applied for, and because Moab is an eligible City and is ranged high, that we submit these particular projects. Councilman Wiseman seconded the motion and it was approved unanimously. The Mayor will call HUD and get a letter stating whether Moab qualifies on the swimming pool and golf course improvements. Councilman Barker called attention to a letter from the State Health Department referring to the grants and stated that she is encouraged by the letter and would like them resubmitted. Councilman Wiseman referred to the overdue business licenses and stated that Councilman Tomsic had tried to collect them once before and the Council hadn't stood behind her and she had had a very difficult time. He stated that members of the Council should show an interest in each others' problems. 427 Councilman Wiseman stated that he would like the matter of the %Z% tax looked into promptly and a report made as soon as possible. Councilman Wiseman brought up the subJect•of,Dogwood Avenue. He stated that seven different actions have been taken by the Council and that finally they moved that a barrier be put up on the Avenue. The Mayor informed him that the County graded the street and the City put gravel on it. He stated that the Fire Chief had opposed the barrier and that Ts why it wasn't put up. Administrator Stocks stated that he will put A barrier up unless he is told otherwise. He stated also that he will check with John Keogh and see how the road came into existence. Councilman Wiseman asked the members of the Council if th:y are going to continue to allow these kinds of resolutions and motions of the Council to go not carried out. He said it is ridiculous to make motions that former motions be carried out. Dogwood Avenue. Councilman Wiseman brought up the subject of the sewer Sewer line being :J line which runs out to the sewing factory and stated that used by District. d• it is currently being used by them. Mr. Stocks stated rvy that he wrote a letter to Mr. Gilger in the last week asking him how much the City is being paid for the use of the line. He read the contract which states the City U shall be the collector. Further, there are already three connections on the sewer line. Councilman Wiseman stated he feels some punitive action is in order. Counselor Coffman stated that he is also the attorney for the Improvement District and that they stand ready to pay the fees for the sewer use, retroactive to the time of connection. But, he said, they requested a cost of sewage use from the City and as of yet haven't received one. But as soon as they do, they will begin to pay. He stated that the sewing plant paid $1200 to the District to hook on to the line initially. Councilman Wiseman urged that a certain fee be set immediately and he felt that the District should come to the City, not vice versa. The Mayor stated that he and Bud are aware of the problem and have sent a letter which will hopefull get the wheels rolling to reach a solution. Councilman Wiseman moved that the bills be paid with the Bills approved. addition of a bill for $1003.14 from John Keogh for a total of $23,943.34. Councilman Somsic seconded the motion and it was approved unanimously. The Mayor asked the Council if they felt the City should Mayor and Mr. Stocks spend the money to go to Denver to apply for the third to go to Denver to go around on the UDAG grant. The Council was in pursue UDAG grant. agreement that he should go to Denver and that he should take Mr. Stocks with him. The Mayor asked Mr. Stocks to leave the meeting at this point. He stated that Mr. Stocks' salary only increased Mr. Stocks' to get $30 in take-home pay when he came up and took on the raise. added responsibility of Administrator and Recorder. He stated that he would like to see him get a raise and would hate,to see him discouraged. Mr. Coffman suggested that it should be understood that sometime in the future, if a Utilities Superintendent is hired, Mr. Stocks would have to take a cut in pay or at least a slow r schedule of raises, etc. Councilman Barker stated that the City has currently saved money by having him performing both jobs. The Mayor stated that he feels no more supervision than there currently is is needed at the shop. Councilman Barker moved that Mr. Stocks' salary be raised $150 per month, effective November 1, 19 8. Councilman Wiseman seconded the motion and it was approved unanimously. The meeting adjourned at 11:17 p.m. Adjournment. APPROVAL AND ATTEST ON FOLLOWING PAGE. 428 Regular meeting. Minutes approved. Attorney Coffman enters meeting. Bentley water connections given in County. Pete Byrd asks for amendments to Palisad Subdivision. Byrd proposed annexa- tion of more property by Palisade and in zoned as R-2. City must supply water to Byrd's farm to keep Skakel Spring Low income housing discussed. ATTEST: i G. Stocks, ecorder CITY COUNCIL Minutes November 21, 1978 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Wiseman, Tomsic, McDougald, Peterson and Barker. Also present were City Administrator Bud Stocks, City Engineer John Keogh, Secretary Sandy Cresswell, and Bill Davis from the Times -Independent. Councilman Wiseman moved that the minutes of the Council meeting of November 7, 1978 be approved as presented. Councilman Tomsic seconded the motion and it was approved unanimously. Pete Byrd was not present and his place on the agenda was skipped over at this time. Attorney A.J. Coffman came into the meeting at this point. Mr. Stocks asked if the Gity had committed to give the water connections to Mrs. Bentley on her property in the County. Councilman Tomsic stated that the Council told Mrs. Bentley that when water was available, it would be given to her. Mr. Keogh stated that she was entitled to all the hookups to her lots but was asking for two specifically when she came before the Council recently. Councilman Tomsic moved that the water hook-ups be given to Mrs. Bentley's lots in the County. Councilman McDougald seconded the motion and it was approved unanimously. Pete Byrd entered the meeting at this point and presented two requests to the Council. First, he showed the Council a plat of Palisade Subdivision and stated that he has made this same request to the Planning Commission and they have approved it. He requested that he be allowed to change the plat of Palisade Subdivision to move Colorado Avenue so that the raised manhole is not in the middle of the road and so that the storm drainage can more easily follow its natural path. He stated that he couldn't build a street the way the subdivision is platted now anyway. Councilman Tomsic read the minutes of the Planning Commission meeting of August 25, 1978 which Mr. Byrd was referring to. Second, Mr. Byrd stated that Moab lity is in need of homes suitable for Farmers Home loans, etc. He stated that he has asked the Planning Commission if they would recommend that the City annex his property adjacent to Palisade Subdivision and annex it in as an R-3 zone so that he could build low income homes on less than 90' wide lots. The Planning Commission had approved his request. Lengthy discussion took place. Attorney Coffman stated that the City has to provide water to Mr. Byrd's farm, specifically Westwood Ranch, if they want to continue using Skakel Spring. The use of the spring was given to the City based on that requirement. Mayor Jacobs explained that one of the reasons the City has had poor luck with the HUD grant is that the City has no low cost housing and to have any luck in the future, it would be good to approve Mr. Byrd's request. Councilman Barker stated that a public opinion pool was taken and it indicated that the local people see a need for more low income housing. Mr. Byrd stated that the already existing Palisade Subdivison would remain zoned as R-2. 429 Mr. Byrd stated that he needs an indication from the Council that they are in favor of his requests before he goes to the expense of having plats drawn up. A poll was taken: Councilman Peterson stated that he was in favor of it. Councilman Wiseman stated that he was in favor of it. Councilman McDougald stated that he will go along with the consensus of the Council. Councilman Barker stated that she would go along with it based on the survey showing that the people in town want low cost housing. Councilman Tomsic stated that she would go along with the annexation but would not say that the Council could guarantee R-3 zoning without a public hearing. Mr. Byrd stated that the property would probably be developed five acres at a time -- it is not certain but it would seem the best way to go. He will get with Mr. Keogh and try to pick out a phase that works and will fit with the existing City boundary line and prepare a plan on that basis. He left the meeting at this point. Attorney Coffman stated that the City ordinances state �}+ that incoming annexations should come in as R-2 but 00 that the Council could vote to allow property in at a U different designation. Mr. Stocks recommended that the V Planning Commission review annexations before the Council does and also that they could review a zoning change or request at the same time. Later, the Council could vote on both the zoning and annexation at the same time. David and Nancy Minor came before the Council at this time with a similar request to Mr. Byrd's. They had a request and a petition for annexation of fifteen acres located near Bittle Lane. Mr. Stocks stated that the onl. irregular part of the request is that they would like to annex the fifteen acre piece of ground and then would take the first phase of the proposed subdivison to the Planning Commission and get it approved and would like to keep Phase Two, or the remaining part, as is in order to keep a few farm animals on their property. Attorney Coffman stated that the City can annex any property, conforming or not. The City could require that the existing non -conforming situation cannot go with the next buyer, however. The Minors stated that this is their intent. The plans for their proposed subdivision were distributed and discussed. Councilman Barker moved that the property be annexed as submitted per the legal description as submitted. Councilman Tomsic seconded the motion. Councilman Peterson asked them to amend their motion and second as per Coffman's suggestion that the use, the care and keeping of animals be carried only with the present ownership of the property and when it changes ownership, it doesn't go to the buyers. They accepted the amendment and the motion and amendment were approved unanimously. Mr. Stocks mentioned that the Joab Jaycees has requested permission to use the ladder truck to put up Christmas decorations and asked if it was a usual procedure. The Mayor informed him that it is done every year but that someone needs to confer with them first to avoid problems of other years. Mr. Stocks stated that Utah Power and Light has requested an easement to bring power to the property located adjacent to and south of Canyonlands Circle in Spanish Valley. The easement would be a 20' wide strip of property. Attorney Coffman approved the proposed easemen as to form. Councilman Wiseman moved that the Council grant the easement. Councilman Barker seconded the motion and it was approved unanimously. Council polled on feeling toward Byrd's request. Coffman states that annexations can be re -zoned by vote of Council. David and Nancy Minor requests annexation. Preliminary plat discussed. Annexation approved. Jaycees to use ladder truck for putting up Christmas decorations UP & L requests power easement. It is approved. 430 Bill from County on paving on Mill Creek Road. Mr. Stratton will clean up his yard. Dogwood Road. Numbering houses in Moab. Report on trip to Denver regarding UDAG grant. Coffman recommends lawsuit to be sure Moab was treated fairly. Other grants possible. Mr. Stocks stated that Grand County has presented the City with a bill for $53,333 for paving 8/10 of a mile of Mill Creek Road. Discussion took place as to whether or not the billing was for the proper amount of paving. Councilman Barker seconded the motion and it was approved unanimously. Attorney Coffman stated that he filed a lawsuit against Mr. Stratton who was served and who immediately called him. He told Mr. Coffman that he had had a crushed pelvis and hadn't been able to clean up his yard but that he will now have a young boy clean it up under his supervision. Mr. Coffman stated that the weeds are coming down and within ten days he will inspect the premises to make sure Mr. Stratton is cleaning it up as the City requires. Councilman Wiseman stated that the Council had received a memo from Mr. Stocks about Dogwood Road, recommending that the barrier not be installed. Councilman Wiseman agreed and moved that the City not install the barrier on Dogwood Road and leave it open. Councilman McDougald seconded the motion and it was approved unanimously. Councilman Wiseman brought up the subject of the necessity of numbering the houses in Moab. The Mayor and Councilman Tomsic stated that they had mentioned this on the Moab Report. Councilman Wiseman will look into ways to compel the citizens to put on house numbers and report back to the Council. The Mayor and Mr. Stocks reported on the trip to Denver today with regard to the UDAG grant. Mr. Stocks stated that when the application was made in February the requirements were that the City have letters of intent in the application of any developers that would be directly helped by the grant and those letters of intent were obtained and made a part of the application. Then the application was "lost" in the Denver office for some months, finally found, and then started through the channels. Then within the last three months while Moab was being reviewed, HUD changed the requirements to require financial statements from developers, or letters from their lending institutions. Further, it wasn't required in the initial application and because Moab didn't have that type of letters, it was passed over, which wasn't the fault of the grantsman or the City. He said there were sixty in the final review and that HUD funded forty of them. And Moab City will be reviewed again in February. Mayor Jacobs stated that he had been told by the Denver office of HUD that Moab's application was their #1 priority. Attorney Coffman stated that Moab should be treated equally and should make HUD prove that other applicants had what they turned Moab down for not having. He suggested that the City hire someone to file a lawsuit and hold up the disbursement of any funds until it can be determined that Moab was given a fair chance. The Mayor stated that he will call Mr. Butterfield in the morning and see that the City is on solid ground. Councilman Barker moved that if the City is on solid ground, that Mr. Coffman file a lawsuit in Federal court challenging other applicants' compliance with the new requirements set by HUD. Councilman Wiseman seconded the motion and it was approved unanimously. Mayor Jacobs stated that.he is going to talke with Gunn McKay regarding the way Moab was treated with regard to the grant application. Councilman Barker recommended that Bud Stocks go with the Mayor to talk with Mr. McKay instead of Mr. Butterfield. Mr. Stocks stated that while we are doing this work on UDAG, there are other areas where money is available and we will be pursueing those areas. Councilman Barker suggested that the City get immediately on Small Cities and also on Redevelopment Agencies. 431 co co U U The Mayor stated that he has talked with Bruce Armstrong concerning the solid waste disposal situation In Moab and that he had recommended that a consultant come and talk with the City about proposals for the handling of solid waste. He stated that there will be a meeting with a consultant on November 27, 1978 at 2:00 p.m. in the Counci Chambers. He stated that she is coming with the idea that she can do some good and that there is no charge -- her fee will come out of the grant. The Mayor encouraged the Council to attend to ask questions and prepare themselves to make a decision. Councilman Tomsic moved that the bills be paid for a total of $17,040.13 from General Fund. Councilman Wiseman seconded the motion and it was approved unanimously. The Mayor informed the Council that there is a HUD workshop coming up soon and he will talk to Gary Tomsic and see if the A.O.G. will send Greg Beckstrom, the Planner, to that workshop. The meeting adjourned at 10:30 p.m. ATTEST: City Re er , Mayor CITY COUNCIL Minutes December 5, 1978 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Tomsic, Barker, Wiseman, and McDougald. Councilman Peterson was not present. Also present were Bud Stocks, City Administrator, John Keogh, City Engineer, Penelope Coffman, Acting City Attorney, Ron Auger, City Puditor, Dan Holyoak and four other citizens. Councilman Tomsic moved that the minutes of November 21, 1978 be approved as corrected. Councilman McDougald seconded the motion and it was approved unanimously. The rezoning request of Louis and Barbara Velez was considered on property located at 460 Mill Creek Drive. Mr. Stewart and another gentleman were present to represent the Velez's, as they live in California. The property is currently owned by Art Adamski and the Velez's are planning to buy it if the rezoning request goes through. The property is currently zoned C-5 and the Velez's requested R-2 zoning on part of the property to convert the day/night laundry into a duplex and R-4 zoning on the other portion to make the existing non -conforming trailer court become conforming. Mr. Stocks recommended that the request be granted because he felt it is the best use for the property. Councilman McDougald moved that the rezoning request be granted as submitted. Councilman Tomsic seconded the motion and it was approved unanimously. Councilman Barker moved for an order on the agenda that in between Items 3 and 4, Mr. Holyoak and Mr. Foote be allowed to be heard. Consultant on solid waste disposal to come to Moab for mt! Bills approved. Greg Beckstrom to go to HUD workshop. Regular meeting. Minutes approved. Rezoning request granted. Motion for order on agenda. 432 Final approval of Johnson Subdivision tabled. Discussion on possible annexation of property north of Moab. (Holyoak and Foote) Report from Ron Auger on annual audit. Repair of faulty bridges. Discussion and matter tabled in re: Transferring of water rights in subdivisions to City. Discussion of paying AOG for use of the Planner. The approval of the final plat of Johnson Subdivision was next on the agenda. Paul Cox and two other citizens were present with regard to it. Mr. Cox recently purchased the property containing the subdivision. Mr. Stocks informed the Council that the plat has been before the Planning Commission before and then to the Council where it was rejected. Then the plat was amended and went before the Board of Adjustment and the Planning Commission who both concurred with the changes and has come before the Council again for final approval. The Council asked to see the final plat. Mr. Keogh stated that he has not prepared a final plat for the subdivision and has not been asked to. Councilman Barker moved to table this decision until the final plat is received. Councilman McDougald seconded the motion. Councilmen Tomsic, McDougald and Barker voted for the motion. Councilman Wiseman voted against the motion. The motion carried. Mr. Holyoak and Mr.,Foote came before the Council stating that they have a piece of property which is contiguous to the City and are contemplating building a mobile home subdivision on it. They stated that they plan to subdivide the land into acre lots and then sell the lots to mobile homeowners. They are also proposing having the property annexed into the City in order to get water and would like an indication from the Council if they would be in favor of it before they go to the expense of further planning. Mr. Holyoak stated he knew the property could be developed in the County and then annexed but would prefer to develop it in the City. Mr. Stocks stated he felt that it would be much better to annex the property before it is developed, for better control over the development. The Mayor took a poll of the Council on their feelings about the annexation. Councilman Wiseman stated he was in favor of it. Councilman Barker stated she was in favor of it. Councilman Tomsic stated she was in favor of it. Councilman McDougald stated that he has no objections. Chief Mel Dalton was present and stated that he had nothing to bring before the Council and he left the meeting at this point. Ron Auger and an accountant from his firm came before the Council to review the annual audit for the fiscal year ending June 30, 1978. He handed a copy of the audit report to each councilman along with a letter. Mr. Auger went over the audit with the Council and explained different portions of it. Then he went over the letter he had written and explained the different problems he had found. He made suggestions to the Council of areas he felt there needed changes and that need work. He explained that he and Mr. Stocks have gone over the audit and Mr. Stocks has already begun to correct many of the problems. Councilmen Tomsic and McDougald congratulated Mr. Auger on the fine job he did on the audit. Mr. Keogh, City Engineer, referred to a letter that had been received from a State or Federal agency instructing the City to work on and repair any unsafe bridges that are in the City. The Mayor and Mr. Keogh stated that there are only two bridges in the City and that both are safe and in good repair. Mr. Stocks stated that in almost every city in Utah, when a subdivision is presented for approval, the City requires that all surface water rights, well water rights, and wells be conveyed to the City. He proposed that the City draft an ordinance requiring subdividers to give up their water rights hen they get final subdivision approval. Councilman Wiseman so moved. Councilman Tomsic seconded the motion. Lengthy discussion took place concerning the problem of possibly having to maintain the Irrigation Company ditches if the City has all of the subsurface water rights. Mr. Stocks suggested that the matter be tabled until the Council can look to other cities that have been doing it for a number of years before the City of Moab does so as well. Councilmen Wiseman and Tomsic ithdrew their motion and second. The matter was tabled. r. Stocks suggested that in the presentation of subdivisions o the Planning Commission and untimately to the Council, it ould be a great help if the City were able, only on a part-time asis and for particular requests, be able to hire the present 433 A O.G. Planner. Mr. Stocks stated he feels Greg Beckstrom is a good Planner and it would be helpful to hire him as a part-time Planning Coordinator for the City of Moab at the actual cost of his hourly salary and expenses, which would be reimbursed to the A.O.G. Councilman Barker stated she is opposed to this, that tha is what Mr. Beckstrom's job is already and that is why the A.O.G. placed him here. She stated that the City and County should consider hiring Mr. Beckstrom as a full time Planner, because he is also presently assigned to San Juan County. Mayor Jacobs stated that when the Planners work with the citiey to any degree, the cities are expected to donate to the as O.G. He stated that the County does make a contribution to the A.O.G. but that the City has not. Members of the Council disagreed, saying that the City conthibuted $2,000 to them last year. Mayor Jacobs stated that the Council had voted to pay the $2,000 if they were allowed to be involved in the selection process of the Planner, but since they hadn't been, the $2,000 was never paid. Councilman Wiseman moved that the matter be tabled until it is determined whether the $2,000 has been paid and until we get a job description of the present Planner to determine what his duties are. Councilman Barker 00 seconded the motion and it was approved unanimously. da M Mr. Stocks stated he feels the Council owes it to Mr. Council decides not Q Keogh and Mr. Bailey of his staff to give them an answer to hire Don Bailey as to whether or not the City is going to hire Mr. Bailey from Keogh's office. U as a full time inspector. He went on to say that he thinks that Don is an excellent engineer and knobs what he is doing. But, in the last four months there have been four subdivisions going on and it will probably be slowing dawn, and he didn't think it would be advisable to hire Mr. Bailey at this time. The members the Council were in agreement with Mr. Stocks. Mr. Keog stated that this is fine and that he now has medical ben, its for his employees, which was one of his concerns when he first suggested this possibility. Councilman Tomsic asked whether the $53,000 bill from the County for the paving of Mill Creek Drive was checke to see tf it was for the proper amount of paving. The Mayor informed her that he had found that it was only 4/10 of a mile and he had talked to the Commissioners who had agreed to settle for $16,000. And this amount was subsequently paid to them. Councilman Barker advised the Council that the City applications to the Bureau of Outdoor Recreation for golf course improvements and the new outdoor swimming pool were turned down. One reason was that the present pool was funded when it was renovated and other communities do not have swimming pools at all. She stated that there were 102 applications and only 26 were funded. Councilman Wiseman referred to the need for house numbers on homes. He stated that he had searched the ordinances and couldn't find an ordinance requiring that homeowners number their houses and wondered if there was one so that the City could begin enforcing it. Mr. Stocks stated thathe will search further and see if there is one. Bill paid to County for paving Mill Creek Road. Applications to BOR denied to City. Discussion on house numbers. Mr. Wiseman congratulated Mr. Stocks on finally d?ciding Enforcing dog to enforce the dog ordinances to the letter. Mr. Stocks ordinances strictly. stated that he and the Mayor had made the decision and announcement but thatit was done primarily because of public complaints and pressure. Councilman McDougald stated that in the way of safety Signing program sings, there are some bqd yield -to -stop situations in nearly complete. town now. He stated also he feels there should be Some complaints. blinker lights in the school zones that come on during' school hours because people aren't conscious of running into the 20 mph zone. Other problems with signs in the City were discussed. Mr. Stocks stated that the Federal government is paying back most of the money on 434 the signing project and so things have to be done to their specifications. And at this point, the signing program isn't entirely complete, Speed limit in front of HMK School. Coffman submits bill for seminar she attended in Salt Lak Coffman reports success in prosecute Coffman recommends rewriting of City Code. Compliments on Chief Dalton. Bills approved. Meeting adjourns into executive sessio Regular meeting. Attendance. Minutes approved. Insurance bid awarded. Mrs. Coffman stated that she is going to request that they check the speed limit sign at the Helen M. Knight school. Someone painted it to make it read 80 mph and it hasn't been changed. So, they cannot enforce it in court. Mrs. Coffman stated that she went to a seminar with Judge Grist on drunk driving and breathalyzer tests in Salt Lake. .She submitted a bill for $60 for the seminar to the Council and stated that if,they don't want to pay the bill, she will. Mrs. Coffman stated that she is prosecuting the D.U.I.'s .and dog cases with much success and feels that the City revenues have increased because of it. Mrs. Coffman stated she is concerned because many of the City criminal ordinances are outdated and cannot be enforced. She requested that the Judge and she be allowed to work on them and rewrite them. She was informed that the Council had already agreed with Mr. Coffman that this could be done and that they were all in favor of it. Mrs. Coffman stated that Mel Dalton is an excellent Police Chief and commended his work on the homicide investigation which took place in Moab today. She filled the Council in on the facts of the case. Councilman Tomsic moved that the bills be approved with the addition of $60 to be paid to the Utah State Bar for the seminar which Penny Coffman attended, for a total of $24,443.86. Councilman Barker moved to adjourn the regular meeting of the .Council and go into Executive Session to discuss personnel matters. The meeting adjourned into Executive Session at 11:00 p.m. ATTEST: CITY COUNCIL December 19, 1978 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen McDougald, Peterson, Barker and Tomsic. Councilman Wiseman was not present. Also present were City Engineer Keogh, City Attorney Coffman, and Sandy Cresswell, Secretary. Citizens present included Bill Davis, County Commissioners Dan Holyoak, Leo Burr, Harvey Merrell, Larry Jacobs, and Jim McPherson, Bill Benge, Penny Coffman, Ron Davis, and Don Robinson. Councilman Tomsic moved that the minutes of the Council meetinn of December 5, 1978 be approved as submitted. Councilman McDougald seconded the motion and it was approved unanimously. The awarding of the City's insurance bid for the year 1979 was considered. Ron Davis representing Central Utah Insurance Agency was present. Members of,the Council had been given packets including the two bids which were received. Bids 435 had been received in two different amounts, one for $100/$200 deductibles and one for $200/$500 deductibles. Kelling Insurance submitted bids for $15,558.60 and $14,270.90 respectively. Central Utah Insurance Agency submitted bids for $13,512.00 and $12,851.00 respectivel Councilman Barker moved that the Council accept the bid of Central Utah Insurance Agency in the amount of $13,512.00. Councilman McDougald seconded the motion an it was approved unanimously. Harvey Merrell representing the County Commission came before the Council and explained that the County is applying for a grant to have a study made with regard to solid waste disposal, location, salvage value, etc. He requested that the Council concur with leaving the dump situation and billing as it.presently is until the study can be completed and more sound decisions made. Lengthy discussion took place concerning the necessity of creating a special service district to take care of the solid waste in the valley. Councilman Barker moved that the Council go on record as concurring with the County Commission's decision to undertake a study, funded through the Four Corners Regional Commission, of solid waste disposal in Grand County. Councilman Tomsic seconded the motion and it was approved unanimously. 