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MIN-CC-09-18-1979 to 06-26-1984
CITY COUNCIL September 18, 1979 1 A regular meeting of the Moab City Council was called to orde Regular meeting. by Mayor Harold Jacobs at 8:04 p.m. on the above date in the Council Chambers. Present were Councilmen Wiseman, McDougald and Tomsic. Also present were Administrator Koert, Attorney Coffman, Police Chief Dalton, Engineer Keogh, Secretary Honey cutt, and ten citizens. The minutes of the regular meeting of September 4 were Sept. 4 minutes appro- approved unanimously by motion from Councilman Wiseman, sec- ved. onded by Councilman Tomsic. The first issue on the agenda was final approval of Frank Hobbs' subdivision. Councilman Tomsic made the motion the Council give final approval on the Hobbs Subdivision with the stipulation the sidewalks be completed within a year, seconde by Councilman McDougald. Councilman Wiseman had some ques- tions concerning flooding in the area in regard to insurance and a drainage ditch from the subdivision that leads onto McCormick Boulevard. He also suggested a clause be added to the motion to include that Moab Irrigation Company be notifie that if they were negligent in their duties to take care of the ditch, the City would take legal action against them. It was the concenaus of the Council that this was not the respon Q sibility of Moab Irrigation, but the City. George Russell was present to ask who was responsible for putting in a side- walk in front of his house where Hobbs Drive runs. Councilma raJ W Wiseman suggested that Administrator Koert give a complete report to the City Council on the issue, with a possible reco mendation being made from there. There was no more discussio so the Mayor called for a vote, and the motion was approved unanimously. Approval of Hobbs Subd. Dave Eretzke was present to ask for final approval from the Approval of 5 lots of Council on five lots of his Arches Subdivision. The Council Eretzke's subdivision. looked over Plat A, Phase I, and Councilman McDougald made the motion to finally approve it. The motion was seconded by Councilman Tomsic, approved unanimously. Ordinance 02-79 was presented to the Council for adoption. Adoption of Ordinance The ordinance grants a building permit to Jim Huizingh with A2-79. some stipulations. Councilman Wiseman made the motion Ordin- ance 82-79 be adopted, seconded by Councilman Tomsic, a rove unanimously. (Ordinance follows) ORDINANCE i2-79 An Ordinance acknowledging the legality of the subdivision of the lot owned by Jim Huizingh, and permitting the issuance of a building permit with respect thereto. Be it Ordained by the City Council of the City of Moab, Count of Grand, State of Utah, in council session Tuesday, Septembe 18, 1979, that: Whereas, the petitioner Jim Huizingh has by deed of conveyanc succeeded to the title of the property described on Exhibit "A", and Whereas, the petitioner has diligently worked with the City Council for a period in excess of one year to remove certain questions as to the legality of the subdivision of his lot aforesaid, and has been unable to fully meet the criteria therefore,_ and Whereas, the City Council acknowledges the good faith efforts of the,petitioner and does not wish to subject him to undue hardship, but is agreeable to authorizing a building permit respecting the aforesaid property subject to certain under- standings, Be it Therefore ordained that the lot described on Exhibit "A' shall be accepted by the City of Moab as a lawfully subdivide lot, subject to these conditions precedent: (1) The City shall have no responsibility to provide culinary water, or sanitary sewer service to the lot set fort Ord. #2-,9 i Exhibit 4. 2 Ord. #2-79 & Exhibit A, cont'd. D. Peterson (Dept. of Contractors) comments on concrete problem. Addressograph/Grapho- type bid opening table Mill Creek Project. on Exhibit A. (2) The City shall have no responsibility to maintain access from any public thorpughfare to the aforesaid property. (3) The City -shall have no responsibility for insuring that municipal services, such as police, fire, ambulance, or any other service shall have access to said property. Be it further directed that a copy of this ordinance and the attached exhibit be recorder in the office of the Recorder of Grand County. Done this 18th day of September, 1979. /s/ Harold Jacobs, Mayor (SEAL) /s/ Judy L. Marshall, Recorder Exhibit "A" attached hereto and incorporated herein as a part hereof. EXHIBIT "A" TO ORDINANCE #2-79 Description of a Tract of Land in Section 1, T26S, R21E, SLB&M. Beginning at a corner which bears North 1974.0 feet and East 861.2 feet from the SW Corner, Section 1, T26S, R21E, SLUM, GRAND COUNTY, UTAH, and proceeding thence North 200.0 feet with the East line of the Robinson tract to a corner, thence East 224.7 feet to a corner (not set) at a fence line on the West line of the George Simons (Sam Taylor) tract, thence S 1 degree 14' W with said fence 202.6 feet to the North side of a lane, thence along said lane N 89 degrees 21' W 220.4 feet to the point of beginning and containing 1.03 acres, more or less. Bearings are based on the West line of Section 1 (N 0 degrees 02' W). This tract is subject to a 10 feet wide ditch easement along the entire East, West, and South boundaries. A 20 feet wide access easement is provided which lies South of and adjacent to the South line and extends West with an exist- ing -lane approximately 650 feet from the SE corner to an exist- ing lane. Don Peterson of the Department of Contractors, State of Utah, was in the audience and made some comments on the recent con- crete problem in Moab. He said he was in Moab meeting with some of the contractors and Larry Brundage on the problem. He stated that there were many cases of bad concrete in the state, and the chances that the replaced concrete would hold up would be 50/50. Mr. Peterson indicated he felt the main problem causing so much concrete to go bad was that river -run rocks were being used in concrete now as opposed to crushed rocks, which were used many years ago. He said the river rocks were of dif- ferent sizes, but because they were so smooth, they did not help to hold the concrete together. He said rock crushers had been outlawed 12 years ago due to environmental laws. Mr. Pet- erson said more competition in the area in the way of batch plants would tend to upgrade concrete quality. He suggested the City solicit companies to start batch plants in Moab. Councilman Wiseman asked in what form he would report on the actions of the Department of Contractors. Mr. Peterson said it would be in the form of a letter to Mr. Brundage. A bid opening was scheduled to take place, but only one sealed bid had been received. The bids were for the purchase of an Addressograph and Graphotype machines, both refurbished, for the City office. Councilman Tomsic made the motion the bid opening be tabled, seconded by Councilman McDougald, approved unanimously. Engineer Keogh reported on the Mill Creek Project, saying it was still on schedule. He said there was going to be some drainage that would be running through the City park until a ditch could be installed. Councilman McDougald directed a question to City employee Don Robinson in regard to the status of the wells, Number Status of wells. 11 in particular. Mr. Robinson said more water was being used than had been predicted, but that there was still enough water available. 3 Councilman Wiseman asked Administrator Koert about the sta Status of sewer, EPA. tus of the sewer, EPA, etc. Mayor Jacobs briefed Council- man Wiseman on the 201 Study and the recent pinpointing of infiltration. He said the two main problems were a lac of money and the infiltration. Councilman Wiseman asked the Council to consider the possi State/Senior Cit.. bldg. bility of the City renting office space in a building whic is proposed to be built where the present Senior Citizen's building is. The building would be mostly State, but in- clude the Senior Citizens as well. Councilman Tomsic sug- gested a talented local man to draw up the plans for the building and then having them approved by a licensed archi tect to save money. Counilman Wiseman asked that this top is be put on the agenda for discussion at the next meeting. A report on the annual Utah League of Cities and Towns con Utah League report. vention was also mentioned by Councilman Wiseman. His rep ort related some of the main points of the convention to 00 those City officials who were unable to attend. CD r{ Attorney Coffman brought to the Council's attention a copy Sheriffs' bill re: jail of a bill from the Sheriff's Department to the City for use. jail use. Mr. Coffman pointed out that most of these vio- lations.were State, and not City violations. It was sug- gested Sheriff Jim Nyland be contacted first to get the situation corrected, then possibly the County Commissioner-, if it was necessary to go higher up. There was a question on a bill to the City from Ron Auger Approval of the bills. for $1,250 for auditing services. These services are now on a bidding basis, and it was not certain if Mr. Auger was finishing up last fiscal year's audit, or starting the new year on the assumption he would,be doing it again. It was suggested this bill not be paid until it was discov- ered for sure what Mr. Auger was doing. Councilman Tomsic made the motion the bills be paid as presented with the exception of Mr. Auger's bill, and also to include the pay went of two bills in the Class C Road Fund-$12,621.50,tota The motion was seconded by,Councilman Wiseman, approved unanimously. At 10:06 p.m., Councilman McDougald made the motion the Adjtournment. meeting be adjourned, seconded by Councilman Tomsic, approved unanimously. ATTEST: reg K Recorder APPR ../' D : CITY COUNCIL October 2, 1979 s, Mayor The Moab City Council met for a regular meeting on the above date in the Council Chambers, Moab City Hall. The meeting was called to order at 8:02 p.m. by Mayor Harold Jacobs. Present were Councilmen Peterson, Tomsic, Barker, and Wiseman. Also present were Administrator Koert, Attor- ney Coffman, Police Chief,Dalton, Pel4ee-Gh4ef-Danes, En- gineer Keogh, Treasurer McLeod, Deputy Recorder Marshall] Deputy Treasurer Lynda Moore, and Secretary Honeycutt. Nineteen citizens were also in attendance. Councilman Tomsic asked that a change be made on Page 2, second -to -the -last paragraph of the September 18 minutes to show that it was Jim Nyland, and not Jim Madson, who would be contacted to get the Sheriffs Department bill cor- Regular meeting. Minutes corrected at approved. 4 rected.. Councilman Tomsic made the motion that with this change, the minutes of September 18 be approved, seconded by Councilman Peterson, approved unanimously. Public hearing re: City paying employees' ins. Susan Lowry not at mtg. Jim Smith, Comm. Cons., reports on I/I. A public hearing was held at this meeting to get citizen input on the topic of the City paying the insurance of the City employees' dependents. Three citizens expressed that they were in favor of the City paying this insurance. Bill Davis said the insurance would compensate for the difference in police salaries of Moab and Green River, since the policemen in Moab were getting paid less than those in Green River. Connie Caouette said it was a need- ed fringe benefit, and that he, personally, would not work for an employer who did not offer this benefit. Donna Brownell said this insurance would not affect her family personally since her family's insurance was paid by the County, but she felt strongly that the City should pay the insurance for their employees' dependents. Councilman Bar- ker emphasized that it should be called a fringe benefit and not a raise, since it was not money directly paid to the employees. Councilman Tomsic said she was not opposed to fringe benefits, but was opposed to the timing of the issue, since it was not included in the budget for this fiscal year. She said she would still prefer to give the employees a cash raise instead of paying the insurance. Councilman Peterson said he was in favor of the City pick- ing up the tab for the insurance. He stated he agreed with Councilman Tomsic's objections, but felt the City should not wait until next year for the insurance issue to be brought up. Councilman Peterson then made the motion that at this time, the City of Moab pay the cost of the insurance coverage for the dependents of City employees, seconded by Councilman Barker. Councilman Wiseman made the motion for an amendment to the motion that all single permanent employees get equal compensation in the form of an across-the-board increase, seconded by Councilman Tom - sic. Mayor Jacobs called for a vote on the motion for an amendment. Councilmen Wiseman and-Tomsic voted in favor, and Councilmen Barker and Peterson voted against the motion for an amendment._ Mayo Jacobs voted against the motion for an amendment to break the tie, and the motion for an amendment -to the motion did not pass, Mayor Jacobs then, called -for a vote on the original motion. Councilmen Bar- ker and -Peterson voted in favor of the motion; Councilmen Tomsic and Wiseman voted against the motion. Mayor Jac- obs voted in favor of the motion to break the tie, and the motion passed. Susan Lowry was next on the agenda in regard to a water hook-up, but she was not present at the meeting, so the Council went on to the next issue. Jim Smith of Community Consultants briefed the Council on the results of their Infiltration/Inflow Study. He passed out the written report of the study to the Council. Mr. Smith stated their autdies were done in the early morning hours, which was the least likely time for sewage to be running through the sewer lines. He said 400 thous- and gallons were found in the lines at this time, 90 per- cent of which they estimate to be infiltration and inflow. The bulk of this amount was inflow coming from nine bus,- iness establishments in town. Mr. Smith made some rec- ommendations for cutting down on the inflow into the sewer lines, as well as improving them. He recommended they be thoroughly cleaned. He also recommended the inflow from the major sources be reduced. These businesses were Miller's Shopping Center, with inflow of 60 thousand gal- lons, per day, the Ramada Inn with a total inflow of 85 thousand gallons, and the Apache Motel, with 65 thousand gallons of inflow per day. These three business estab- lishments comprise over half the inflow. Mr. Smith recom- mended that other sources be closely looked at so the City could determine"if it is cost efficient to get rid of the inflow from these individual businesses. He listed sev- eral, including the Helen M.Knight School, Travelodge Motel, Greenwell Motel, Westerner Grill, and Red's Foodtown. These businesses comprised a total of approximately 1,000 gallons of inflow daily. Mr. Smith said the next issue was for the City to decide on the cost efficientness of bringing in a contractor to get rid of the infiltration, a total of approximately 30 thousand gallons per day. He said this would be very expensive? and probably not worth it to get rid of only 30 thousand gallons. He recommende the City concentrate on getting rid of the inflow from the above business establishments. 5 Mayor Jacobs suggested the inflow be dumped into Pack Suggestions for getting Creek since it was clean water. The possibility of using rid of the inflow. it for irrigation was also mentioned. Councilman Wiseman suggested Dave Bretzke of the Grand County Water Conser- vancy District and Administrator Koert get together for a possible solution. Councilman Tomsic suggested before any decision is reached, the City should at least hear from the Water Conservancy District. There were some questions on the legality of dumping water into the creek An ordinance concerning dumping of clean water into the sewer lines (Sec. 26-61, page 216 of the Moab City Code Bood) is on record, but there is none concerning dumping clean water into the creek. Mayor Jacobs said the only people who would be overly concerned about the dumping of the water would be the Health Department, and he felt tha would be mostly if it were sewage being dumped into the creek, and not clean water. No motion was made for actio in the matter. M Administrator Koett said he and Engineer Keogh had inspec Russells' yard being ted the problem at the Russell residence near the Hobbs cut into.