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Home My Public Portal AboutPKT-CC-2014-07-22Moab City Council July 22, 2014 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) 1 of 17 Agenda 2of17 Agenda City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, July 22, 2014 at 6:30 p.m. 6:30 p.m. 7:00 p.m. PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 June 24, 2014 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: SECTION 5: SECTION 6: SECTION 7: SECTION 8: SECTION 9: PRESENTATIONS AND PROCLAMATIONS 4-1 Presentation by Joe Kingsley Regarding Matrimony Springs 4-2 Presentation by the State of Utah Division of Air Quality PUBLIC HEARINGS (Approximately 7:15 PM) APPROVAL OF LICENSES 6-1 Approval of Class III Beer License for Douglas Allan Slauth, d.b.a. 7-Eleven #53615, Located at 220 North Main Street NEW BUSINESS 7-1 Discussion Regarding the Sale of Water at the City of Moab Public Works Yard 7-2 Approval of Proposed Resolution #32-2014 — A Resolution Revising the Commercial Shop Water Rate MAYOR AND COUNCIL REPORTS READING OF CORRESPONDENCE 3of17 Agenda SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 4of17 Agenda MOAB CITY COUNCIL REGULAR MEETING June 24, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Police Chief Mike Navarre, City Engineer Rebecca Andrus and Public Works Director Jeff Foster. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Three (3) members of the audience and media were present. There were no minutes to approve. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that she had been very busy with the Lions Park project and conducting an assessment on the waste stream analysis including lead paint on the picnic tables. City Engineer Andrus stated that the 500 West Project design would be coming up in a couple of weeks and that she was organizing her files and preparing for her departure. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that staff had a lot going on and that the report would soon be issued by the Department of Environmental Quality (DEQ) and then the findings would be addressed. Public Works Director Foster stated that Questar Gas was busy working on their line relocation project in town, that he had issued a lot of encroachment permits, that the Chip Seal project should be completed soon, that the Ballpark shade structure was installed and that the 400 East pedestrian bridge was finished. June 24, 2014 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE Page 1 of 4 5of17 Agenda Mayor Sakrison asked for a phone number that he could reach Public Works Director Foster on for emergency situations. Councilmember Peterson inquired about a sidewalk at the Charter School. Public Works Director Foster stated that the sidewalk would be incorporated into the sidewalk plan. Mayor Sakrison inquired about a mulberry issue on the Millcreek Path Way. Public Works Director Foster stated that the issue was being addressed by staff. Mayor Sakirson opened a public hearing on Proposed Resolution #25- 2014 — A Resolution Amending the Fiscal Year 2013-2014 Annual Budget at 7:12 PM. No public comment was given. Mayor Sakrison closed the public hearing at 7:16 PM. Councilmember Peterson moved to approve Proposed Ordinance #2014- 05 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials Salaries. Councilmember McElhaney seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Proposed Resolution #25- 2014 — A Resolution Amending the Fiscal Year 2013-2014 Annual Budget. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember McElhaney moved to approve Proposed Ordinance #2014-04 - An Ordinance Naming the Frontage Road along North Hwy 191 to River View Drive. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Councilmember McElhaney moved to Confirm the Mayoral Appointment of Joe Downard to the Planning Commission for a Term Ending December 31, 2018. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Ershadi moved to approve Proposed Resolution # 30- June 24, 2014 PUBLIC HEARING OPENED PUBLIC HEARING CLOSED PROPOSED ORDINANCE #2014- 05, APPROVED PROPOSED RESOLUTION #25- 2014, APPROVED PROPOSED ORDINANCE #2014- 04, APPROVED MAYORAL APPOINTMENT TO PLANNING COMMISSION, APPROVED PROPOSED RESOLUTION #30- Page 2 of 4 6of17 Agenda 2014 — A Resolution Approving a Contract By and Between the City of Moab and the Department of Workforce Services — Community Development Block Grant Program for the Virginian Apartment HVAC and Roofing Project. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Ershadi moved to approve a Class II Beer License for Devran Cengiz, d.b.a. Devran's Mediterranean Restaurant Located at 60 North 100 West. Councilmember McElhaney seconded the motion. The motion carried 4-0 aye. Councilmember McElhaney moved to approve Local Consent of a Full - Service Restaurant Liquor License for Devran's Mediterranean Located at 60 North 700 West. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Councilmember Ershadi moved to approve a Private Property Food Vendor License for Michael, Barbara and Dallas Kane, d.b.a. Rock On Climbing Walls L.L.C., to Conduct a Sno Cone Business Located at 83 South Main Street from June 25 to November 25, 2014. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Task Order No. 14-01 for Evaluation of Wastewater Treatment Plant Performance and Amending the Facility Master Plan by Bowen Collins & Associates, Inc. Councilmember McElhaney seconded the motion. The motion carried 4- 0 aye. Councilmember Peterson moved to approve Task Order No. 14-02 for Assistance in the Evaluation of Dewatering Press Proposals by Bowen Collins & Associates, Inc. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Ershadi moved to approve Task Order No. 375.01.100 for Preliminary Design of a Water Storage Tank by Hansen, Allen, & Luce Inc. Councilmember McElhaney seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Task Order No. 2 for a Pavement Condition Survey by Horrocks Engineers Inc. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember McElhaney moved to approve Task Order No. 3 for 500 West Water Line Design by Horrocks Engineers Inc. Councilmember June 24, 2014 2014, APPROVED CLASS II BEER LICENSE FOR DEVRAN CENGIZ, APPROVED LOCAL CONSENT OF A FULL - SERVICE RESTAURANT LIQUOR LICENSE FOR DEVRAN'S APPROVED PRIVATE PROPERTY FOOD VENDOR LICENSE APPROVED FOR ROCK ON CLIMBING WALLS, LLC, SNO CONE BUSINESS, APPROVED TASK ORDER #14-01 WITH BOWEN COLLINS & ASSOCIATES, APPROVED TASK ORDER #14-02 WITH BOWEN COLLINS & ASSOCIATES, APPROVED TASK ORDER #345.01.100 WITH HANSEN, ALLEN & LUCE INC. APPROVED TASK ORDER #2 WITH HORROCKS ENGINEERS INC., APPROVED TASK ORDER #3 WITH HORROCKS ENGINEERS INC. APPROVED Page 3 of 4 7of17 Agenda Ershadi seconded the motion. The motion carried 4-0 aye. Under Mayor and Council Reports, Councilmember Stucki stated that he wanted to offer commendations to the City that a lot of forward thinking was being done on the future and projects. Mayor Sakrison stated that he would be attending a presentation on Friday at Utah State University at which City Staff would be speaking. Councilmember Ershadi stated that she had attended an affordable housing meeting and had been in touch with DEQ regarding free air monitoring equipment. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that she had been focusing on job recruitment and that staff had just completed the Recreation Director and City Engineer interview processes and that currently four career positions were open within the City. City Manager Metzler stated that she was exploring some code compliance issues being addressed by the City Attorney. City Manager Metzler then stated that staff had been working on the budget opening and that the approved budget had been submitted to the State Auditor successfully. Under Report on City/County Cooperation, Mayor Sakrison stated that there would be a joint city/county meeting in July. Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $395,616.39. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:55 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder June 24, 2014 MAYOR AND COUNCIL REPORTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Page 4 of 4 8of17 Agenda / AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 22/ 2014 / Agenda Item #: 6-1 r Title: Approval of a Class II Beer License for Douglas Allan Slauth, d.b.a. 7-Eleven #53615, Located at 220 North Main Street Fiscal Impact: All applicable fees have been paid by the applicant. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Douglas Allan Slauth "Y Off' M AB Background/Summary: This application is for a Class III Beer License, which entitles the licensee to sell beer in original containers on the licensed premises, for consumption off the premises, in accordance with the State of Utah Liquor Control Act and ordinances of the City of Moab. Staff has determined that a formal background check is not required for this type of license. The Police Chief has reviewed this application and has determined that the application is in order. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: "I move to approve item #6-1." Attachment(s): Application materials 9of17 Agenda DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB O CLASS I FEE: O CLASS II FEE: 0 PRIVATE CLUB CLASS III FEE: 0 CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: ,Q0I/64e...r /12/-4k�GQ vr/V HOME ADDRESS: p 4//i�e.,022Q4✓ Wel,/ e7 HOME PHO E 7, r/.� /,,g,2 ? Orr: fj/eBe,P g- SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER & STJ BUSINESS INFORMATION BUSINESS NAME: 7 - `G V ei T! J (45— SALES TAX ID -r- BUSINESS ADDRESS: e2.2.0 4/ /,74%./i/f,%.Sj' 0/A7�-+,Q (/7 d�5�-S`�a BUSINESS PHONE: y� �=35 BUSINESS MAILING ADDRESS: /aO BX (two 0 CITY: /o,114" i` CM" STATE: UT ZIP: (5.4/404( 8. WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE 1. ❑ CLASS I ❑ CLASS II Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. ❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. A CLASS III ❑ CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? NO ❑ YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: ,620D4,e/-YeA C 00/9 S'., / Lezp. 'Beer application is for 3.2% by weight only. Also requires a State license. 091 10 of 17 3. H ve you ever been convicted of any offense other than a minor traffic violation? A No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, II, Private Club and Class IV. Class Ill Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd _7 DATE OF INSPECTION APPROVED DISAPPROVED ❑ REASON: MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: 11 of 17 a) a RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND Z) Applicant's Signature o �3) kj A S /4k� , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this S day of , . --sr-, JENNIE ROSS r /f� �� Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 M Notary Public 12 of 17 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 22/ 2014 / / Agenda Item #: ]-1 / Title: Discussion Regarding the Sale of Water at the City of Moab Public Works Yard Fiscal Impact: Discussion only. No fiscal impact. Staff Presenter(s): Donna Metzler Department: Administration Applicant: NA [ 1 Background/Summary: Please see the attached staff memo for information about this discussion item. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Discussion only Recommended Motion: Discussion only Attachment(s): Staff memo 13 of 17 Agenda CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 Fax NUMBER (435) 259-41 35 To: Honorable Mayor and City Council From: Donna Metzler, City Manager Date: July 18, 2014 Subject: Water Sold at the Moab City Yard MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY HEILA ERSHADI DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI As requested by the City Council, we have been monitoring the purchase of water by water truck operators at the Moab City Public Works Yard. What we have seen is an exponential increase in the amount of water purchased, as well as an increase in the number of trucks coming into the city yard on a regular basis. Comparing 2013 to 2014, for the period of January to July, there has been a 220% increase in the amount of water purchased by trucking companies from the City of Moab. For Harrison trucking alone, there was a 126% increase in its June 2014 purchase from its June 2013 purchase. For the six month period from January through July (understanding that we bill for the previous month's usage), Harrison's Trucking has purchased an average of 898,710 per month. As a comparison, Dead Horse State Park has purchased an average of 64,606 per month for the same period. There has also been an increase in the number of companies purchasing water at the shop. Four new companies have begun purchasing water from the city yard, for a total of 15 commercial companies that have purchased water from the city yard in the last year. The number and frequency of trucks coming into the city yard has become a disruption to the operation of the yard. Companies have obtained unauthorized keys and key access for after -hour filling. We are in the process of changing the locks. City staff has surveyed nearby water filling facilities and have determined that the average rate is $4.10 per 1000 gallons, for a purchase of 20,000 gallons of water. The City's current rate is $2.24 per thousand gallons. Given the above described situation and information, city staff recommends that the City consider a several -pronged approach, with several actions to take place in the short term: 14 of 17 Agenda 1. Change the locks on the city yard gate and not allow key access to any commercial user. Haulers have already been notified of this change. 2. Raise the commercial shop water filling rate to $4.10 per thousand gallons. Keep the rate for governmental establishments at $2.24. This rate change would be effective August 1, 2014, and has been presented for your consideration at the July 22nd meeting. 3. Notify Grand Water and Sewer of the proposed change so that they can respond accordingly with a possible change in their water filling station rate structure and/or management of water haulers. Grand Water has been notified of the possibility that the City of Moab will raise its water hauler rate. 4. Work with BLM in locating and putting into operation a water filling station along the Colorado River, for commercial use. Such a station would not be the responsibility of the City of Moab. The Mayor has met with BLM representatives toward this end. 5. Consider weekly or monthly caps for commercial water haulers obtaining water from the city yard. A 100,000 to 200,000 gallon cap for commercial haulers would allow for normal local construction activities, but would likely not allow for use for intensive drilling operations. 6. Consider service contracts for commercial haulers that purchase over a certain amount of water per month. These contracts would specify caps, price, access, use restrictions, and other issues as needed. 7. Work with San Juan County in an attempt to have San Juan County haulers, or projects within San Juan County, served by San Juan County service providers rather than the City of Moab. A discussion regarding these options will help the City formulate a workable response to this issue. 15 of 17 Agenda r / AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 22/ 2014 / Agenda Item #: 7-2 fa Y Off' M AB Title: Approval of Proposed Resolution #32-2014 — A Resolution Adopting Revisions to the City of Moab Water Rate Structure Fiscal Impact: This rate increase will provide an approximate 83% increase in the amount collected for this service. The exact amount of the revenue increase will vary depending on how much water is sold. The amount of water sold may go down. Staff Presenter(s): Donna Metzler Department: Administration Applicant: NA Background/Summary: Proposed Resolution #32-2o14 calls for an 83% increase in the commercial water hauling rate charged at the Moab City Public Works yard. The governmental rate would stay at the current rate of $2.24 per thousand gallons, while the new commercial rate would increase to $4.10 per thousand gallons. This rate is the average of rates charge by surrounding water providers. More information is provided in the attached memo. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: "I move to approve item #7-2." Attachment(s): Staff memo 1 J 16of17 Agenda RESOLUTION # 32-2014 A RESOLUTION ADOPTING REVISIONS TO THE CITY OF MOAB WATER RATE STRUCTURE WHEREAS, the City of Moab provides a filling station at the City of Moab Public Works yard to provide for the purchase of water by water haulers; and WHEREAS, the current rate charged for such water is well below the average for the area; and WHEREAS, the current rate charged for such water is $2.24 per thousand gallons of water; and WHEREAS, the City of Moab has seen an increase in the number of commercial water haulers desiring to purchase water, as well as an increase in the amount of water purchased; and WHEREAS, the City of Moab desires to bring its commercial rates in accordance with area averages; NOW, THEREFORE BE IT RESOLVED, that the following revision to the water rate structure shall be adopted by the City of Moab: Public Works Yard Water Hauler Commercial Rate: $4.10 per thousand gallons Public Works Yard Water Hauler Governmental Rate: $2.24 per thousand gallons PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 22nd day of June, A.D., 2014. This ordinance shall take effect on August 1, 2014. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab Resolution #32-2014 July 22, 2014 17 of 17 Agenda