00 e}+ Mr. Stocks informed the Council that an agreement had Arecently surfaced between the Spanish Valley Sewer U Improvement District and Moab City which was of concern to him. He had given members of the Council a copy of this new agreement and the one originally drawn up in 1976. He stated that no one from the City had been involved in drawing up this agreement and voiced his objections to many parts of the agreement. Attorney Coffman explained that he drew up the aareement Coffman explained and that he also represents the District and was retaine new agreement. by them prior to his being retained by the City. He stated that he prepared the agreement at the request of the Council when they had brought up the fact that there are presently some hookups in the District onto the City line. He stated that the first agreement gave the City one dollar per hookup more than the City residents pay and that the new agreement guarantees the City a certain fee for the processing of the sewage ($4.50 per hookup) and that the District will do the billing, collecting and the servicing of the lines in the District. Lengthy discussion took place concerning the proposed agreement. Mr. Holyoak of the County Commission told the Council that it was never their intention to leave the City out of the formulation of the agreement and that they desire cooperation and agreement between all parties concerned. Councilman Barker moved that the City reject the agreement only because we disagree with some items contained in it. Also, in the spirit of cooperation, that legal counsel and the Administration meet with the Spanish Valley Sewer Improvement District and produce a revised agreement that treats the billing and collection fees, the length of time for review, maintenance and setting of fees, etc. as soon as possible. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Barker asked about the matter which was tabled at the last meeting with regard to Greg Beckstrom's job description and whether or not the City had made a donation to the A.O.G. last year. Mr. Stocks stated that the City had not made the donation. Mayor Jacobs stated that he is still waiting for a job description to be mailed to him by Gary Tomsic. Council man Barker stated that the City should pay the money; it was an obligation which was previously made. Councilman McDougald agreed and it was the general consensus of the Council that $1,000 be paid to the A.O.G., as had been previously discussed. Attorney Coffman stated that he has looked up two items which the Council requested him to. First, he found that it is proper for the City to donate money if it will be of benefit to the welfare, the economy, Discussion on solid waste disposal. Agreement with Spanish Valley Sewer Improvement Dist. Discussion regarding A.O.G. Planner. Donations to certain groups are legal. 436 Robertson Well purchase legal. Bills approved. Adjournment. Regular meeting. Attendance. Minutes approved. Nancy Minor re: water bill. Agreement with Spanish Valley Sewer District. etc. of its people. Thus, the donations made to the Chamber of Commerce and the Boy Scouts were and are legal. Second, he found out that the City was legal in setting up the payment to Ron Robertson on his well over a five year period, in that a City can borrow money over a period of time so long as the interest is not in excess of the balance of the revenues. Councilman Tomsic moved that the bills as presented be approved in the amount of $23,786.49 from the General Fund. Councilman Barker seconded the motion and it was approved unanimously. The meeting adjourned at 9:50 p.m. ATTEST: City Rec„"per City Council Minutes January 16, 1979 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Peterson, Wiseman, McDougald and Tomsic; Councilman Barker was not present. Also present were City Attorney Coffman, City Administrator Dud Stocks, Police Chief Dalton, City Engineer Keogh, Secretary Sandy Cresswell, Twyla Stratton, Bill Davis, Dave Bretzke, Darwin Gilger, Nancy Minor, Kevin Walker and Debbie Wiseman. Councilman Tomsic moved that the minutes of the regular Council meeting of December 19, 1979 be approved as submitted. Councilman McDougald seconded the motion and it was approved unanimously. Nancy Minor was present regarding her November water bill. Administrator Stocks had handed copies of her water book page and her water bill to members of the Council. He explained that from January through October the Minors had a normal water usage and then in November 173,000 gallons of water went through their meter. He stated that the crews have checked the meter three times and it is functioning properly but nevertheless, the November reading was extremely high, far above a normal usage. Mrs. Minor explained that she was requesting a consideration of lowering her bill. She felt that they did not have any valves going and had no explanation for the extremely high reading, Councilman McDougald moved that the Minors be charged for the month of November in an amount equal to their bill for November of 1977. Councilman Peterson seconded the motion and it was approved unanimously. Dave Eretzke and Darwin Gilger were present representing Spanish Valley Sewer Improvement District. They were there to discuss the proposed agreement between the City and the District. Mr. Stocks stated that the Council had reviewed the agreement extensively and Mr. Coffman read three changes into the agreement which the City would require, one grammatical and two other changes. Mr. Eretzke and Mr. Gilger stated that they concur with the changes. Councilman Wiseman moved that the agreement between the Spanish Valley Qater and Sewer District be approved with the changes as submitted. Councilman Tomsk seconded the motion and it was approved unanimousl 437 Mrs. (Ray) Twyla Stratton came before the Council at Mr. Coffman's request. He had filed a suit against them for having an unkempt yard. She stated that her husband has been injured and she has to work but as soon as the weather clears, they will finish the clean-up. She stated that some progress has been made and the Mayor confirmed that he had seen the family working on the problem a couple of times. She was told that they have cars parked in the right-of-way and she said that she will move them. Attorney Coffman will inform her by letter and it was the general consensus of the Council that she be given time until the weather warms up if she will rearrange the cars in the yard. Mrs. Stratton concerning cleanup of her yard. Councilman Wiseman brought up a discussion of a truck Truck bypass. bypass for Moab. He stated that he had written a letter to the Utah Department of Transportation and they had written back and given him some information of what the results were when a bypass was made of other towns. He stated that this is not what probably would happen with a truck bypass but he didn't feel that the City 00 should get stuck in a bad situation in the future by not CN planning for a bypass. He stated that he knows it will Qbe a State project but felt that some dialogue U should be started with them and the County so that the la d V could be set aside in the next few years to make the bypass. Considerable discussion tool: place. The Mayor stated that he would try to contact a few representatives of the U.D.O.T. and have them come and talk to the Council concerning what plans they already have and what has been done. Councilman Wiseman suggested that the City Administrator write a letter to the U.D.O.T. and find out what they have planned and what the City can do o assist them in this overall plan. Members of the Council were in agreement. Administrator Bud Stocks brought up the monthly report from the Police Department which had been handed out to members of the Council. He called their attention to the report concerning the dog problem listed on the bottom of the paper and stated that there is a greater activity in that area and that further work is being done in that area. Police Report -- Dog problem improved Mr. Stocks brought up the subject of Frank Hobbs' Frank Hobbs' subdivision. He stated that because of the weather subdivision. Frank has been unable to curb and gutter and asphalt Hobbs Street. The City has a $10,000 performance bond from Mr. Hobbs and he would like building permits on the first two lots so that he can keep his crews working. Mr. Stocks recommended to the Council that he be given the authority to issue the building permits for the first two lots. Mr. Keogh stated that when the final plat was presented to the Farmers Home, they had changes, which are being made, and which have not been approved yet by them or by Mr. Hobbs, but the changes do not affec these two particular lots. Councilman McDougald moved that the Administrator be allowed to issue these two particular building permits subject to the Attorney finding that the performance bond can be used for improvements in front of those two particular lots. Councilman Tomsic seconded the motion and it was approved unanimously.. A resolution which was proposed by Councilman Barker Resolution concernin was explained by Mr. Coffman in her absence. Mr. Coffman Nat. Gas Policy Act. explained that the Federal government passed an energy act last year called the Natural Gas Policy Act of 1978. He stated that the law provides that there can be an application for states that wish to be excluded from this act, and the resolution proposes that Moab City make that application. There was confusino and considerable discussion. Councilman Tomsic moved that we take no action at all on this resolution. Councilman Wiseman seconded the motion and it was approved unanimous 438 Discussion on 'z% sales tax. Sales tax. Appointments to Planning Comm. Moab Museum Board. Span. Val. Sewer Board. Raise for Admin. Stocks. Bills approved. Councilman Wiseman referred to the emergency sales tax that was added to City sales tax twenty years ago. He would like it to be brought up on the next agenda so that some data can be obtained having to do with when, why, how much, why wasn't it taken off, and the legality of it. Councilman Tomsic stated that the new sales tax charts cannot be programmed into computer cash registers. Mr. Stocks explained that he is aware of that problem and has been talking with the State Auditor's office about it and they are researching the deal to see how the error was made. Attorney Coffman suggested that the City write to the attorney at the Utah League and ask if the State legislators have made the tax legal. The Mayor said he will do as suggested and contact Mr. McCoy and see if he will visit with the Council -or write a letter concerning this tax. Attorney Coffman stated that the City of Green River had been sent their sales tax and that it was considerably lower than it had ever been and he had found that in some cases it was reduced to zero. He stated that he had been informed that the public utilities who had spent money on clean air measures were given a rebate and that it was charged to this return of sales tax. He wondered if Moab had had the problem and thought the matter should be looked into. The Mayor stated that he thinks that Moab was much higher than usual but would investigate it further. Mayor Jacobs stated that he has two appointments he would like the Council to consider. First, he would like to appoint Calvin Widows to fill the vacancy caused by Mr. Gaither's resignation from the Planning Commission. He has talked with Mr. Widows and he is agreeable to performing the job. He would also like to re -appoint Keith Brewer to the Planninr Commission, both appointments to run for five years. Councilman Wiseman moved that the Council accept the appointments to the Planning Commission as outlined by the Mayor. Councilman Peterson seconded the motion and it was approved unanimously. Mayor Jacobs stated that the Moab Museum had requested that a member of the Council serve on their Board and that Councilman Peterson had said that he would do it. Attorney A.J. Coffman stated that the City has the right to name one of the members of the Board of Trustees to the Spanish Valley Sewer District. He will review it with the Mayor and get back at the next Council meeting. Mayor Jacobs stated that the 90 day trial period of Mr. Stocks as City Administrator-Recorder/Utilities Superintendent expired in December of 1978. He proposed appointing Mr. Stocks for the balance of his (Mayor Jacobs') term to these positions and asked for a salary of $18,000 without the option of compensatory time. He said that neither he or Mr. Stocks wishes or demands that there be a contract. And, if the pbs get to be too much for Mr. Stocks, he will inform the Mayor and some changes will be made. On all other benefits and requirements, Mr. Stocks will follow the Personnel Manual. Councilman Peterson moved that the City appoint Gerald "Bud" Stocks for the position of Administrator -Recorder and Utilities Superintendent of Moab City to serve at the pleasure of the Mayor and City Council, effective January 1, 1979. Councilman McDougald seconded the motion and it was approved unanimously by a roll call vote. Councilman McDougald moved that there be a public hearing at the next Council meeting for the Administrator -Recorder salary. Councilman Peterson seconded the motion and it was approved unanimously. Councilman Tomsic moved that the Council approve the bills from January 2, 1979 for a total from General Fund of $21,8/0.64. Councilman McDougald seconded the motion and it was approved unanimously. 439 Councilman Tomsic moved that the Council approve the bills from this meeting for a total of $32,566.68. This would include a bill from Grand County for their collecting property taxes in the amount of $1,565.75. Councilman McDougald seconded the motion and it was approved unanimously. Bills approved. The meeting adjourned at 9:26 p.m. Adjournment. ATTEST: CITY OF MOAB Mayor City Reco r CITY COUNCIL Closed Executive Meeting January 24, 197061 A special closed executive meeting was called by Councilmen Wiseman and Barker for 3:00 p.m. in the Council Chambers. KURA Radio, Les Erbes, ad the Times -Independent were notified of the meeting twenty- four hours in advance. Executive meeting. The meeting convened at 3:15 p.m. Present were Mayor Attendance. Jacobs, Administrator bud Stocks, Councilmen Wiseman, Tomsic, McDougald and Barker. Councilman Peterson was not present. Also present was Sandy Cresswell, Secretary Councilman Barker opened the meeting and stated that she Review procedures wanted to review the procedures for hiring police officerfor hiring police. in the Personnel Manual and the City Code so that everyone involved understands them, and also review when and if credit information on individuals should be used when reviewing their applications for employment. Mayor Jacobs explained to the Council what had happened and what his involvement had been in the recent consideration of Larry Jacobs' application for a police officer position with the City. Considerable discussion took place regarding the happenings in connection with this and the members of the Council expressed concern that the Personnel Manual wasn't followed explicitly. Mr. Stocks stated that a memo had been sent to the Police Chief advising him to follow the procedures laid out in the "blue book" and Mr. Stocks read that memo to them. He also explained to the Council how the matte had mushroomed out of proportion and also his feelings about hiring Larry Jacobs, both pro and con. Councilman questioned the necessity of hiring another officer and suggested that we not fill this position until we have information regarding the ratio of police to population now that the Sheriff's Office is updating their department. Councilman Barker moved that we do ask the City Administrator to write a letter to the Police Chief telling him that in order to avoid awkward situations dealing with the hiring of personnel that he become fully informed on Section 10 of the Policies and Procedures Manual and then follow those steps with regard to making notice of an opening known, and appli-ation and interviewing procedures. Councilman Larry Jacobs' app. for policeman. 440 Regular meeting. Minutes approved. Minutes approved. Public hearing on Admin/Recorders Salary. Tomsic seconded the motion. Councilmen McDougald, Barker and Tomsic voted for the motion and Councilman Wiseman voted against the motion; the motion carried. Councilman Barker stated that she would like to go on record that she is opposed to turning down an applicant based on his at that point being an elected official because she felt that is his problem that he has to deal with and once he becomes an employee, the City could require that he not carry on both activities. She further stated that she would be in favor of hiring Mr. Jacobs, based on his qualifications and not on the fact that he is a County Commissioner. Mr. Stocks asked. -if the,Administration should hire Mr. Jacobs. The Council was in agreement that since the Mayor, the Administrator and the Police Chief had all agreed that the application should be denied that the application be returned to the Chief of Police and from there follow the proper procedure. Councilman Tomsic requested that the Council be informed by the Administrator or Department Heads when an employee joins or leaves the City employment. Councilman McDougald moved that the meeting adjourn. Councilman Tomsic seconded the motion and the meeting adjourned at 4:40 p.m. ATTEST: .v v City Recor APPROWD : Harold Jacp.s Mayor City Council Minutes February 6, 1979 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Barker, Tomsic, Wiseman and McDougald; Councilman Peterson was not present. Also present were City Administrator Bud Stocks, City Engineer Keogh, City Attorney Coffman, Police Chief Dalton, Secretary Sandy Cresswell, Bill Davis, Debbie Wiseman, Kevin Walker, Don Baughman, Mrs. Pilling, Mrs. Larry Jacobs, Mr. Don Knowles, Mr. Ray Tibbetts, and three other citizens. Two or three other citizens observed for short periods of time. Councilman Wiseman moved that the minutes of the January 16, 1979 regular Council meeting be approved as submitted. Councilman Barker seconded the motion and it was approved unanimously. Two corrections were made in the minutes of the special executive City Council meeting of January 24, 1979. Councilman Barker moved that the minutes be approved as corrected. Councilman Tomsic seconded the motion and it was approved unanimously. A public hearing was held with regard to the City Administrator/Recorder's salary. Mayor Jacobs explained that Mr. Stocks was first employed by the City as Utilities Superintendent and then in October came up to the City office and became Administrator -Recorder while at the same time still holding the job of Utilities Superintendent. Mr. Stocks tried the three positions for 90 days and now the Mayor recommended that he be appointed to the position permanently atl a•:ealaby of 441 00 00 Q U V $18,000 per year. The Administrator -Recorder's job had been advertised at $15,000 to $18,000. Councilman Barker moved that the salary of the Administrator- Recorder/Utilities Superintendent be set at $18,000 per year, retroactive to January 1, 1979 and that that salary be reviewed at his anniversary date. Councilman Tomsic seconded the motion and it was approved unanimously by a roll call vote. Ray Tibbetts came before the Council regarding the Transient Merchants' License fee. Don Knowles was also present. Ray had thought that there was to be some discussion on it between the Council. He wanted to know if there were legal problems with the wording of the form and if so, could they be straightened out without changin the $500 fee. A brief discussion of the Transient Merchants' license took place; no motions were made. Attorney Coffman had a form and suggested buy three sample ordinances using it that with transient merchants. He stated that have withstood the test of litigation and purchased for $3 each. Councilman Tomsic the City purchase these sample ordinances Councilman Barker seconded the motion and approved unanimously. that the City have to do these ordinance could be moved that and review them it was Transient Merchants License fee. City to purchase sample ordinances on transient merchants.; The Vice-chairman of the Democratic party was present wit Invitation to attend three other ladies. She invited the Council to a meeting concerning meeting tomorrow night in .the Council Chambers at 7:00 p. .some Salt Lake It would be a non -partisan meeting to see if they could boards. obtain local representatives to sit on some boards and commissions from this area and felt that if a representative from Moab were there, it would be beneficial to the citizens of the area. Chief Dalton asked if anything was going to be done with Police applicant the applicant he had for a police officer position. discussed. Mr. Stocks stated that the individual had not come in and talked with him even though he had been asked to on numerous occasions but that since this is a personnel matter, it should not be talked about in a public meeting. Councilman Barker so moved. Councilman McDougald asked Mr. Keogh if it is true that he has surveyed a line along Cedar Hills for a sewer collection place for the people above that line. Mr. Keogh said that he had. Administrator Stocks called attention to a letter from Bob Norman requesting payment of $1,000 from the City for work he had to have done on his well. He said that the City had removed a cap from it and not welded it back on, and kids had subsequently filled it full of rocks. Mr. Keogh explained that when the City was in bad shape for water they took Rhodes up there and did remove the cap. There was some discussion. Councilman Wiseman moved that the matter be tabled until the City Administrator can check the minutes and determine whether it was a City function or not. Councilman Barker seconded the motion and it was approved unanimous Administrator Stocks stated that the City had made application for a well to help irrigate the new city par well. and that that application had been approved. He wondere if the Council still wanted to go ahead with it. The Council told Mr. Stocks that they did in fact want him to go ahead with the well. Mr. Stocks will get some costs on trying to use the old well and on trying to dri 1 a new one; he will then get back with the Council. Sewer collection route in Spanish Valley. New city park Mr. Stocks presented a resolution to the Council for Landlord/Tenant approval. The resolution would adopt from the State statutes the right to require a landlord to sign an agreement saying that if a tenant fails to pay his water bill, the landlord would be responsible for it. Frank Hobbs was present and stated that he thinks this is not a good idea because it puts the collection burden on the landlord instead of the City where it water agreement. 442 belongs. There was some discussion. Councilman Tomsic moved that this matter be tabled so that Mr. Coffman can review the resolution. Councilman McDougald seconded the motion and it was approved unanimously. Frank Hobbs Subdivi- sion. Police and City Attorney to work together in investigation citizen complaints. Attorney's finding on comp time. Sound system for Council Chambers. Spanish Valley W/S Board of Trustees. Rate increase by Gas Company. Attracting new industry to City. Frank Hobbs was present concerning his subdivision and Mr. Coffman explained a form which he gave to Mr. Hobbs. The form was an agreement to be signed by a contractor, saying that he has posted a bond for the improvements required in his subdivision. A copy of the bond and all improvements drawn on the final subdivision plat would be incorporated as part of the agreement. This would enable developers to proceed with construction of homes without having the improvements in and would still protect the City. Mr. Hobbs will work under the agreement and will have his bond re -issued, complying with the agreement. Attorney Coffman stated that he and Mrs. Coffman have discussed and want to set up with the Police Chief a procedure whereby the police office checks on complaints of citizens that someone has violated City ordinances. His office is not staffed to do the investigating and without them, it is often embarrassing when the case goes to court. The Council agreed that this was an administrative procedure that they felt should be already taking place and done in the future. Councilman Wiseman asked what the finding had been on a recent letter concerning compensatory time which Mr. Stocks had sent to Mr. Coffman. Mr. Coffman stated that after talking to various agencies he had determined that when there was no formal personnel policy in effect, there was no "comp time" unless it was authorized by someone in authority. Then after the Personnel Manual came into effect, comp time was governed by it. Therefore, it was generally agreed that the comp time with regard to the two individuals in question will not be paid. Councilman Wiseman stated that the Council should think about getting some kind of a sound system for the Council Chambers so that there can be citizen participation in meetings, as they could hear what is going on. Councilman Wiseman sked if Mr. Coffman had found out if someone could represent the City on the Board of Trustees of the Spanish Valley Water and Sewer District. Mr. Coffman stated that he had found this was true only if the entire city was included in the district. Thus, the City cannot have a representative on that Board. Councilman McDougald asked and Mr. Keogh explained to him the route some sewer lines will be taking in the Spanish Valley Sewer Improvement District. Councilman Barker asked why there had been no discussion at the last meeting concerning the gas rate increases recently experienced by citizens of Moab. There were four ladies present concerned with the same matter, saying that notices of the hearing had been sent to the Mayor and the County Commissioners and that there had been no protests. The Mayor stated that the notice was also published in the paper and that when he received the notice, it said nothing about protests. The ladies stated that if they could obtain enough signatures they could get the hearings re -opened and the Attorney Generals Office would get their attorneys to represent the citizens of Moab before the Public Service Commission. They also stated that they want the Council to protest for them also. After extensive discussion, the Mayor stated that he would go to the hearing and that he would like Councilman Barker to go as well; but he would want to know what they want him to say and what Senator Garn had told them. Councilman Barker asked the Council to express their desire or non -desire for any future attempts to attract new industry to the City. She will also ask this of the County Commission. Councilman Wiseman stated that he thinks we should give the County Commission the necessary impetus to do womething about getting an industrial park. The Mayor stated that it would depend on the industry. Councilman Tomsic stated that she 443 would like industry sought after. Councilman McDougald stated that because of the problem with water shortages, he would only go along with light industry. Councilman Wiseman moved that the City Council go on record to the Grand County Commissioners that the City Council is desirous of attracting industry to the area and the City Council will cooperate in getting the necessary land and facilities to attract that industry. Councilma McDougald seconded the motion and it was approved unanimously. Mayor Jacobs called attention to the resignation of Greg Beckstrom resigned Beckstrom as Planner with the A.O.G. He stated further as A.O.G. Planner. that there will be a meeting of the A.O.G. on February 1•th n the Council Chambers. Starting at 10:00 a.m. Gary Tomsic will answer to the local people and the afternoon will be the regular Board meeting. He invited the Counc'1 to drop by. Councilman Wiseman was not present for the remainder of the meeting. Mayor Jacobs stated that the Utah League had sent notice Stocks to go to of a Recorder's seminar in St. George on the 15th, 16th, Recorder's workshop and 17th of February. Councilman Tomsic moved that in St. George. M Mr. Stocks attend the seminar. Councilman Barker second the motion and it was approved unanimously by all presen00 A U V Councilman Tomsic moved that the bills be approved in the amount of $20,879.98 from the General Fund and $127.39 from the Revenue Sharing fund. Councilman Barke seconded the motion and it was approved unanimously. Councilman Tomsic moved that the meeting adjourn. Councilman McDougald seconded the motion and thewmeeting adjourned at 10:20 p.m. ATTEST: Ci APPROVED: Harold Saco `-r your CITY COUNCIL Minutes February 20, 1979 A regular meeting of the Moab City Council was called to order at 8:00 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Peterson, Tomsic, Wiseman, McDougald, and Barker. Also present were City Administrator Bud Stocks, City Engineer Keogh, City Attorney Coffman, Secretary Sandy Cresswell, and nineteen citizens. .41 Three corrections were made in the minutes of the Council meeting of February 6, 1979. Councilman Wiseman moved that the minutes of that meeting be approved as corrected. Councilman Barker seconded the motion and it was approved unanimously. Bob Garcia of Continental Telephone of the West came before the Council and stated that they have been receiving many requests for updated service in the north end of the valley. In order to do this he stated that they will need to add some more cables along public Bills approved. Adjournment. Regular meeting. Minutes corrected & approved. Telephone Company to bury cable under rights -of -way. 444 Tom Worster asks for rate increase for Town TV. Indistrial park site Dog and pet clinic. Marilyn Cooper and ladies delegation. Utah Gas Service. Compliment on snow removal. rights -of -way within the City and there has been monies appropriated for this purpose. Mr. Stocks (Utilities Superintendent) stated -that he has reviewed the map and the route of the cable and finds it not to be detrimental to the City or the City utilities and sees no reason why this should not be allowed. Mr. Garcia stated that the work would begin about April 23. Councilman Wiseman asked if the roads would be dug up for long periods of time as they were the last time this was done. Mr. Garcia assured him that a local contractor would be doing the work and that guidelines would be layed out with him before the work is done and there should be less problems this time. Councilman Wiseman moved that the request as presented by Bob Garcia and approved by Mr. Stocks, be approved by the City Council. Councilman Barker seconded the motion and it was approved unanimously. Tom Worster representing Town Television came before the Council with a request that the Council approve a new rate schedule which would raise each subscriber's monthly rate by 50C and their other rates would be raised as well. He stated that with the earth receiving station which was recently built, they will be able to and are planning on adding five more services on four new channels to the present service. The rates would be advertised and then would go into effect on May 1 and the additional services would be added no later than at that date. He stated that 33C out of each 50c goes directly toward the new services. He was asked by some members of the audience about improving poor reception which they had been experiencing. He said that they have been having trouble because of the cold weather but that they are constantly working on it and would try to keep the best reception possible. Councilman Darker asked him if Town Television has a franchise with the County. Mr. Worster said they do have a franchise with the City but only have a permit to do business -in the County; Countys cannot require franchises. Mr. Worster was asked if this increase would hold the company for at least a year and he answered that he cannot predict any economic trends but felt that it was well planned and thought it would do for some time. Councilman Tomsic moved that the City approve the rate increase