& eroding. Subdivision. The Russells' yard had been cut into in W building Hobbs Drive, and the Russells did not feel it was their obligation to upgrade the yard now to prevent erosion in the area that was cut back. Mr. Koert said the possibilities would be to plant grass or put rocks on the slope, or build a retaining wall to prevent erosio It was the concensus of the Council that the retaining wall would be the best solution. Councilman Wiseman made the motion that the City build a retaining wall of suffi- cient'strength for the Russells, seconded by Councilman Tomsic, approved unanimously. Councilman Wiseman asked if the City would be desirous of State/Senior Citizens moving their offices into the State/Senior Citizens buil- bldg. for possible ding that is proposed to be built. There was some dis- renting. cussion regarding bonding. Councilman Barker felt that the possibility of owning as opposed to renting office space should also be considered. She also said that Coun cilman Wiseman should relay the message that the City Council was in support of the construction of this build- ing. Police Chief Dalton asked if the City Council would adjou n Chief Dalton requests the regular meeting into an executive session because he executive session. wanted to talk to them about a police officer. The Coun- cil say they would. Engineer Keogh stated he had a request from the County to Keogh requests ease - the City for an easement near Canyonlands Subdivision. ment for County. He requested the granting of the easement, which is east of the McDougald property, to the County in order to fac- ilitate a connecting road between Canyonlands Subdivision and the Cedar Hills area. Councilman Tomsic made the motion the City grant the easement to the County, the legal description of which 1s 66 feet by approximately 1-mile long, bound in the west boundary of Canyonlands Subdivision, north of Murphy Lane and south of Cedar Hi11 Councilman Wiseman seconded the motion, approved unani- mous) . Attorney Coffman said he would have some more ordinances Ordinance re: private ready at the next meeting. Councilman Peterson asked lots (City Market). about the status of the ordinance for private lots (City Market). The Mayor said he had talked to Mike McCoy about it, and several other cities had also made inquir- ies to Mr. McCoy in regard to the same problem. The Mayor said he was told they were working on a solution, but to back off on -At a little for now. Some suggestions were mentioned for cutting down on the parking in the lot late at night such as fencing it off and shutting the gat 6 Young people buying liquor, Check from Utah League for community progress. Dep. Treas. grade chng. Addressograph/Grapho- type bid selected. Possible resurfacing of tennis courts. City endorses County's action of taking over polygraph machine. Planning Comm. meeting re: Utex Subdivision. Adm. Koert made Recor- der w/salary increase. Randy Spencer asked what could be done about all the under- age people in Moab who attempt to buy liquor at the local food stores. The ylayor said the City was planning to get together with several of the store managers to discuss the problem and possible solutions. Councilman Barker suggested a check to Moab City for $300 from the Utah League of Cities and Towns for community progress performance for the period 1976-1978 be presen- ted to the chairman of the Economic Development Board rather than just be given to Community Development. There were no objections to the suggestion. Councilman Barker left the meeting at this time on doctor's orders, 10 p.m. Administrator Koert recognized City employee Lynda Moore, and told the Council her job as Deputy Treasurer would go from a Grade 8-1 to a Grade 10-1. Mr. Koert said the City had received the other bid for the refurbished Model 1900 Addressograph and Model 6300 Graphotype machines, and a decision could be made. Ad- dressograph/Multigraph International submitted a bid of $2,295 for each machine plus $150 for shipping. Inter - west Business Equipment submitted a bid of $1,250 for the Graphotype machine and $1,750 for the Addressograph machine. Councilman Wiseman made the motion the City, accept the lower bid of Interwest Business Equipment, a total of $3,000, seconded by Councilman Tomsic, approved unanimously. Administrator Koert asked if something could be done about the condition of the present tennis courts, even though new ones were planned for in the budget. He said he had talked to Bill Meador of the school district who said if the City resurfaced the courts, they would also be respon- sible for maintaining them. He said Mr. Meador also knew a tennis court expert in Salt Lake City who could come down to offer an opinion on the resurfacing of the courts. Councilman-Tomsic said she was in favor of having a pro- fessional offering an opinion before any action is taken. She also suggested it be turned over to the Recreation Board, and seeing if other funds could be obtained other than just City funds, such as County or school district funds. Councilman Tomsic made the motion that the tennis court professional be brought down from Salt Lake City to check over the courts to see if it would, be feasible to improve them, seconded by Councilman Wiseman, approved unanimously. Councilman Wiseman said the City Council should go on record as stating the City heartily endorses Grand County's action of initiating a polygraph machine application and sending a man to the training school. He said there should also be a follow-up letter to this effect, and made a motion that the City write a letter to the County stating the City endorses their action of taking it over. The motion was seconded by Councilman Tomsic, approved unanimously. Councilman Wiseman also responded to recent Planning Com- mission minutes regarding a request for rezoning of area in the Utex Subdivision. The Planning Commission had tabled the matter until the Utex Subdivision Protective Covenants could be read and an accurate legal description be obtained of the property requested to be rezoned from residential to commercial zone. Councilman Wiseman rec- ommended that Administrator Koert pass along to the Plan- ning Commission the information that in the past, the City Council had made the mistake of overriding the Pro- tective Covenants in allowing Jim Sarten to put his bus- iness there. Councilman Peterson made a motion in the regular meeting in view of discussion that had taken place in the execu- tive meeting beforehand regarding the position of Recorder. He made the motion stating that Greg Koert be appointed to the position of City Administrator/Recorder until the time when a separate position can be set up, and in- creasing his salary to $18,000 per year. The motion also included he be sworn in immediately with the salary raise effective October 1, 1979. The motion was seconded by Councilman Tomsic, approved udanimous1y, 7 Mayor Jacobs brought up the possibility of instating into Neighborhood Watch the area a Neighborhood Watch Program. He said he was Program. concerned with the amount of crime and vandalism taking place and wondered if Moab might organize this project, which would take place in Price and Monticello, as well. He said a man would come down from Price regarding the program at no cost. Police Chief Dalton warned the Coun- cil of some of the problems that might be incurred with the instating of the program. With this program, they had had some drawbacks in the past, but he was still in- terested in getting together and discussing the possibil- ities of the program. He said some of the drawbacks were that neighbors got shakey and sometimes turned against each other. Mayor Jacobs also asked that a $1,846 fund notification Fund notification to be for low-income people be sent in to Grand County where it administered by County. would be administered. After looking over the list of bills for approval, Attor- Approval of bills. ney Coffman pointed out that a bill from Robert O. Murray C'7 M.D., was for a prisoner being tried on a State offense, Q and not City, so this bill should be presented to the rl County. Councilman Tomsic made the motion the bills be approved for payment with the exception of the bill from GO Dr. Murray for $30.50, which should be returned to the County, seconded by Councilman Peterson, approved unani- mously. Mayor Jacobs made the motion the Council adjourn to execu Adjournment. tive session at 10:55 p.m. APPD: Harold ATTEST: f Greg �• t, Recorder CITY COUNCIL October 16, 1979 s, Mayor A regular meeting of the Moab City Council was held on th Regular meeting. above date in the City Council Chambers, Moab City Hall. The meeting was called to order at 8 p.m. by Mayor Harold Jacobs. Present were Councilmen Wiseman, Barker, Peterso , Tousle, and McDougald. Also present were Administrator Koert, Attorney Coffman, Engineer Keogh, Treasurer McLeod, and Secretary Honeycutt. Seventeen citizens were also present. Mayor Jacobs asked for any corrections to be made to the Minutes corrected and minutes of October 2, 1979. The following corrections approved. were made: Councilman Tomsic said one of the speakers who spoke in favor of the City paying their employees' dependents' insurance was not Cheryl Nyland, but Donna Brownell, who said it did not affect her family personall since their insurance was paid by the County. Councilman Barker said'the third paragraph of Page 1 should be changed to reflect that her comment that the insurance payment would not be a fringe benefit was because money was not being paid directly to the employees. Councilman Barker also said that another correction should be made to the same paragraph to show that Councilman Wiseman mad a motion to amend the previous motion, and that it was not just an amendment to the motion. On Page 3, Paragrap 6, Councilman Barker added a -clarification to the first sentence to state the check would be presented to the chairman of the Economic Development Board "rather than just be given to Community Development." Councilman Wise man -said Page 4, Paragraph 2, should be changed from " "Councilman Wiseman said the City Council should go on 8 Westerner Grill parking problem. Rotary Club renovation of Southeast City Park. Funding for FLUF Comm. record as stating the City heartily endorses Grand County's action of taking over the polygraph machine application ..." to "the City heartily endorses Grand County's action of initiating a polygraph machine application ..." With the above corrections, Councilman Wiseman made the motion the minutes of October 2 be approved, seconded by Councilman Barker, approved unanimously. Dorothy Mizener was present in regard to the parking problem near the Westerner Grill. She said there are still semi -trucks that park in the red areas there without being ticketed, and they obstruct the view as a person is pulling out onto the street from Sog Shafer's trailer court across the street from the restaurant. Another per- son who lives in the trailer court protested against the parking, and said she didn't want to put her baby's life in danger everytime she had to pull out with the trucks obstructing the view. Mrs. Mizener said two weeks before, she had called the Police Department to have them come to ticket one of the trucks. She said the officer on duty was reluctant to give a ticket to the driver of the truck, saying it would do no good. Mayor Jacobs said he was going to Price the following day and would try to stop in at the State office to talk to them about the prob- lem, as well as talk to the Police Department to find out who the officer on duty was. Councilman Wiseman said Administrator Koert should also talk to Chief Dalton. Mr. Koert said that he had been down to the Police Depart- ment and was aware that Chief Dalton was having his offi- cers enforce the parking law, because he had seen some notes attached to the officers' boxes stating "Enforce parking laws at Westerner Grill!" Two members of the Rotary Club, Lloyd Pearson, President, and Steve Cummings, Vice President, were present to request from the Council permission to proceed with plans for renovation of the Southeast City Park, just off of Mill Creek Drive near the Southeast Elementary School. Mr. Pearson said when the Rotary Club first got the idea to do somthing to the park, they had thought about the possibility of putting in a skateboard path and some tennis courts. They later decided to put in picnic tables and grills, instead. He said they planned to gravel the entrance road, put in a packing area, and level an area for ballplaying and frisbee throwing. He said they were planning to put in some playground equip- ment for small children and hoped that Howard Balsley's historic cabin could be placed somewhere in the park. Mr. Pearson briefed the Council on some of the things planned for the park in addition to those listed above, including the installation of restroom facilities. Mayor Jacobs said there was no sewer line running through the park, and they would probably have to use a septic tank for awhile. There were some questions raised by the Council about the safety of the Balsley cabin if it were moved to the park. The Council was concerned about possible vandalism to the cabin. Mr. Pearson said the plans for moving the cabin to the park were not definite, and it was just a suggested possibility. Councilman Wiseman made the motion the Council indicate approval for reno- vation of the Southeast City Park as suggested by the Rotary Club, seconded by Councilman Barker. Councilman Barker suggested the possibility that one of the tennis courts planned for in the City budget be built at this park. Mayor Jacobs said he would like to see the restroom facilities as one of the first things planned for, even though the septic tank may have to be used for awhile. Mr. Commings said the Rotary Club planned to make the restroom facilities very sturdy to deter vandalism, saying cement would probably be used as much as possible. Mayor Jacobs called for a vote on the motion, and it was approved unanimously. The men said the Rotary Club would start on the park improvements right after hunting season. Marilyn Cooper represented the FLUF (Fight Local Utili- ties Faction) Committee and told the Council the Committee was attempting to get fundinb for senior citizens whose gas bills last winter had amounted to a major portion of their total income. She said they were still attempting to have an audit done of Utah Gas Service's books for the first quarter of 1979. She requested the City Council write a letter to Millie Bernard saying the,FLUF Commit- tee had harrassed the Council to the point where they found it necessary to request an independent audit to keep the Committee from continually bothering -them. Councilman Barker said the letter should be in more of a positive tone, saying the FLUF Committee has worked hard and done many things for the community, and that the audit should be done on this basis, and not just to get the Committee off the Council's back. Councilman Barker put this in the form of a motion, and included that the letter be written -by Attorney Coffman, rather than the Council. The motion was seconded by Councilman Tomsic, approved unanimously. Mrs. Cooper asked if the ,Council would consider donating money to the FLUF Committee as a sort of refund for phone and gas and motel bills that had been paid for out of their own pockets during trips to Salt Lake City to protest Utah Gas Service increases. Councilman Barker said there was $300 coming to the Eco- nomic Development Committee that'could probably be dona- ted to the FLUF Committee for this purpose. Attorney Coffman suggested the Committee also go to the Council on Aging for funding, since the IMF Committee would be working to help the senior citizens with their gas bills. 9 M Administrator Koert opened the two sealed bids received Bids on police car. O for the purchase of a new police car. The two bids were rl Peterson Ford bidding $6,743.00, and Mahoney Cheverolet- C.i Pontiac bidding $6,675.00. Councilman'Wiseman made the W motion the Council accept the bid of Mahoney Chevrolet - Pontiac on the basis that the specifications were the same, seconded by Councilman Tomsic, a..roved unanimousl The Mayor said in the past, the City had had a lot of trouble keeping the Chevrolet front ends in alignment, and strongly suggested this motion be on the stipulation that Mahoney keep the front end aligned for a certain length of time, or amount of miles, i.e. 15,000 miles. Dr. Hoffman of the Spanish Valley Veterinary Clinic was Dr. Hoffman offers sug- present to offer suggestions to the Council on the pro- gestions for cat ordin. posed cat ordinance. He said in the past, the Animal Control Officer had been bringing stray cats to him with- out any ordinance on the books, and without an agreement between him and the -City. He said the proposed ordinance should include a fee where cat owners would be charged for negligence as dog owners are. There was quite a bit of discussion on the differences of dogs and cats and what was considered to be stray. In conclusion, Dr. Hoff man said the main things he would like to see in the cat ordinance are a limit on the number of cats per household and a holding permit for cats. Susan Lowry came before the Council to request the City Request to lift W/S hook' lift the moratorium they had established some time ago on up moratorium. water and sewer hook-up fees for County residents who wished to be hooked up to City water. She said some of her neighbors who were in the County had been hooked up to the City, and she wanted to be also. Mrs. Lowry said she and her husband did not want to be annexed into the City because Larry Brundage told her they would not be able to obtain a building permit because of flood zone. Administrator Koert said he had talked to Mr. Brundage about the problem, and that he would be willing to have the area rezoned to RA-1 and allow them a building permit if it were zoned to this and they were annexed into the - City. Mrs. Lowry stated that if they were not hooked up to City water, they would have -to dig a very deep well (125-150 feet), and this would be expensive. Councilman Peterson felt the moratorium should not be lifted, but that Mrs. Lowry apply for annexation,into the City with a zone change to BA-1 so the building permit could be issued. He said this rezoning shouldrbe'worked out with Alice Hiatt as well, since she was issued a building per- mit by Mr. Brundage without his --knowledge that she had been annexed into the City. Councilman Barker made the motion the Council turn down the request for the lifting of the water and sewer moratorium, and'that`Mrs. Lowry look into the annexation possibility and related zoning requirements instead, seconded by Councilman Peterson, approved unanimously. 