requested by Town Television. Councilman McDougald seconded the motion and it was approved unanimously. Councilman Barker brought up a discussion of an industrial park. She stated that since the last meeting when the Council voted to urge the Commission and other sources to become involved in establishing an industrial area for new commercial concerns, she had met with the County Commission. The Commission had made a commitment to Councilman Peterson that they would support an area for rezoning if that was necessary for an industrial site, provided it was in a good location, and also provided the industry that would be brought to the area would be good and would be compatible. She stated that plans are going along for a certain area to be the industrial park. Also, the Board of Directors of Swan Inc. will meet on March 9th and a decision will be made at that time as to their locating in Moab. There will be no re -considering of that decision. She stated that when industries are sought for the valley, she looks at water, need, sanitation, pollutants, etc. She went on to say that Swan Inc. would be an assembly plant for beverage trailers and that they would provide fifty to eighty jobs for local people. Mr. Stocks stated that the City will be participating in the clinic for dogs and pets on March 4th and will be there to sell licenses. Marilyn Cooper came before the Council and stated that there is a delegation of ladies going to the hearings with the Public Service Commission regarding the recent gas rate increase, so they will not need the Mayor and Councilman Barker to go with them. Les Erbes was present and complimented the City crews on the excellent job of snow removal they have done throughout the snowy winter months. Complaint investi- gation procedure. Mr. Coffman stated that he has talked with Me. Dalton about the procedure where if any complaints are filed they will go 445 to the Police Department and then Mel will, assign an officer to each case. The officer may sign the complaint and recommend it be filed. He stated that they are going to work under this procedure from now on. Attorney Coffman stated that he had drawn up a license Permit for Jim Gardner or permit for continued encroachment by Jim Gardner for encroachment on the area by his new office building on 1st West. It right-of-way. concerns 13 feet behind the curb and would be on the condition that the City can give him five days written notice of the Council meeting that the license will be withdrawn. Also, for the duration of the license Mr. Gardner shall maintain the encroachment as to landscaping and maintenance of the area., He will hold th City harmless from any damages that may occur in this area. Councilman Tomsic moved that the license to encroach be granted to James F. Gardner. Councilman Barker seconded the motion and it was approved unanimousl Mr. Coffman stated that Mr. Shields who was present has Mr. Shields encroach, some property on 1st West which he is disposing of to a ment also. new owner and there are two buildings that encroach on the same right-of-way as Jim Gardner will. One encroaches 10.1' and the other 1'. There was lengthy discussion about whether to issue licenses to owners that are encroaching or to abandon parts of rights -of Q way. Councilman Wiseman moved that the City enter into U agreements for encroachment as opposed to abandoning U proptrty in the rights -of -way, Councilman McDougald seconded the motion. Councilmen Tomsic, McDougald and Wiseman voted for the motion. Councilmen Peterson and Barker voted against the motion. The motion carried. Mr. Coffman will draw up the encroachment license for Mr. Shields to be signed by the Mayor and Recorder. Attorney Coffman stated that he has received the model Transient merchants ordinances with regard to transient merchants. He model ordinances. described the ordinances, which were much more complicated than the City's present license requirements. The Council members wanted copies of the ordinances and will be given them. A copy will also be sent to the Retail Merchant's Association. Mr. Stocks stated that the Council has approved the Resolution approving agreement between the Spanish Valley Water and Sewer agreement between District and the City as corrected. He stated that he City and the District now has the corrected agreement and a proposed Resolution #2-79 which approves the agreement. Councilman Barker moved that the Council adopt Resolution #2-79. Councilman Wiseman seconded the motion and it was approved unanimously by a roll call vote. Mr. Stocks referred to the proposed Landlord -Tenant Landlord -Tenant water agreement that was brought up and tabled at the Agreement tabled. last meeting. He stated that it was tabled to check the legality and Mr. Coffman had found nothing legally wrong with it. Mr. Stocks stated that he will have typed up an alternative resolution where a tenant can either post $75 as a water deposit or have his landlord sign the agreement. He will have the resolution prepare for the next meeting. Mr. Stocks stated that he has looked into the matter of Bob Norman's well Bob Norman's well which was tabled at the last meeting, bill. He stated that on 7-6-76 there is a minute entry stating that Rhodes was coming to town the latter part of the week. Mr. Stocks stated that the City did open the well up and did leave it uncovered. Mr. Koegh stated that Mr. Norman told him he would settle for $500. Councilman McDougald moved that if possible, Mr. Stocks settle with Mr. Norman, not to exceed $500. Councilman Peterson seconded the motion. Councilmen Barker, Tomsic, McDougald and Peterson voted for the motion and Councilman Wiseman abstained. The motion carried. Councilman McDougald referred to a letter addressed to Dave Bretzke of the Conservancy District from Nielsen, Maxwell and Wangsgard -- consulting engineers for the 46 Nielsen, Maxwell & Wangsgard work for City. Land trades with County of City property. Bills approved. UDOT letter about bypass. Adjournment. Regular meeting. Minutes approved. Rotary Club to make skateboard run on proposed park. Spanish Valley Water and Sewer Improvement District report. City as well. He read the letter and stated that the City should tell the firm to start looking out more for the interests of the City. A discussion followed concerning the relationship of the City and the District. Councilman Tomsic asked about land trades with the County of property owned within the City. Mr. Stocks stated that he has accumulated the legal descriptions and has talked to the County Commission. They are agreeable but he still needs to talk with Mr. Coffman. Mr. Stocks stated that he is going to try to get the County to give the property to the City instead of trading the raod out in the County for it. He will bring it up at the next Council meeting. Councilman Tomsic moved that the bills be approved for payment. Councilman Barker seconded the motion and it was approved unanimously for a total of $14,494.66. Councilman Wiseman asked if the letter had been written to the Department of Transportation about the truck bypass. Mr. Stocks said it had but that he has had no response yet. Councilman Peterson moved that the meeting adjourn. Councilman Tomsic seconded the motion and the meeting adjourned at 11:00 p.m. ATTEST: City er APP 0 'D: aro JacMayor CITY COUNCIL Minutes March 6, 1979 A regular meeting of the Moab City Council was called to order at 8:04 p.m. in the Council Chambers, Moab City Hall% Present were Mayor Jacobs, Councilmen Tomsic, McDougald, Wiseman, and Barker. Councilman Peterson was not present. Also present were City Engineer Keogh, City Attorney Coffman, City Admin- istrator Stocks, Secretary Sandy Cresswell, and approximately forty-five citizens. Councilman Tomsic moved that the minutes of the regular Council meeting of February 20, 1979 be approved as presented. Council- man Wiseman seconded the motion, and it was approved unanimously. Floyd Pierson was present representing the Rotary Club and made a presentation to the Council proposing a park on the City prop- erty across from Southeast Elementary. He stated that the Rotarians would like to take the park on as a project and will report their progress to the Mayor and Council. He said that at the present time they are planning to make a skateboard run at the park of 2500 square feet. It would cost them about $3100 and would cost the City $75 per year for insurance. Coun- cilman Tomsic stated that the last time a park was contemplated for this area, there were objections from the school. Council- man Wiseman moved that the City Council go on record as support- ing the activities of the Rotary Club in attempting to establish a park in that area. Councilman Barker seconded the motion and it was approved unanimously. Councilman Tomsic's vote was based on the requirement that the school has no objections. Ken McDougald and Dave Eretzke were present representing the Span- ish Valley Water and Sewer Improvement District. Mr. McDougald reported that the project is well on its way and the final plans should be completed by April 15th, then the project would go to bid. He said it would be about a 311 million dollar project and would produce about 32 acre feet of water. He also said that water will be available by 1980 and that a contract had been entered into with George White for some of this water. 447 Mr. Eretzke reported that the District has a loan in the Loans, grant, and amount of $300,000. They are also applying for a $300,00 water cost. grant from the Community Impact Board. And they have sub mitred a loan application to Farmers Home Administration in the amount of $200,000 and a grant application for $10,- 000. They are planning that the cost to citizens for water will be just slightly higher than what it is to the citizens in the City at this time. He stated that the sewer is still being held up by the 201 study which is being required on the City's wastewater treatment plant. Larry Jacobs of the Grand County Commission came before the Council stating that he was there in an effort of coo .- eration between the City Council and the County Commissio He stated that the Commission has undertaken a mosquito abatement program and have consulted with Mr. Tibbetts, a biologist. He has been hired to analyze the different types of mosquitoes and see what kinds of poisons they ar vulnerable to. They will try to find a pesticide that wi 1 kill the mosquitoes and not be harmful to other types of insects. He said they hope to get started this month. Mosquito abatement. Mr. Jacobs stated that he and a committee conducted a tel Telephone survey. ephone survey of 100 people in the valley. They asked 00 00 them about mosquito abatement and all were in favor. The also asked them if they were in favor of attracting new Q industry to the valley, provided the industry has low ✓ water usage, no pollutants, and employed Grand County res (, idents. He stated that only two were opposed to this question. Mr. Jacobs spoke to the Council with regard to a former request to the Council in dealing with the ELM and the wilderness designated areas. He stated that each of the Commissioners had received a letter from the State and from the BLM asking them to comment on their personal feelings and the feelings of those they represent con- cerning what should be done on the designation of wilder- ness areas. He stated that the members of the Commission hope to restrain the wilderness designations as much as possible and he requested that the Council write and do the same. Designation of wilderness areas. Mr. Jacobs asked that the Council strike a certain part o Proposed striking the minutes of the Council meeting of February 6, 1979. of the February 6 He also said he would hope that Chief Dalton is not repri minutes. manded nor has any more problems from the situation. Coun cilman Barker moved that in the minutes of February 6, 19'9 in the 9th paragraph that the second sentence have noted as deleted from the word "stated" to "that since this is a personnel matter." Councilman McDougald seconded the motion. Councilmen McDougald and Barker voted for the motion and_Councilmen_Wieeman and Tomsic voted against th motion. The Mayor voted against the motion and requested and executive session to discuss the matter. The motion was defeated. Larry Jacobs also requested an executive session. Councilman Barker moved that Mr. Jacobs set an audience at an executive session of the Council following this meeting. Councilman McDougald seconded the motion and it was approved unanimously. Mr. Jacobs stated that he was recently in Salt Lake and New stop light on asked the State to consider putting in another stop light Main Street. on Main Street. He recommended that if they refuse, the City and County should try to do it and share the expense Mayor Jacobs said he has written to the State and reques- ted that they come down and make a traffic study to see if the City warrants a stop light. Councilman. McDougald informed them that according to the D.D.O.T., the City doesn't have enough traffic to warrant another stop light Attorney Coffman recommended that there be an informal Informal session session of the Council to discuss consolidating the body of Council to meet of the sample ordinances they received governing transien merchants. The Council was in agreement that they would meet at 7:00 before the next Council meeting for that purpose. Ii±at s Service rat increase. Pumping of the Cor- bin Well. Chuckhole repair. Ordinances governing cats. Bills approved. Crafts fair at City Park. Handling of com- plaints. Approval of rewrit- ten resolution. Golf course. e A lady from the Democratic Women's organization came before the Council and reported on their progress in fighting the rate increases of Utah Gas Service. She said that the Gas Service had withdrawn its last request for a rate increase. And that after many problems, she was finally called and informed that Moab has two possible solutions to the problem: they can either buy out Utah Gas Service and have it as a public utility or they could go to Mountain Fuel. She also told the Council that Mr. Jones, the presi- dent of Utah Gas Service would be in Moab for a no host lunch meeting on March 22nd at the Ramada Inn to discuss the recent rate increases. She invited the members of the Coun- cil to attend. Councilman McDougald asked about the status of the pump- ing of the Corbin Well. He was told that Mark Page from the Engineer's office will be down on the 13th and tests will begin then. Councilman McDougald requested that the chuckholes on the City streets be repaired. Councilman Tomsic stated that the City has ordinances gov- erning dogs and should have ordinances governing cats because they are just as much a nuisance. Councilman McDougald stated that the law prohibits regulating cats. Councilman Tomsic will canvass the state statutes to see if there can be ordinances governing cats. Attorney Coff- man will also look into it. Councilman Wiseman moved that the bills be approved as preented for a total of $23,484.84 from the General Fund. Councilman Barker seconded the motion and it was approved unanimously. Administrator Bud Stocks stated that the Art Guild has requested the use of the City Park for a crafts fair on the 26th and 27th of May. They have agreed that they would have a complete clean-up of the park when they are finished. It was informally agreed by the Council that this would be ,satisfactory, provided they didn't drive any stakes into the ground. Administrator Stocks stated that since the Council members' specific assignments over departments were dissolved, com- plaints appealed from the Building Inspector's office had been falling on his shoulders, including complaints in the County. Members of the Council stated that appeals from rulings of that office should be handled by either of the two boards set up for that purpose and that County complaints should be channeled to the County. Mr. Jacobs of the County Commission asked Mr. Keogh who was present if he would handle these types of problems for the County and then Mr. Jacobs would bring this up at the next Com- mission meeting. Mr. Keogh agreed to do so. Mr. Stocks referred to Resolution #3-79 which had been re- written from the last meeting. The new resolution was a compromise resolution that established a tenant water , deposit of $75 and if the tenant cannot or chooses not to make that deposit, he has an option to so to the land- lord and have him sign a certificate of liability to the City that the water will be paid, either through forfeiture of deposit or by the landlord. Councilman Tomsic moved that the matter be tabled until the next meeting so that she could get a copy of the resolution. Councilman McDoug- ald seconded the motion. Councilman McDougald and Tomsic voted for the motion and Councilmen Barker and Wiseman voted against the motion. Mayor Jacobs voted against the motion and the motion was defeated. Mr. Stocks read the proposed resolution out loud. Councilman Wiseman moved that Resolution #3-79 be approved. Councilman Barker sec- onded the motion and it was approved unanimously. Mr. Stocks informed the Council that the current year's budget at the golf course is nearly expended because most of it was used during the latter part of the golf season last year. There is between now and June 30th some $2200 in power bills on the well and irrigation pump and there is $1250 in the budgeted fertilizer account. He stated that the golf course has been helpful and has given the administration their proposed budget, their proposed inco etc. Mr. Stocks recommended that the Council move to finish their commitments to the golf course for the bal- ance of this budget year. He requested permission from the Council to transfer the balance of the fertilizer account over to another area of need for the course - equipment repairs on some of their mowers. Councilman Barker moved that the Council transfer the balance left in the fertilizer account to covet the portion of the cos of repairs to the equipment at the golf course. Council- man Tomsic seconded the motion and it was approved unani- mously. Councilman Barker and others suggested that the City shou Budgets. require all organizations that are under the City and Cou - ty jointly to submit their budgets to the Council for their approval. Councilman Tomsic requested that all groups be notified that the Council wants their budgets before the City's budget time. 449 Loren Johnson was present and asked how much money is spe t Golf course. on the golf course every year. Councilman McDougald told him that it was some $25,000. Mr. Johnson then asked how many golfers there are and Don Baughman informed him that C7 275 golfers used the course last year. Mr. Johnson said he feels that all funding of the golf course should stop. The Mayor told Mr. Johnson that this meeting was not to Q discuss the funding of the golf course but simply for U U transferring an item from one place to another in the approved budget. He was told that when the budget comes up again, the golf course will be included and it will be a public meeting. Mr. Stocks brought up the matter of the swimming pool op- Swimming pool. erations for the 1979 summer season. He said he feels th pool rates should not be raised and he thinks that the City could cut down on the deficit with good management over the equipment and materials, etc. He recommended as City Administrator that the City extend the opportunity to come back and manage the swimming pool to Mary Martin. He had given the Council copies of the proposed salary for Mrs. Martin and also the proposed pool schedule. Councilman Tomsic moved for an executive session to con- sider Mrs. Martin's salary. Councilman Barker seconded the motion and it was agreed that this would be discussed in the executive,session following the Council meeting. Mr. Stocks referred to the subject of Grand Vu Subdivisio . Master meter at He stated that there is a master meter that the City bill Grand Vu subdivi- from for water usage in this subdivision but that numerou sion. taps have been made and are being made behind that meter. He gave the Council copies of all minutes having to do with this procedure and asked the Council if it was their intent to allow additional hookups. The Council was in agreement that they simply meant to allow the master mete and no taps behind that. Mr. Stocks and Mr. Coffman will write a letter to the owner of the property and tell him to discontinue making further taps and also ask him to respond assuring the City that he will allow no further taps. Mayor Jacobs stated that he has written a letter to the Utah Department of Transportation asking for a traffic study on the speed limits on either end of town and also the need for another traffic light on 3rd South and Main Street. He also said that the trees that are blocking motorists' vision on some streets will be trimmed. Traffic light need "'and trees obstruct- ing view of streets. Councilman Barker moved that the Council adjourn into ex- Adjournment. ecutive session. Councilman McDougald seconded the motio and the Council adjourned into executive session at 10:31 p.m. ATTE Harold Ja p L City f ecorder APPRA D: ;0!:1011111r 18. ayor 450 CITY COUNCIL Minutes March 20, 1979 Regular meeting. Minutes approved as submitted. City park well bids. Rezoning request for Walnut Lane Market. Ordinance for confor- ming to Robert's Rules of Order. Agenda cancellations. Concrete problems. A meeting of the Moab City Council was called to order at 8 p.m. in the Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Peterson, McDougald, Tomsic, Barker and Wiseman. Also present were City Administrator Stocks, City Attorney Coffman, City Engineer Keogh, Building Inspec- tor Larry Brundage, Police Chief Dalton, Secretary Sandy Cresswell and twenty-one citizens. Concilman Tomsic moved that the minutes of the Council meet- ing of March 6, 19791 be approved as submitted. Councilman McDougald seconded the motion, and it was approved unani- mously. Bids were opened for the well at the new city park. They had been received from W. W. Drilling, Beeman Drilling, and Zimmerman Drilling. Mr. Stocks opened the bids and found that they had been bid in different manners. Councilman Tom - sic moved that the awarding of the bids be tabled until they can be computed and compared. Councilman Wiseman seconded the motion, and it was approved unanimously. A public hearing was held on the rezoning request by Larry Clark to have the Walnut Lane Market Place rezoned from R-4 to C-3. The Planning Commission at their last meeting recom- mended that the rezoning request be approved. Mr. Stocks expressed concern about spot zoning and also about vehicular circulation in that area. Larry Clark was present and said he wishes to make some use of the building and wanted to put it into public storage if the karate studio and the uphol- stery shop wouldn't go. He also stated that the building is up for sale. Citizens present voiced their objections to the to the proposed rezoning, and Ted Knight presented the Coun- cil with a petition signed by all the property owners and residents in that area opposing the rezoning. Councilman Wiseman moved that the recommendation of the Planning Com- mission in their meeting of March 14, as requested by Larry Clark, not be favorably considered. Councilman Peterson seconded the motion. Councilmen Peterson, Tomsic, Barker and Wiseman voted for the motion, and Councilman McDougald voted against the motion. The motion carried. Mr. Coffman, the Building Inspector and Mrs. Arehart, representing the property owners in the area, will meet together to discuss other possible uses for the property. Councilman Wiseman moved that an ordinance be created dir- ecting the City Council and other deliberative bodies cre- ated by its authority to conform to the current edition of Robert's Rules of Order in conducting of business at all scheduled meetings, provided that the Council may by a maj- ority vote from time to time modify or amend such rules. Councilman Tomsic seconded the motion. Attorney Coffman sta- ted that the motion should include the statement, "except as statute rules otherwise." Councilman Wiseman accepted the amendment. Mr. Coffman said he has drafted a resolution to this effect. However, it needs one minor change, and he will have it at the next meeting. The motion was approved unanimously. Pete Byrd and Maude Fairbanks, both listed on the agenda, had cancelled prior to the meeting. Larry Brundage, Building Inspector, came before the Council and informed them that there is a tremendous amount of con- crete in the City which has fallen apart and is less than one year old. At the present time, there is a group of con- tractors who have formed a "union" of sorts and have taken samples of some of the bad concrete to have chemical and struc- tural tests done on it. The results are expected back within two weeks. Mr. Coffman stated that after the results are back, the City will have to take steps to have the problem corrected. There will probably be a large class action brought against the manufacturer. Councilman Barker stated that because of concrete eroding awaT in Walker Subdivision it is causing drainage problems. The Council and Mr. Brundage were in agreement that they would wait for the test results and proceed from there. 451 M M U Mr. Brundage also brought up a zoning problem. He said that Mr. Croasmun on Main Street behind the Poplar Place as operating a trucking company from that premise as well as repairing the tires, etc. He has been asked to clean up his lot, but the City was just made aware of the truck- ing business being carried on at that location. Mr. Brun- dage has turned the violation over to Mr. Coffman and has been trying to work with Mr. Croasmun, but he refuses to take any action. After much discussion, Mr. Coffman sug- gested that the Council consider allowing a trucking bus- iness in a C-5 zone and then approach him and tell him to clean up or not operate the business. Councilmen Barker and Wiseman expressed opposition to allowing Mr. Croasmun any more time or chances. It was agreed that Mr. Coffman would make the decision as to what to do and would have something concrete at the next meeting. Councilman Barker referred to possible flooding problems i Walker Subdivision. She stated that when Mr. Walker had wanted to put in his few homes, the Council had done an on site inspection and had decided that there was not enough flood control and that building should not be allowed to continue until the developer can show that the drainage from the subdivision being developed would not cause prob- lems with the streets below due to changing the channel. However, there is a new subdivision going in up there now. Also, she said there was supposed to have been a flood study made and completed last year, but they hadn't seen that report yet. The Mayor stated that a study was done by Schick International and that copies are available for the Council to study. Mr. Keogh said the present road would help to divert any water through Mr. Walker's property. Mr. Coffman discouraged a moratorium on building permits in that area. He said there is adequate competence in the City personnel presently to provide good control on the flooding problems in that area. Mr. Stocks said he met with the Community Board two weeks ago, and they told him Moab stands a good chance of getting some funds for flood control. Chief Dalton asked about a certain applicant for a police officer position. He was told it was handled in the exec- utive session. Chief Dalton stated he is planning to go to a Chief's con- vention in St. George for the next three days. Councilman Barker moved that he go. Councilman Peterson seconded the motion, and it was approved unanimously. Councilman Tomsic asked who was responsible for the ticket- ing of cars that have out-of-state license plates and the owners are employed locally. Chief Dalton stated it was the duty of all the law enforcement officers, and Council- man Tomsic requested that they work on this problem. Marilyn Cooper came before the Council and asked about the recent change in the taxes they were being charged on gas bills. Mr. Stocks said he will explain it to her if she will come in the office tomorrow morning. Mr. Keogh, City Engineer, stated that plans are finalizing for the improvements and paving to be done along Mill Creek Drive. He has worked up some estimates but has not marked the lines yet for curb and gutter. The plan would be to let the contract on the curb and gutter and then cut and fill the road. He felt that maybe the City should wait for the results on the concrete testing before letting out bids for curb and Sutter. Mr. Stocks suggested that we go ahead and advertise and accept bids waiting for the results of th tests. Then, if there is a real problem, the City has the right to reject all bids. Mr. Keogh agreed to do so, Mr. Coffman stated that the vehicles have been moved from the right-of-way on the Ray Stratton property and that some cleanup had been done. He wanted to know if the compliance was satisfactory. Mr. Wiseman stated he feels the property is still unsatisfactory. Mr. Coffman will write them a letter and tell them their case will be in court on the nex motion day. Trucking company on Main Street. Possible flooding problems in Walker Subdivision, Police officer job applicant. Police Chief con- vention. Ticketing of out -of - state -locally -emp- loyed car owners. Tax change on gas bills. Bids for paving and improvement of Mill Creek Drive. Vehicles moved from right-of-way on Stratton property. 