10 City to pay vehicle mileage. Mill Creek Project soon completed. Subd. agreements & plats signed off -Hobbs & Eretzke. C. Barker leaves mtg. Purchase of Robertson Well. Judges of Election approved Salary adjustments. Hiring of auditor to explain HE 303. Fred Stoye/grading of A-1 Storage lot. Policy manual change re: ins. payment. Steve Olschewski prop- erty. Engineer Keogh requested the -City pay the mileage for his department vehicles when they go out on City business. A cost per mile was dkgcugsed, Councilman Wiseman made the motion the City Council dictate that the City pay 18 cents per mile for=all cars on official duty, seconded by Coun- cilman McDougald, approved, unanimously. Engineer Keogh also informed the Council that the Mill Creek Drive Project would-be almost completed that week. Attorney Coffman had the subdivision agreements and final plats for Dave Eretzke and Frank Hobbs ready for signature by the Mayor and City Administrator, who signed them at that time. Councilman Barker left the meeting at this time, 10:05 p.m. Attorney Coffman informed the Council that Redd & Stocks Investments, Incorporated, had purchased one -sixth of the Robertson Well and the rights to the Chapman Well for their proposed Salana Valejo condominium project. The City had previously made an offer of $25,000 to Ron Robert- son for.the other one-third of the Robertson Well they did not own because of the increasing need for water for the City. Mayor Jacobs said he felt the City should get as much of the Robertson Well as possible. Other sources for water were also discussed, as well as operating costa, including the George White Well. Councilman Tomsic made the motion the City offer $12,500 for Redd & Stocks' one - sixth of the Robertson Well, seconded by Councilman Wise- man, approved unanimously. Administrator Koert asked for approval of the Judges of Election for the upcoming City Council election November 6. The Council had been supplied with a list of those persons agreeing to be counters and receivers for the election. Councilman Wiseman made the motion the City Council accept those listed for Judges of Election at the November 6 City Council election, seconded by Councilman Peterson, approved unanimously. A public hearing was scheduled for this meeting for the purpose of salary adjustments for the City Treasurer and Police Chief. There was no public opposition to the changes. Councilman Tomsic made the motion the City Coun- cil adjust -the salary of Treasurer from $879 to $1,012 per month, and the salary of Police Chief from $1,261 to $1,324 per month, seconded by Councilman Wiseman, approved unanimously. Administrator Koert also mentioned House Bill 303, a muni- cipal budget limitation bill. The bill would use a formu- la for computing municipal budgets based on population. Mr. Koert said Moab City had the option of going along with some of the other towns in the state to hire an aud- itor to come down to explain this bill and how the City would be affected by it. The cost would be between $700 and $1,100. Mr. Koert said Ron Auger, our present auditor, would be able to explain it just as well for a lot less cost. It was the consensus of the Council not to hire the other auditor for this purpose. Councilman Peterson wondered why Fred Stoye was open for business at his downtown A-1 Storage buildings when the grading of the parking lot had not yet been done. Admin- istrator Koert said that Fred Stoye would be going to the Board of Adjustments the following week concerning the problem, and that this should be resolved at that time. Councilman Tomsic said that now that the City was paying the insurance for the dependents of the City employees, the policy manual would have to be changed to reflect this. She also mentioned the Steve Olschewski property, which had hay and -bricks stacked -in front of it near the side- walk, as well as vehicles parked the wrong way. She said they had had problems in the past with this property, and it was requested that Administrator Koert talk to the Pol- ice Department -about getting the stuff cleared away, or having Mr. Olschewski ticketed. Mr. J. J. Wang of the Apache Motel had been in to see the 1 1 Mayor and City Administrator several times the previous Request for tree trim - week in regard to having the City trim a tree at the in- ming J, J, Wang. tersection of Main and First North where he had had an Apache Motel sign erected. The Council felt that since the tree had been there before the sign was erected, and because of the beauty of the tree, they request should be denied. Mayor Jacobs said when Bud Stocks was City Administrator, Increased ins. cover - he attended an insurance seminar in St. George. After age for Jan. 1980. attending the seminar, he felt -the City's insurance cov- erage should be increased. The Mayor talked to Ron Davis at Central Utah Insurance Agency, who suggested the Coun- cil let the issue go until the renewal time of the insur- ance, January 1980. Mayor Jacobs had a sheet listing the proposed insurance coverage increases, which he requested Secretary Honeycutt to make copies of for the Council and Attorney Coffman. Councilman Tomsic also read it aloud. The Council questioned Mr. Keogh on the bill he submitted Approval of the bills. to the City in regard to Class C roadwork. He said it did include some Class C roadwork, although there was als some listed under the Class C portion of the bills. The Council suggested that Mr. Keogh's bill be separated and the Class C part be put under this section. Councilman Tomsic questioned the payment of Ron Auger's bill since t...1 the audit had not yet been completed. She made the motio U the bills be approved for payment with the exception of W Mr. Auger's bill and a transfer of the amount of Class C roadwork in Mr. Keogh's bill to come out of the Class C fund, seconded by Councilman Wiseman, a..roved unanimousl Before the Council adjourned to executive session, Don Robinson commented on the procedure for hiring a Utili- ties Superintendent. He said according to Page 8, Sectio 10, Paragraph B of the Personnel Policy Manual, the prope things had not been done in the procedure for hiring. After a short discussion, the Mayor adjourned the meeting to executive session at 11:25 p.m. APPR Harold Ja. s, Mayor ATTEST: reg ;er?, Recorder CITY COUNCIL Public Hearing on Proposed Ordinances October 23, 1979 Discussion of hiring procedure & adjournment A public hearing was held on the above date to get citize Public hearing. input on eight ordinances being proposed for adoption. Present were Councilmen Tomsic, Peterson, and McDougald. Also present were Administrator Koert, Attorney Coffman, Inspector Brundage, Secretary Honeycutt, and Mayor Jacobs, who called the meeting to order at 8:05 p.m. Eighteen cit izens were also present. Attorney Coffman began with a review of the cat ordinance Cat ord. discussion but the veterinarian, Dr. Hoffman, had not yet arrived, s. postponed. this discussion was postponed until his arrival. The first ordinance discussed was Ordinance #3-79, an am- endment to change one of the definitions in Moab City Cod Section 4-9. This definition pertains to the word "Owner' and defines harboring. This ordinance came about because the Animal Control Officer ran into problems with people refusing tickets, saying the animals were not theirs, and that they were just looking after them while friends or neighbors were away. Councilman McDougald made the motio Ordinance #3-79 be approved as read, seconded by Council- man Peterson, approved unanimously by voice vote. (Ordin- ance follows.) Ord. #3-79. 12 ORDINANCE #3-79 AN AMENDMENT TO CHANGE ONE OF THE DEFINITIONS CONTAINED IN MOAB CITY CODE SECTION 4-9. Ord. #4-79. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: That the definition pertaining to Owner in the Moab City Code Section 4-9 be changed to read as follows: Owner. Any person, partnership or corpora- tion owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for five consecutive days or more. This amendment shall take effect on the 23rd day of October, 1979. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Gregory B. Koert, City Recorder Ordinance #4-79 is an ordinance adopting the Rules of the Road 1978 - Traffic Code, as amended, providing for the regulation of the public streets and establishing penalties for violations. Attorney Coffman said the City had been essentially operating under these provi- sions, which are under the State Code, but the adoption of this ordinance would make the City Code conform to that of the State. Councilman Peterson made the motion Ordinance #4-79 be adopted, seconded by Councilman McDougald, approved unanimously by voice vote. (Ordin- ance follows) ORDINANCE 114-79 AN ORDINANCE ADOPTING THE RULES OF THE ROAD 1978 - TRAFFIC CODE, AS AMENDED, PROVIDING FOR THE REG- ULATION OF THE PUBLIC STREETS AND ESTABLISHING PENAL- TIES FOR VIOLATIONS. Be it ordained by the City Council of Moab: Section 1. TRAFFIC CODE ADOPTED. A. The Utah Traffic Code - Rules of the Road 1978, as compiled, prepared and published as a code in book form by the Utah Department of Public Safety and the Utah League of Cities and Towns, three copies of which have been filed for use and examination by the pub- lic in the office of the recorder, is hereby approved and adopted as the traffic code for this municipality. The 1979 amendments to Chapter 6, Title 41, Utah Code Annotated, 1953 as enacted by Senate Bill 41 by the 1979 Utah Legislature are hereby adopted and incorporated into this ordinance: B. Unless the context requires otherwise, all references in the Utah Traffic Code - Rules of the Road, 1978 to: (1) "The State Road Commission" shall mean this city and its officers, departments, agencies and agents. (2) "Local authorities" shall mean the City Council of this municipality. ,(3) "The Department of Public Safety of the State of Utah" shall mean the chief of police of this city or his agent. (4) "Magistrate" shall mean the justice of the peace or judge of this city. Section 2. CITATION TO CODE. Where a cita- tion or complaint is issued, it shall be sufficient to use the number of the Utah Code followed by "the ordin- ances of Moab" to show the section of -the ordinance of the city which has been violated. Section 3. PRIMA FACIE SPEED - POSTED STREETS. 13 A. When appropriate traffic control or regula- tory signs giving notice of speeds are posted, the prima facie maximum speed limits designated upon said signs shall'apply to the appropriate streets or portions of streets so posted. 8. In the absence of any speed limit sign des- ignating a speed limit applicable thereto, the prima facie speed limit shall be 30 miles per hour. Section 4. TRAFFIC CONTROL. The traffic con- trol and regulation of all public streets shall be as posted, regulated or controlled by appropriate traffic control devices, signs or other regulatory devices or con trols. Section 5. UNLAWFUL PARKING. A. Parking at Curb. No motor vehicle shall be parked with the left side of the vehicle next to the curb except on one way streets. It shall be unlawful to stand or park any motor vehicle in a street other than parallel with the curb and with the two right wheels of the vehicl within 12 inches of the regularly -established curb line except on those streets which have been marked for angle parking; then vehicles shall be parked at the angle to th curb indicated by such marks. GO B. Vehicles for Sale. It shall be unlawful to park any vehicle on any street for the purpose of display ing it for sale, or to park any vehicle from which mer- chandise is peddled on any business street. C. Loading Zone. When so posted, it shall be unlawful for the driver of a passenger vehicle to stand o park such vehicle for a period of time longer than is per mitted by the posted sign for the loading or unloading of passengers, or for the driver to stand or park any freigh carrying motor vehicle for a period of time longer than i necessary to load, unload and deliver materials in any place designated as a loading zone and marked as such. D. Parking Prohibited. It shall be unlawful for any person, except physicians on emergency calls or designated emergency vehicles when properly posted, to park any motor vehicle on any street in violation of the posted restrictions. E. Alleys. No person shall park a motor vehic e within an alley in such manner or under such conditions a. to leave less than ten feet of the width of the roadway available for the free movement of vehicular traffic. No person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrant to any abutting property. F. Cab Stands - Bus Stands. No motor vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a taxicab stand and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone. G. Parking Prohibited. It shall be an infrac- tion for any person to park or leave standing on any pub- lic road, street, alley or municipal property any motor vehicle for 48 or more consecutive hours, and any vehicle so parked or left standing may be impounded or removed by the chief of police. For purposes of impoundment and re- moval, the chief of police may after making a reasonable effort to locate the owner impound and -removs any'motor vehicle which has been unmoved for 48 consecutive hours. The coat of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. Section 6. STOP AND YIELD INTERSECTIONS. When appropriate traffic control or regulatory signs are poste at entrances to intersections identifying them as stop or 14 yield entrances, such streets are hereby declared to be stop entrances as designated by the signs. Ord. #5-79. Section 7. PARKING OR BLOCKING STREETS OR HIGH- WAYS. In addition to the parking provisions contained in the Utah Traffic Code, as adopted by this municipality, it shall be unlawful for any person to: A. Remain standing, laying or sitting on any street or highway in such a manner as to obstruct the free passage of vehicular or pedestrian traffic thereon. B. Willfully remain standing, laying or sitting on any street or highway in such manner for more than one minute after being requested to move by any police officer. C. Willfully remain on such street or highway in such manner as to obstruct the free passage of any per- son or vehicle into or out of any property abutting upon the street or highway or any property having access to such street or highway. Section 8. PENALTIES. Any person violating, causing or permitting a violation of any provision of this ordinance or the provisions adopted or incorporated by reference shall be guilty of a misdemeanor and shall be punished by a fine of not more than $299.00 or by a jail sentence not to exceed six months, or by both. Section 9. SEVERAEILITY. The provisions of this ordinance and the provisions adopted or incorporated by reference are severable. Section 10. REPEALER. The provisions of other ordinances in conflict with this ordinance and the provi- sions adopted or incorporated by reference are hereby repealed. Section 11. EFFECTIVE DATE. This ordinance shall take effect on the 23rd day of October, 1979. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Gregory E. Koert City Recorder The next ordinance in line for discussion was Ordinance 115-79, an ordinance amending Chapter 17, Moab City Code, 1965 as amended, relating to the offense of possessing marijuana. In the past, this has been a State ordinance, but with approval of this ordinance, Moab City would col- lect 50 percent of the revenues from conviction of persons breaking this law. The first draft of the ordinance stated that persona violating Subsection (2)(a) of Section 17- 22.1, on conviction, be fined not more than $299 or impri- soned in the county jail for not more than six months, or both. Since Moab City would possibly become liable to pay for jail time and court costs of anyone convicted, it was suggested the rest of the sentence be deleted after "fined not more than $299." Councilman Tomsic made the motion Ordinance #5-79 be approved with this deletion, sec- onded by Councilman Peterson, approved unanimously by voice vote. (Ordinance follows) ORDINANCE #5-79 AN ORDINANCE AMENDING CHAPTER 17 MOAB CITY CODE, 1965 AS AMENDED, RELATING TO THE OFFENSE OF POSSESSING MARIJUANA. BE IT'ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAE, UTAH: THAT Section 17-22.1 of the Ordinance of Moab City 1965, as amended, relating to the offense of posses- sion of marijuana, be, and the same is, hereby enacted by the addition of the following: 17-22.1 It shall be unlawful for any person knowingly and intentionally to use, to possess, or to be present where marijuana is being used or pos- sessed and the use or possession is open, obvi- ous, apparent, and not concealed from those pre ent. No person shall be convicted under this section if the evidence shows that he did not possess or use the substance himself or advise, encourage, or assist anyone else to do so. Any person who violates subsection (2)(a) of this section shall, on conviction, be fined not more than $299. Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah thi 23rd day of October, 1979. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Gregory B. Koert City Recorder Ordinance #6-79 is an ordinance for the adoption of the Ord. #6-79 Uniform Building Code and Uniform Building Code Standards 1979 edition. Councilman Tomsic made the motion Ordinanc #6-79 be approved, with the current building permit fee schedule being retained, seconded by`Councilman McDougald 0 approved unanimously by voice vote. (Ordinance follows) r-1 La ORDINANCE #6-79 G.4 AN ORDINANCE FOR THE ADOPTION OF THE UNIFORM BUILDING CQD. AND UNIFORM BUILDING CODE STANDARDS, 1979 EDITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: An ordinance of the City of Moab regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equip ment, use, height, area, and maintenance of all buildings and/or structures in the City of Moab;.providing for the issuance of permits and collection of fees therefor; pro- viding penalties for the violation thereof; repealing Ordinance #1-76 of the City of Moab and all other ordin- ances and parts of the ordinances in conflict therewith. THE CITY COUNCIL OF THE CITY OF MOAB, UTAH, DOES ORDAIN AS FOLLOWS: SECTION I That certain documents, three (3) copies of which are on file in the Office of the Recorder of the Cit of Moab, being marked and designated as "Uniform Building Code" (and "Uniform Building Code Appendix"), 1979 edition and the "Uniform Building Code Standards", 1979 edition, published by the International Conference of Building Offi cials, be and the same is hereby adopted as the Code of the City of Moab for regulating the erection, construction enlargement, alteration, repair,'moving, removal, demoli- tion, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in the City of Moab providing for issuance of permits and collec- tion of fees therefor; providing -penalties for violation of such code; and each and all of the regulations, pro- visions, penalties, conditions and terms of such "Uniform Building Code", 1979 edition, and the "Uniform Building Code Standards", 1979 edition, published by the Interna- tional Conference of Building Officials, on file in the Office of the City of Moab are hereby referred to, adopted and made a part hereof as if fully set out in this ordin.e ance. Section 304, Table 3.A setting forth fees are speci fically excluded from this enactment and this ordinance reaffirms the fee schedule established by Ordinance #19-77 passed by this governing body on the 4th day of October, 1977. 15 16 SECTION II Ord. #7-79. _ That Ordinance #1-76 of the City of Moab entit- led An Ordinance Amending Chapter 5, Moab City Code 1965, asAmended, pertaining to Section 5-1, Building Code in which the "Uniform Building Code", 1973 edition was adop- ted, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III That the Moab City Recorder shall certify to the adoption of this ordinance and cause the same to be published. SECTION IV That if any section, subsection„ sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Moab hereby declares that it would have passed this ordinance, and each section, sub- section, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, senten- ces, clauses and phrases be declared unconstitutional. SECTION V That this ordinance shall be and is hereby declared to be in full force and effect upon its passage and publication according to law. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) Gregory B. Roert, City Recorder Ordinance #7-79 is an ordinance for the adoption of the Uniform Mechanical Code and Uniform Mechanical Code Standards, 1979 edition. The same building permit fee schedule applies as with Ordinance 1i6-79. Councilman McDougald made the motion Ordinance 117-79 be approved, with the retention of the current building permit fee schedule, seconded by Councilman Tomsic, approved unan- imously by voice vote. (Ordinance follows) ORDINANCE #7-79 AN ORDINANCE FOR THE ADOPTION OF THE UNIFORM MECHANICAL CODE AND UNIFORM MECHANICAL CODE STANDARDS, 1979 EDITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: An ordinance of the City of Moab providing min- imum standards to safeguard life or limb, health, prop- erty and public welfare by regulating and, controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat -producing appliances within this jurisdiction; providing for the issuance of permits and collection of fees therefore; providing penalties for the violation thereof. THE CITY COUNCIL OF THE CITY OF MOAB, UTAH, DOES ORDAIN AS FOLLOWS: SECTION I That certain documents, three (3) copies of which are on file in the Office of the Recorder of the City of Moab, being marked and designated as "Uniform Mechanical Code" (and "Uniform Mechanical Code Appendix"), 1979 edi- tion, published by the International Conference of Building Officials, be and the same is hereby adopted as the code of the City of Moab for regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat -producing appliances within this jurisdiction, providing for issuance of permits and collection of fees therefor; providing penalties for vio- lation of such code; and each and all of the regulations, provisions, penalties; conditions and terms of such "Uni- form Mechanical Code", 1979 edition, and the "Uniform Mechanical Code Standards", 1979 edition, published by th International Conference of Building Officials, on file i the Office of the City of Moab are hereby referred to, adopted and made a part hereof as if fully set out in thi ordinance. Section 304, Table 3.A setting forth fees are specifically excluded from this enactment and this ordin- ance reaffirms the fee schedule established by Ordinance #19-77 passed by this governing body on the 4th day of October, 1977. SECTION II That the Moab City Recorder shall certify to the adoption of this ordinance and cause the same to b published. SECTION III M That if any section, subsection, sentence r-1 clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affe.t the validity of the remaining portions of this ordinance. The City of Moab hereby declares that it would have passe this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrase be declared unconstitutional. SECTION IV That this ordinance shall be and is hereb declared to be in full force and effect upon its passage and publication according to law. ATTEST: (SEAL) /s/ Gregory B. Roert City Recorder APPROVED: /s/ Harold Jacobs, Mayor The next ordinance discussed vas Ordinance #8-79, an ordi Ord. #8-79. ante or the adoption of the Uniform Fire Code and Unifo Fi tandards, 1979 edition. There were some questions as to what was being regulated by this ordinance and what it entailed. Attorney Coffman briefed the audience and Council on what the ordinance covered. Randy Spencer sai. having this ordinance on the books would help back up sit- uations where the fire department had previously been un- able to do anything. Councilman McDougald'made the motio. Ordinance #8-79 be adopted, seconded by Councilman Peterso., __approved unanimously by voice vote. (Ordinance follows) ORDINANCE #8-79 AN ORDINANCE FOR THE ADOPTION OF THE UNIFORM FIRE CODE UNIFORM FIRE CODE STANDARDS, 1979 EDITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: An ordinance of the City of Moab prescribing reg ulations consistent with nationally recognized good prac- tice"for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arisin from the storage, handling, and use of hazardous substance materials and devices, and from conditions hazardous to life or property in the use -or occupancy of buildings or premises. 17 18 THE CITY COUNCIL OF THE CITY OF MOAB, UTAH, DOES ORDAIN AS FOLLOWS: SECTION I Flag-lot/street light- ing ord. tabled. Ord. #9-79 (Cat Ord.) That certain documents, three (3) copies of which are on file in the Office of the Recorder of the City of Moab, being marked and designated as "Uniform Fire Code" (and "Uniform Fire Code Appendix"), 1979 edition, and the "Uniform Fire Code Standards", 1979 edition, published by the International Conference of Building Officials and Western, Fire Chiefs Assocation, be and the same is hereby adopted as the code of the City of Moab for prescribing regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises; and each and all of the regulations, provision, penalties, conditions and terms of such "Uni- form Fire Code", 1979 edition, and the "Uniform Fire Code Standards", 1979 edition published by the International Conference of Building Officials and Western Fire Chiefs Association, on file in the Office of the City of Moab are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION II That the Moab City Recorder shall certify to the adoption of this ordinance and cause the same to be published. SECTION III That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the vali- dity of the remaining portions of this ordinance. The City of Moab hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION IV That this ordinance shall be and is hereby declared to be in full force and effect upon its passage and publication according to the law. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Gregory B. Roert City Recorder The next ordinance in line for discussion was tabled until a public hearing could be held by the Planning Commission, since it concerned flag -shaped, or panhandle lots and street lighting in subdivisions. It vas also not assigned a number. The last ordinance discussed was #9-79, an ordinance regu- lating stray cats in the City of Moab. There was much dis- cussion and proposed changes for this ordinance. The changes proposed for this ordinance were: another method of showing ownership of a cat in addition to collaring, since many cats do not tolerate collars, licensing of the cats, a holding period for strays, requiring of rabies shots, and a limitation of cats per household. Dr. Hoffman recommended another means for cat identifica- tion be used in addition to collaring. He said some cats in the past had gotten hung up on trees and things when their collars got caught. He recommended cats be tattooed in one ear with some sort of a registration number. He said he could get a tattooing machine in just a few days. This suggestion seemed well received by the Council and audience, as long as it did not injure the cats. Dr. Hof man said it had been done with other animals, and he woul try it on some stray -cats first to see what the result would be. 19 Councilman Wiseman, beforehand, had requested that cats b Vaccinating of cats. required after a certain age to be vaccinated against rab ies and possible other diseases. Councilman Peterson sai. if inoculations were to be made mandatory, then the City should also have licensing. Dr. Hoffman said any such in oculations should be done on a yearly basis. Dr. Hoffman said he would like to see a limit per house- Household limitation. hold on cats put into the ordinance. A few suggestions were made on a limitation number. Four per household was considered too many, and it was the concensus of the Coun cil that this number should be reduced to three. A holding period for strays was also suggested, since thi Holding period. was not included at all in the draft ordinance. The citi zens present felt that the City should not be able to des troy any cat seemingly stray as soon as it is picked up, and a two-day holding period was suggested to be added to the ordinance as well. C+� Q Attorney Coffman said he would rewrite the ordinance to Ord. approval tabled. r•l comply with the suggestions and decisions of the Council and audience. Council approval on the ordinance was tab- led until presentation of the rewritten ordinance at the next regular City Council meeting, Wednesday, November 7. Councilman McDougald made the motion the meeting be ad- Adjournment. journed, seconded by Councilman Peterson, approved unani- mously. The meeting adjourned at 9:35 p.m. APPR H rold J! , Mayor ATTEST: reg 1.et, Ci T Recorder CITY COUNCIL Wednesday, November 7, 1979 The Moab City Council held a regular meeting on the above Regular meeting. date at 8 p.m. in the City Council Chambers, Moab City Hall. Present were Mayor Jacobs, Councilmen Tomsic, Bar- ker, McDougald, Wiseman, and City Administrator Koert, Attorney Penny Coffman, Police Chief Dalton, Engineer Keogh, Secretary Honeycutt, and 20 citizens. A motion to approve the October 16 minutes as written wa Minutes approved. made_by Councilman Barker, seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic.made the motion the minutes of the October 23 public hearing be approved as written, seconded by Councilman Wiseman, approved unan imoualy. Mr. J. J. Wang requested the City trim a tree in front of Trimming of tree in his recently -erected Apache Motel sign at First North and front of Apache Motel Main. Mr. Wang presented his case, saying he had investesign. a lot of money in. the sign, and trimming the tree would not damage it. He said he would be willing to pay for th trimming. A letter had been -written to the Mayor by the Shade Tree Commission recommending the tree not be trimmed because it would change the shape of the tree, cause it to sprout out where it is cut and thicken, and because this trimming would have to be repeated every two or three year. Mr. Andersen, chairman of this commission, said he felt some changes to the sign could be made so the -tree would not have to be trimmed. Mayor Jacobs asked Mr. Wang and Mr. Andersen to meet with him and Administrator Koert the following day for a location consultation, which was agree. to. 20 Sale of City land for golf course program. Cat Ord. 119-79. Mr. Ken McDougald came forward representing the Moab Coun- try Club, He asked the Council to consider assigning some 60 acres of land in the immediate vicinity of the golf course to the Country Club for disposal, the money acquired to be put into a fund to be used for the general upgrading and expanding of facilities at the Moab Country Club. Any and all development would be in the recreation category. Mr. McDougald suggested a committee or panel be established, made up of approximately nine members, and to include a member of the City Council, a memeber of the County Com- mission, a member of the Country Club, and a cross-sec- tion of the residents of Grand County. After a discussion of the legality of the proposal, Councilman Barker moved that Mr. McDougald present a plan at the first December meeting outlining the proposed plan and anticipated bene- fits to the City and Country Club. Councilman Tomsic seconded the motion, and it was approved unanimously. A public hearing for the proposed cat ordinance was next on the agenda. Mrs. Coffman read the ordinance as it had been rewritten from suggestions from the public hearing of October 23. Mrs. Norah Eubanks felt the limit of three cats per household should be dropped, since the licensing and fees would automatically tend to limit the number of cats a person could afford to keep. Discussion continued to deciding on the amounts for licensing fees. It was decided the amounts for cats would be the same as for dogs: $5 for a male cat, $2 for a neutered male cat, $10 for a female cat, and $2 for a spayed female cat. A $2.50 per day boarding fee and a pick-up fee of $5 was recommended. It was decided this would be added to Section 4-56 of the ordinance, and the boarding fee and pick-up fee should be paid to the poundkeeper, and not the City. It was decided to leave the limit per household to three. Coun- cilman Tomsic made the motion that Ordinance 119-79 be accepted with the correction, licensing fee, boarding fee, and pick-up fee, seconded by Councilman Wiseman, approved unanimously. Mrs. Coffman said the ordinance would go into effect 20 days after the first publication in the news- paper: (Ordinance follows) ORDINANCE 119-79 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR OWNING OR HARBORING CATS IN THE CITY OF MOAB BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: That the Moab City Code be amended by adding Article III, CATS, to Chapter 4 as follows: ARTICLE III: CATS Section 4-50. Cats to be provided with collar or harness. Every cat within the City shall be provided by its owner with a collar or harness made of leather, metal or other substantial material which shall be worn by such cat at all times when off the premises of its owner, and to which collar or harness shall be securely fastened a tag giving the registration number of such cat, or in lieu of such collar or harness, any cat, at the owner's option, may have the registration number tattooed in its ear. Section 4-51. Every cat owner within the City shall cause each cat over six (6) months of age owned by him, to be regis- tered with the City and shall pay to the City an annual registration fee as follows: For a male cat: $5.00 For a neutered male cat: $2.00 For a female cat: $10.00 For a neutered female cat: $2.00 The registration number given for a cat shall remain the same for that cat for each subsequent renewal after the first issuance of the annual registration number. Section 4-52. Before issuing any cat owner a registration num- ber or an annual renewal of such number, the owner must produce evidence of inoculation of the cat so to be reg- istered, which inoculation of the cat so to be registered Ord. #9-79 cont'd. shall have been within three (3) months of the registra- tion of the cat or the seeking of the renewal of the reg- istration. Section 4-53. No more than three (3) cats over the ago of six (6) months sahll be housed or harbored on any single fam- ily residential property or dwelling unit in the City, unless the person owning or harboring such animals has obtained a kennel permit from the City. Section 4-54. Definition of owner. Any person owning a cat, or providing shelter o food, or otherwise harboring a cat for a period of five (5) days or more shall be deemed an owner thereof, and be under the duties with respect to said cat as imposed by this Article. Section 4-55. Killing or injuring cats with vehicle. No person shall willfully injure, beat, abuse, or run down any cat with a vehicle. Any person who kills or injures a cat while driving a vehicle shall atop at th scene of the accident and render such assistance as prac- M tieable, shall make a reasonable effort to locate and ide tify himself to the owner of or any person having custody �--F of the cat, and shall report the accident immediately to the police department. GQ Section 4-56. Cats running at large without collar or name tag. Any cat running at large without a collar and name tag or an ear tattoo as herein provided, shall be liable to impoundment and extermination by the City with- out liability to the owner thereof. Upon taking such ani mal into custody, the City shall have no duty to board the same for more than two (2) working days, but having boarded the same for two (2) working days if the cat is not claimed by any person, the City may have the same des troyed. Any person reclaiming a cat impounded, shall pay a boarding fee of $2.50 per day and a $5.00 pick-up fee to the poundkeeper. Violations. Violation of this Ordinance shall render a per- son liable for criminal prosecution as a Class C Misde- meanor and subject the person to a fine of not more than Two Hundred Ninety-nine and No/100 ($299.00) Dollars. The Moab City Recorder shall certify to the adoption of this Ordinance and cause the same to be pub- lished. This Ordinance shall be and is hereby declared to be in full force and effect on the loth day of Decem- ber, 1979, ATTEST: (SEAL) /a/ Gregory E. Koert City Recorder APPROVED: /s/ Harold Jacobs, Mayor The problem of parking near the Westerner Grill, which WA = Westerner Grill parking discussed at the last regular meeting was brought up. problem. Officer Rich Haycock was present to talk about the parkin., problem and informed the Council that the curb areas pain ted red near the Westerner Grill were much longer than the maximum allowed by the State. He also explained a situa- tion of his not ticketing some truck drivers violating the parking laws in the area, which was also discussed at the last meeting. He stated there were four semi -trucks with Pennsylvania license plates parked in red areas near the Westerner Grill. He said he explained to the lady, who had called the Police Department to have them ticketed, that it would do no good to give them $2 parking tickets. He said there was little or no legal parking room for the trucks, exceptatDalgarno's Transportation. It was the conceneus of the Council that tlierfiret thing to be done would be the cutting back of the red areas to conform with State regulations. 