452 Abandoned cars. One -hour parking along Center Street. Ticketing of cars parked the wrong way in residential areas Annual cleanup day. Donation to the Rec- reation Board. Interim status rep- ort on Well No. 11. Funding for swim pool. Form for reports given to Council. Praise for City's attempts in ordin- ance conforming. Utah Power and Ligh to cover their fend Praise for Robinson on data gathering. A discussion was held concerning old abandoned cars parked in different places in town. Mayor Jacobs stated that the junk car dealers will not even haul off the old cars because it is not financially worth it to them. It was decided that after all legal recourses are used, the City will haul off the cars at its expense. Mr. Coffman stated that the one -hour parking along Center Street has been strictly enforced lately but that there are only two signs along there. He suggested that the City install a few additional signs. Mr. Coffman also stated that cars are bding ticketed for par- king the wrong way in residential areas sand asked that it be slowed down until he can get his hands on the proper statutes. The Council was in agreement that the ticketing should continue, without any partiality being shown. Mr. Stocks asked about the annual cleanup day which he has been asked about recently. Councilman Peterson informed him that it is usually handled by the Chamber of Commerce, but the City crew works that day and the City provides trucks to haul off the garbage. Mr. Wiseman will contact the Chamber to see when the date will be. Mr. Stocks referred to a memo he had written the Council regarding the donation to the Recreation Board and asked for their suggestions. Councilman Barker stated that the payroll has always been handled by the City as a convenience. Also, the Board would like to pay for the water usage but might be unable to until the end of this fiscal year. She asked that Mr. Stocks attend their next meeting but stated that for the present fiscal year, the City should continue to handle things as they presently are except for lump sum contributions. The Council was in agreement that Mr. Stocks should pay invoices to handle the City's donation instead of giving a lump sum donation. Councilman Barker stated she feels the City should administer the Recreation program. Members of the Council felt that since the County is the largest contributor, they should handle it. Mr. Stocks had given the Council copies of an interim status report on Well No. 11. He asked them to review it and rep- orted that they will be starting a recovery program Thursday or Friday. Don Robinson was present, and Mr. Stocks stated that Don's work will aid the City greatly in regulating water usage and helping to avoid a shortage in the summer months. Councilman Barker stated that the City applied last year to the Outdoor Recreation Agency for funding for a swim pool but that the City was turned down because it has been communicated to the Agency that the project was not fully supported but was mostly one person's idea. The Council was in agreement that they were in support of the swimming pool project one hundred percent. Also, when a new appli- cation is submitted this year the cover letter will be signed by each one of the Councilmen. Councilman Wiseman requested that when the Administration receives reports they be given to the Council in capsule form. Councilman Peterson expressed praise at the City's attempts to make people conform to the ordinances. Councilman Peterson stated that when Utah Power and Light was granted their fifty-year franchise he mentioned to them that he would like them to cover their fence surrounding their yard. They said they would budget for it. After nothing was done a year ago, Councilman Peterson asked them about it, and they said they couldn't afford to cover it and were going to plant climbing roses. However, they still haven't done anything. Councilman Peterson asked the Admin- istration to contact the Utah Power and Light head office and ask them to fulfill their promise. Councilman McDougald commended,Don Robinson for the fine work he has done in gathering data on the City's wells. M c� V V Mayor Jacobs informed the Council he had received a letter of resignation from Joanne Lish, the City Treasurer and that after due consultation with the City Administration would like to appoint Barbara McLeod to that position, effective April 1, 1979. Councilman Wiseman so moved. Councilman Barkdr seconded the motion, and it was approved unanimously. Mr. Coffman informed the Council that the salary for the new Treasurer will have to be advertised unless she will be paid the same as the present Treasurer. Councilman Tomsic moved that the bills be approved as sub mitted for a total of $13,428.01 from General Fund and $85.49 from Revenue Sharing fund. Councilman McDougald seconded the motion, and it was approved unanimously. Councilman McDougald moved that the Council adjourn into executive session. Councilman Wiseman seconded the motio , and the meeting adjourned into executive session at 11:05 p.m. ATTEST: APP i D ye," arold Jacob CITY COUNCIL Minutes April 3, 1979 Mayor A regular meeting of the Moab City Council was called to order at 8 p.m. in the City Council Chambers by Mayor Harold Jacobs. Present were Councilmen Barker, Tomsic, Peterson, and Wiseman. Also present were City Administra for Bud Stocks, City Engineer John Keogh, Police Chief Mel Dalton, Treasurer Barbara McLeod, Deputy Recorder Judy Marshall and fifteen citizens. Councilman Barker taquested the minutes of the regular City Council meeting held on March 20, 1979 be changed to read as follows: Page 2, last paragraph to read: "Councilman Barker referred to possible flooding problems in Walker Subdivision," and the following sentence to end "should not be allowed to continue until the developer can show that the drainage from the subdivision being developed would not cause problems with the streets belo due to changing the channel." Councilman Tomsic made the motion the minutes of March 20, 1979 be approved with th above correction. Councilman Wiseman seconded the motio , and it was approved unanimously. State law requires that setting the salary of Treasurer be done at a public hearing. Mrs. Barbara McLeod was appointed as City Treasurer on April 1, 1979. The per- sonnel policy salary schedule lists the position of Treasurer as Grade 14. Grade 14, step 1 starts at $879 per month. Councilman McDougald entered the meeting at this time, at 8:03 p.m. Councilman Barker made the motion the Treasurer's salary be established as per the employee manual at $879 per month. Councilman Peterson seconded the motion, and it was approved unanimously by roll call vote. Floyce Wells was present to request a locust tree which had been planted adjacent to her property several years ago by the Shade Tree Commission be removed. She stated that pods which are full of seeds fall from the tree int her yard and are a problem. Councilman Tomsic moved tha the City remove the tree. Councilman Barker seconded th motion, and it was approved unanimously. Mrs. Well's 451 Resignation of Joanne Lish, City Treasurer. Bills approved and adjournment. Regular meeting. Minutes corrected and approved. Setting of Treasur- er's salary. McDougallenters meeting. Approval of Treas- urer's salary. Request for removal of tree. 4 5'4 neighbor, Mrs. Edwards, requested that she be allowed to cut down the tree for the wood, and she was given permis- sion to do so. Maternity benefits Mr. Al Price from Blue Cross -Blue Shield of Utah informed brought to full cov- the Councilmen that a newly -enacted federal law: Public erage under Blue Law 95-555, an amendment to Title VII of the Civil Rights Cross -Blue Shield. Act of 1964 was passed October 13, 1978 and requires that as of April 29, 1979 our maternity benefit be changed to bring our policy into compliance. Currently our policy pays $150 to the doctor for delivery of a baby. Where our policy covers other procedures in full, maternity coverage must also be in full. Increased cost would be $1.20 for a single contract and $6.50 for a family contract. Anyone who is now pregnant would be covered in full, and anyone who is hired after May 1 would not have a 9-month waiting period to be covered. The benefit also applies to the spouse of male employees. Mr. Price pointed out that the Act would not allow a decrease in coverage until October 1, 1979. Our anniversary date of the policy is July 1, and our premium is to be reevaluated at that time. Councilman Peterson made the motion that the City pay the additional $1.20 per month to increase our maternity to full coverage and that if the employee wishes to cover his family that he pay the difference in cost between the single -contract rate and the family -contract rate. The motion was seconded by Councilman Barker and approved unanimously.. Sequential pumping Don Robinson, a City employee, explained to the Council a and resting of wells water report which he had prepared which provides for sequen- tial pumping of wells. He has proven that resting a well increases the productivity of a well. The plan provides for resting groups of wells and pumping groups of wells, so some wells will always be resting. He was confident that following sequential pumping there would be more water available than last year. Proposed curb and Mr. Bill Groff stated he had been doing some research on the gutter for south sid= Mill Creek Drive Project for the road and stated that he of street at Mill understood the City would be putting curb and gutter on Creek Drive. part of the sections of the road. He walt'd to find out how the locations for the curb and gutter were decided and to find out if there was a possibility of getting curb and gutter on the south side of the street where he lives. He stated that there is a flood control problem on that side of the street when it rains. He wished to know if there is a possibility of getting a flood control proposal to put curb and gutter on the south side as well as there is a bad erosion problem. Mr. Groff asked how the north side of the street qualified for funding for curb and gutter and not the south side. Mayor Jacobs stated that they would be increas- ing the volume of water on the north side of the street but not on the south side. Mr. Groff stated he had contacted a majority of the property owners, and they have all agreed to putting curb and gutter on their own as an improve- ment district if the City will not include it in this project. He further stated that if they qualify for flood control money, that is what they want. Councilman McDougald stated he would like to go on record as saying that you don't build streets with curb and gutter on one side and not on the other. Following considerable discussion, Councilman Barker moved that the discussion not be continued with the City Council but that the administration and the engineer look more deeply into the matter and report back at the next Council meeting. The motion was seconded by Councilman Wiseman and approved unanimously. Utah Gas Service rate Mrs. Jerry Pilling, Mrs. Marilyn Cooper and Mrs. Shirley Shel- increase. ton were present on behalf of the Democratic Women and stated that they had met Friday with a committee from Consumer Ser- vices in regard to the recent rate increase of Utah Gas Ser- vice Company. The delegation requested that the City request an audit of Utah Gas Service books to determine if they are making excess profits. They further requested that the City Council make a formal request to the Public Service Commission that a feasibility study be made for another gas service to serve Moab. Following considerable discussion, Councilman Wiseman made the motion that Council not make a decision in regard to the above requests until the next City Council meeting, at which time Attorney Coffman could make a deter- urination on the advisability of requesting the feasibility study. The motion was seconded by Councilman Tomsic and approved unanimously. Attorney Coffman presented Resolution No. 4-79 to adopt the Robert's Rules of Order, current edition, as rules of procedure by which the Council and all deliberative bodies created by its authority shall conduct their meetings, except where statutory authority of the State conflicts with Robert's Rules of Order. Councilman Barker made the motion Resolution 4-79 establishing Roberth Rules of Order as the rules of procedure whereby the City Council and all deliberative bodies created by its authority conduct their meetings. The motion was seconded by Councilman Wiseman, and the motion carried. Councilman McDougald abstained as he stated he did not feel Robert's Rules of Order applies to municipal governments. The Resolution reads as follows RESOLUTION NO. 4-79 Rules of Procedure WHEREAS, the Utah Code Annotated, Section 10-3- 606, provides that "except as otherwise provided by law the governing body of each municipality may establish its own rules of procedure for the proper conduct of its meet- 01 ings," and, ':t4 WHEREAS, it is the desire of the City Council of Cn the City of Moab to adopt uniform Rules of Procedure for the conduct of the meetings of the City Council, and of Vall other deliberative bodies created by the sole author- ity of the City Council, NOW, THEREFORE, be it ordained by the City Coun- cil of the City of Moab that Robert's Rules of Order, cur- rent edition, is hereby adopted as the Rules of Procedure by which the Council, and all other deliberative bodies created solely by its authority, shall conduct their meet- ings, provided that the Council may by majority of its quorum; notwithstanding the foregoing, where the statutory authority of this State conflicts with the Rules of Pro- cedure herein or hereinafter adopted, the statutory auth- orities shall prevail. This Resolution shall become effective upon its execution by the Mayor and Recorder. PASSED by majority vote this 3rd day of April , A.D., 1979. ATTEST: iror /s/ C. s cks, Rec./der of the City of Moab /s/ Harold Jacobs, Mayor of the City of Moab 455 Attorney Coffman reported on a meeting he and Councilman Jerry Croasmun's Wiseman and Mr. Stocks had had with Mr. Jerry Croasmun in trucking operation. regard to unsightly debris at his place of business on Main Street just north of the Poplar Place and that Mr. Croasmun had agreed to remove all debris and machinery which is stored there and take down any parts of building which were left standing from the fire, have vehicles in nonworking condition removed, place all tires in an en- closure located behind and to the east of the Friendship Inn and would make an application before May 1 to the Boa of Adjustment for a variance to allow the fence to stand as a screening fence. If he doesn't comply by May 1, the City will take legal action. The City was to study to see if a trucking business could be allowed in a C-2 or C-3 zone. At the present time, there is no zone in the City which allows a trucking business. It was pointed out that Mr. Croasmun doesn't have a license to carry on a tire operation. Attorney Coffman also stated that he and Bud Stocks and Councilman Wiseman had also met with Mrs. Arehart and Larry Clark on the use of the former Walnut Lane Market Place on 1st West and that it appeared Mr. Clark would be satisfied by a solution which would allow storage unit in an R-4 zone. Since an R-4 zone is designed to allow mobile home parks and that storage units are often used b occupants of mobile homes, it was felt that it was not an incompatible use to allow private storage units. Mrs. Mini -storage in R-4 zones. 456 Trucking companies within a C-2 zone. Compliance with the City on the Stratto property. Obscuring of UP 6 L fence. Bids on City Park well. Proposed increase i garbage collection rate (Bob's Sanita- tion). Utah Municipal Trea surers' Association meeting. Arehart felt the traffic from that type of business would be minimal and that it would not be an obdectionaBle use. Mr. Stocks pointed out that at the present time storage units are not specifically allowed in any zone. Storage units are now being allowed where warehouses are allowed and stated that R-4 seems to be the most compatible zone. Councilman Tomsic made the motion that we consider and publish a public hearing on a proposed ordinance amendment allowing mini -stor- age in an R-4 zone. Councilman McDougald seconded the motion, and it was approved unanimously. Discussion was also held regarding establishing a zone which would permit a trucking business in the city. Attorney Coff- man was directed to draft an ordinance within thirty days which would permit a trucking company in a C-2 zone. Attorney Coffman stated he had recently gone by the Stratton property and that he has substantially complied with what the City had required, except for weeds in the City easement. Mayor Jacobs stated he would have the City remove the weeks on City property. It was pointed out that he now has some rabbits and chickens on the property, and it was decided to have Larry Brundage, the Building Inspector, contact Mr. Stratton and direct him to remove the rabbits and chickens. Bud Stocks reported on the directive he had been given regar- ding the Utah Power and Light Company fence. There was no mention in any contract or agreement that they would make their fence obscuring, so the minutes were researched and found one reference to a request that they improve the appear- ance of the fence around the storage yard which faces the City Park. Mr. Stocks stated he had talked to Mr. Jay Bell of the local office, who called Mr. Ray Walker and suggested that they really should do something about it, as agreed. Mr. Stocks felt that something could be done by dealing with Mr. Bell. Bud Stocks reported that on the three bids for the well at the City Park the low bidder was W. W. Drilling at $14.50 per foot. The next bid was Zimmerman at $15.00 per foot. The total cost difference between the two bids would be $75.00, out of $2,250.00. Mr. Horace Beeman's bid was essen-' tially the same as Zimmerman's except that Zimmerman didn't put a limitation on the bailing and cleaning time. Mr. Beeman gave six hours of bailing and cleaning time, and if it takes more than six hours he would want $35 per additional hour. It was pointed out that Mr. Zimmerman and Mr. Beeman have previously done work for the City and are consulted on a free consultant type basis when needed. Mr. Stocks did not know who operated W. W. Drilling and had been unable to con- tact them by telephone and unable to locate anyone who had had them drill a water well. Councilman Peterson made the motion that the bid of Zimmerman be accepted. The motion was seconded by Councilman Barker and approved unanimously. Bud Stocks reported that Bob Hawks of Bob's Sanitation, who has a contract with the City, had contacted him in regard to his contract which has one more year after July 1 of this year. There is an escalation clause in his contract. Mr. Hawks didn't request an increase in his prices last year, and the last increase was in 1977. Mr. Hawks had reported to Mr. Stocks that he would like to request an increase in the residential garbage collection rate from $6.00 to $6.25 per month because of the increase in gas, tires, wages, having to buy a new truck, etc. It was the consensus of the Council that when they reconsider the contract that Mr. Hawks make a proposal and have figures to substantiate the need for the increase. Bud Stocks stated that the Utah Municipal Treasurers' Associ- ation is holding a meeting in Fillmore, Utah on April 19 and 20. He stated he had planned to send Barbara McLeod, the City Treasurer, but that he would also like to attend as there will be instruction on investments for small cities and pooling with state funds for higher interest rates and other fiscal matters. It was the consensus of the Council that both should attend. Litter on City Mar- Discussion was held regarding litter on the City Market parkins ket parking lot lot. Bud Stocks stated he had talked to Mr. Walker two times and that Chief Dalton has talked to him. Mr. Stocks sug- gested that Attorney Coffman write a letter to Mr. Walker. Councilman Tomsic made the motion that the bills be ap- Bills approved. proved in the amount of $19,872.89. The motion was secon- ded by Councilman Wiseman and approved unanimously. Council adjourned to executive session at 10:45 p.m, on a Adjournment. motion by Councilman Wiseman, seconded by Councilman Pete son, and was approved unanimously. ATTEST: Ci APP i°)./ 7149; 2‘' rold CITY COUNCIL Minutes May 1, 1979 da M Q A regular meeting of the Moab City Council was called to Regular meeting. V C> order at 8 p.m, in the City Council Chambers, Moab City Hall, by Mayor Harold Jacobs. Present were Councilmen Wiseman, Peterson, McDousald, Tomsic, and Barker. Also present were City Administrator Bud Stocks, City Engineer Keogh, Police Chief Mel Dalton, City Treasurer Barbara McLeod, City Attorney A. J. Coffman, Building Inspector Larry Brundage, Secretary Dee Honeycutt, and 17 citizens. Mayor 457 The minutes of the April 3, 1979 Council meeting were re- Minutes approved. viewed, and there were no changes made. Councilman Wise- man made the motion to accept the minutes as submitted. Councilman Barker seconded the motion, and it was a..rove unanimously. Maude Fairbanks from the University of Utah School of Al- School of Alcohol cohol and Drugs was present to announce a special course and Drugs. given by the University. This course, the subject of which is alcohol and drug abuse, has 160 participants. She said the school would match the City if they decided to enroll two people, so that two could so for the price of one, a cost_of $100 tuition and $75 for room and board for'the week of the course,'June •17-22. She said the 17- workshop course was beneficial to-teachert,,law enforce- ment officers, and others dealing with the problems of,al- cohol andrdrug abuse. Councilman Barker spoke in favor of the school, as well as Don Robinson, who said he had attended some of the sessions of the alcohol and drug abuse program. Councilman Barker made the motion that the City provide the $175 necessary for two individuals to go. Councilman Tomsic seconded the motion, and it was approved unanimously. Mayor Jacobs reported that in executive session of the Council, there had been discussion concerning the appoint went of Steve Brownell to the position of Police Chief Assistant. This would be a new position, and would have the responsibilities of assisting and taking over in Pol- ice Chief Dalton's absence. It was also proposed that th position have a grade of 18-1. Councilman Barker made the motion to instate this new position with the grade of 18-1, and that Steve Brownell be appointed to that posi- tion Councilman Peterson seconded the motion, and it was approved unanimously. City Engineer John Keogh stated that if and when the bids are let on Mill Creek Drive, there would be no holdup. They have it all staked, but the cuts and fills have not been marked. Be said this would take just a short time to do. Police Chief Assis- tant. Bids on Mill Creek Drive. 458 City underbilled. Proposed amendments Cleaning up of Croasmun property. Easement to service Robin's Nest Subd. Purchase of Rules of the Road 1978. Stocks to set up public hearing. Drainage problems in Robin's Nest Subdivision. Ad -ertising of R-4 zone amendment. Trucking companies. Beeson asks about Robin's Nest Subd. It was brought out that due to an administrative error in Mr. Keogh's billing to the City for surveying and engin- eering work, the City had been underbilled 81,977.50. In July 1977, a new rate schedule for billing was put into effect. Proper billing was then done up until March 1978, then someone started billing off the old rate schedule. Councilman McDougald made the motion that the difference be made up by the City after documentation of the under - billing. Councilman Barker seconded the motion, and it was approved unanimously. City Attorney A. J. Coffman briefly explained three pro- posed amendments to be advertised for a public hearing. These amendments include the adopting of the Utah Rules of the Road 1978. Mr. Coffman stated that these had been adopted for the State of Utah, and the City must also adopt them to comply with the State. Secondly, was an amendment to the dog ordinance to include people harbor- ing a dog to have the same responsibilities as an owner. Another amendment to be proposed is the making of the possession of marijuana a misdemeanor in the City. The prosecution for possession would generate revenue for the City. Mr. Coffman said that the State of Utah already considers marijuana possession a misdemeanor. Mr. Coffman also proposed, with the permission of the Coun- cil, the enforcement of the cleaning up of the Croasmun property, located between the Friendship Inn and the Poplar Place on Main Avenue. He also talked about a surface water easement to service the Robin's Nest Subdivision. He said he would prepare documents for those with a property interest in the ease- ment, and hoped they would support the easement since it was for their benefit as well. Mr. Coffman suggested that the City buy copies of the Utah Rules of the Road 1978, which he had talked about earlier. He felt the City should order approximately 20 copies and distribute them to the policemen. Mayor Jacobs left it to City Administrator Bud Stocks to set up a public hearing for the items which Coffman had discussed. Councilman Wiseman said he felt that the drainage problems with Robin's Nest Subdivision were caused at the time of the construction of the subdivision, and that the City should not take total responsibility for these problems. He said that the developer of the subdivision did not seem interested in solving the problem. Mr. Stocks said that Councilman Wiseman was partially correct, but that the problem would only be solved by taking the service water out of the area to the west. Councilman Wiseman concluded by saying that he hated to see City money going to problems that should have been solved by the developer. Mr. Coffman said he would attempt to include the devel- oper of the Robin's Nest Subdivision in some sort of mon- etary settlement. Mr. Stocks said that he would see to the advertising of the proposed amendment to the ordinance concerning R-4 zones. The amendment will allow the existence of mini - storage units in R-4 zones, which primarily consist of mobile home parks. Mr. Coffman is to prepare that amend- ment before advertising. Councilman Wiseman asked what had been decided concerning trucking companies in certian zones. He was told that nothing had been decided on the issue. Mark Beeson was present in the audience to ask about the drainage problem in the Robin's Nest Subdivision. He said he mostly wondered about the progress that had taken place since last December and January. Mr. Stocks stated that they are working on the problem. Mayor Jacobs said some of the holdup was the obtaining of a legal right-of-way to be able to go in and work on the drainage problem. City Administrator Stocks said that he would relinquish 459 part of his time on the agenda to a group of contractors Contractors report who wanted to air their feelings on the problem of con- on concrete crumb- crete crumbling in the City. Fred Johnson, the spokesman ling. represented the Moab Contractors' Association in his _ statements that the Association felt they were being slan dered upon in an article published in the Times Indepen- dent newspaper. He said the Association felt that the article was questioning their abilities. He said the con tractors were concerned about the quality of the concrete and took it upon themselves to finance the testing of the concrete by the Pittsburgh Testing Laboratories. They did say, however, that they appreciated the City tak ing samples to Salt Lake City and the help that Building Inspector Larry Brundage had given them. Frank Hobbs had called the Pittsburgh Testing Laboratories and asked them what the test meant. The contractors said PTL had stated that the problems were with the batch plant and had nothing to do with the way the concrete was laid or finished. Mr. Johnson said the Contractors' Association feels that the tests show that Moab Ready -Mix is at fault He stated the report showed there was little or no air entrainment in the concrete. City specifications call for 5 to 8 percent air entrainment for concrete that is exposed to the weather. There were irregular and porous aggregates, and the cement had not been mixed thoroughly. There was also debris, sticks, weeds, etc., reportedly 00 found in the concrete. Mr. Johnson then stated that the Q Associatton felt that the City and County were going to V have to take some of the responsibility for the bad con- crete. He stated this was because the City and County had not equipped their inspector with the proper tools, such as air entrainment meters, which cost $300 to $400. He stated everyone had trusted Moab Ready -Mix, but that they should have been watched more closely by the con- tractors, the City and County. Mr. Johnson said that the Association feels that the City and County inspector should be equipped with all necessary tools to ensure tha the problem does not happen again. Jerry Ward, a contractor, said he felt the City should Ward speaks in favor look into the problem and take some of the responsibility of contractors. He answered Councilman Barker's question of whether the concrete the contractors order must meet certain specifi- cations. He said no as far as air entrainment was con- cerned, that that was the responsibility of the batch plant, and was suppossed to be regulated by the City. He said if the City hasn't been keeping up on those require- ment, the contractors should not be held responsible. Mr. Stocks referred to Specifications Section 2, Subtitle Stocks refers to D, and emphasized that it was not the City's responsibil- Specs. ity, but that of the contractors. There was considerably more discussion conerning respon- Discussion. sibility and what was considered the biggest problem with the concrete. There was also discussion as to the buying of an air entrainment meter for the contractors and City. Mr. Stocks stated this machine would cost approximately $450. At the request of Mayor Jacobs, it was decided to table Tabling of the issue the issue until a later date when the City and contrac- tors could get together and have more time to discuss the problem. Jerry Ward volunteered to be in charge of get- ting the men together for the meeting. The motion for approval of a Cabaret license for the Mi Mi Vida Cabaret Vida Restaurant was made by Councilman Peterson. It was license. seconded by Councilman Tomsic, and approved unanimously. There was some discussion concerning the granting of Improvement District risht-of-way easements to the Spanish Valley Improvement easements. District for sewer line extensions. Councilman Wiseman made the motion that the Improvement District be furnishe the easements they requested, and it was seconded by Coun cilman Barker. The motion was approved unanimously. 460 Transient merchant. It was decided that Solar Mate Industries, an insulation company that had come to Moab and who had a salesman in Blanding, with a main office in Mesa, Arizona, be consid- ered a transient merchant when obtaining a sales license. UL of C & T work- shop. Budget hearing scheduled. Ordinance 1-79. PA system in COun- cil Chambers. Praise for Council City Administrator Stocks reminded the Council of a Utah League of Cities and Towns workshop to be held May 4 in Price, Utah. The public budget hearing was scheduled for June 8 at 7 p.m, in the Council Chambers. The motion to approve Ordinance 1-79, a rate increase for Town Television, was made by Councilman Tomsic. It was seconded by Councilman Barker, and approved unanimously. The ordinance is as follows: ORDINANCE NO. 1-79 AN ORDINANCE AMENDING ORDINANCE NO. 17-77, SECTION 7, CON- CERNING A RATE INCREASE FOR REGULAR SUBSCRIBER SERVICES FOR CABLE TELEVISION SYSTEM IN THE CITY OF MOAB. Ordinance No. 17-77, Section 7, (A) Residential Subscri- bers and (B) Commercial Subscribers is hereby amended to read as follows: (A) Residential Subscribers Monthly service rate per month Installation charge -First outlet Additional outlet Relocation Relocation of additional outlet Reconnect Transfer to cabled home Transfer to non -cabled home Installation of wall jack Installation charge -Underground (B) Commercial Subscribers No. Units 1-10 11-20 21-30 31-40 41-50 51-60 61-70 71-80 81-90 91-100 $ 9.45 20.00 12.50 12.50 12.50 10.00 10.00 20.00 5.00 30.00 Per Unit $3.95 3.90 3.85 3.80 3.70 3.60 3.50 3.40 3.30 3.20 This ordinance shall become effective May 1, 1979 with the May billing by Town Television, Incorporated. PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 1st day of May, 1979. ,, ATTEST APPROVED /s/ Gerald Stocks /s/ Harold Jacobs City Recorder Mayor SEAL Councilman Wiseman suggested that a PA system be installed in the Council Chambers because of the trouble in hearing sometimes. Mr. Stocks received instruction to secure prices for a possible installation of such a system. Councilman McDougald had praise for the Council in the way that it handled the matter of the concrete conflict earlier in the meeting. M U V Councilman Tomsic made the motion that the bills for April 17 and May 1, 1979 be approved. The motion was sec onded by Councilman Barker, and it was approved unani- mously. Councilman Wiseman moved that the meeting be adjourned. Councilman McDougald seconded the motion. It was a..rov unanimously, and the meeting was adjourned at 9:42 p.m. ATTEST: Bud %c s, Recorder APP 'D: ' arold� CITY COUNCIL Minutes May 7, 1979 Mayor An emergency meeting of the Moab City Council was called by Councilmen Tomsic and Barker. The meeting was called to order by Mayor Harold Jacobs at 3:10 p.m. Monday, May 7, in the Courtroom of the Moab City'Hall. Present were Councilmen Tomsic, Wiseman, Petersori, Barker, City Admin istrator Bud Stocks, Building Inspector Larry Brundage, and Secretary Dee Honeycutt. Also present was the Admin istrator of the State Department of Contractors, Robert Frome, and approximately 25 citizens and contractors. Mr. Frome began by saying that an authority should be hired to testify to the extent of the quality of the con crete that was laid in the City and is now crumbling. H highly recommended Dr. William Cordon of Utah State Uni- versity as the person who should test the concrete, because he felt Dr. Cordon is an expert in the field of concrete problems. Mr. Frome also stated that Dr. Cor- don's fee for such a service is approximately $75 per hour, but felt that he could probably give a more accur- ate analysis than Pittsburgh Testing Laboratories, which had also run tests on the same concrete. Mayor Jacobs stated that Pittsburgh -Testing Laboratories were unable to make more tests on the concrete than they did because they were only given a certain amount of con Crete to test, and were not brought to Moab to make the tests at the actual concrete locations within the City. By bringing Dr. Cordon to Moab, more tests could be run. The spokesman for the Moab Contractors' Association, Fre Johnson, stated that he felt the contractors had already spent a great deal of money in the financing of the test by Pittsburgh Testing Laboratories, and felt that it was the City's turn to take some of the financial responsib- ilities. Present at the meeting was Robert Fillerup, an attorney representing the Moab Contractors' Association. Mr. Fil lerup recommended that if an authority is indeed hired to conduct the tests in Moab, he should be told that he is working independently of the City or contractors, so that his report would be unbiased. Councilman Peterson made the motion to hire the services of Dr. Cordon. The motion was seconded by Councilman' Barker, and it was approved unanimously. The approval of the motion was followed by the discussio of certification of the batch plant to cut down on bad concrete in the future. Councilman Tomsic went on recor as saying she thought that an air entrainment meter should be required for testing the concrete at the cemen plant. 461 Bills approved. Adjournment. Emergency meeting. Cordon recommended to test concrete. More testing could be done. Johnson says City should be more res- ponsible. Fillerup says auth- ority should be independent. Motion to hire Cor- don. Cutting down on bad concrete. MC gof batch plan certification. Mr. Brundage said it would cost between $20,000 and $50,000 to certify the batch plant. Air entrainment meter. Reasons for crumb- ling. Next best authorit to be recommended by Cordon. Adjournment. Regular meeting. Corrections and approval of minutes. Fred Johnson suggested the batch plant and the City/County inspector have an air entrainment meter. Mr. Johnson wondered what was the effect of concrete that was mixed with cement that was still hot. Fletcher Kerby also asked if it might be the content of the City water that made the concrete crumble. He was told that the City water was up to standards for drinking, but that if there was something in it that made the concrete crumble, this would come out in the test results. It was decided that in the event that Dr. Cordon would not be able to run the tests, he would be asked to make a rec- ommendation as to the next best authority to employ to conduct the concrete testing. Councilman Barker moved the meeting be adjourned. It was seconded by Councilman Wiseman and approved unanimously. The meeting adjourned at 3:55 p.m. APPED: Haro Jac , Mayor ATTEST: Bud Stocks I ecorder CITY COUNCIL Minutes May 15, 1979 A regular meeting of the Moab City Council was called to order at 8:01 p.m. by Mayor Harold Jacobs in the Council Chambers, Moab City Hall. Those in attendance were Councilmen Wiseman, Barker, Tomsic, McDougald, and Peterson. Also present were City Engineer John Keogh, City Attorney A. J. Coffman, City Administrator Bud Stocks, Secretary Dee Honeycutt, and 16 cit- izens. These corrections were made on the minutes of the May 1 and May 7, 1979 Council meetings: Councilman Wiseman suggested, and Councilman McDougald moved that the sixth full paragraph on Page 2 of the May 1 minutes be changed to add this sentence to the very end of the paragraph: "Mr. Coffman said he would attempt to include the developer, of the Robin's Nest Subdivi- sion in some sort of monetary settlement." Councilman Tomsic seconded the motion, and it was approved unanimously. Coun- cilman Tomsic suggested several changes be made on the last paragraph of the first page of the May 7 minutes, so that the paragraph's meaning would be more clear. In the statement in that paragraph, she suggested that an air entrainment meter should be required. She asked that this statement be changed to specify that the cement plant be the party required to have the air entrainment meter. She also said the next sen- tence beginning, "Mr. Brundage said it would cost . . .""be put in a completely new paragraph, as well as the next sen- tence which begins, "Fred Johnson suggested . . ." A clar- ification correction to that same sentence was made. It reads, corrected, "Fred Johnson suggested the batch plant and the City/County inspector each have an air entrainment meter." Councilman Tomsic moved that the minutes for the May 7 meeting be approved with those corrections. Councilman Wise- man seconded the motion, and it was approved unanimously. At the suggestion of Mr. Coffman, Councilman McDougald moved that the last sentence of Page 3 of the May 1 minutes be changed from "Mr. Coffman stated," to "Mr. Stocks stated this machine would cost approximately $450." Councilman Tomsic seconded the motion, and it was approved unanimously by the Connell. The first matter at hand was the consideration of the annexa- Annexation voibd,3 tion of property owned by the Stewarts, Ricks, Pecks, and Holy oaks. The annexation was made void by a recent withdrawal of an annexation petition by the Ricks, so the matter was dropped for the time being. Next on the agenda was a request by the Fight Local Utilities F.L.U.F. Committee:" Fund Committee (F.L.U.F.) to the Council to conduct an audit of the books of Utah Gas Service for the months of January, February, and March. Jerri Pilling was present at the meeting representing the F.L.U.F. Committee, the Democratic Women, and more than 2,500 citizens who signed a petition which was pre- sented to the Consumer Advocate Committee. This petition was not presented to the Council, and is, therefore, not included in these minutes. Mrs. Pilling stated the audit was needed to check to see if the gas company was getting excessive profits from increased,gas rates for those three months. She read part of Section 8 of the franchise ordinance with Utah Gas Service with the understanding that an audit could be conduc- ted of the company's profits. After Mr. Coffman read the sec- tion of the franchise ordinance, he said it stated that an appointed auditor or committee would have access to the com- pany's receipts, but not to audit the general operations, or profits. Mr. Stocks was curious as to who had the actual authority to request such an audit of the Public Utilities Commission. Mr. Coffman said no to Mr. Stocks' question of whether the Demo- Q cratic Central Committee had the right to abrogate the contrac U between the City and gas company. ✓ Councilman Peterson entered the meeting at this time, 8:25 p.m Peterson enters meet- ing. Mrs. Pilling then made another request to the Council, asking if they could instigate with Utah Gas Service a contractual agreement between consumer and gas company so :hat the consu- mers and gas company would know what to expect of each other. It was decided that Mrs. Pilling should bring in a pamphlet distributed by Utah Gas Service at time of hook-up, and that Mayor Jacobs, Mr. Stocks, and Mr. Coffman would get together and discuss the matter. Councilman McDougald moved that the Council cooperate with the consumer group headed by Mrs. Pilling to establish the figures requested, the rates, and the justifications of Utah Gas Ser- vice. Councilman Barker seconded the motion, with the approve from Councilman McDougald to add that it was in reference to assisting in the request for an audit, rather than making the audit. The motion was approved unanimously. A. J. Coffman brought up the subject of the problem of numer- Cat ordinance. ous cats out and roaming the town. At an earlier meeting, Councilman Tomsic had mentioned this fact, and Mr. Coffman said he would look into an ordinance concerning cats. Council man McDougald said he would call Robert Hansen, and get togeth er with Mr. Coffman after he talked to Mr. Hansen about the cats. Mr. Coffman said he would draft an ordinance with the intent of eliminating some of the cat population. William Green then came before the Council with a request that American Legion the American Legion Post No. 54 be granted a Cabaret license, Cabaret license. with the license fee to be paid by that post. Mr. Stocks sta- ted that a background check is usually run on the people who will actually be conducting the dancing activities before the license is issued. In the case of granting a license to the American Legion, there would be no one specific group of peopl dancing in the building. Mr. Coffman stated that all the acts vities under the license must be under the auspices of the pos . Mr. Green said they would eventually bet a manager for the pos to be in charge of conducting the dancing and controlling the people there. Councilman Peterson moved that the American Legion Post No. 54 be granted a Cabaret license. The motion was seconded by Councilman McDougald. Before a vote was taken Councilman Wiseman said that Police Chief Mel Dalton should be involved more than just running a check on the personalities of the Legion, but that he should also make comments about the suitability of the situation, and run checks on whatever he feels is necessary to run checks on before the granting of the license. Councilman Peterson amended his motion to include 464 whatever proper background check is necessary to be run as a condition in granting the license. The amendment was seconded by Councilman McDougald, and the amended motion passed. Councilman Wiseman voted no on the motion. Voth request for qui claim. Regulation of explo- sive trucks. Marijuana and traffi code ordinances. Suit, dismissal orde and proposed amend- ments, etc. Meaning of "harbor- ing." Lien for Rutherford property, Bill from Ed's Plumb ing. Mr. Coffman explained the circumstances for Mr. Paul Voth's request for a quit -claim from the City to release the City's right to an easement on the Somerville Ranch property that was sold to George White by the City, but overlaps onto Voth's property. Section 16 ms a smaller section than normal, so there is a strip of property that overlaps to which the City has the easement. Mr. Voth has a contract to sell his house, which was built on this overlap, and the City's easement to the strip puts a cloud on his title. Councilman Tomsic moved that the issue be talbed until there was a more clear picture of the situation, through an on -site inspection. The motion was sec- onded by Councilman Barker, but after further discussion, Councilman Tomsic amended her motion to include that the on - site inspection would take place the following morning after a 201-Facilities Planning meeting. The amended motion was also seconded by Councilman Barker, and it was approved unanimously. A letter was brought to the attention of the Council by Mr. Coffman that had been written by Jack Crellin, Assistant Attor- ney General, concerning the regulation of trucks carrying explo- sive material, namely propane. Mayor Jacobs said this issue should be put on the agenda to be discussed at the next Council meeting. Mr. Coffman raised the subject of the making of the possession of marijuana a City offense, and not just a State offense, so that the City could receive 50 percent of the funds from the prosecution for possession. He said the ordinance to make it a City offense should be forthcoming. He had a copy of a request for an explanation of the right of the City to enact the mari- juana ordinance. He said that the proposed ordinance, as well as a proposed traffic code ordinance, should be advertised for a public hearing. He also mentioned he had a copy of the suit filed against Jerry Croasmun in connection with the injunction being sought for him to clean up the property between the Friendship Inn and the Pop- lar Place. In addition, he had copies of a dismissal order concerning the Stratton place, a proposed transient merchants lot tax, and a letter to Mr. Stocks listing additionally -pro- posed amendments to ordinances which would have to be discussed with the Planning Commission. They include the use of trucking businesses within the City limits, the allowing of mini -storage units in R-4 zones, and another which concerned flag lots. Mr. Stocks asked about the word "harboring," which is used in the proposed amendment to the dog ordinance. Mr. Coffman said the meaning of the word was taken from the County ordinance, and means: An animal shall be deemed to be harbored if it is fed or sheltered for five consecutive days or more. A question was raised by Mr. Stocks regarding Special Improve- ment District #3, which included the specific property owned by Mrs. Rutherford on Rosetree Lane. Mrs. Rutherford has been advised that her lien was recorded illegally. Mr. Stocks was asked to obtain all the particulars in regard to the ordinance and recordation of liens, etc., and was to present them at the next Council meeting for an interpretation by Mr. Coffman. Mr. Stocks presented a problem as to who should be the party responsible for paying a plumbing bill. Ed's Plumbing spent several hours trying to locate a stoppage in sewer lines near the Energy Building, and finally called the City to help them locate the problem. It was discovered that there were two sewer lines in front of the building, and that the stoppage was in the secondary sewer line, rather than the one they had been looking at originally. The stoppage consisted of a heavy concentration of paper towels. Councilman McDougald moved that Ralph Miller, owner of the Energy Building, present the bill to the City for payment. It was then decided by the Council that no motion was necessary, since the City was already responsible for the maintenance of their lines. Hobbs Subdivision. Frank Hobbs had recently called for acceptance and final inspec- tion by the City of his subdivision. Two lots, one at the cor- ner of McCormick and Mi Vida Drive, and the other, next to it and on McCormick, were recorded without the proper easements on them. The City could not accept the subdivision, because there would not be proper disposal of flood water. There was a sligh problem mentioned by Mr. Coffman in the northeast corner of the corner lot. He said there was a telephone pole and an under- ground utility line blocking an easement which was on record. This could possibly be solved by going around the obstructions, or simply moving them. Mr. Stocks asked if Frank Hobbs could buy one or two more building permits to keep his crews working. Councilman Tomsic moved that Frank Hobbs be granted two more building permits, with shifting of an existing $10,000 bond to protect the City in this instance. Councilman McDoubald secon- ded the motion, and this was followed by a suggestion from Coun cilman Wiseman that a time limit be attached to the agreement. He then proposed an amendment to the original motion with the wording that "No additional housing permits will be allowed until this flood control problem is resolved satisfactorily." Councilman Barker seconded the amendment to the motion. While the original motion was approved unanimously, the amendment to the motion passed, as Councilman Tomsic was opposed. 4 1 ) sr Mr. Stocks said that Councilman Wiseman had suggested that the Fireworks contribu- City again contribute from the contribution part of the budget tion. to the Chamber of Commerce for the purchase of fireworks. A contribution of this sort was made last year. Councilman Peter 01 son moved that the Council grant the request for $450 to the Chamber of Commerce for fireworks. The motion was seconded by Q Councilman Barker, and approved unanimously. V Zj Mr. Stocks reported on a recent tournament at the Moab Country Revenue for Country Club, saying that it had brought in 90 out-of-town guests and Club tournament. a minimum of $13,000, which would turn over approximately three times among restaurants, motels, etc. Mr. Stocks also said tha there were four more of these tournaments to be held in Moab in the future. He also reported that Moab had been allocated $14,492.27 for Class "C" Road money for the current year to be received in July. Class "C" Road money Mr. Stocks reminded the Council of the general revenue sharing Revenue sharing pub - public hearing scheduled for May 22, and stated that copies of lie hearing. the 1979-1980 revenue sharing requests would be available in th Recorder's office on May 16. Councilman Peterson brought up an item of old business concern- UP 6 L fence. ing the putting up of an obscuring fence by Utah Power & Light Company so that their equipment and yard would not be easily seen by those in the new City park, City Administrator Stocks said that he had talked to some of the people by phone in regar. to the problem, but that he would write a letter of encourage- ment to UP & L for action in the matter. Councilman Tomsic brought up the matter of a trailer at the Bur BLM trailer. eau of Land Management which had been there over a year. Mr. Stocks reported that the problem was being resolved, and that the trailer should be moved within the next couple of days. The budget for Moab City Recreation was explained by Councilman Recreation budget. Barker. She said the Recreation Board was working with a $36,000 budget, with anticipated funds also totalling that amount. The largest item in the budget, was the winter ski pro- gram, which she said was almost self-supporting. Councilman Barker said the large dollar amount was due to the high trans- portation cost of bussing people to Grand Junction to ski. She said that the request from the City this year was for $4,800, which was $1,000 more than last year, but this year they were including as an expense the approximate $1,000 for watering of the ball field. She stated that there would be a surplus of revenues coming in from the different programs. Salaries for the present year, including the amount that would go for FICA and retirement fund, totaled $7,400. Councilman McDougald sta- ted he felt the name should be changed from Moab City to Grand County Recreation. Councilman Barker said there had been dis- cussion about the name before, but that since appointments to the Board are made by the City Council, it has remained Moab City Recreation. Barker stated that this year, the golf pro- gram, as well as a tennis program and a girls' dance and drill program, would be included in the budget. 466 One -hour parking on Center. Wasatch Opinion Poll R. Leech's grandson. Bills approved. Adjournment. Special meeting. Councilman Wiseman said he felt that the policing of a recent ordinance enforcing one -hour parkins on Center Street was becoming lax. He mentioned several instances where vehicles were parked for many hours at a time in these restricted areas, including one car that he said parked there for eight consecutive days without being ticketed. City Attorney Coff- man said that many of the services, such as those of the beauty shop, could not be completed in one hour, and recom- mended that two-hour signs be put up instead. Wiseman again asked if there would be policing of the issue. Mr. Stocks replied that a memo had gone out of his office on May 8 to Police Chief Dalton in regard to the enforcing of the one -- hour parking restrictions on Center as well as parking res- trictions in other areas of town. Mr. Stocks said that he would follow up on the memo to make sure the areas were being policed. Councilman Wiseman then asked a question of whether the City needed the two whole blocks, one east and one west of Center to be kept one -hour parking. He said the Council should think it over a couple of weeks, and then discuss it again in the next regular Council meeting. Wiseman also said the enforcement of no beer in the City park should also be increased. The topic of the Wasatch Opinion Poll was brought up by Coun- cilman Wiseman. The poll was done in regard to the need for recreational buildings in the City and County, and the citizens' opinions about what was needed. The cost of the survey was $2,050, which was to be divided as $1,000 each between the Travel Council and the County, with the payment of the $50 leftover coming from another source. The first questions for- mulated by the man from the Wasatch Opinion Poll were not deemed satisfactory, and so a meeting was set up with him for July 12 at the Visitors' Center with a committee consisting of Superintendent Meador, Commissioner Jacobs, and Councilman Wiseman, in order to come up with a better questionnaire. Councilman Wiseman said the man from the poll would not charge anything until a valid opinion poll could be conducted. Coun- cilman Barker added that the opinion/poll would be done on a face-to-face basis with approximately 365 people, rather than over the telephone, or by other impersonal means. Mayor Jacobs informed the Council that City worker Ross Leech's only grandson was in a Denver hospital with terminal cancer, and encouraged them to contribute to a fund set up at the City shop. Councilman Peterson moved that the bills for May 15 be approved, along with the addition of a bill for $450 from Olsen's Wasatch Extermination for spraying. The motion was seconded by Coun- cilman Barker, and was approved unanimously. Councilman Wiseman moved to adjourn to executive session. The motion was seconded by Councilman Barker, approved unanimously, and the regular meeting adjourned at 10:16 p.m. ATTEST: Jud L rshal Deputy Recorder SPECIAL COUNCIL MEETING General Revenue Sharing Proposed Use Public Hearing Minutes May 22, 1979 A special City Council meeting was held on May 22, 1979 for the purpose of conducting a Revenue Sharing Planned Use Pub- lic Hearing for the fiscal year 1979-1980. The Revenue Shar- ing Proposed Use Hearing was advertised in The Times -Inde- pendent on May 10, 1979. Mayor Harold Jacobs called the meeting to order at 8:00 p.m, in the City Council Chambers, Moab, Utah. Present were Councilmen Barker, Wiseman, and Tomsic. Also present were City Administrator -Recorder Bud Stocks, City Treasurer Barbara McLeod, Police Chief Mel Dalton and Deputy Recorder Judy Marshall as well as six citizens. 467 City Administrator Bud Stocks explained that based on the accrual system of accounting as of June 30, 1979 the City would have available $267,000 in the Revenue Sharing account, $150,000 of which has been earmarked for a proposed swim pool. The $150,000 is currently in a time certificate of deposit at First Security Bank, Moab, Utah. Administrator Stocks further explained that for the fiscal year 1979-1980 the City of Moab anticipates an estimated $225- 000 available to budget. This $225,000 includes a carry-over of $90,000 from the fiscal 1978-1979 Revenue Sharing budget, anticipated Revenue Sharing revenue of $108,000 and an anti- cipated additional $27,000 which will be received in July 1980 but is for the quarter ending June 30, 1980 and will be cred- ited back to the 1979-1980 fiscal budget. Administrator Stocks reviewed expenditures to date of$16,938.68 from the 1978-1979 Revenue Sharing budget. It was pointed out that several budgeted amounts had not been spent in the 1978- 1979 fiscal year and would be available for reappropriation in the 1979-1980 fiscal Revenue Sharing budget. CrJ The following proposed expenditures amounting to $184,595 were reviewed in detail. The citizens present voiced no objections Q to the proposed expenditures. V 1979-1980 REVENUE SHARING REQUESTS U WATER -SEWER Building Improvements 5 pumphouses for water sources $25,000 Storage building425,000, Streets12,500 Car wash-$6,000, 15 Streets 3,000 Truck & Auto New service truck (equipped) 7,000 water tanks 5,000 Utility Equipment Pump (sump) 400 Leak locater & pipe finder 3,500 Miscellaneous 2,100 Sewer 201 Study 7,000 Air conditioner 500 Inflow meter 2,800 STREETS Storage building-$25,000, 'g W/512,500 Car wash-86,000, 11 W/S 3,000 ADMINISTRATIVE Addressograph 4,800 Partition & reorganization, Accounting Dept 4,000 Filing cabinets 900 POLICE Fingerprint kit 100 Police car (equipped) 9,700 Shotgun 250 Pistol 225 2 Chairs 300 Handcuffs 120 2 Tape recorders 400 SWIM POOL New swim pool (escrow) 75,000 Swim pool renovation -sandblasting & painting, miscellaneous 4,500 $ 68,800 15,500 9,700 11,095 79,500 Available -Revenue Sharing account. Anticipated revenue. 184,595 ADDENDUM: PARKS 2 Standard tennis courts 40,405 40,405 $225,000 Expenditures & reap- propriations. Detailed expenditures 468 Senior Citizens. Tennis courts. Approval of expendi- tures. Adjournment. Regular meeting. Minutes appro.-ad. Gas company. Administrator Stocks pointed out that $40,405 was remaining to be designated for particular projects. Ron Steele requested that the senior citizens' organization be considered for some portion of the remaining funds. Coun- cilman Wiseman informed him that a committee is currently working on a survey to determine what buildings the public feels are needed in the community and in what priority and how they want these buildings to be funded. It was also pointed out that it might be possible for the senior citi- zens to obtain a federal grant for the building. It was the consensus of opinion of those present to await the results of the survey in regard to funds for the senior citizens. As there were no further requests from citizens, Councilman Barker explained the need for two municipal tennis courts. The Mayor, Councilmen and City Administrator stated they had all had numerous requests in regard to building municipal tennis courts. Following discussion and concurrence by the citizens present, Councilman Tomsic made the motion to des- ignate the remaining $40,405 for two municipal tennis courts to be built in the City Park adjacent to the Moab Swim Center. The motion was seconded by Councilman Barker and passed unan- lmousl . Councilman Barker made the motion to approve the above recom- mended Revenue Sharing expenditures. The motion was seconded by Councilman Tomsic and approved unanimously. The motion was made for adjournment by Councilman Tomsic at 8:57 p.m., seconded by Councilman Barker, and approved unan- imously. APPR VV D: Rarol. Jacoayor ATTEST: Judy L.�J�fars� Deputy Recorder CITY COUNCIL Minutes June 5, 1979 A regular meeting of the Moab City Council was held June 5, 8 p.m., in the Council Chambers. Present were Mayor Jacobs and Councilmen Wiseman, Barker, McDougald, and Tomsic. Also present were Treasurer Barbara McLeod, Deputy Recorder Judy Marshall, Police Chief Mel Dalton, City Attorney A. J. Coffman, and 25 citizens. Councilman Wiseman moved that the May 15 minutes be approved as submitted, seconded by Councilman Barker, approved unanimously. Councilman Barker made the motion to approve the minutes of the revenue sharing planned use hearing of May 22, seconded by Council- man Wiseman, approved unanimously. Marilyn Cooper was present to announce that Utah Gas Service had been given approval of their application for a pass -through rate increase June 4. She said the gas company would be required to file new rate schedules with the Public Services Commission sub- ject to a public hearing on July 2 at 10 a.m. A letter dated May 30, 1979 had been written to Ed Jones, President of Utah Gas Service Company, by Mr. Coffman requesting him to send a record of gross revenues and operating expenses of the company in order that the city might conduct an audit based on provisions in the franchise agreement between it and the City of Moab. Mrs. Cooper asked that Mr. Coffman follow through to see that this information was received from Mr. Jones before July 2 so that it could be used for reference at this public hearing. Mayor Jacobs said that if Mr. Coffman had not received this information by June 10, he and Mr. Coffman would contact Mr. Jones in order to get a statement prepared in time for the public hearing. Skip Holland of Nielsen, Maxwell, and Wangsgard, and Sherman Karcher and Dough Hahn of the Federal Insurance Administration (FIA) were present to orient and introduce the citizens and Council to the FIA's flood control insurance and flood hazard boundary maps. The insurance program is based on 100-year and 500-year flooding. The frequency factor determines the flood zone, and this determines the rate that home buyers will pay for the insurance. Homes in Zone A, or the 100-year zone, wil be required to have insurance before the buyers will be grante federally -subsidized loans. Buyers in Zones B and C are not required to have the insurance. Raising a building 18 inches or more off the ground would also reduce insurance rates in al the zones. When the maps so into effect in approximately one year, those people living in A zones will pay more for insur- ance than now, while those in B and C zones will pay less, since the insurance rate at the present time is a flat rate, and the same for all zones. Any measures a person would take to keep his house from flooding, such as the purchasing of san bass, would be covered under this insurance program, as well. r 4 (3 Flood Control Ins. Police Chief Dalton reported on the recent June 1 dance that American Legion Cab - had been held at the American Legion Post No. 54. In the past, aret license. the music had been loud, and there had been complaints. He reported a heavy increase in traffic the night of the June 1 dance. Loren Johnson raised objections to giving the Lesion 00 a Cabaret license because of the noise and traffic factor. 