22 Virginia Johnson presented a plea to quit -claim the portion Virginia Johnson reque-t of the property between two fences on the south side of for quit -claim. Arroyo Road to her, She was informed this request had been denied in a previous regular Council meeting. This, she questioned, and Mayor Jacobs informed her that had he known she was going to come before the Counci4 the referred - to minutes would have been available. The Mayor apologized to Mrs. Johnson, saying he had been assigned the duty of following this request through, and had not contacted her after researching the minutes and ascertaining that the request had been denied. Councilman Wiseman asked that the issue be tabled and that there be something in writing brought to the next Council meeting. Frank Hobbs re: Con- crete problem. Easement (road) repos- itioned. Doris Barry request fo quit -claim. Resolution #13-79. Frank Hobbs came before the Council, stating he did not represent the Contractors Association, but only himself. He informed the Council of recent action by the State, saying he had been turned in by Larry Brundage for unsat- isfactory concrete, some of which was over a year old and some which was in his own driveway. He said he felt some of the contractors were being turned in for concrete work which was, in some cases, not as bad as some of the work by contractors who had not been turned in to the State. He felt the Council should be more aware of what was going on and the manner in which contractors were being turned in. There was considerable discussion and some sighting of examples. Councilman Wiseman suggested Administrator Koert check into this and come up with some solutions for the problems. Engineer Keogh had a drawing showing an easement granted to the County by the City at the October 2 meeting. The easement is near the Canyonlands Subdivision. Mr. Keogh stated the road should be repositioned from what was ori- ginally planned when the Council approved the granting of this easement. The Council accepted the new positioning of the road. Mr. Keogh also requested a quit -claim from the City for a certain piece of property on behalf of Doris Barry. This was thought to be County land, and she had obtained a quit- claim from them, but in a title search, discovered the property really belonged to the City. Engineer Keogh said it was probably a discrepancy in recording it as County - owned ladd. Councilman Wiseman made the motion the Council approved the quit -claim to this property, seconded by Councilman McDougald, approved unanimously. Mrs. Coffman had a copy of the forms to go to the banks to change the signatures on the signature cards for the City. As a resolution, they were assigned the number 13-79. It was suggested the word "elected" be changed to "appointed." Councilman Wiseman made the motion the Council approve Resolution #13-79, seconded by Councilman Tomsic, approved unanimously. (Resolution follows) RESOLUTION #13-79 First Western National Bank Box 249 Moab, Utah 84532 First Security Bank of Utah 4 North Main Moab, Utah 84532 At a regular meeting of the City Council of the City of Moab held on the 7th day of November, 1979 at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified: Gregory B. Koert Recorder /a/ Gregory B. Koert Karen L. Coursey- Deputy Recorder /s/ Karen L. Coursey Barbara J. McLeod Treasurer /s/ Barbara J. McLeod Lynda Moore Deputy Treasurer /a /Lynda Moore Under the rules of the City of- Moab any funds deposited to its credit with the First Security Bank or the First Western National Bank of Moab may be withdrawn by the combined signatures of one (1) Recorder and one (1) Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money, in accordance with signature cards accompanying this authorization. Approved this 7th day of November, 1979. 23 APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Gregory E. Koert City Recorder Councilman Wiseman suggested that from this meeting on, the City Council agenda be strictly adhered to. Anyone wishing to appear before the Council would need to go through the Administrative office to be put on the agenda He also asked about the status of negotiations with the businesses found to have excessive infiltration and inflo into the City sewer lines. Administrator Koert said he had talked to a few of the people and would be drafting a formal letter to them. Councilman Wiseman asked the City Administrator about a poison school that Police Secretary Lynn Christensen had suppossedly attended. Administrator Koert said he had not heard that she was to attend this school, but said LP) she had attended some other schools in the past. Council man Wiseman asked if this wasn't considered exceeding her r{ job description as a police secretary. Administrator C.) Koert said some of the things she had been doing were not in her job description, but many of these things were tak ing a load off of the officers, since they would have to be pulled from patrol to attend the schools and put on th programs if she were not doing them. The Council felt that she should stay within the bounds of her job descrip tion in the future. Agenda to be adhered to I/I status. Police Secretary ex- ceeding job description Councilman Tomaic said it appeared that Steve Olschewski Steve Olschewski prop - was still violating the law as discussed in the last meet erty. ing and that Larry Brundage should follow up on this. Sh. said he was also doing contracting work without a license. She reminded the Council of needed Personnel Manual updat ing to reflect the City paying for their employees' dep- endents' insurance. Personnel Manual updat- ing. Mayor Jacobs requested permission to solicit bids on a Tractor bidding. small diesel tractor and accessories, costing approximate $8,000. The Council gave permission. In looking over the bills, it was discovered an amount to Bills approved. be paid to LaVon Williams for being an Election Judge at the City Council election was omitted. Councilman Tomsic made the motion the bills be approved as submitted, but having it checked to see that LaVon Williams was included in the General Fund total, and also approving those bills in Class "C" Road Fund, Collector Road Fund, and the Reve- nue Sharing section, seconded by Councilman Wiseman, approved unanimously. Mayor Jacobs adjourned the meeting at 11:35 p.m. Adjournment. ATTEST: o4 reg City ec.. der APP Harold Jac , , Mayor CITY COUNCIL November 20, 1979 Moab City Council held a regular meeting on the above dat Regular meeting. in the City Council Chambers, called to order at 8:05 p,m. by Mayor Jacobs. Present were Councilmen Peterson, Tomsi Wiseman, and McDougald, Administrator Koert, Attorney Cof 24 man, Engineer Keogh, Secretary Honeycutt, and six citi- zens. Minutes approved. Ordinance #I10-79. The minutes of the regular meeting of Wednesday, Novem- ber 7, were approved unanimoi:sly.as written by motion from Councilman Wiseman, second by Councilman Tomsic. Administrator Koert read the major parts of proposed Ord- inance #10-79 aloud in a public hearing for the ordinance, which concerns flag -shaped lots and street lighting in subdivisions. In a recent meeting of the Moab City Plan- ning Commission, it had been suggested the word "May" be changed to "shall" in requiring a developer to install street lighting in subdivisions. Reason for the sugges- tion was so that contractors would not be constantly coming to the City requesting they not have to put in the street lights. Rather, they would only appear to request a variance if it were made a requirement. There was much discussion as to the exact meaning of the ordin- ance concerning the street lighting section. It was sug- gested this part of the ordinance be rewritten to clarify the requirements. Councilman McDougald made the motion the Council approve Sections 27-2-2 and 27-4-7 only (sec- tions regarding flag -shaped lots) of Ordinance #10-79, with a rewriting of Section 27-3-29 on street lighting. The motion was seconded by Councilman Tomsic, approved unani- mously. (Ordinance follows) ORDINANCE #10-79 AN AMENDMENT TO ADD THE FOLLOWING DEFINITIONS TO MOAB CITY CODE SECTION 27-2-2 OF THE ZONING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: That the definition pertaining to Flag -Shaped or Panhandle Lots be added to Moab City Code Section 27-2-2 of the Zoning Code and read as follows: FLAG -SHAPED OR PANHANDLE LOTS PERMITTED. Flag -shaped or panhandle -shaped lots may be created in any single -.family or two-family residential zone if all of the following requirements are met: A. The lot has at least fifteen (15) feet of frontage on a dedicated public street, which frontage serves as access only to the subject lot or parcel. B. The "handle" portion of the lot is at least fifteen (15) feet in width, and not more than one hundred fifty (150) feet in length. C. That the body of the lot meets the lot area and lot width requirements of the applicable zone. AND, BE IT FURTHER ORDAINED; THAT SECTION 27-4-7 BE ADDED TO THE ZONING CODE AS FOLLOWS: 27-4-7 Policy Pertaining to Flag -Shaped or Panhandle Lots. Flag -shaped or panhandle lots shall be permitted in any subdivision where required by the configuration of land boundaries or terrain dictates such lot shape, but under no circumstances shall such a lot shape be utilized as a standard or repetitioU0 pattern in a subdivision. The Moab City Recorder shall certify to the adop- tion of this ordinance and cause the same to be published. This ordinance shall be and is hereby declared to be in full force and effect on the 20th day of November, 1979. ATTEST: (SEAL) /s/ Gregory E. Koert City Recorder APPROVED: /s/ Harold Jacobs, Mayor Mrs. Virginia Johnson was present and expressed the opin- ion that the Council had agreed to quit claim the propert V. Johnson quit claim. on the south side of Arroyo Road from Fifth West to her several months ago. Attorney Coffman informed her it waa not legally possible to quit claim road or street right- of-ways to adjoining property owners. The Mayor informed Mrs. Johnson minutes had been researched, and an on -site investigation had been made February 23, 1978. On March 7, 1978, the Council voted not to relinquish the property because there would not be enough tight -of -way to maintai a 66-foot street, which would be appropriate when that area was developed. Mayor Jacobs announced that Mr. George Andersen and Mr. J. J. Wang -Tree obstruc J. J. Wang had arrived at a solution concerning the tree ting sign. obstructing the Apache Motel sign at Main and First North Mr. Andersen and Mr. Wang would cut one major branch ob- structing the sign, and do some tactful trimming. The sign would also be raised some for better viewing. Mrs. Jerri Pilling made a request of the City to write a Request for letter to letter to the president of Mountain Fuel Supply, John Cra - Mtn. Fuel Supp. re: ford, with a request that a feasibility study be done wit feasibility study. regard to Utah Gas Service rates. After some discussion, Councilman Wiseman made the motion that Mrs. Pilling's ("3 request for a letter from the City to Mountain Fuel Suppl 0 be honored, seconded by Councilman Tomaic, approved unani i-4 mously. Attorney Coffman said the following morning he Wwould write the letter which was requested at a previous Cs7 Council meeting to the State Auditor's office. Attorney Coffman announced the names of the people recent y Municipal Boundary appointed to serve as members on a Municipal Boundary -Co.. Comm. members. mittee for Green River and Moab. They consist of Mayor Jacobs, Mayor Silliman of Green Riveri and three members chosen by the County Commissioners --Norma Stocks, John Keogh, and Harvey Merrill. Administrator Koert said tennis court expert George McDon Tennis court resurfac- ald had been down to Moab the week before to give the Cit ing. an opinion on the resurfacing of six existing tennis cour s. Mr. McDonald talked to both Mr. Koert and School Superin- tendent Bill Meador. Cost for resurfacing of the six courts, plus possible lighting for two of the courts, was estimated at $35,000. Mr. Koert stated the Education Boa d already had $10,000 of this amount, and the City would ne d to come up with $25,000. Forty thousand dollars had been budgeted by the City for two standard tennis courts. Mr. Koert said the resurfacing would be asphalt with a road base, and Mr. McDonald would be present at the•actual re- surfacing. A maintenance agreement would also need to be worked out; it was the concensus of the Council the schoo district should be responsible for the maintenance. Administrator Koert announced that the City had recently City in line for sew - been notified they were in line to receive a federal work = age grant. sewage grant. The grant would provide funding for the designing of improvements for the wastewater treatment plant. Estimated cost would be $60,000, but the grant would be a 75/25 percentage matching funding. It was the concensus of the Council that the $60,000 was too much fo a design. Councilman Peterson suggested a less expensive, federally -approved, group of engineers be used instead, to reduce the high cost. Mayor Jacobs said he would like to have Art Maxwell come down, probably after the Christmas season, to discuss the possibilities and costs associated with this design. Councilman Wiseman asked for an update regarding the suit Croasmun property. against Jerry Croasmun for not cleaning up his trucking business property. Attorney Coffman said that Mr. Croas- mun's lawyer, Hank Ruggeri, had told Mr. Coffman that he had held off on action because he was trying to work with Mr. Croasmun to see if he could get him to improve the property. Attorney Coffman said he would ask Judge Crist to set a court date, approximately 30 days away. A concrete problem update was also requested by Councilma. Concrete problem. Wiseman. Administrator Koert said the local contractors had met the previous Thursday, and a representative of th 26 J. R. Walker appointed to Planning Comm. Seminar in Provo. 1st park well dry; 2nd one dug. Bills approved. Adjournment. Regular meeting. Minutes approved. Tractor bids. State Department of Contractors had given out show -cause orders. He said if the contractors could not come up with a reason why they hednIt gone back to redo the con- crete work to the satisfaction of the City, they would be subject to having their licenses pulled. Administrator Koert said he and Inspector Brundage had done some rechecking of concrete and of the contractors who should and should not be turned into the State by Mr. Brundage. Councilman Tomsic said her only concern was that when the City filed a charge with a business regulatory agency, they should be very sure of themselves with regard to the parties being charged. Mayor Jacobs announced he would like to have Mr. James R. Walker appointed as the new Planning Commission member to replace Mr. Bill Hass. Councilman Tomsic made the motion Mr. Walker be appointed to the Planning Commission, secon- ded by Councilman Wiseman, approved unanimously. The Mayor also mentioned a seminar in Provo to which he and the Council had been invited. The seminar was on becoming a better official. The Mayor recommended the Council not consider it becausecof the cost and the fact that a similar seminar was put on each year by the Utah League of Cities and Towns. Mayor Jacobs said a dry well had been dug at the City park, so a second well was dug. There was 120 feet of water standing in the new well, and Mr. Chuck Zimmerman, the driller, had estimated it would produce 150 gallons per minute. Councilman Tomsic made the motion the bills be paid, but that the two bills from Nielsen, Maxwell & Wangsgard be checked to see if both were legitimate for payment. Coun- cilman Wiseman seconded the motion, approved unanimously. Mayor Jacobs adjourned the meeting at 10 p.m. ATTEST: Greg APP Harold Jac..., '.yor , City Recorder CITY COUNCIL December 4, 1979 A regular meeting of the Moab City Council was called to order at 8:03 p.m. by Mayor Jacobs in the City Council Chambers, Moab City Hall on the above date. Present were Councilmen Barker, Tomsic, Wiseman, and McDougald. Also present were Administrator Koert, Attorney Coffman, Chief Dalton, Engineer Keogh, Treasurer McLeod, City Auditor' Ron Auger, Secretary Honeycutt, and 11 citizens. The minutes of the regular meeting of November 20 were approved unanimously by motion from Councilman Wiseman, second by Councilman McDougald. The opening of sealed bids for the purchase of a small diesel -powered tractor was scheduled, but only one bid of four companies solicited had been received. The bid, from Western Implement of Grand Junction, was $5,936.40 for the tractor alone. Separate bids were also submitted for a seeder, sprayer, and rotary mower of $198.90, $1,422.00, and $935.10 respectively. -Each bid quoted was the list price less ten percent. Mayor Jacobs suggested the deci- sion on the tractor be tabled until more bids could be received. Councilman Tomsic felt a decision should be reached at this meeting to accept or not to accept the sub- mitted bid, since the three other companies had been invi- ted to bid and had not. There was also discussion about purchasing the accessories separately from other sources, possibly at lower prices than were bid by Western Imple- ment. Councilman Wiseman made the motion the Council accept the bid of Western Implement for $5,936.40 for the tractor alone, seconded by Councilman Barker. Councilman Wiseman asked Administrator Koert's opinion on the purch- ase of the tractor. He replied he and the Mayor had dis- cussed the purchase quite a bit, and he was highly in favor of a new tractor for the City parks. Mayor Jacobs called for a vote on the motion, and it was approved unan imously. 