71.4 Councilman Barker made the motion that the City Council not allow the American Legion to have the Cabaret license which ha. p been discussed in a previous meeting, seconded by Councilman Tomsic, approved unanimously. Only non-profit organizations will be allowed to rent the hall for dancing activities. Mr. Coffman stated that Resolutions No. 5-79 and 6-79 had been Resolutions 5&6-79. drawn up, and required new signatures to be put on the signa- ture cards for the banks. One resulution is for First Securit Bank and the other is for First Western National Dank. Counci - man Tomsic moved that the Council pass these resolutions, sec- onded by Councilman McDougald, approved unanimously. RESOLUTION 5-79 First Security Bank of Utah RESOLUTION 6-79 First Western National Bank At a regular meeting of the City Council of the City of Moab held on the 5th day of June 1979 at which a quorum was present, the following officers were duly elected for the ensuing year and until their successors shall be elected and shall have qualified: Judy L. Marshall Deputy Recorder /s/ Judy L. Marshal Barbara J. McLeod Treasurer /s/ Barbara J. McLeod Lynda Moore Deputy Treasurer- -fs/ Lynda Moore Under the rules of the City of Moab any funds deposited to its credit with the First Security Bank of Utah/First Western National Bank of Moab may be withdrawn by the combined signa- tures of one (1) recorder and one (1) treasurer who are author ized to endorse and sign checks, drafts, and orders for paymen of money, in accordance with signature cards accompanying this authorization. /s/ Harold A. Jacobs, Mayor Nancy and David Minor came before the Council to ask permissio Cottonwood Subd. for the physical installation of a water system so that they could proceed with construction on their Cottonwood Subdivisio as outlined and approved. The Minors requested that action in the matter be taken as soon as possible because of other obli- gations on their part, and the fact that they had been working several months on the subdivision and had invested a lot of money. Mrs. Minor said that she would come in the next day an. discuss the matter with Mayor Jacobs, and help put together th= Cottonwood Subdivision files so that the project could be sped up Norah Eubanks was present to ask that the patrolling of Third South and Fourth East be increased because of the heavy drag racing and motorcycle traffic in this area. She also stated that she would like to see sidewalks put in on those streets. Increased patrol of 3rd South & 4th East 4'70 Police Chief Dalton said that he would do the best he could in patrolling the area with the men that he had, and Mayor Jacobs said that the Council would also Work on the problems. Beer in City park. One -hour parking restrictions. Councilman Wiseman brought up the subject of the beer and dogs in the City park. His emphasis was on the beer, and stated that police officers were not issuing citations to the beer drinkers frequenting the park. He suggested that the law be either enforced or that it be dropped from the books. There was considerable discussion between Councilman Wiseman and Police Chief Ddlton over the enforcing of the law. The dis- cussion grew heated until a point of order was (called by Coun- cilman Barker. After a second request for a point of order, Councilman Barker suggested that the meeting go on to other subjects, and that the subject of the beer and law enforcement be continued at another time in a conference. Councilman Wiseman suggested that some of the one -hour parking restrictions be cut back to half a block. Councilman Wiseman moved that the signs along First East in front of the donut shop be taken down, and that the signs on the blocks east and west of Main on Center be cut to half a block instead of a full block, seconded by Councilman McDougald, approved unani- mous) . Cat ordinance. I Councilman McDougald said that he would talk to the Attorney General about the possibility of a cat ordinance. City and County cars Councilman Tomsic asked if cars belonging to the City and County marked. had to be marked so that it was evident that they were owned by the City or County. Mayor Jacobs said that he did not know of any regulation specifying that they must be marked. Police Chief Dalton said that there was no such regulation. Arches Subdivision. Councilman Barker asked about the outcome. of the Arches Subdi- vision in the special Planning Commission meeting of May 29. Mr. Coffman told her that there was no significant problem in regard to the subdivision where houses were to be built. He said that the plat for the subdivision had also been approved. Councilman Barker also asked who would be responsible for any damage caused by an improper drainage system from the subdi- vision onto Second South. Councilman Wiseman suggested that a copy of the report from Rollins, Brown and Gunnell be distribu- ted to the Council members so that they could compare it with the geologist report from William Lund. Councilman Wiseman also suggested a copy of the minutes from that Planning Commis- sion meeting be distributed to each of the Council members. Protection device fo Councilman Barker indicated a need for a protection device to ball field. be put over the spectator area at the ball field for all four fields. This would keep balls from going into the area and causing injury. Estimated cost would be $8,000, and her request from the City for this purpose was for $2,500: This is in addi- tion to that already coming from the City. Councilman Barker moved that the City include the $2,500 for the protective device for the ball fields, seconded by Councilman McDougald, approved unanimously. Econ. Dev. Coun. com City Attorney Coffman informed the Council members that the Eco- nomic Development Council had included in a study Moab's need for a large water storage tank. A committee formed for this study will include Mayor Jacobs and Don Robinson. Bills approved. Adjournment. Councilman Barker moved that the June 5 bills be approved, sec- onded by Councilman Wiseman, approved unanimously. Councilman McDougald moved that the regular Council meeting be adjourned to an executive Council meeting, seconded by Councilman Wiseman, approved unanimously. The regular meeting adjourned at 11 p.m. APPROVED: ATTEST. JuMarshall, Deputy Recorder CITY COUNCIL Minutes June 19, 1979 471 A regular meeting of the Moab City Council was called to orde Regular meeting. in the Council Chambers on the above date at B p.m. by Mayor Harold Jacobs. Present were Councilmen McDougald, Barker, Wiseman, Tomsic, and Peterson. Also present were City Attor- ney Coffman, City Engineer Keogh, Deputy Recorder Marshall, Treasurer McLeod, Assistant Police Chief Brownell, Secretary Honeycutt, and 25 citizens. Councilman Wiseman moved that the June 5 minutes be approved as submitted, seconded by Councilman Barker, approved unani- mously. Minutes approved. Swimming Pool Manager Mary Martin came before the Council to Swimming pool. report on the activities and progress of the pool. She repot ted that the swim center was doing well, and that her assist- ant manager had not worked out, and so she was using head guards to manage the pool instead. Councilman McDougald aske about the upkeep and condition of the pool. Mrs. Martin sta- ted the underwater lights needed to be repaired, as well as a drainage problem, but that the pool was in satisfactory condi 00 00 tion for the most part. She reported revenues up to the pres M ent date for this season exceeded $8,000. QCouncilman Wiseman brought up the subject of the Cottonwood Cottonwood Subd. V Subdivision and the annexation of David and Nancy Minor into the City limits so they could receive City water. He invited discussion from interested parties on the subject and stated a decision should be made by the Council. Members of the Ray Holyoak family expressed concern for the annexation because they felt their property would become an island, and because they were afraid the City would take their land and regulate the use of it. Several Council members emphasized that the Holyoak land would be existing non -conforming and they did no have to worry about the City regulating its use. Mr. Holyoak said he would like that in writing. Councilman Peterson move that the annexation of the Stewarts, Ricks, and Pecks into th City be approved, seconded by Councilman Barker, passed by roll -call vote. Councilmen Barker, Tomsic, Wiseman, and Pet- erson voted for the motion, while Councilman McDougald abs- tained from voting. Councilman Wiseman then moved that the annexation into the City of the Minor subdivision be approved seconded by Councilman Peterson, passed by roll -call vote. Councilmen Barker, Tomsic, Wiseman, and Peterson voted for th motion, while Councilman McDougald voted against the motion. Mayor Jacobs said a letter would be written to Mr. Holyoak stating that the City would not attempt to change the use of his land. Councilman Barker suggested that this letter state that the use of the Holyoak land would remain the same as at the time of this annexation. Mayor Jacobs said that he would meet with Attorney Coffman to write the letter. Letter to R. Holyoak Mr. Coffman had on hand the written resolution concerning Pau Resolution 7-79(Voth Voth and the City right-of-way easement on the overlap onto his property. The resolution calls for a quit -claim deed to release the City's right to this easement, since it puts a cloud on his title, and he is attempting to sell his property. Councilman Wiseman moved that the oral petition of Paul Voth and resolution, No. 7-79, be signed, seconded by Councilman Barker, approved unanimously. RESOLUTION 7-79 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOAB, GRAN COUNTY, UTAH, THAT: WHEREAS, on oral petition of Paul Voth, through his attorney, it appears that a certain deed from the City of Moab to George White of record July 29, 1959 in Book 3-K at pages 591-592, reserves unto the City of Moab a certain util- ity easement over and upon property which lies within the cur rent boundary of the land of the Petitioner, and WHEREAS, said reservation of easement constit*s a clou 472 on the title of the Petitioner, and Polygraph machine. WHEREAS, the City has n0 need of, said easement and wishes to avoid involvement in litigation removing said cloud, and further wishes to avoid the expenses in connection therewith, and WHEREAS, the City is willing to quit -claim said easement unto Paul D. Voth and Laverne Irene Voth, NOW THEREFORE, BE IT RESOLVED that the Mayor and Recorder are directed and empowered to execute a Quit -Claim Deed on behalf of the City of Moab unto Paul D. Voth and Laverne Irene Voth respecting the following property, to -wit: PARCEL Beginning at a point 3/8" spike, which bears ONE South 1734 feet and East 990.8 feet from the West 1/4 Corner of Section 16, T26S, R22E, SLB6M, proceeding thence S 82.15' E 311.1 feet to a point 66 feet West of a fence line on the East side of the Old City Park Road, thence S 0632' W 478.0 feet to a corner, thence N 38° 41' W 206.5 feet to a 3/8" spike, thence N 31° 03' W 188.45 feet to a pipe, thence N 31003' W along a fence line 208.7 feet, thence N 58'57' E 35.88 feet to the point of beginning. PARCEL Beginning at a point (3/8" spike) on the West TWO side of the Old City Park Road which bears South 1778.9 feet and East 1320 feet from the West 1/4 corner of Section 16, T26S, R22E, SLBSM, proceeding thence S 0'32' W 150 feet to a 1/2" iron rod, thence S 0°32' W 351.6 feet to a corner (3/8" spike), thence N 38°41' W 34 feet to a corner, thence N 0°32' E 478 feet to a corner, thence S 82°15' E 21.2 feet to the point of beginning. Bearings are based on the north line, SE 1/4 Sec. 16 (S 89'58' W). TOGETHER WITH adjudicated water claim 05-900 (formerly application #50599:05-1388). Passed at the regular meeting of the City Council of the City of Moab, County of Grand, State of Utah, on the 19th day of June, 1979. MOAB CITY COUNCIL By /s/ Harold Jacobs, Mayor ATTEST: /s/ Judy L. Marshall, Deputy Recorder There was considerable discussion about the turning over of a polygraph machine grant application from the City to the County. The Council felt that since the machine would be used by more than one county, that Grand County should manage it rather than the City. The County said they would be willing to pay all of the $600 necessary for the machine, but felt that if a City man went to the training school, the County would not pay his salary while he is being trained. Sargeant Alan West of the City Police was scheduled to go, but does not have the five years experience in law enforcement that County Commissioner Larry Jacobs was told was a requirement to attend the training school. It was the concensus of the Council and Sheriff and Police departments that it was important to obtain the machine, no matter whether it was City or County that was chosen to take it over. Councilman Barker made a motion to state, "We offi- cially request that the County Commission take responsibility of seeing that the polygraph operator is trained and that the City and County officials sit down in a meeting this week to come to a decision." The motion died for lack of a second, so Councilman Barker amended her motion to strike the part stating the City and County officials would sit down in a meeting this week to come to a decision. This motion was sec- onded by Councilman Tomsic. Councilman Peterson asked that an addition be made to the motion to include the County Commis- sioners assuming responsibility for the administration and use of the machine and the training of the man. Councilman Barker accepted this amendment to her motion, seconded by Councilman Tomsic. Both the motion and the amendment to the motion were approved unanimously. Councilman Wiseman said the matter of hiring a new City Admin- istrator should get underway. A deadline for accepting appli- cations was set for July 15. It was also decided that the sal ary for the Administrator would remain $15,000 minimum and $18,000 maximum. Since the Council members had not had a chance to review the report sent by Dr. William Cordon on the results of the con- crete testing, it was decided that this should be put on the agenda for the next meeting. Councilman McDougald reported that he had talked to the Attor- ney General and the Counselor for the Utah League of Cities and Towns about a cat ordinance. He said that Mike McCoy had told him that any animal in the City could be regulated, how- ever, Jack Crellin had said that the City has no right to reg- ulate cats. Councilman Tomsic said she was very impressed with the animal control officer, Curtis Fleming. She made the motion that Mr. Fleming be praised in the form of a letter, seconded by Coun- cilman Wiseman, approved unanimously. The problem of the late parking and littering in the City Mar- ket parkins lot was brought to the attention of the Council. Councilman Peterson suggested Mr. Coffman meet with Mr. Walker owner of the property, to see if something could be worked out He also said he would write his brother-in-law in California, also a City Council member, to find out how a very similar pro lem was resolved by that City Council. He said he would ask his brother-in-law to send him a copy of the ordinance they passed concerning the matter. Councilman Tomsic asked the reason for the recent large break in a water line. City worker Larry Johnson was present and explained that the break was caused when a backhoe knocked the tar off the pipe, which was made of mild steel. The tar was not replaced, the pipe rusted, and this caused the eventual break in the line. City worker Don Robinson reported that daily consumption of water was as projected. He said that the only deviation would be a positive one, and that they are trying to get the maximu production out of the wells. Mr. Robinson said that 3.8 mil- lion gallons per day was the peak water consumption point. It was the consensus of the Council that a conservation plan of some sort be ready for implementation when water usage did reach this point. Mr. Robinson suggested that rather than using the odd -even days method of watering, that two non-wate ing days be used to give the wells a rest. He suggested Mond: to catch up from the weekend watering, and Thursday, to catch up again before the weekend. This way, no one would be water ing on the two days. Councilman Peterson suggested the City adopt Robinson's plan with the two-day well resting periods. Mayor Jacobs suggested negotiations be started with Rob Rober son for the purchase of the rest of his well. It was also su: gested that a well from the Spanish Valley Water Conservancy District be used. Councilman Peterson made the motion that Mayor Jacobs be authorized to negotiate with Ron Robertson fo the purchase of the other one-third of his well for $25,000 cash, seconded by Councilman Wiseman, approved unanimously. Hiring of 47 3 Administrator. Concrete testing report. Cat ordinance. Praise for animal control officer. Parking problem at City Market. Break in City line. Water consumption. A lady came before the Council with the request that the Poli.e Trucks parkins by issue more tickets for semi -trucks that park in the red no pa Westerner Grill. king areas near the Westerner Grill on Main Avenue. There wa some discussion, but the woman was told that the City would attempt to issue more tickets for trucks parking in those areas. Mayor Jacobs informed the Council that he had asked Lloyd Tha n Quality control of of Moab Ready -Mix to write a letter to the Council telling th:m cement batch plant. what he intended to do in relation to improving the quality control of the cement. Mayor Jacobs asked the Council how fa. they wanted to go In regulating the batch plant. Councilman Peterson suggested that Larry Brundage inspect the batch plan a couple times a week. Mayor Jacobs said that Mr. Thayn was in the process of purchasing an air entrainment meter, as wel The next issue discussed by the Council was the installation of a 3-inch water line for a fire sprinkler system for Freddi Markle. Mayor Jacobs said he would bet some cost estimates Fire sprinkler sys- tem. 4'14 on the installation of the system, and Councilman McDougald suggested the tabling of the issue until the next meeting. Termites at Scout house. Bills. Adjournment. Special b.adget hear- ing. Revenues & mill lev Relating figures. Mayor Jacobs said the Girl Scout house had been infested with termites, and he had had several complaints. After discus- sing costs for extermination, Councilman Peterson made a motion to engage the services of a pest control business for the kil- ling of the termites in the Scout house, with the money to come out of the Community Affairs budget, seconded by Council- man McDougald, approved unanimously. In addition to the bills listed, two bills were presented for approval from the Council for payment. One was a bill to Can- yonlands Plumbing and Heating for the crushing of a plastic sewer pipe by a tree soot, a total of $153.40. The other was a bill from Dr. William Cordon for professional services he had rendered in the testing of the concrete. It totaled $677.90. Councilman Darker motioned these two bills be approved for payment, seconded by Councilman Wiseman, approved unanimous - A bill from the Mi Vida Restaurant and Lounge was questioned. It was for meals and totaled $35.69, and was signed by Dud Stocks. There was considerable discussion as to who, if any- one, had the authority to sign for food bills for the City, especially without a purchase order. Councilman Barker made the motion that the City not pay this bill, seconded by Council- man Wiseman; the motion passed 3 to 2. Councilmen McDougald and Peterson voted against the motion. With the above additions and elimination to the bills (Canyon- lands Plumbing & Heating, Dr. Cordon, MA Vida) Councilman Tomsic moved that they be approved, seconded by Councilman Peterson, approved unanimously. Councilman Peterson moved to adjourn at 11 p.m., seconded by Councilman Barker, approved unanimously. ATTEST: Jut, I� APPROVED: rslfa'll, Deputy Recorder CITY COUNCIL Public Budget Hearing Minutes June 28, 1979 A special Public Budget Hearing of the Moab City Council was called to order at 8:02 p.m. by Mayor Harold Jacobs in the Coun- cil Chambers on the above date. Present were Councilmen Wiseman, McDougald, Barker, Peterson, and Tomsic. Also present were Deputy Recorder Marshall, Treasurer McLeod, Secretary Honeycutt, and City Accountant Edward Claus. Eleven citizens were also present. It was announced to the public that the estimated revenues were going down, and that the 1979-1980 mill levy would not be raised. Mr. Claus went through figures relating to the budget page by page. Estimated revenues for FY 1979•-80 are $895,350 as compared to revenues of 1978-79, $978,927. Mr. Claus explained some of the reasons for the difference in revenues for the two years. These included an $8,066 sign project in 1978-79, and a $10,000 sidewalk project in 1977-78, both of which will not bring in rev- enues in 1979-80. A +3 percent change in revenues for the com- ing year is due to a request for a 25 cent increase per residen- tial unit in refuse collection, and a 50 cent increase for small commercial accounts. The request is a result of high gasoline costs, repairs, etc. M 00 Q U (.? Les Erbes asked if the escrow fund was making any money. May- or Jacobs told him it was. The bank which can offer the most Escrow fund. interest is the one in, which the phoney is deposited. Treasure - McLeod stated that the time certificates• -of -deposit were draw- ing around 8 percent interest in the escrow fund. Loren Johnson was present in the audience with questions in re- Golf Course. gard to the money that was going to the Moab Country Club. He was against the money going to the golf course, since he was not a golfer himself. Councilman Barker said that the out-of- town golfers do put money into Moab when they come to use the course. Dick Allen, a member of the Board of Directors for the Country Club gave some figures in regard to the revenues of the golf course and the number of people who had been play- ing there. After repetitious discussion concerning the alloca- tion of funds to the golf course, Councilman Barker made the motion that the budget hearing continue to other subjects, sec- onded by Councilman Wiseman. There was quite a bit of audience participation in the discussion, and Mayor Jacobs called for a point of order. This was ignored until a second point of ordeb. was called by Councilman Barker. 3 The next subject discussed was the amount of money that should Robertson Well. be appropriated for the purchase of the other one-third of the Robertson Well. Councilman Wiseman moved that the budget be approved as submit, Approval of budget. ted plus $25,000 for the purchase of the Robertson 010) Well, seconded by Councilman Barker. The motion was approved unani- mously by roll -call vote. Councilman Wiseman moved that Resolution 8-79, a resolution Resolution 8-79. showing adjustments within some departments, but no overall change in the budget amounts, be adopted, seconded by Council- man Darker, approved unanimously. RESOLUTION 8-79 WHEREAS, the Mayor and City Council of the City of Moab held a public hearing at a special Council meeting on June 28, 1979 for the purpose of adopting the 1979-1980 fiscal budget and amending the 1978-1979 fiscal budget commencing on July 1, 197E and ending June 30, 1979; and WHEREAS, upon explanation of the proposed amended budget revised to show adjustments within some departments but to show no change in the overall amount of the budget, the Moab City Council unanimously adopted the proposed amended budget as follows: •Increase Administration Gen. Buildings Streets Sanitation Swim Pool $ 7,000 1,400 6,400 2,100 1,000 $17,900 Decrease Court Police Inspection Animal Control Parks Misc. Flood Control $ 4,300 1,050 1,900 100 3,500 5,100 1,950 $17,900 NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held June 28, 1979, be, and the same are, hereby ordered to show the adoption of the amended budget for the fis- cal year ending June 30, 1979 as presented to the Mayor and City Council. PASSED this 28th day of June, 1979. ATTEST: /s/ Judy L. Marshall, Deputy City Recorder /s/ Harold A. Jacobs, Mayor 476 Councilman Wiseman made a motion that the Mayor and Council Praise for Dep. Rec. express their appreciation in some form to Deputy Recorder Marshall. Marshall for her hard work on the budget, seconded by Council- man Barker, approved unanimously. City Admin. intervi Meeting adjourned. Regular meeting. Minutes approved. Free swimming time to ball tournament players. A time of 7 p.m, on Thursday, July 12, was set to interview an applicant for the position of City Administrator. Council- man Barker made the request, and Secretary Honeycutt was asked to call the Council to remind them of the interview on that day. Councilman Wiseman moved that the meeting be adjourned, secon- ded by Councilman Peterson, approved unanimously, and the meet- ing adjourned at 9:20 p.m. J 4f ydMarshall CITY COUN L Ha .'d A. Jacobs Deputy Recorder Mayor Minutes July 3, 1979 A regular meeting of the Moab City Council was called to order at 8 p.m. on the above date in the Council Chambers by Mayor Harold Jacobs. Present were Councilmen Wiseman, Barker, McDoug- ald, Tomsic, and Peterson. Also present were City Engineer Keogh, Deputy Recorder Marshall, Treasurer McLeod, Police Chief Dalton, Building Inspector Brundage, Secretary Honeycutt, and 14 citizens. Councilman Wiseman moved that the minutes of June 19, 1979 be approved, seconded by Councilman McDougald, approved unanimously. Clen Richeson appeared before the Council to request that the City grant some free swimming time to some children that would be in Moab for a baseball tournament the last week of July. He stated that other towns usually did this for the children when they were hosting the tournament. Mary Martin suggested that the boys pay half price for the swimming, and Councilman Tomsic suggested complimentary tickets to be used for two days of the four days the boys would be here, July 24-27. There was some discussion, followed by a motion from Councilman Wiseman to allow the boys one free pass for one day of swimming, other than July 24, since this would conflict with a water show already planned for that day at the pool. The motion was seconded by Councilman Tomsic, approved unanimously. Bldg. permits for Nancy Minor was present to request that the Council okay the issu- Nancy Minor. Ing of some building permits for her Cottonwood Subdivision. City Attorney A. J. Coffman was absent from the meeting, and there was a question of the legality of doing such without his counsel, Councilman Tomsic moved that the issue be tabled until Mr. Coff- man could offer a legal opinion on the subject, seconded by CounCilman McDougald, approved unanimously. Bus. license for Jerry Croasmun was present regarding the issuing of a business Croasmun mobile foolicense for him to operate a mobile food service. His main inter - service. est was operating it during the time of the baseball games at the ballpark, and came before the Council to get permission to do so. There was considerable discussion concerning where the van would be parked, since there would be a safety factor involved if it were parked on the street, rather than inside the gate. It was suggested that Mr. Croasmun also appear before the City Recreation Board for permission to operate during the baseball games, with a possible fee to be paid to the Recreation Board for operating inside the gate. Councilman Barker made the motion that Mr. Croasmun appear before the City Recreation Board to ask permission to put his van inside the park, and if permission is granted from them, then he could return to the City Council for the license. The motion was seconded by Councilman Wiseman, approved unanimously. Mayor Jacobs said he would call Ted Soren- sen about the license on July 5. There was some discussion as to the type, cost, and time period of the license. Treasurer McLeod said it would be a retail sales license with a $10 initial fee, followed by paying of quarterly returns. That type of license would be good until revoked. Councilman Peterson made the motion that the Council grant the license to operate the mobile vending machine, with restrictions being that he cannot park his van on the street during ballgames being conducted at the baseball field, and also that he cannot park it on the street and service the children at the middle school during lunchtime or school hours, the reasons for these restrictions being safety precautions. The motion was seconded by Councilman Tomsic, approved unani- mously. 477 Next on the agenda was the discussion of the Cordon report on Cordon testing re - the results of the testing of the bad concrete. Councilman sults. Wiseman recommended that there be a legal interpretation of the report, and that it be put on the agenda for discussion a the next meeting. Mayor Jacobs suggested that a committee be formed consisting of the building inspector, some of the con- tractors, Moab Ready -Mix employees, and at least one Council member, with the intent of investigating the bad concrete in town, and coming back to the next meeting with some sort of a dollar amount and recommendations for replacement and repai of the faulty concrete. Councilman Wiseman was the Council representative appointed to this committee by the Mayor. Councilman Barker announced that a world premiere of the movi= Movie donation. "Savage Waters" would be July 11, and stated there was a good possibility the movie committee would request a donation from the City to help cover the expenses of the dignitaries who would be here. The movie was filmed in Moab, and likely to draw a large crowd when shown. Councilman Peterson moved tha the City donate $200 for promotional expenses of the movie, with the end result that it would give an economic "boost" to the community by bringing more movie companies into town. Th motion was seconded by Councilman barker, and followed by an amendment by Councilman Wiseman that the funds would be dona- ted only if they were requested. The amendment was seconded by Councilman McDougald, approved unanimously. Councilman Barker asked about the Arches Subdivision in regar Arches Subd. terra - to the planting and terracing, saying she did not think it ha cing. begun. Mr. Brundage told her that they were in the process o terracing the subdivision, and that more was being done than had actually been planned. Praise was expressed for the hard work and time that Deputy Praise & vacation Recorder Judy Marshall had put into this year's budget. Coun for Dep. Rec. Mar- cilman Wiseman made the motion that she be authorized three shall. days vacation with pay in appreciation, seconded by Council- man McDougald, approved unanimously. Councilman Peterson stated that he had received from his brother-in-law the copy of the ordinance used in Petaluma, California, to regulate parking and littering of private prop erty (City Market), and would take it to Mr. Coffman. As a result of a study conducted by George Andersen on the tree population of Moab, it was found that eight trees on Mai and Center should be replaced. Councilman Peterson stated that Mr. Andersen had acquired an estimate of replacing the trees for a total cost of between $120 and $140. He also rep orted two trees near the Canyonlands Motel which were dead, and recommended the City pull them out. Councilman Tomsic made the motion that up to $150 be spent for the replacing of the eight shade trees, with the money to come out of the Com- munity Affairs budget, seconded by Councilman Barker, a•.rove unanimously. Private property ordinance. Tree study. Mayor Jacobs stated that the veterinarian, Dr. Hoffman, did Cat ordinance. not want to accept any more cats at the veterinary clinic until there was an ordinance. Councilman Peterson suggested that Mr. Coffman draw up an ordinance for the regulation of cats. Mayor Jacobs said he would talk to Dr. Hoffman July 5 to tell him. Mayor Jacobs reported he had come up with an estimate of $1,272.43 for installing a fire sprinkler line for Freddie Markle. He said this did not include the usual fee, and did not get the pipe all the way to the building; there would be more expense for that. because of the great expense of the installation, it was the concensus of the Council that the system be installed at cost. Fire sprinkler sys- tem estimate (Markle Councilman Wiseman moved that Resolution 9-79 and 10-79 be Approval of Resolu- approved, seconded by Councilman Tomsic, astroved unanimously. tions 9 & 10-79. 