27 Mrs. Jerri Pilling made a request on behalf of her daugh Request by J. Pilling ter Julie Pilling. The request concerned a sewer connec- to be hooked up to tion for a house Frank Hobbs had recently constructed for sewer line. Julie Pilling on Lucas Court. Mrs. Pilling stated that if the City would not connect her daughter's house to the sewer system, she would have to install a septic tank at a cost of $1,000. Both the Mayor and City Administrator explained to Mrs. Pilling that the City had not refused t hook up the house to the sewer system, but had suggested o Frank Hobbs that the only feasible way would be to take the line out the back yard to the Walnut Lane sewer line. To do this, an easement would have to be granted from Mr. Orb Wiggle, the owner of the property behind Julie Pil•- ling's house. Councilman Barker suggested the City Admin istrator contact Mr. Wiggle in an attempt to resolve the Orj matter. Councilman Wiseman added his voice to the record in support of this suggestion Chief Dalton had nothing to bring before the Council, but Request for exec. mtg. La..1 asked if they would meet in executive session after the G:7 regular meeting to discuss the hiring of a new police off - cer. The Council agreed to hold the executive meeting. City Auditor Ron Auger was present to review the complete Review of audit. audit with the Council. Councilman Wiseman suggested since the Council had not had a chance to go over the au- dit beforehand, the issue be tabled until the next City Council meeting. Mr. Auger said it was up to the Council but that he could go over the audit fairly thoroughly in relatively short time, so the Mayor gave him permission t do so. Mr. Auger explained basic aspects of the audit an answered a few questions from the Council relating to the figures. After the review, he read a letter commending the City staff for a good job in controlling the City funds the past year. His main recommendation for improve ment in the new fiscal year was for the City to draw up a service contract with the golf course in order to elimin- ate the illegal procedure of the golf course presenting invoices to the City for payment, and therefore, not hav- ing to pay tax on items not used by the City. Mr. Auger said the golf course could obtain a tax exemption number very easily, and this would also reduce work in the Admin istrative offices of the City in this area. Councilman Barker made the motion the Council dispense with the remainder of the agenda up to approval of the bills, and adjourn to executive session, seconded by Coun cilman Wiseman, approved unanimously. Councilman Tomsic made the motion the bills be approved for payment as presented, seconded by Councilman Wiseman, approved unanimously. Dispensing of rest of agenda to bills. Bills approved. Councilman Barker made the motion the meeting be adjourne. Adjournment. to executive session, seconded by Councilman Wiseman, approved unanimously. The meeting adjourned at 9:30 p.m. ATTEST: Greg ert, ity Recorder APP'. Haro yor 28 CITY COUNCIL December 18, 1979 Regular meeting. Minutes approved. A regular meeting of the Moab City Council was held on the above date in the City Council Chambers, Moab City Ha11, the meeting called to order at 8 p.m. by Mayor Jacobs. Present were Councilmen McDougald, Wiseman, and Peterson. Others present were Administrator Koert, Attorney Coffman, Engi- neer Keogh, Treasurer McLeod, Secretary Honeycutt, and 14 citizens. The December 4 minutes were approved unanimously as presen- ted by motion from Councilman Wiseman, second from Council- man McDougald. Colf course/Sale of Cit, Mr. Ken McDougald, president of Moab Country Club, presen- property. ted a preliminary plan to the Council for improvement and expansion of the golf course, based on the sale of City land, which had been discussed at the previous December 4 meeting. Mr. Bob Bailey, representative of Maas & Grassic, a designing firm from Ogden, was also present, and answered some questions about the plans. Councilman Peterson pointed out there would be highly -restrictive covenants governing the development of this land. Councilman Wiseman also pointed out there would be tremendous expense associated with the planning of this subdivision with installation of curb and gutter, streets, sewer, etc. where houses would be going in. Colf course coned. Golf course coned. Golf course coned. Golf course coned. Golf course cont'd. Mr. McDougald said a nine -member committee would have the responsibility of setting up the requirements and restric- tions for this land. He proposed the committee consist of Rudy Higgins, Wayne Jensen, Bob Patterson, Councilman Peter- son, Councilman McDougald, Dick Allen, Mayor Jacobs, a County Commissioner, and himself. Mr. McDougald said with this development, Moab City's responsibility to the golf course would be considerably lessened. He also asked that the City pass a resolution allowing them to proceed with plans. Attorney Coffman said such action should be in the form of an ordinance. City worker Don Robinson questioned the quality of water sources in the area if this land were allowed to be deve- loped. Mr. McDougald said this would also be a concern of the committee, and steps would be taken to preserve the quality of the water. Councilman Wiseman made the motion the City Council call for an ordinance on how disposal of the land would be made, and also to include a proposed deed and covenants at the second meeting in January, so planning could be done more intelligently. Councilman Wiseman also suggested advettis- ing for a public hearing. There was more discussion'of the plans. Mr. McDougald said that even though the plans were not detailed, some decisions should soon be made. Councilman Peterson spoke in favor of the project and felt the Council should give Mr. McDoug- ald a more definite idea of their feeling for the project, since expenses were being incurred in the hiring of the designing firm. Attorney Coffman also recommended a public hearing for public input, and Mr. McDougald said he would be in favor of this. Mayor Jacobs said he would like to see the project done in separate definite steps. Councilman Wiseman withdrew his motion and made another, stating that the City Council entertain an additional meet- ing with Ken McDougald and his board, and at that time, they discuss the' board's involvement, land annexation, zoning control, expenditures, etc., and entertain a public hearing at that time, also. Mr. McDougald said he would like to have one more meeting before the public hearing, since the full Council had not had the chance to hear the plans. Then, -at this meeting, the Council could take further action. Councilman Wiseman made an amendment to his motion to delete the statement of having the public hearing. Councilman McDougald seconded the motion. Councilman Peterson added an amendment to the motion that the City Attorney be direc- ted to draw up an ordinance that would lay out the disposal of the land, and including the deed and covenants men- tioned by Councilman Wiseman in his first motion. Coun- cilman Wiseman accepted this amendment to his motion, and Councilman McDougald seconded it, Mayor Jacobs called fo a vote on the motion, and it was approved unanimously. 29 Engineer Keogh asked about a proposed ordinance for a Keogh questions street change in street width in subdivisions. This was origin- width ord. ally 60 feet, then it was changed to 50 feet. The new change would make these streets 52 feet in width, and Mr. Keogh wondered if this was legal. Administrator Koert said this was a proposed zoning ordinance change, which had gone before the Planning Commission in a public hear- ing, and would shortly be coming to the City Council for approval. Much discussion followed regarding right-of- ways and easements. Attorney Coffman said Job Service property, which backs Petition & ord. for Claus b Adkison's accounting firm property contains a uti - vacating of easement. ity easement, which is not needed, and they would like to vacate this easement. Mr. Coffman said this was done by petition and ordinance. He said most of the adjacent property owners were not concerned. Mayor Jacobs said if Mr. Coffman would get it organized, they would proceed with the petition. It was mentioned that by June 4, 1980, the City must adop Flood plain map ord. 0 an ordinance regarding insuring the adoption of the flood adoption. i-4 plain map that was proposed. U WAdministrator Koert said he had received a letter from Tennis court resurfac- George McDonald, the tennis court resurfacing expert, ing. which included his bid for the resurfacing of the six ten nis courts in town. This bid, which included $1,000 for supervision of the resurfacing, to be done by Southern Paving, was for $29,844. The City's share of this amount would be $19,844, and the school district would pick up the $10,000 balance. The work would take approximately four weeks to complete, and Mr. McDonald would guarantee Southern Paving's work for a year. Mr. Koert said School Superintendent Bill Meador could not attend this meeting, but did want to discuss a maintenance agreement with the City. Administrator Koert said it would take about one hour every two weeks to sweep the courts. Councilmen Wis - man made the motion any action be tabled until Bill Meado, could address the issue regarding maintenance, seconded b Councilman McDougald, approved unanimously. Councilman Wiseman said he was aware that Nate Knight had Wiseman against Knight his application in to the Board of Adjustmen with a reque-t applic. to mdve acctg. that he move his accounting firm into his home. He expre firm into home. sed his concern over this because of the zoning and possi ble parking problems, and said he felt professional peopl should remain downtown, and not take their businesses int their homes. Councilman McDougald did not agree, but Cou cilman Wiseman said he was merely stating his opinion, an asking the Council if they wished to present a statement o the Board of Adjustment against Mr. Knight's application. No such action was taken. Mayor Jacobs said Nielsen, Maxwell & Wangsgard planned to NMW-201 Study presenta- present their 201 Study to the Council, and a date needed tion. to be set for them to come down. The Council, including new members David White and Keith Brewer, agreed on the afternoon of Thursday, January 3 to hold the meeting. Date for a public hearing will be set when Nielsen, Max- well & Wangsgard come down. Mayor Jacobs also announced the regular Council meeting o Council mtg. postponed. Tuesday, January 1 would be postponed until the next even ing because of the New Year's holiday. Vacancies on the Board of Adjustment and Planning Commis- BOA vacancies filled. sion were mentioned by the Mayor. He said he had talked to Darrell Peck and Ken Erbes, Jr., who had both agreed t. serve on the Board of Adjustment, filling the vacancies o Jim Gardner and Keith Brewer. A new chairman for this Board would be chosen, who would also serve on the Planni g Commission to take Keith Brewer's position there. Council- man Wiseman made the motion Mr. Peck and Mr. Erbes be approved to replace the two outgoing members on the Board 30 of Adjustment. The motion was seconded by Councilman McDougald, approved unanimously. Geneva Steel problem. City employees off the Mon. before Xmas. Bills approved. Diesel tractor bids. Adjournment. Regular meeting. Minutes approved. Golf course improvement plan presented. The Mayor said he had received much correspondence regar- ding the Geneva Steel problem in Orem, Utah. The Mayor of Orem had asked for response from other cities, and Mayor Jacobs asked if the Council wanted to do anything on it. It was the concensus of the Council that Moab City should stay out of it; Orem City was getting enough support from others. Mayor Jacobs said the County was closing on Monday, Decem- ber 24, and wondered if the Council would consider letting the City employees off that day also. He stated they were caught up on work, and he felt it would be a good gesture. Councilman Peterson made the motion the City give their employees the Monday off, seconded by Councilman McDoug- ald. Councilman Peterson and McDougald voted for the motion; Councilman Wiseman voted against the motion. The motion passed. The Council felt the City should remain open the Monday before New Year's Day. There were some questions regarding the payment of a HUD bill in the amount of $1,000. Since it was not known exactly what this was for, it was suggested this be held out until this was determined. Councilman McDougald made the motion the bills be paid, with the exception of the HUD bill until a determination was made on it, seconded by Councilman Wiseman, approved unanimously. The Mayor said he had gotten a committment from Peterson Tractor & Implement of Salt Lake City on the small diesel tractor which was bid on a couple of weeks before. Peter- son Tractor did not submit a sealed bid on time, and a decision was made at the last meeting to accept the only bid that had been received, one from Western Implement in Grand Junction. Western Implement had not been informed they had been awarded the bid. The Mayor said he had a committment from Peterson for $497 cheaper than Western Implement, but this did not include a $150 shipping charge. Councilman Peterson made the motion the City Council reverse their action awarding the bid for the tractor to Western Implement in favor of awarding it to Peterson Tractor. The motion died for lack of a second. Councilman McDougald made the motion the meeting be adjourned at 10:30 p.m., seconded by Councilman Peterson, approved unanimously. ATTEST: reg K• r j City Recorder CITY COUNCIL December 18, 1979 A regular meeting of the Moab City Council was held on the above date in the City Council Chambers, Moab City Hall, the meeting called to order at 8 p. m. by Mayor Jacobs. Present were Councilmen McDougald, Wiseman, and Peterson. Others present were Administrator Koert, Attorney Coffman, Engineer Keogh, Treasurer McLeod, Secretary Honeycutt, and 14 citizens. The December 4 minutes were approved unamimously as presented by motion from Councilman Wiseman, second from Councilman McDougald. Mr. Ken McDougald, president of Moab Country Club, presented a preliminary plan to the Council for improvement and expan- sion of the golf course, based on the sale of City land, which had been discussed at the previous December 4 meeting. Mr. Bob Bailey, representative of Maas & Grassic, a designing firm from Ogden, was also present, and answered some questions about the plans. Councilman Peterson pointed out there would be highly -restrictive covenants governing the development of this land. Councilman Wiseman also pointed out there would be tremendous expense associated with the planning of thissubdivisionwith installation of curb and gutter, streets, sewer, etc. where houses would be going in. Mr. McDougald said a nine member committee would have the responsibility of setting up the requirements and restric tions for this land. He proposed the committee consist of Rudy Higgins, Wayne Jensen, Bob Patterson, Councilman Peterson, Councilman McDougald, Dick Allen, Mayor Jacobs, a County Commissioner, and himself. Mr. McDougald said with this development, Moab City's responsibility to the golf course would be considerable lessened. He also aske that the City pass a resolution allowing them to proceed with plans. Attorney Coffman said such action should be in the form of an ordinance. City worker Don Robinson questioned the quality of water sources in the area if this land were allowed to be developed. Mr. McDougald said this would also be a concern of the committee, and steps would be taken to C7 preserve the quality of the water. Councilman Wiseman made the motion the City Council call for an ordinance on how disposal of the land would be W made, and also to include a proposed deed and covenants at the second meeting in January, so planning could be done more intelligently. Councilman Wiseman also sug- gested advertising for a public hearing. There was more discussion of the plans. Mr. McDougald said that even though the plans were not detailed, some decisions should soon be made. Councilman Peterson spoke in favor of the project and felt the Council should give Mr. McDougald a more definite idea of their feeling for the project, since expenses were being incurred in the hiring of the designing firm. Attorney Coffman also recommended a public hearing for public input, and Mr. McDougald said he would be in favor of this. Mayor Jacob said he would like to see the project done in separate definite steps. Golf course conl"dy' Golf course coned. Golf course coned re water development. Golf course coned. Golf course coned. Councilman Wiseman withdrew his motion and made another, Golf course coned. stating that the City Council entertain an additional meeting with Ken McDougald and his board, and at that time, they discuss the board's involvement, land annex- ation, zoning control, expenditures, etc., and entertain a public hearing at that time, also. Mr. McDougald said he would like to have one more meeting before the public hearing, since the full Council had not had the chance to hear the plans. Then, at this meeting, the Council could take further action. Councilman Wiseman made an amendment to his motion to delete the statement of having the public hearing. Councilman McDougald seconded the motion. Councilman Peterson added an amendment to the motion that the City Attorney be directed to draw up an ordinance that would lay out the disposal of the land, and including the deed and covenants mentioned by Councilman Wiseman in his first motion. Councilman Wiseman accepted this amendment to his motion, and Councilman McDougald seconded it. Mayor Jacobs called for a vote on the motion, and it was approved unanimously. Engineer Keogh asked about a proposed ordinance for a change in street width in subdivisions. This was origi- nally 