478 RESOLUTION 9-79 EBills approved. ' Amendment to subd. ord. to be drawn up. Meeting adjourned. WHEREAS, the Statutes of the State of Utah relating to the adoption of municipal budgets provide that the City Bud- get will be adopted by resolution; and WHEREAS, the minutes of the City Council meeting of June 28, 1979 show the adoption of the fiscal 1979-1980 budget by motion rather than by resolution; and WHEREAS, the Mayor and City Council have determined that the minutes of the meeting of June 28, 1979 shall be amen- ded to comply with the State laws relating to the adoption of budgets, NOW, THEREFORE BE IT RESOLVED, that the minutes of the meeting of the City Council held June 28, 1979, be, and the same are, hereby amended to show the adoption of the budget by reso- lution rather than by motion BE IT FURTHER RESOLVED, that the budget for the fiscal year commencing July 1, 1979 and ending June 30, 1980 be, and the same is, hereby ordered adopted as presented and amended to the Mayor and City Council at the meeting held June 28, 1979. PASSED this 3rd day of July, 1979. ATTEST: /s/ Judy L. Marshall, Deputy City Recorder /s/ Harold A. Jacobs, Mayor RESOLUTION 10-79 WHEREAS, the Mayor and City Council of Moab by resolu- tion adopted a budget at their special meeting held June 28, 1979 for the fiscal year commencing on July 1, 1979 and ending June 30, 1980; and WHEREAS, based upon the best information availabe to the City Council at this time, it appears that sufficient tax revenue from property can be generated by a levy of 21.50 mills for the General Fund. NOW, THEREFORE, BE IT RESOLVED, that the mill levy remain the same as the fiscal year ending June 30, 1979; to be 21.50 mills for the General Fund. PASSED this 3rd day of July, 1979. /s/ Harold A. Jacobs, Mayor ATTEST: /s/ Judy L. Marshall, Deputy Recorder Councilman Tomsic made the motion that the bills presented be paid, seconded by Councilman Wiseman, approved unanimously. There were some questions in regard to a bill presented by Utah Power & Light for $358 for installation of street lights in the Berna Subdivision. It was decided that the building inspector should work up an appropriate amendment to the subdivision ordin- ance concerning the installing of the street lights. Mayor Jac- obs said he would talk to Larry Brundage and A. J. Coffman about an amendment. Councilman Peterson moved to adjourn at 10:10 p.m., seconded by Councilman Tomsic, approved unanimously. (APPROVAL AND ATTESTMENT ON THE FOLLOWING PAGE) ATTEST: ua��I� hall J y , Deputy Recorder APPROVED: CITY COUNCIL Special Executive Meeting Minutes July 3, 1979 479 The Moab City Council,met in special session at 7 p.m, in th Spec. Exec. Meeting: Mayor's office to discuss the salary schedule and merit raise . Mayor Jacobs and the following Council members were present: Barker, McDougald, Peterson, Tomsic, and Wiseman. Mayor Jacobs opened the meeting and turned the time over to Councilman Tomsic to make the presentation of recommendations M After a lengthy discussion, Councilman Wiseman made the motio 5% of 7% for salary G U to apply 5 percent of the 7 percent budgeted for salary in- upgrading. 2% for (j creases to upgrade the City Salary Schedule and the remaining merit raises. 2 percent for selective merit increases. Councilman Peterson seconded the motion. Motion carried. The Council recessed at 8 p.m. to attend the regular Council Meeting recessed. meeting. The Council reconvened at 10:30 p.m, in special session. Council reconvened Mayor Jacobs, Councilmen McDougald, Peterson, Tomsic, and Wis -after regular mtg. man were present. The following names were submitted for merit raises and ap- Merit raises. proved by majority roll -call vote. 1. Judy Marshall, Deputy Recorder - from grade 11-4 to grade 13-2, $905 monthly salary. 2. Joe Severns, Wastewater Plant Operator - from grade 13-4 to grade 14-3, $979 monthly salary. 3. Larry Johnson, Water Leadworker - from grade 15-2 to grade 15-3, $1,028 monthly salary. 4. Don Robinson, City Service Worker - from grade 10-3 t grade 10-4, $831 monthly salary. With a new job titl (Utility Coordinator), and a new job description. The following recommendations for changes on the General Clas Gen. Classification sification Chart were read and a roll -call vote taken on each Chart recommenda= one. All seven (7) recommendations were accepted by unani•- tions approved. mous vote. 1. Change grade for the position of Treasurer from 14-1 to 16-1. 2. Change the grade for the position of Deputy Treasurer from 8-1 to 10-1. 3. Change the grade for the position of Accounting Clerk from 5-1 to 7-1 and add the additional duties serving the Building Inspection Department to the job descrip tion. 4. Write a job description for the Wastewater Plant Main tenance Worker. In order to place this position on the proper grade step (6), this position should not 480 receive the 5 percent increase until the probation period ends. At this time she will go from grade 7-1 at $612 to grade 6-3 at $639. Admin. recommenda- tions approved. Policy points to be monitored by Coun- cilman Tomsic. Reprimand letter to Chief Dalton. Meeting adjourned. 5. The position of Police Secretary is now on grade 8-1 at $650. This position, according to the job description, should be grade 7-1. She should not receive the 5 percent increase, but at the end of probation, she should go to 7-2 at $664. 6. Create a new job description for laborer (permanent employee) now listed as City Service Worker on grade 4-3. 7. Consider keeping all probationary employees on their present grade and step with the 5 percent increase at the end of the probation period. (This is better than a step increase of 3.29) The following recommendations to be given to the new Administra- tor were read and a roll -call vote taken on each one. The six (6) recommendations passed by unanimous vote. 1. After salary adjustments are made and budgeted for, only those employees in the probation period receive raises dur- ing the year, and only after an appraisal has been made and the raise justified. 2. The end of the probation period does not mean an automatic advancement to the next step. 3. Section 2-E of the Personnel Policy Manual - Increases in salaries based on meritorious or superior performance of job duties are available on recommendation and justification from the department head and approval of the City Council. This means the City Council must approve any and all raises after the probation period is over and the employee is con- sidered a permanent employee. 4. Section 3-A - The Council must approve hiring new personnel on a step higher than the probationary step of the salary range and only when certain conditions exist, 5. At the end of the probation period, the City Administrator has the authority to grant a X-step adjustment in the salary range for outstanding performance. 6. A monthly report should be made to the City Council on all new -hires stating their job position, beginning salary, pro,- bation period, and action taken. These rules of the Policy and Procedures Manual must be followed, and a monthly report made, in order for the City Council to con- trol the budget. Councilman Wiseman recommended, and it was accepted by the Council, that the six (6) points concerning Personnel Policy which will be stressed to the new City Administrator, be monitored on a monthly basis with Councilman Tomsic being the monitor. Councilman Wiseman, speaking in behalf of Councilman Barker who left the regular meeting due to illness, indicated that the letter written to Police Chief Dalton regarding his actions at a pre- vious Council meeting was not consistent with the motion passed by the City Council at an executive session following the regular session. It was requested that the letter reflect the fact that it was a letter of reprimand, and that the emphasis be placed on the insubordination of the Chief to Councilman Wiseman. It was directed by the City Council that the draft previously prepared by the City Attorney be sent to the Chief of Police, and the letter from the Mayor be removed from the Chieffs file. By motion of Councilman McDougald the Council adjourned. (MINUTES APPROVED BY MAYOR JACOBS RECORDER MARSHALL ATTESTED TO THE second by Councilman Peterson, AND COUNCIL MEMBERS, AND DEPUTY SIGNATURES ON JULY 26, 1979.) CITY COUNCIL Minutes July 23, 1979 481 A regular meeting of the Moab City Council was called to order Regular' meeting. at 8 p.m, by Mayor Harold Jacobs in the Council Chambers on the above date. Present were Councilmen Peterson, McDougald, Wiseman, and Tomsic. Also present were Deputy Recorder Mar- shall, Treasurer McLeod, Police Chief Dalton, Attorney Coffman, and Engineer Keogh. Approximately 25 citizens were also pres- ent. 00 714 Fred Stoye was present to request from the Council permission Graveling request Q to gravel property at his downtown A-1 Storage business. He from F. Stoye for U said the graveling had been approved by Building Inspector A-1 Storage Bldg. U Brundage, but wanted the Council's okay to proceed. Council- man Tomsic made the motion that he be allowed to gravel the property, seconded by Councilman McDougald. City employee Don Robinson mentioned there had been a drainage problem there. Mr. Stoye stated he had planned to fill the hole that was caus- ing the problem with gravel so that water would tend to run oft into the gutter. Councilman Peterson made an amendment to the previous motion to include that the graveling be done so that the drainage would go into the street, seconded by Councilman Tomsic, approved unanimously. Councilman Wiseman made the motion that the June 28 minutes be Minutes corrected approved as submitted, seconded by Councilman McDougald, & approved. approved unanimously. Councilman Wiseman made a correction to the minutes of the regular meeting of June 3. The correction he suggested was a statement added to Paragraph 2 on Page 2 that he had been appointed by the Mayor as the Council repre- sentative to be on the committee formed to take an inventory of the faulty concrete. Councilman Wiseman moved that the June 3 minutes be approved with that correction, seconded by Councilman Peterson, approved unanimously. It was decided that the executive Council minutes of July 3 would be signed rather than approved by a motion. Mayor Jacobs had had a request from Dr. Robert Murray for the Dr. R. Murray req- City to install a culvert in the irrigation ditch in front of uests City to in - the building he is constructing on Fifth West. Councilman Pet+ stall culvert. erson criticized Moab Irrigation Company with regard to their safety considerations of the irrigation ditches which run through town. Mayor Jacobs stated that he had said the City would provide a backhoe and a man to operate it if Moab Irriga- tion would provide the pipe, which costs $11.25 per foot, and would be very expensive. Mr. Coffman suggested something migh: be worked out with private citizens who wanted their ditches covered. It was agreed that the idea should be looked into. Next on the agenda was the Mill Creek Project and the deciding Decision on Mill of which contracting companies would do the job. On the curb Creek bidding. and gutter bidding, there had been corrections to show the bids in terms of square instead of linear feet. A -Quality Concrete No Archuleta Southeastern Concrete & Building AS ADVERTISED CORRECTED $12,406.25 20,955.00 21,911.00 $16,100.00 29,820.00 29,594.00 • Councilman Peterson made the motion that the City accept the A -Quality selected bid for curb and gutter of A -Quality Concrete, seconded by for curb & gutter. Councilman McDougald, approved unanimously. Councilman McDoug- ald was concerned about the quality of the concrete, since this had been a recent problem in Moab. He suggested Inspector Brundage be present to inspect the concrete as it was being poured. Bob Westwood was in the audience, and'stated that since it was a state job, a state inspector would be there to inspect the concrete. There had been two bids submitted for the paving of the Mill Southern Paving sel Creek Project. Engstrom submitted a bid of $72,160.00, while ected for paving. Southern Paving had submitted a bid of $73,994.40. Although Engstrom was the low bidder, Councilman Peterson expressed con- cern over the fact that they had had trouble completing some work for the City in the past. He said that at that time, the 482 AOG Planner Curt Pehrson. Resignation turned is by Animal Control Officer. Ordinances to be ad- vertised. Fences around City wells. Ordinances to go to Planning Comm. (Cars parked more than 72 hours. Council had felt negatively toward any future contracting with Engstrom for City work. It was brought up that a $100 per day penalty would be charged for work that was not finished by the deadline. Councilman Peterson made the motion that the City accept the bid of Southern Paving rather than Engstrom, secon- ded by Councilman Wiseman, approved unanimously. Mayor Jacobs introduced Curt Pehrson, the new planner hired by the Southeastern Utah Association of Governments. Mr. Pehrson took a few minutes to tell the Council and audience about the SEUAOG and what he will be doing. Police Chief Dalton announced that Curtis Fleming, the Animal Control Officer, had turned in his resignation due to pressures on the job, and that the position was being advertised as of that day. He stated that Mr. Fleming had said he would continue with the job until a replacement could be found. Mr. Coffman stated that by the next Council meeting he should have an ordinance drawn up making the possession of marijuana a City offense. He said it should be advertised for a public hearing. Other proposed ordinances to be advertised for the public hearing are the 1979 revisions of the Uniform Building Code, Fire Code, Plumbing Code, and Mechanical Code. Mr. Coff- man said there would need to be a revision of the criminal por- tion of the City Code and enlargement of the regulation of sub- divisions portion. He mentioned that fences should be put up for security and lia- bility reasons around the City's wells, and urged the Council to consider it. Three proposed ordinances to be presented to the Planning Commis- sion, and then to the City Council include one concerning flag lots, one concerning trucking companies in certain zones, and the other concerning mini -storage units in R-3 zones. It was the concensus of the Council that something should be done about cars which are parked on streets for more than 72 hours at a time, especially those which are unlicensed and/or inoperable. It was stated that there is an ordinance against parking more than 72 hours in one place on the streets, Mayor Jacobs said he would meet with Mr. Coffman for possible solutions to the problem. Request from N. Minor Nancy Minor was present to ask that the Council approve the final for final approval oplat on her subdivision, as it was approved by the Planning Com- Isubdivision. mission. Councilman Tomsic made the motion that the Council accept the plat, seconded by Councilman Wiseman. There was some discussion as to the Minors receiving water from the Spanish Valley Water and Sewer Improvement District, since the Minors live in that area. Councilman Wiseman amended the motion to include two stipulations. These were 1) that any forthcoming installation of sewer lines should be done with pipe at least 8 inches in diameter, and 2) that the SVW and SID would service the Cottonwood Subdivision. The amendment was seconded by Coun- cilman Tomsic, approved unanimously. Upgrading of Treas. salary to be inclu- d^3 in hearing. Improvements to new City park. Councilman Wiseman mentioned that since the City Treasurer is an appointed official, and since her salary was upgraded, that this point should also be included for discussion at the public hear- ing. He also had some comments in relation to the City Park. He sta- ted simply that it was a disgrace due to 1) the billbugs infes- ting the lawn, 2) the fact that it looked bad and had a lot of brown patches, and 3) the City had been wasting water on it. Mayor Jacobs said one of the main problems was that the sprink- ling system needed to be revamped. He said the water pressure was too low in many instances. Mayor Jacobs said the steps to improving the park would probably be 1) the drilling of a well, 2) the making of plans and layout for the tennis courts to be installed at the park, and 3) the revamping of the sprinkling system. He also suggested that a qualifired gardner might be hired for next summer to take care of both City parks, with the hired girls just doing some of the sidework such as trimming, There was some discussion about either reseeding or sodding of the bad places. Councilman Peterson asked about the City Administrator inter- views. He was told they had been set up for Wednesday, July 25 at 1;30 for Greg Koert and 2;30 gar Ronald C. Johnson. 483 City Adm. interviews CrJ C*J Ga V U He also asked about Jerry Croasmun and if he had complied wit the regulations which had been set for the issuing of his bus- iness license. He was told that Mr. Croasmun had complied with them. Councilman McDougald commended City employee Don Robinson for his getting the town through the dry summer without having t ration water. Mayor Jacobs had recently been appointed to two committees ou of the governor's office. These two committees were the Clea Drinking Water Committee and the Manpower Committee. Council man Tomsic made a motion that the Mayor be congratulated on these appointments, seconded by Councilman Wiseman, approved unanimously. Mayor Jacobs mentioned a seminar being given by the state and sting office, which Treasurer McLeod and Deputy Recorder Mar- shall had been wanting to attend. The three-day seminar was deemed worthwhile, and the cost for the two girls would be a total of $300. Councilman Tomsic moved that Treasurer McLeod and Deputy Recorder Marshall be allowed to attend the seminar with the City to provide the funds for them to go, seconded b Councilman Wiseman, approved unanimously. The problem of infiltration into the sewer lines was brought up by Mayor Jacobs. During each 24-hour period, 400,000 gal- lons: of infiltration goes into the sewer lines compared with 300,000 gallons of sewage. In order to pinpoint the exact location of the infiltration, the Mayor recommended consider- ing televising of the sewer system by Community Consultants. The televising would be concentrated at Third South and Fourt East and the areas directly west of the Moab Swim Center. Councilman Peterson made the motion that the City use the tel evising system to look at infiltration in the sewer lines, seconded by Councilman Tomsic, approved unanimously. The police department had recently put in a request for a new or rebuilt typewriter since their present one had not been working very well. The Mayor said he would look into the dif ferent options and prices for typewriters and report back to the Council with the information. A problem had arisen a few days earlier concerning a water deposit for David Cozzens. He was not able to pay the $75 deposit and the Mayor said he would reduce it to $25. His mother came in afterward and asked if she could cosign for he son for water bills, but that he not be required to pay any deposit. Mayor Jacobs brought it before the Council for con- sideration. It was the concensus of the Council that his mother not be allowed to cosign for him, but he be required t pay the reduced $25 deposit, instead. Councilman Peterson asked how negotiations were coming with the purchase of the other one-third of the Robertson Well. Mayor Jacobs said he had talked to Ron and made the offer, bu knew of others wanting to purchase the well, also. He said h had not heard from Mr. Robertson about an acceptance of the City's offer. Councilman Wiseman suggested that a background check be run o the City Administrator applicants who were coming for the interviews on Wednesday and asked Police Chief Dalton the approximate time of running such a check. Police Chief Dalto said he could usually run a pretty good check in a couple of days, but that was on criminal suspects. The Mayor asked tha Attorney Coffman make up a form to be signed by any future jo applicants for giving permission to release information in checking out their background. It was decided the City not pay $50 to the Water Users Associ ation for a membership fee until such a time as the Mayor rec ommends it. Councilman Tomsic made the motion that the bills be approved with this exception, seconded by Councilman McDou ald, approved unanimously. J. Croasmun license. Praise for D. Robin- son. Mayor appointed to State committees. State accounting sem- inar. Sewer infiltration. New typewriter for police dept. Water deposit for David Cozzens. Negotiations for purchase of Robert- son Well. Background checks on Admin. applicants. Bills approved. 4 d 4 Councilman Tomsic moved the meeting be adjourned, seconded by Meeting adjourned. Councilman McDougald, approved unanimously. The meeting adjourned at 10;30 p.m, Executive meeting. Mill levy. ATTEST: Judrshall Deputy Recorder APP'O D: rol: A. J. .bs, Mayor CITY COUNCIL Executive Meeting Minutes July 31, 1979 An executive meeting of the Moab City Council was called to order at noon at the Greenwell Restaurant on the above date. Present were Mayor Jacobs, Councilmen Peterson, McDougald, and Barker. Also present were City Accountant Ed Claus and Police Chief Dalton. During the meeting discrepancies in budget figures and the mill levy were discussed. Figures received after the budget hear- ing threw mill levy figures off. Budget hearing calle Councilman Barker moved that a budget hearing be called before August 10 and advertised August 1, for the purpose of budget or mill levy adjustment, seconded by Councilman McDougald, approved unanimously. Hospitalization cov- There was a lengthy discussion on employee dissatisfaction over erage. other municipal employees getting family coverage on hospital- ization. Moab City covers only the employee. Those in atten- dance expressed concern and a desire to discuss the matter before the entire Council. Meeting adjourned. The meeting adjourned at 1:15 Regular meeting, Minutes approved. F. Hobbs - Final approval of subd. p.m. APPROVED: /s/ Harold Jacobs, Mayor COUNCILMEN: /s/ Keith W. Peterson /s/ William D. McDougald /s/ Dixie L. Barker ATTEST: /s/ Judy L. Marshall DATED: August 14, 1979 CITY COUNCIL Minutes August 7, 1979 A regular meeting of the Moab City Council was held on the above date in the Council Chambers, Mayor Jacobs called the meeting to order at 8:01 p.m. Present were Councilmen Tomsic, Barker, McDougald, and Wiseman. Also present were City Attorney Coff- man, Engineer Keogh, Deputy Recorder Marshall, Treasurer McLeod, Police Chief Dalton, Planner Pehrson, Secretary Honeycutt, and 15 citizens. Councilman Wiseman moved the July 23 minutes be approved as sub- mitted, seconded by Councilman Tomsic, approved unanimously. Frank Hobbs appeared for final approval of his subdivision. He was told the Planning Commission needed to have it approved first. He asked ,for permission to put up a bond and be relieved of the responsibility to put in sidewalks before the houses were built. Councilman Tomsic said the sequence for building houses and laying sidewalks did seem to be in the wrong order, since the heavy trucks drive over the sidewalks before the houses are completed, and break the concrete up. Mr. Hobbs asked for a stipulation to the bond saying that the sidewalks would be put in within a year's time. The Council said that his writ- ing an agreement to the plat saying this would be agreeable to them. Mr. Coffman said he would draw up an agreement to that effect. Councilman Wiseman made the motion to accept the agreement allowing Frank Hobbs to put in sidewalks with the stipulation they be done within a year, seconded by Coun- cilman Barker, approved unanimously. 485 Tom Marks, manager of the local Ramada Inn, came before the Ramada Inn cabaret Council with a request for a cabaret license. Mr. Marks license request. showed the Council the blueprint of the dance floor they ex- pect to put in, with the capacity to seat 250 people. Mr. Marks stated there were also fire exits included on the blue- print. Councilman Wiseman made a motion that the Council request that the fire chief investigate plans for the Ramdda Inn building and indicate to the Council in writing whether the proposed building meets the State Fire Code. The Police Chief would also then make a background investigation of the Ramada Inn, and have it ready for presentation at the next City Council meeting. Councilman McDougald amended this mo- tion to include that the building inspector also be involved in the checking. Councilman Wiseman accepted this amendment, Cti Ct Councilman Tomsic seconded the motion, and it was approved Q unanimously. The Mayor said that if Mr. Marks would come and see him the next day, they would talk to the building inspec- U for together. Councilman Wiseman presented his questions and recommendation Concrete problem. to the public concerning the concrete problem. He stressed that in the evaluation of the concrete by the appointed com- mittee, many value judgements had to be made, and the figure was quite low because the cost of tearing up the old concrete was not included in the $12,500 figure. Due to border -line judgements, the committee deemed much concrete unnecessary to replace. Councilman Wiseman said he felt the two main prob- lems were inadequate quality control (QC) at the batch plant and at Portland Cement Company, maker of the cement, and also intensity of the brine solution the City used last winter on the streets causing damage to the concrete. He emphasized th importance of QC being installed in the concrete system right away. Councilman Wiseman said his recommendations for replacing the Recommendations for concrete would be 1) that the City, contractors, and batch replacing concrete. plant split the cost, 2) the cost by split between the above three groups, and also including the homeowner to pay where his driveway was concerned, and 3) that the matter be taken t court. Lloyd Thayn and Councilman Tomsic both asked question concerning what comes under QC and certification of the batch plant. Mr. Coffman said that the Uniform Building Code state that a municipality has the authority to make checks or ins- pections of the batch plant to ensure QC, but it did not say to what extent. Councilman McDougald made several statements and asked some McDougald questions questions directed at Lloyd Thayn. He asked if Mr. Thayn factors in determin- bought strictly from Portland Cement Company, and was told ing quality of con - yes. He then asked questions about the different colors of crete. the cement, saying he did not think this was necessarily a cause for the damage. Mr. Thayn said color has no effect on the quality of the cement. Councilman McDougald stated that he did not think the brine solution was the cause for as much cement damage as was indicated, because the brine could not get up high on the sides of the curb. He also asked about th temperature of the cement when mixing. Fletcher Kirby said i did not really have that great of effect on the quality of th cement. Mr. Thayn said that every load of cement that comes to his batch plant is checked by the State, and he can get a certifi cation for each one. Councilman Wiseman asked if it would be out of line to have Larry Brundage present to the Council a list of State requirements for QC regulation. State certification. 486 Special concrete mtg called. Placing the blame as a solution. Adver. for policemen in S. L. Tribune. Problems at Mill Creek Project. New annexation law. Uncollectible water bills. Water Users Assoc. membership fee. Purchase of Robert- son Well. Administrator/Recor der job separation. Business license fo water softener comp Councilman Tomsic made a motion that a special meeting be called between the building inspector, Lloyd Thayn, and the Council for the purpose of attaining adequate QC at the batch plant at 4 p.m., August 8, seconded by Councilman Wiseman, approved unanimously. One main point discussed in the meeting was that of finding out for sure who was at fault rather than splitting the cost equally 3 or 4 different ways, but no one knew exactly how to place the blame since Pittsburgh Testing Laboratories gave no definite indication, nor did the concrete expert, Dr. Cordon. Frank Hobbs suggested that the City adopt a set of specifica- tions that everyone must follow. Discussion was tabled from this point until the special meeting the following day. Police Chief Dalton asked the Council's permission to adver- tise in the Salt Lake Tribune for police officers, since he was getting no response locally. The Council gave permission to do so. Engineer Keogh briefed the Council and audience on the happen- ings at the Mill Creek Project. He said they had encountered more problems than they had expected, including some utility lines buried, of which they had been unaware before beginning tearing up the road. A. J. Coffman mentioned several ordinances he was preparing for the near future. He also mentioned a new annexation law which had gone into effect that establishes a policy planning program by the Planning Commission for annexations of more than five acres. A Boundary Commission would be a separate entity which would make decisions only if an interested party contests the annexation. He said two members would have to be nominated to this commission. Councilman Wiseman said the Council should go on record as approving this action. He made a motion to state that the City Council direct a letter to the Planning Com- mission stating they immediately start a study of the projected municipal expansion as directed by this new State annexation program, seconded by Councilman Barker, approved unanimously. Treasurer McLeod had asked Attorney Coffman what should be done about the uncollectible delinquent water bills. He felt that for those of $25 and less, they should be turned over to Moab Credit Services for collection. They would take 50 percent of the collected bills, but Mr. Coffman said this would probably be cheaper in the long run than paying a $5 fee for each bill and have many remain uncollected. Mr. Coffman said some bills over $25 may also be referred to the collection agency. Councilman Tomsic asked what was going to be done about the $50 fee for the Water Users Association, which had not been okayed for payment as of the previous Council meeting. Mayor Jacobs said no decision had been made for payment at that time. She also asked about the purchase of the Robertson Well. Mayor Jacobs said he still had not heard from Ron Robertson about an acceptance, but that he had given no indication that he was not interested in the City's offer. Councilman Tomsic said that now that a City Administrator had been hired and would be starting work August 20, it seemed neces- sary that he know specifically what his duties would entail, and that a decision should be made as to whether the Administrator position would be separate from that of Recorder. After a discussion of the benefits of separating the Recorder from the Administrator, mostly a check system, Councilman Wiseman made a motion that there be a separation of the position of Recorder and Administrator, and that a Recorder be appointed, and that the position of Deputy Recorder also be retained. The motion was seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic suggested the salaries be the same for Treasurer and Recorder. Mayor Jacobs said that a company selling water softeners over the phone had applied for a business license. He thought the deal was fishy and wanted the Council's recommendation on what to do about issuing the license. The company is based in Provo. Councilman Tomsic said that Ed's Plumbing had been receiving calls concerning the telephone solicitations, and asking if the company's prices for water softeners were comparable to Ed's. She also said that several of the people who called said the salespeople had used hard -sell tactics to induce them to buy. Councilman Wiseman suggested the money be given to the Police Department for them to return it, and the company be informed they were not issued the license. Mr. Coffman suggested that rather than refusing them the $40 license, they instead be asked to pay $460 additional for a transient merchant's lic- ense. 0, The Mayor referred to a letter from the Department of Housing HUD - low-income A and Urban Development saying they wished to consider the Moun housing. U tain View area of Moab for low-income government -subsidized i� housing. It was the concensus of the Council that they did not want to bring more low-income housing into Moab, and Coun cilman Wiseman suggested the Mayor write a letter to HUD sta- ting that Moab has no need for additional housing at the time. 487 Fred Stoye had appeared before the Council at a previous meet Graveling of A-1 ing for permission to gravel property at his downtown A-1 Storage property. Storage building. The Council granted him permission provi- ded he graveled in a way to direct drainage water into the street. Mr. Jacobs said that Mr. Stoye had been told by Larr Brundage to go before the Board of Adjustments to get permis- sion and not the City Council. Mr. Brundage told him that he must asphalt the parking area. However, if it were to be fun neled, it would drain to the Alcoholics Anonymous.building. Mayor Jacobs said he should build a retaining wall to'take the drainage water out to First West. He felt that Mr. Stoye should go to the BOA as Larry Brundage told him, and get a decision from them before it is brought back to Council. Councilman Wiseman said that the motion for him to proceed which was passed in the last meeting should be retracted. It was decided that Mr. Brundage would meet with Mayor Jacobs and A. J. Coffman on the subject the next day. A sewer infiltration study was the next topic discussed, In Sewer infiltration the last Council meeting, the Council had voted to have a tel study. evising done of sewer lines in town in order to pinpoint in- filtration. The original contract to have this done quoted a cost of $9,840. The Mayor felt this was too expensive, espe- cially since Nielsen, Maxwell & Wangsgard had already comple- ted the 201 Study at a cost of $28,000. He said Community Consultants had recently written a letter changing the cost of inspection and cleaning of the system to $3,600 with a total cost of $6,150. The Mayor said the City had been give a $5 credit on a number of meters, and this reduced the tots cost to $4,410. He felt this was fairly reasonable, and wit the Council's permission, said he would sign the letter from Community Consultants authorizing that amount. He also said he wanted two more areas included in the study --one at Dr. Munsey's residence on Walker Street, and the Steenville area. The Council gave permission to sign the letter. The Mayor brought up the problem of several of the City emp- City hospitalization loyees being unhappy about the insurance and hospitalization, benefits vs. County. especially where family members were concerned. Councilman Tomsic was opposed to insuring the City employees' families because the price of insurance is so flexible. She had checked with the County to find out their benefits, pay, etc. She said the County employees were making less money than those of the City, and it certainly could not be this that was drawing City men to the Sheriff's Department. She said the City actually had as much, if not more to offer, than di. the County. Mayor Jacobs said that Curtis Fleming, the Animal Control Officer, reported that he was not getting by on the salary that was being paid him. He had been out on overtime a few times, but did not feel right about the City paying him over time for just 30 or so minutes of work. Councilman Wiseman suggested either he report his overtime for pay or that he wait until the end of his probation period for the 5 percent raise. The firing of the court clerk, Karen Mitchell, was also dis- cussed to some extent. Councilman Tomsic made the motion that Karen be given two weeks severance pay, seconded by Cou cilman McDougald. Councilman Wiseman said the motion should include that a letter be sent to the judge indicating the Animal Control Offi- cer salary. Firing of court clerk 4'8 Es Council's displeasure in firing her. This was not accepted to the motion. It passed 4 to 1. Councilman Wiseman voted against the motion. Approval of bills. Meeting adjourned. Special meeting. Quality Control Spe- cifications. Councilman Tomsic made the motion the bills be approved as sub- mitted, seconded by Councilman Wiseman, approved unanimously. Councilman Wiseman moved the meeting be adjourned at 11:30 p.m., seconded by Councilman McDougald, approved unanimously. ATTEST: Judi L/f Kfarshall Deputy Recorder APP WED: a o d ' cobs, Mayor CITY COUNCIL Special Concrete Meeting Minutes August 8, 1979 A special concrete meeting was held on the above date with batch plant owner, Lloyd Thayn, the purpose of which was to attempt to upgrade quality control at that plant. The meet- ing, which was called by a motion in the August 7 City Council meeting by Councilman Tomsic, seconded by Councilman Wiseman, was set for 4 p.m. Present were Mayor Jacobs, Councilmen Tomsic and Wiseman, Building Inspector Brundage, Secretary Honeycutt, Lloyd Thayn, and one citizen, Dee Tranter of KURA radio. Inspector Brundage went over the list of inspections and spe- cifications he had drawn up for the batch plant. Councilman Wiseman asked if these were acceptable to Mr. Thayn and if he could live with these specifications. Mr. Thayn said he could, and the Council had none to add to the list. INSPECTIONS AND SPECIFICATIONS 1. In -plant inspections - 2 or more per month. 2. On -job inspections - 2 or more per month. 3. No set time for inspections. 4. Any cement found not meeting standards will be returned to the batch plant. 5. No leftover cement from one job is to be mixed with new cement from the batch plant for the next job. 6. On hot days, gravel will be kept cool by sprinkling with water and keeping it moist. 7. Contractors will order exactly what they need as to bag mix, slump, and air entrainment. 8. Slump Tolerances -- Tolerances For Normal Slump For specified slump of: Two inches and less More than 2 through 4 inches More than 4 inches t 1/2 inch t 1 inch + 1 1/2 inches 9. Air entrainment - All flat work exposed to weather, and curb and gutter must contain 5 to 6 percent air entrainment. 10. More specifications can be found in Chapter 26-16 in Uni- form Building Code Standards. 489 co 7m co C� U V 11. Batch plant must supply hatching information on each deli - very slip. Mr. Thayn said he had purchased an air entrainment meter for Air entrainment $454 from Intermountain Concrete Specialists in Salt Lake Cit , meter. Mayor Jacobs said the City wanted to purchase one right away; Mr. Thayn said the City was welcome to use his in the meantim Inspector Brundage said the tests that he would be doing on the concrete would be done before or as the concrete is being poured. Both the on -job inspections and in -plant inspections would take approximately 45 minutes. Inspector Brundage said it would probably take about two months to see if the quality control specifications are work- ing. Councilman Wiseman required, with the Mayor's permissio that at the end of the two -month period, Mr. Brundage submit written report to the Council on the results of installing th quality control measures. The meeting adjourned at 4:35 p.m. ATTEST: Jypfy rthall eputy Recorder APPRO D: Haro d A.ayor CITY COUNCIL Special Budget Hearing - August 9, 1979 Special Budget Meeting - August 10, 1979 Minutes A special budget hearing, called by Mayor Harold Jacobs, was scheduled for 8 p.m. August 9, 1979. Present were Councilmen Tomsic and McDougald. Also present were City Accountant Ed Claus, Treasurer McLeod, Deputy Recorder Marshall, and Secre- tary Honeycutt. No citizens were present. Purpose of the hearing was to amend the fiscal year 1979-198 budget to conform with the mill levy of 21.5. This required an increase of $3,928. At 8:40 p.m., due to lack of a quorum and no citizen partici- pation, Mayor Jacobs recessed the hearing until 10:30 the fol lowing morning, August 10, at Councilman Tomsic's residence. At the August 10 meeting, Councilmen Tomsic, McDougald, and Barker were present, as well as Mayor Jacobs. Based on dis- cussion of the budget adjustment due to the mill levy, Coun- cilman Tomsic made the motion to adopt Resolution 11-79 amend ing the Moab City budget commencing July 1, 1979 and ending June 30, 1980, seconded by Councilman Barker, approved unani- mously. RESOLUTION 11-79 WHEREAS, the Mayor and City Council of the City of Moab held a public hearing at a special Council Meeting on August 9, 1979 for the purpose of consideration of adoption of an amended budget for the fiscal year July 1, 1979 to June 30, 1980; and WHEREAS, upon explanation of the proposed amended budget by E. J. Claus, City Accountant, the Moab City Council unanimously adopted the proposed amended budget as presented. Testing. Brundage to submit written report. Adjournment. Special hearing. Purpose to amend budget to conform with mill levy. Hearing recessed. Resolution 11-79 approved. 490 Regular meeting. Minutes corrected h approved. Hiatt request for annexation approved. McDougald enters. Ramada Inn request for cabaret license. NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held on August 9, 1979, be, and the same are hereby ordered to show the adoption of the amended budget commencing July 1, 1979 and ending June 30, 1980, as presented to the Mayor and City Council. PASSED this 9th day of August, 1979. ATTEST: /s/ Judy L. Marshall, Deputy City Recorder ATTEST: /s/ Harold Jacobs, Mayor CITY COUNCIL August 21, 1979 A regular meeting of the Moab City Council was called to order on the above date at 8 p.m. by Mayor Harold Jacobs in the City Council Chambers. Present were Councilmen Peterson, Tomsic, Wiseman, Barker, and McDougald. Also present were new City Administrator Greg Koert, Attorney Coffman, Engineer Keogh, Police Chief Dalton, and Secretary Honeycutt. Sixteen citizens were also present. The minutes of August 7 were approved unanimously as submitted by a motion from Councilman Wiseman, seconded by Councilman Barker. Councilman Wiseman asked that the fifth paragraph of the August 8 Special Concrete Meeting minutes be changed from "Councilman Wiseman recommended that at the end of the two - month period ." to "Councilman Wiseman required, with the Mayor's permission, that at the end of the two -month period With that correction, he made the motion they be approved, sec- onded by Councilman Barker, approved unanimously. Councilman Barker suggested the heading of the Special Budget Hearing min- utes be clarified to show that the hearing was held August 9, but that a meeting, and not a hearing, was held August 10. In the fourth paragraph, she also suggested the word "postponed" be changed to "recessed." With these changes, Councilman Tomsic made the motion the minutes of August 9 and 10 be approved, sec- onded by Councilman Barker, approved unanimously. Alice Hiatt came before the Council with a request that property she and Douglas Farnsworth own on the east side of Stewart Lane be annexed into the City. After she presented a written request, map, and legal description of the property, Councilman Barker made the motion the property be accepted into the City limits, seconded by Councilman Wiseman. The motion was approved unani- mously by roll -call vote. Councilman McDougald entered the meeting at this time, 8:15 p.m. Tom Marks, -manager of the Ramada Inn, was present in regard to a request for a cabaret license. Protests were made against the issuing of the license by three persons affiliated with the Sports- man's Lounge, which is located out of the City limits. They stated they had built their business out of town to avoid the problems of noise and traffic control if such a business had been built at a Main Street location. They did not feel it was fair to issue the license to the Ramada Inn. Mayor Jacobs said the Ramada Inn would only be issued the license after thorough checks on noise, traffic, and fire control. Mr. Marks stated they had reduced the seating capacity from 250 to 80, and if anyone were to be bothered by noise, it would first be their own guests. He said they would be willing to work with the City Council to arrive at a solution. Because the proper written reports from the police chief, fire chief, and building inspector, which were requested at the last meeting, had not been submitted, Coun- cilman Barker made the motion the matter be tabled until plans are more complete and the written reports are received by the Council. The motion was seconded by Councilman Wiseman, motion passed; Councilman McDougald abstained from voting because he was under heavy medication. Community Consultants representative Jim Smith briefly ex- plained to the Council and audience what their firm was doing in analyzing the sewer lines for infiltration. He stated a heavy percentage of the inflow was in two main areas. Mr. Smith said that Nielsen, Maxwell 6 Wangsgard had agreed to pay any costs incurred as a result of their erring in the 201 Stud Councilman Wiseman asked why the studies were done at night. Mr. Smith said they are done in the late night hours because this is when there is the least amount of sewage in the lines, and it is easier to pinpoint the infiltration. Police Chief Dalton said he was interested in hiring a new man that he had talked with as a police officer. Councilman Tomsi recommended this matter be brought up in an executive session after the regular meeting since it was a personnel matter. Th Council agreed to an executive session after the regular meet- ing. 491 Brief explanation of I/I study by J. Smith Dalton wanting to hire new officer. A request was made by Chief Dalton that the City start picking up the tab for the medical insurance for the families of the City employees. He said most of the surrounding towns did thi for their employees. Councilman Tomsic inquired as to why thi- had not been brought up when the budget was being drawn up. Chief Dalton said that he had been told by former City Admini- strator Bud Stocks not to worry about the budget and that ever thing would be taken care of. Councilman Peterson made the motion the decision on the matter be tabled until the next Council meeting at which the Mayor and City Administrator pres- ent specific figures on costs and available budget money. He also included in the motion that the City Administrator call Blue Cross 5 Blue Shield for information. The motion was sec- onded by Councilman Barker. The motion resulted in a tie with Councilman Peterson and Barker for the motion, Councilmen Tom - sic and Wiseman opposing the motion, and Councilman McDougald abstaining. Councilman Tomsic said she would not even consider the request that the City pay the insurance of the City employ- ees' families. Mayor Jacobs broke the tie by voting in favor of the motion, and the motion passed. Councilman McDougald then left the meeting at 9:15 p.m. because he did not feel well and was under heavy medication. City Engineer Keogh said that he had written a letter to Flet- cher Kerby regarding the concrete work he would be doing at the Mill Creek Drive Project. The letter informed Mr. Kerby that the date for him to proceed on the construction would be Monday August 27. Attorney Coffman said he had recently received a letter from the Attorney General saying he would no longer offer his opin- ions to the City Council. Mr. Coffman said there were several ordinances ready to be ad- vertised for a public hearing. There was some discussion about a cat ordinance. Councilman Wiseman stated there were some wells dug out Sand Flats Road about ten years ago for oil and gas, which had un.- disturbed water tables and could possibly be used as water sources for the City. It was brought up that the Spanish Valle Water Conservancy District would possibly be supplying water fo the City in the future. Councilman Wiseman said with the Coun- cil's blessing, he would get with City Administrator Koert to work on having the wells tested for City use. Administrator Koert said he would also get with Cleon Feight of the gas com- mission. equest for City to ay medical insurance McDougald leaves. Kerby to start Mill Creek Project. Letter from Att.Gen. Ordinances ready for advertising. Wells to be tested for City water pos- sibility. Mayor Jacobs said a diaphragm pump had been approved for pur- Diaphragm pump. chase in the budget for $400, but they had gone up to over $800. He said he would get two bids on the pump, and hoped the Counci would go along with the lower one because of the high cost. 4 9 2 Mayor Jacobs had a brochure on a two -cylinder 30 H.P. tractor Purchase of tractor he was interested in purchasing for the City to use in both for City parks. City parks. He said the City would need a spreader and ground sprayer,"and the cost would probably be about $8,000. Well at City park. Councilman Tomsic asked if the well for the new City park had been dug yet. The Mayor told her he had been talking to Mr. Koert about it just recently, and that he expected it to be drilled within the next two weeks. Exterminator to spra. After a discussion of tent caterpillars and billbugs, the Conn City again. cil gave the Mayor permission to call Bob Olsen of Wasatch Extermination to come into Moab and spray. Councilman Tomsic suggested that if it were possible, the City buy the supplies and make it mandatory that homeowners spray their yards. Bills approved. Councilman Barker made the motion the bills be approved as submitted for payment, seconded by Councilman Peterson, approved unanimously. Meeting adjourned. The meeting was adjourned into executive session at 9:55 p.m. Regular meeting. ATTEST: APPROVED: Harold Jaco Mayor ty Recorder CITY COUNCIL September 4, 1979 A regular meeting of the Moab City Council was called to order at 8:06 p.m. on the above date by Mayor Harold Jacobs. Pres- ent were Councilmen Wiseman, Peterson, Tomsic, and Barker. Also present were City Administrator Koert, Attorney Coffman, Engineer Keogh, Building Inspector Brundage, Deputy Recorder Marshall, Treasurer McLeod, Secretary Honeycutt, and 18 citi- zens. Minutes corrected 6 Councilman Tomsic requested the following corrections be approved. made to the minutes of the regular meeting of August 21: The last paragraph of Page 1 be changed from "Because Police Chief Dalton had not yet submitted in writing " to 'Because the proper written reports from the police chief, fire chief, and building inspector, which were requested at the last meeting, had not been submitted, Councilman Barker made the motion the matter be tabled until plans are more complete and the written reports are received by the Council." She also suggested that on Page 2, third paragraph, the first sentence be clarified to show the request was for the City picking up the tab of the medi- cal insurance for the families of City employees, and not just the employees. She said the fourth sentence of the same para- graph should be changed to show that former City Administrator Bud Stocks was the person who told Police Chief Dalton not to worry about the budget. In the same paragraph, she asked that a sentence be inserted before the last sentence to state "Councilman Tomsic said she would not even consider the request that the City pay the insurance of the City employees' families." With these corrections, Councilman Wiseman made the motion the minutes of August 21 be approved, seconded by Councilman Tom - sic, approved unanimously. Ramada Inn cabaret license. Tom Marks was present, once again, in regard to his request for a cabaret license for the Ramada Inn. Two of Mr. Marks asso- ciates were also present and stated they felt the population of Moab was enough to make the disco successful. The proper written reports from the police chief, fire chief, and building inspector had been received by the Council, and Councilman Tom - sic made the motion the cabaret license be approved. The motion was seconded by Councilman Wiseman, approved unanimously. J. Huizingh request. Jim Huizing was present to request the Council authorize the bldg. permit. granting of a building permit to him for construction on a lot he owns near the City shop. He stated he had had much trouble in the past obtaining one, but that some of his neighbors in the area had received some with relative ease. Although the lot is in the City limits, it does not conform to City subdivi sim standards, and the City does not provide utilities or ser vices to that area. It was decided that if the permit were granted, a letter saying the City would not provide services and utilities to the area would be sufficient. Councilman Wiseman pointed out that in the past, the City was not allowed to grant building permits in that area, but that the regula- tions became lax, and some were granted. Mayor Jacobs and Councilman Wiseman asked that a stipulation also be added to the letter that the City would not maintain the road in the area unless it was brought up to City standards. Councilman Wiseman made the motion the building permit be granted with th understanding the City would provide no utilities or services to the area, seconded by Councilman Tomsic. Councilman Barker entered the meeting at 8:25 p.m. Attorney Coffman suggested the motion be reduced to the form of an ordinance acknowledgin the situation of the poor road, availability of City services and utilities, etc., to be presented at the next Council meet- ing. Councilman Wiseman changed the motion to include that it would be put in the form of an ordinance to be presented at the next meeting. Councilman Tomsic accepted this correction, and it was approved unanimously. Bud Stocks came before the Council to present to the City a copy of the results of a feasibility study done for him and some of his associates in the development of their condominium project, Selena Valejo. He asked that his discussion of the purchase of the Robertson Well and their condominium project be postponed until the next meeting, since the agenda was long for this meeting, and the bank had not approved it yet, as wel Fire Prevention Week (October 7-13) was the subject discussed by Russ Cronk. He said during Fire Prevention Week, the fire department would be attempting to upgrade fire prevention through brochures and demonstrations to be held for the school and scouting organizations. He requested a donation from the City for the supplies they would be ordering for this week. The total for the supplies was $394.50. Councilman Wiseman made the motion the City provide the money for this cause, with the invoice to be presented to the City for payment. The motion was seconded by Councilman Barker, approved unanimously Councilman Wiseman brought up the concrete problem saying ther was another possible solution in addition to those he had sug- gested at a previous meeting for replacing of the concrete. H suggested Building Inspector Brundage be given the authority t contact the Department of Contractors and make a statement to them that the concrete was not up to standards when it was poured by the contractors. He said the procedures if Mr. Brun dage was given this authority would be 1) Mr. Brundage files a complaint to the Department of Contractors, 2) the State would come down and talk to the contractors, and 3) if the State did find the contractors were pouring concrete that was not up to standards, the responsibility would then fall on them, and the would have the option of going back to prove fault originated before their pouring the concrete. There was a question as to whether only City -contracted work should be included in the replacement of the concrete. Councilman Darker made the motio Mr. Brundage be given the authority to start the procedure wit the complaint to the Department of Contractors, but that the replacing of the concrete be only where the City has contracts for work, seconded by Councilman Tomsic, approved unanimously. Engineer Keogh said that the Mill Creek Project was pretty much going on schedule. Attorney Coffman mad a list of many ordinances that needed to be advertised for a public hearing. Councilman Wiseman sug- gested Administrator Koert decide which ordinances should be advertised and the order. It was the concensus of the Counci that he go ahead with this decision. Resolution 12-79, a resolution allowing the annexation of pro erty owned by Alice Hiatt and Douglas Farnsworth into the Cit limits, was brought up for approval. Councilman Barker made the motion this resolution be accepted as presented, seconded by Councilman Wiseman, approved unanimously.(Resolution folio 493 B. Stocks, re: Selena Valejo condo project. Fire Prevention Week. Concrete replacement suggestion. Mill Creek Project on schedule. Ordinances ready for advertising. s) A. Hiatt/D. Farns- worth annexation resolution. 194 ANNEXATION RESOLUTION #I2-79 Annexation Resolu- tion #12-79. Bids on Police type- writer. City employee family ins, request. RESOLUTION DKLABING THE ANNEXATION OF TERRITORY TO THE MUNICIPALITY OF MOAB, COUNTY OF -GRAND. WHEREAS, a majority of the owners of real property and the owners of not less than one-third in value of the real property as shown on the last assessment rolls in territory lying contiguous to this municipality have peti- tioned this municipality for annexation; and WHEREAS, the petitioner was accompanied by an accurate plat or map of the territory to be annexed prepared under the supervision of the city engineer or surveyor; and WHEREAS, the petition and plat or map have been filed in the office of the Municipal recorder, IT IS HEREBY RESOLVED by the Council of the City of Moab: SECTION I TERRITORY ANNEXED. The territory described below is hereby declared annexed to the municipality: Beginning at a 1/2" rebar 1.8 ft. East of a fence on the East side of Stewart Lane which bears South 1152.7 ft. and East 21.0 ft. from the North 1/4 Corner, Sec. 2, T26S, R21E, SLE&M and proceeding thence S 89 degrees 58' East, 676.9 ft. to a 1/2" rebar 1.2 ft. West of a fence, thence S 0 degrees 39' East, 156.5 ft. with a fence line to a fence corner post, thence N 89 degrees 51' West, 677.7 ft. with a fence line to a fence corner post on the East side of Stewart Lane, thence N 0 degrees 20' West, 155.2 ft, with a fence line to the point of beginning and containing 2.42 acres, more or less, as shown on the attached plat. Bear- ings are based on the North line, NE 1/4, Section 2, (N 89 degrees 54' West). SECTION II VOTING RECORD: The following Moab City Councilmen voted as indicated: Ayes: Councilman Tomsic, Councilman Peterson, Coun- cilman Wiseman, and Councilman Barker. Councilman McDougald abstained from voting due to medication he was taking for back ailment. SECTION III EFFECTIVE DATE. This resolution shall take effect immediately. Passed by a vote of at least two-thirds of the members of the governing body this 4th day of September, 1979. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Judy L. Marshall, City Recorder Administrator Koert said he had received two written bids for a typewriter for the police department, One was from Spencer s, and the other, from Office Equipment Company, Councilman Barker made the motion that the Council give Mr. Koert the authority to make the decision on the bids, since they were $4 apart, sec- onded by Councilman Wiseman, approved unanimously. The subject of the request that the City pay the City employees' families' insurance was brought up by Administrator Koert. After a lengthy discussion of available funds and costs, Coun- cilman Tomsic made the motion that the City not provide the funds for City employee family insurance, seconded by Councilman Wiseman. The motion resulted in a tie with Councilmen Tomsic (SEPTETH 4, 1979 MINUTES CONTINUED ON INSERT PAGE.) i (SEPTEMBER 4, 1979 MINUTES CONTINUED) and Wiseman voting for the motion; Councilmen Barker and Peter- son voting against the motion. Mayor Jacobs broke the tie by I voting against the motion; motion did not pass. When asked where the money would be coming from, Administrator Koert said there had been money budgeted for a planning department, and there would be enough money if it were taken out of this budget area. Councilman Peterson made the motion the City pay the insurance for City employee dependents contingent upon a public hearing wherein there would be input from citizens. The motion was sec- onded by Councilman Barker, but withdrawn, and a new motion made by Councilman Peterson to state that a public hearing be held requesting citizen input concerning the City paying City employee dependents' insurance. The motion was seconded by Councilman Barker. Councilmen Peterson and Barker voted for the motion; Councilmen Wiseman and Tomsic against the motion, and Mayor Jac- obs broke the tie by voting for the motion; motion passed. It was decided the public hearing would be held at the first regu- larly -scheduled Council meeting in October. Dogs barking at night , Councilman Barker mentioned that recently there had been doss in in C. Barker's area. her neighborhood barking at night and wondered if there could be anything done. No workable solution was presented, so the Coun- cil went on to the next subject. City water in B. Stocks' Councilman Wiseman inquired about the Robertson Well, and asked subdivision project. if any of the City's water would be going into Bud Stocks' new subdivision project. He was told no. Letter re: new annex- Councilman Wiseman also asked if the letter had been written to ation law. the Planning Commission informing them of the new annexation law. Administrator Koert said they had held off on the letter because of the legislation the law was undergoing, but that he had planned to bring it up at the Planning Commission meeting of September 11. Procedure for filing There had been some problems in the past in the procedure for complaints. filing complaints to the City Attorney. These would be directed back to the Police Department, and then back to the attorney. It was suggested they first be brought to the Police Department and then from there they could be taken to the City Attorney. Mr. Koert said he would get with Councilman Wiseman and Police Chief Dalton the next day for a possible solution. Bills approved. Councilman Barker moved the bills be paid, seconded by Council- man Peterson, approved unanimously. Meeting adjourned. The meeting adjourned by mutual consent at 10:55 p.m. ATTEST : 62 LCsrcj 4, e7 er APPko en;