60 feet, then it was changed to 50 feet. The,new change would made these streets 52 feet in width, and Mr. Keogh wondered if this was legal. Administrator Koert said this was a proposed zoning ordinance change, which had gone before the Planning Commission in a public hearing, and would shortly be coming to the City Council for approval. Much discussion followed regarding right-of-ways and easements. Street width change request. Jo S'hrvice property. Flood plain map. Tennis courts resur- facing bid. Nate Knight requesting accounting firm in home. 201 Study to be presented to Council. Jan. 1, 1980 council meeting postponed. Board of Adjustment & Planning Commission vacancies. Geneva Steel problem. Motion to give employ- ees Christmas Eve off. Attorney Coffman said Job Service property, which backs Claus & Adkison's accounting firm property contains a utility easement, which is not needed, and they would like to vacate this easement. Mr. Coffman said this was done by petition and ordinance. He said most of the adjacent property owners were not concerned. Mayor Jacobs said if Mr. Coffman would get it organized, they would proceed with the petition. It was mentioned that by June 4, 1980, the City must adopt an ordinance regarding insuring the adoption of the flood plain map that was propsed. Administrator Koert said he had received a letter from George McDonald, the tennis court resurfacing expert, which included his bid for the resurfacing of the six tennis courts in town. This bid, which included $1,000 for supervision of the resur- facing, to be done by Southern Paving, was for $29,844. The City's share of this amount would be $19,844, and the school district would pick up the $10,000 balance. The work would take approximately 4 weeks to complete, and Mr. McDonald would guarantee Southern Paving's work for a year. Mr. Koert said School Superintendent Bill Meador could not attend this meet- ing, but did want to discuss a maintenance Agreement with the City. Administrator Koert siad it would take about one hour every two weeks to sweep the courts. Councilman Wiseman made the motion any action be tabled until Bill Meador could address the issue regarding maintenance, seconded by Councilman McDougald, approved unanimously. Councilman Wiseman said he was aware that Nate Knight had his application in to the Eoard of Adjustment with a request that he move his accounting firm into his home. He expressed his concern over this because of the zoning and possible parking problems, and said he felt professional people should remain downtown, and not take their businesses Into hteir homes. Councilman McDougald did not agree, but Councilman Wiseman said he was merely stating his opinion, and asking the Council if they wished to present a statement to the Board of Adjust- ment against Mr. Knight's application. No such action was taken. Mayor Jacobs said Nielsen, Maxwell & Wansgard planned to present their 201 Study to the Council, and a date needed to be set for them to come down. The Council, including new members David White and Keith Brewer, agreed on the afternoon of Thursday, January 3, to hold the meeting. Date for a public hearing will be set when Nielsen, Maxwell & Wangsgard come down. Mayor Jacobs also announced the regular Council meeting of Tuesday, January 1, would be postponed until the next evening because of the New Year's holiday. Vacancies on the Board of Adjustment and Planning Commission were mentioned by the Mayor. He said he had talked to Darrel Peck and Ken Erbes, Jr., who had both agreed to serve on the Board of Adjustment, filling the vacancies of Jim Gardner and Keith Brewer. A new chairman for this Board would be chosen, who would also serve on the Planning Commission to take Keith Brewer's position there.. Councilman Wiseman made the motion Mr. Peck and Mr. Erbes be approved to replace the two outgoing members on the Board of Adjustment. The motion was seconded by Councilman McDougald, approved unanimously. The Mayor said he had received much correspondence regarding the Geneva Steel problem in Orem, Utah. The Mayor of Orem had asked for response from other cities, and Mayor Jacobs asked if the Council wanted to do anything on it. It was the concensus of the Council that Moab City should stay out of it; Orem City was getting enough support from others. Mayor Jacobs said the County was closing on Monday, December 24, and wondered if the Council would consider letting the City employees off that day also: He stated they were caught up on work, and he felt it would be a good gesture. Council- man Peterson made the motion the City give their employees the Monday off, seconded by Councilman McDougald. Councilman Peterson and McDougald voted for the motion; Councilman Wise- man voted against the motion. The motion passed. The Council felt the City should remain open the Monday before New Year's Day. There were some questions regarding the payment of a HUD bill questidtiee. HUD bill in the amount of $1,000. Since it was not known Remainder of bills exactly what this was for, it was suggested this be held approved. out until this was determined. Councilman McDougald made the motion the bills be paid, with the exception of the HUD bill until a determination was made on it, seconded by Councilman Wiseman, approved unanimously. The Mayor said he had gotten a committment from Peterson Tractor bid too late. Tractor & Implement of Salt Lake City on the small diesel tractor which was bid on a couple of weeks before. Peterson Tractor did not submit a sealed bid on time, and a decision was made at the last meeting to accept the onl bid that had been received, one from Western Implement in Grand Junction. Western Implement had not been inform ed they had been awarded the bid. The Mayor said he had a committment from Peterson for $497 cheaper then Western Implement, but this did not include a $150 shipping charg Councilman Peterson made the motion the City Council re- verse their action awarding the bid for the tractor to Western Implement in favor of awarding it to Peterson Tractor. The motion died for lack of a second. Councilman McDougald made the motion the meeting be adjourned at 10:30 p.m., seconded by Councilman Peterson, C N / approved animous CITY COUNCIL Wednesday, January 2, 980 W gular meeting of the Moab City Council was called to Regular meeting. rder by Mayor Jacobs at 8 p.m. on the above date in the City Council Chambers, Moab City Hall. Present at the meeting were Councilmen Wiseman, Peterson, McDougald, and Tomsic. Also present were administrator Koert, newly elected Councilmen Brewer and White, Attorney Coffman, Engineer Keogh, AOG Planner Curt Pehrson, Secretary Honeycutt, and five citizens. Meeting adjourned. The Mayor announced that the scheduled swearing in of the Swearing in of new new Councilmen would have to be postponed until noon the councilmen postponed. following Monday, because Judge Crist had recently dis- covered swearing in ceremonies could not legally take place until the first Mandy in January. The December 18 minutes were corrected as follows: A Corrected minutes statement was accidently omitted showing the second and approved. unanimous approval of a motion made by Councilman Wiseman Page 3, Paragraph 3. This was added to the written minutes, as well as another change made by Councilman Wiseman. On Page 2, last paragraph, an additional sen- tence was added stating Councilman Wiseman also asked the Council if they wished to present a statement to the Board of Adjustment against Mr. Knight's application. Councilman Wiseman made the motion the minutes be approve with these additions, seconded by Councilman McDougald, approved unanimously. Mr. Bill Meador, superintendent of schools, was present for a discussion of the maintenance agreement between the City and school district if the six tennis courts in town are resurfaced. A tentative agreement drawn up between the two parties included terms that the school district would be responsible for maintenance of fences, nets, posts, and other equipment on the six courts, the City would maintain the lighting system for the two courts on Center Street and pay the electric bill. This agreement also stated a member of the City crew would be assigned to pick up trash and sweep the courts daily, with the understanding that not every court needs to be swept every day. Mayor Jacobs questioned the City's cleaning the courts every day. He said this could run into a lot of time. The Council asked Mr. Koert how long it would take to clean and sweep them. Mr. Koert said if one court were cleaned and swept every day, it would take approximately an hour. In this way, each court would be cleaned approx mately once a week. The Council felt that one hour each day was not too much time spent cleaning and sweeping. Tennis courts mainten- ance agreement. Tennis courts cont'd. 34 Tennis courts con'td. Tennis courts con'td. Curt Pehrson, AOG, pre sented a growth manage ment plan. Moab City was in vio- lation of Clean Air Act. Correspondence pertain ing to the City vs. Sheryl Norton. Duane Wimmer violating law with house on empt lot. Golf Course/ Sale of City Property. Water sources and de- livery system. Councilman Tomsic re- quested a financial statement from Ed Clan Councilman Tomsic made the motion the Council approve the main- tenance agreement, seconded by Councilman Wiseman. Councilman McDougald suggested the posaiblity of getting practice boards set up for each of the courts. Attorney Coffman said he objected to the wording of the maintenance agreement since it did not include many important aspects, such as time limit. Mayor Jacobs suggested Mr. Coffman rewrite the agreement with the important legalities included, and the Council was in favor of this. Mayor Jacobs called for a vote on the motion, and it was approved unani- mously. (Agreement attached) Mr. Meador said a contract between the three parties involved in the resurfacing of the courts (City, school distrcit and resur- facing expert Geroge McDonald) should be drawn up so the contract is explicit in terms of monetary amount, payment procedure, etc. He stated the work should be subject to approval by both the City and school district! Councilman Wiseman made the motion Mr. McDonald be hired to oversee the improvements of all six tennis courts, and enter into a contract with him for a total of $19,844 as the City's share, to be supplemented with $10,000 of the school district's share. Councilman Tomsic seconded the motion. Council- man McDougald was concerned about the bonding of Mr. McDonald. Councilman Wiseman said this would be considered before entering into such a contract with Mr. McDonald. The Mayor called for a vote on the motion, and it was approved unanimously. Curt Pehrson, AOG planner, made a short presentation of ideas for a growth management plan, to include a survey for priorities of needs in the City and County. There was some negative feeling from the Council to the survey, since several had been conducted in past years, with no results of planning or funding. Mr. Pehrson said the AOG would be looking for specific information in order to put together a master plan, and thus facilitate Moab City's decision -making process. He said they planned to obtain as much information from past surveys and by other means in order to cut down duplications. He said after the information was complied, the results would go directly to local officials, and the City and County would need to get together to decide on the order of their priorities. Attorney Coffman suggested Mr. Pehrson get in touch with the Economic Development Committee for a lot of information that has been gathered through surveys in the past. Attorney Coffman stated that Moab City was in violation of the Clean Air Act of 1980 because the disposal plant does not meet EPA standards: He recommended steps be taken as soon as possible to rectify this situation. Mr Coffman had numerous pieces of correspondence he had written regarding claim against the City by Sheryl Norton for an accident she had on Mill Creek Drive resulting in injuries to her. He said the insurance companies involved, as well as Southern Paving, who did the repaving of Mill Creek Drive, had been notified of the claim. The City would have 60 days to respond to it. If the City did not respond by this time, it would be considered a denial of the claim, and court proceedings would begin. The case of Duane Wimmer going before the Board of Adjustments for a variance to move a house onto an empty lot was also mentioned by Mr. Coffman. After much neotiating with Mr. Wimmer, the Board finally wrote Mr. Coffman a letter saying Mr. Wimmer was in violation of the law, and would need to move hie house. Mr. Coffman said his house would have to be moved within 30 days. Mayor Jacobs said he felt the Council should study the proposed resolution handed out by Mr. Coffman in regard to the golf course and sale of City property before taking any action. There were some points of concern mentioned over water sources and the delivery system. Councilman Wiseman stated the Water Conser- vancy District meets on Mondays and suggested Administrator Koert be present at one of those meetings to express the City's concern over the delivery system and also to find out what is going on in general. Councilman Tomsic said she would like to have the financial reports from Ed Claus' office in order to see how the budget is going. She .said the Council used to receive,theae on a monthly basis. Admin- istrator Koert said he would look into getting them for the Council again. It was decided a quarterly basis for receiving these state- ments would+be-adequate. Coucilman Wiseman inquired about the Croasman case. Att- orney Coffman said the court date was set for the followi day. Croasman court date gset for 1/3/80. He also asked about the progression of the Neighborhood Watch Program. Mayor Jacobs said he planned to attend a LEAA meeting in Price set up by the AOG in regard.to this program on January 9. There was much discussion concerning the legality of tic- keting people who park in the City Market parking lot now that visible signs have been posted there forbidding park- ing at night after store hours. Councilman Wiseman br- ought this up because he wanted to make sure people could legally be ticketed without fear of a suit against the City if it were not legal. Attorney Coffman said this would be trespassing, and you could not normally issue tickets on private property. He stated that for enforce- ment of this law, the private property owner and the City should enter into an agreement. Councilman Wiseman inst- ructed Mr. Koert to tell Police Chief Dalton not to issue tickets in the City Market parking lot. Mayor Jacobs had a letter from the Mayor of Orem urging Moab ity to adopt a resolution against HE 303, the Revenue and Approriations Limitation Law. A copy of the resolu- tion passed by Orem City was included. Purpose of the resolution is to deny the federal government this control of city government. Councilman Wiseman made the motion Moab City adopt the resolution as submitted by Mayor James Mangum of Orem, with the appropriate changes reflecting the City of Moab, and send it to the State representatives Councilman Tomsic seconded the motion; it was approved unanimously. (Resolution follows below) Councilman Tomsic questioned a few of the bills on the December 18 list, the main one being payment for mileage to Lynn Christensen for her personal vehicle. Mayor Jaco and Administrator Koert said this was for taking one of th City employees to a hospital in Price, and they had okayed this trip. Her mileage was also questioned on the Jan- uary 2 list of bills. Mr Koert said he was not sure what this was for, but thought she took her personal car to a seminar in Price, Utah. Councilamn Tomsic asked about a bill from Burroughs Corporation for maintenance of the Cit computer for $1,519.38. Administrator Koert recommended the City not pay this bill, because it was not mandatory, and since Burroughs had not' been keeping up with the main- tenance agreement by having a man sevice the machine. Councilman Tomsic made the motion the bills be paid with the exception of the Burroughs maintenance bill, seconded by Councilman Mcbougald, approved unanimously. Councilman Peterson made the motion for adjourment at 10:1 p.m., seconded by Councilman Wiseman, approved unanimously ATTEST: Ka en L .oursey, Deputy order RESOLUTION NO. 1-80 WHEREAS, the most representative form of democ- racy in the United States today is that type of government closest to the people: cities; counties; special distric s; and shcool districts; and eighborhood Watch Pro- gram questioned. Ticketing in City Mar- ket Parking lot quest- ioned. Adopted resolution ag- ainst the HE 303. Lynn Christensen mile- age bill & Burroughs s bill questioned the test approved. WHEREAS, local governments in the state of Utah are subject to the daily scrutiny by their constituency and must account for their activities on a more regular basis than any other level of government; and Adjournment WHEREAS, local government representatives are in the best position to determine whether or not tax limitati.n Res lation #1-80 coned .mandates are necessary within their respective jurisdiction; and Regular Meeting Minutes approved. Public Hearing. Proposed changes in th zoning ordinance. WHEREAS, attempts by higher levels of government to regulate the affairs of local governments have typically resulted in increased costs and decreased self -destiny deter- mination, many times' to the detriment of local tax payers; and WHEREAS, since 1964 the budget of the state of Utah grew at an appreciably higher rate than budgets of local units of government; and WHEREAS, the legislature of the state of Utah has adopted a revenue limitation .Bill that is restrictive, inefficient and unworkable in its application to local government; and WHEREAS, the Revenue and Appropriations Limita- tions Law imposes upon the will of the people in local govern- ment jurisdictions applications that could be adverse to the will of the people. NOW, THERFORE, BE IT RESOLVED, that the State Leg- islature in its 1980 budget session amend the Revenue and Appropriations Limitation Law to exempt local units of govern- ment from the limitation provisions set forth. BE IT FURTHER RESOLVED that the State Legislature endrose the right within general policy reasoning of local governments to determine their own destinies. BE IT FURTHER RESOLVED that the Legislature of the State of Utah henceforth consider all possible future legis- lation in light of the philosophy that government closest to the people is that government most responsive to the people. PASSED, ADOPTED AND APPROVED by the City Council of the City of Moab, Utah, this 2nd day of January , A.D. 1980. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Gregory Koert, Recorder CITY COUNCIL January 15, 1980 A regular meeting of the Moab City Council was held on the above date in the City Council Chambers, the meeting called to order at 8p.m. by Mayor Jacbos. Present were Councilmen Wiseman, Peterson, Tomsic, and new members Brewer and White. Also present were Administrator Koert, Attorney Coffman, Engineer Keogh, Chief Dalton, Inpsector Brundage, Treasurer McLeod, Secretary Honeycutt, and 11 citizens. The minutes of Wednesday, January 2, were corrected by Council- man Tomsic on Page 3, second paragraph from the bottom. A statement reading "Mr. Koert said he was not sure what this was for, but was aware that Chief Dalton sometimes had her run errands for which she took her own car." was changed after "what this was for," to read "but thought she took her personal car to a seminar in Price, Utah." Councilman Wiseman made the motion the minutes be approved with this correction, seconded by Councilman Peterson, approved unanimously. A public hearing was held for input on proposed zoning ordinance changes. Councilman Tomsic suggested in the future, the Council call a special meeting before a public hearing is set to more thoroughly understand what is to be discussed. Councilman Brewer suggested a Council member attend those Planning Commission and Board of Adjustment meetings when public hearings are scheduled, instead. The Council discussed and revised the proposed zoning ordinance canges for approximately two hours. A few minor revisions were made, and Mr. Koert said he would have the zoning changes retyped to reflect these revisions and bring them to the next Council meeting for final approval. 00 C) rq W Chief Dalton briefly explained to the Council the Neigh- borhood Watch, or "Hands Up" Program. He and the Mayor h recently attended a seminar in Price, which had better in formed them of the basics of the program. Chief Dalton said the program mostly involved concerned citizens getti together to know one another and develop an interest in each other. The Police Department would be involved by showing films, distributing literature, and explaining th program at neighborhood get-togethers. Mayor Jacobs sai first a public meeting would be set up, probably in Star Hall to accommodate a crowd, to introduce the program to Moab,scitizens. He said he would reserve Star Hall for th meeting, to be held in approximately a month. Councilman Wiseman made the motion the City go forward with the sett up of the Neighborhood Watch Program, seconded by Council White, approved unanimously. Chief Dalton also announced it was almost imminent the Police Department would be going to another radio frequen since their transmission wipe out radio transmissions in Price. He said the cost to transfer to another frequency would be about $100 per unit. Sheriff Nyland had recently informed Chief Dalton and May. Jacobs that boarding fees for City prisoners would be goi from $5 to $8 per day. Attorney Coffman said the legal documents regarding the tennis court resurfacing had been drawn up. The Council had made the motion in a previous meeting to approve thes but Mr. Coffman needed to make some changes and additions. It -was the concensus of the Council these had been re- written satisfactorily. (Agreement and Resolution follo RESOLUTION NO. 2-80 WHEREAS, it is the opinion of the City Council of the City of Moab that it is in the best interests of t City and toits mutual advantage to enter into an Agreeme with the Grand County School Diestrict pursuant to the Interlocal Cooperation Act and Title 17, Chapter 6, Sectio 22, of the Utah Code Annotated, 1953, as amended, and WHEREAS, the City Council dews it desirable to reduce said contract and understanding to writing pursuant to the terms therof, and in compliance with the Interlocal Cooperation Act aforesaid. 37 d Cheif Dalton presented Neighborhood Watch Program. g an NOW, THEREFORE, DE IT RESOLVED, that the City of Moab ratifies and approves that certain Agreement be- tween the City of Moab and the Grand County School Distric dated the 15th day of January , A:D. 1980 , per- taining to the City of Moab providing a method for effecti g the cooperation of the City of Moab and the Grand County chool District in deriving the maximum public use and ben- efit from certain tennis court facilities. BE IT FURTHER RESOLVED that the Mayor and Record er of the City of Moab be authorized to execute said Agree ment on behalf of the City of Moab. Passed unanimounsly at a meeting of the Moab Cit Council held on the 15th day of January , A. D. L9 80 CITY OF MOAB /s/ Harold Jacobs, Mayor ATTEST: /s/ Greg Koert, Recorder Mr. Coffman announced ther would have to be a public hear - in February to keep up with a June 4 deadline regarding th Federal Emergency Management Agency for flood plain map in surance. After the map has been drawn and advertised, th re is a 90-day period starting from the date of advertisement in which a public hearing must be held. Mr. Coffman reported some discrepancies in action taken re garding Duane Wimmer's Board of Adjustment application. H stated he had heard different things from different source , including Mr. Wimmer's attorney. Mr. Coffman said the ca e Transfer radio fre- quency. Boarding fees for prisoners will be goinll up. Tennis Court resurfac- ing. Public hearing concern- ing flood plain map. Duane Wimmer - dis- crepancies in his casE Duane Wimmer cont'd. would be looked into and questioning would be done of the persons involved. Resolution #3-80 needs to be drawn up. Draw up contracts Adm. Koert proposed the purchase of a new compu- ter. The City to pay $200 for prize winners in th Christmas parade. Periodic checks on per- 3onnel policies. Jim Nyland nominated for Outstanding Elect- ed Officials. City Market Parking lot issue. Increase pick-up fee fo dogs. City Council requests copies of bids submitte on various projects. Administrator Koert said a resolution would need to be drawn up in regard to liquor law enforcemnt appropriations. Mr. Coffman said this should be Resolution #3-80, and that there should'be a resolution in the files from the past, even though Mr. Koert said one had been searched for, but none yet located. The Administrator also asked Attorney Coffman if he would draw up some contracts between the City and individual professionals which they employ, i.e. attorney, accountant, auditor, garbage collector, etc. Mr. Koert announced that he, together with Treasurer McLeod, had come up with a plan for a new computer in the City offices to speed up the accounting processes. He stated their pre- sent Burroughs posting machine had been used for nine years, and was obsolete. The Council had received a memo from Mr. Koert prior to the meeting outlining the pros and cons of go- ing computer. Mr. Koert said he would like to bring a pro- posal for the computer to the next Council meeting so the Council would have a cahnce to better study the situation. He said in choosing such a computer, its being able to handle the work load anticipated for at least the next ten years would be an important factor. Mayor Jacobs said he would like to see Councilmen White and Tomsic and Accountant Ed Claus in on the planning for such a computer. The Council agreed to consider a proposal at their next meeting. Councilman Peterson said he had forgotten to make a request to the City in behalf of Judy Carmichael, who had requested $200 for prize winners in the Christmas parade. There were four categories, and each winner would receive $50. Council- man Wiseman made the motion the City contribute $200 for the Christmas parade prize winners (to come out of the Community Affairs budget), seconded by Councilman Tomsic, apporved unan- imously. Councilman Peterson said he would contact Adminis- trator Koert the following day with the names of the prize winners, so cheks could be made out to them. Councilman Tomsic said she would be starting to do periodic checks to see that personnel policies and procedures were being followed. It was requested this topic be put on the agenda for the next meeting. Councilman Tomsic announced that Sheriff Jim Nyland had been nominated for the outstanding elected official award in the State, and felt it would be a good gesture if the City wrote him a letter congratulating him on this nomination. She also asked Attorney Coffman for a clarification of a statement in the last meeting he made in regard to issuing tickets in City Market parking lot to people who park there after store hours. He said the con fusion concerned the differences between "parking illegally" and "trespassing." He said for parking illegally, arrests could be made, and for trespassing, a summons could be issued if the property was reasonalby posted stating no trespassing was allowed. Increasing the pick-up fees for dogs at the pound was sug- gested by Councilman Wiseman. He suggested the fees be in- creased from $5 to $15 for the first offense, $10 to $20 for a second offense, and from $20 to $30 for the third and each consecutive offense after that. Attorney Coffman said this would call for an amendment to the dog ordinance. Coun- cilman Wiseman asked Mr. Koert to find out if the change would need to be in the form of a resolution or an ordinance. There was some discussion concerning bidding on City projects. Councilman Wiseman made a motion stating when the City re- quests bids on projects requiring an outlay of City funds, the specifications on the project shall be submitted to the City Council at the regular meeting prior to time of advertisement. Councilman Tomsic said the motion should include plans, as well as specifications. Councilman Wiseman agreed to this suggestion. Councilman Tomsic seconded the motion, approved unanimously. Mayor appointed Council Mayor Jacobs made Council appointments to three boards: Council - to three boards. man White to serve.-on'the Museum Board, Councilman Brewer to serve on a board for the refurbishing of homes for the el erly, and Councilman Tomsic to serve-on'the Recreation Board. Council membernlp- ointed to Boards - con tinued. Mayor Jacobs had a copy of a sample resolution from the Utah League of Cities and Towns to oppose HB 303, an appro riation limitations bill. Since the Council had already passed Resolution #11-80 im the last meeting opposing this bill, it was the concensus that this copy should be sent to the State, rather than the one from the League of Citi-s and Towns. The Mayor said he would have a copy of the re olution sent to Senator Bunnell and Representative_Garr. Councilman Wiseman asked if from now on a departmental ex- pendiutre total could,be included with the bills, in order to better see how th budget is going along. He made the motion the bills approved as presented, seconded by Counci man Peterson, approved unanimously. Councilman Wiseman moved for adjournment at 11:25 p.m., seconded by Councilman White, approved unanimously. ATTEST: APP 0 D: rold Clirsey, Deputy Re CITY COUNCIL February 5, 1980 Mayor Sample resolution of Utah League of Cities opposing HB 303. Bills approved. The Moab City Council met in regular session on the above Regular meeting. date, the meeting called to order by Mayor Jacobs at 8 p.m Present were Councilmen Tomsic, Peterson, White, Brewer, and Wiseman, Administrator Koert, Attorney Coffman, Police Chief Dalton, Engineer Keogh, Building Inspector Brundage, Treasurer McLeod, and Secretary Honeycutt. Several other City employees also attended this meeting, and were includ d in the count of 20 citizens present. The January 15 meeting minutes were approved as presented Minutes approved. by motion from Councilman Tomsic, seconded by Councilman Wiseman, approved unanimously. The signing of the January 21 executive meeting minutes was approved by, motion from Councilman Wiseman, seconded by Councilman Brewer, approved unanimously. Four bids for the new City shop addition were received and Bids for new shop opened. The following amounts were bid: addition. Vinco Construction $21,649 J. W. Nelson Construction 24,850 J. & S. Construction 25,700 A. L. Berna Construction 29,615 Mayor Jacobs requested the Council make an indication of the bid awarding on,the basis that he, along with the Ad- ministrator and Building Inspector, go over the bid and compare it with the plans and specifications. Councilman Wiseman made the motion the Council accept the recommenda- tion of the Mayor and award the bid to the low bidder, Vinco Construction, if it is accurate based on the plans and specifications. Any variations would constitute non- acceptance Of the bid. The motion was seconded by Counci man Tomsic, approved unanimously. Compliance with Personnel Policies and Procedures was the next topic discussed by Councilman Tomsic. She stated compliance was better now than previous to July of the pas year. She mentioned the number of payroll and record abuses in each department. Councilman Tomsic requested t e Mayor set a date and time for the holding of an executive meeting in regard to these Policies and Procedures. It was the concensus of the Council the meeting be held the following Thursday evening, February 7, at 7 p.m. Executive Meeting's minutes approved. New Shop Addition bids Coned. Meeting for Personnel Policies & Procedures set for 2/7 at 7p.m. Zola. ordinance con- cerningtrucking com- panies. Zoning Ordinance Change Final approval of the Zoning Ordinance revisions was made by the Council. Councilman Wiseman questioned trucking companies being required to have Board of Adjustment appro- val when many other types of businesses going into a C-2 zone did not have tohavethis approval. Inspector Brundage said the basis for this requirement is that trucking companies are a very different type of business and require special considerations. Attorney Coffman agreed with this reasoning and said even though some trucking companies vary (i.e. U.P.S. vs. a propane -hauling company), all should go before the Board individually for this permission. Councilman Wiseman made the motion the Zoning Ordinance revisions be approved as pre- sented and go on record as part of these minutes, seconded by Councilman Brewer, approved unanimously. (These changes are not attached, but will be filed with the permanent record of the minutes.) ZONING ORDINANCE CHANGES SECTION 22-3. APPROVAL OF PLAT REQUIRED PRIOR TO RECORDATION. No plat of a subdivision of land lying wihtin the City shall be filed or recorded in the County Reocrder's office until it shall have been submitted to and approved by the Zoning Admin- istrator, City Engineer, City Attorney, the planning Commission and the City Council in accordance with this chapter, and such approval entered in writing on the plat by the secretary of the Planning Commission and the clerk of the City Council. The filing or recording of a plat of a subdivision without such approval shall be void. (page 175) SECTION 22-11 FILING; SUBMITTAL TO UTILITY COMPANIES. At least two weeks prior to a public hearing before the Plan- ing Commission, 4 (four) copies of the preliminary plat of a proposed subdivision shall be submitted to the City Adminis- trator. The subdivider, within 7 (seven) days thereafter, shall provide one copy of the preliminary plat, together with a form to be supplied by the City Administrator, to each of the utility companies involved. The utility companies may then inspect the plat and the site, making comments con- cerning the placement of easements, etc., on the form provided and, where necessary, sketching recommended alterations on a copy of the plat, and transmit the plat and recommendation form directly to the City Administrator, prior to the time of the public hearing. (R.O. 1958, 4-5-2) (Page 176-177) ARTICLE III. FINAL PLAT. SECTION 22-15 FILING Within one year after receiving approval of a preliminary plat of a subdivision and at least one week in advance of a Planning Commission meeting, the original tracing and three copies of a final plat of such subdivision shall be submitted to the City Administrator for final approval and one copy to be sub- mitted to the City Engineer for final inspection. (R.O. 1958 4-5-2) (Page 178) SECTION 22-22 STREETS (a) Streets'in a subdivision shall bear a logical relationship to topography and to the location of exist- ing or platted street in adjacent properties. (b) Streets, utility rights of way and public open spaces shall conform to approved plans for the extension of such public facilities. (c) Minimum street widths shall be as follows: (1) Arterial streets, eighty-six feet; sixty-six feet curb to curb. (2) Secondary streets, seventy feet; fifty feet curb to curb. (3) Local or minor streets, sixty feet; forty feet curb to curb. (4) Fire hydrants, utilities outlets, tele- Zoning OrdinancAcont'd phone poles shall not be located in sidewalk right of way. (d) Dead-end streets shall not exceed four hundred feet in length; a cul-de-sac with a minimum radius o fifty feet shall be provided; diameter of eighty feet curb to curb. (e) Whenever possible, streets shall intersect at right angles. Where streets meet at acute angles, a reasonable street corner radius is required. (f) Half streets will not be accepted by the City as dedicated property. (g) Street grade limits shall be as follows: (1) Arterial streets, minimum grade 0.5%, max imum grade 5.O%. (2) Secondary streets minimum grade 0.5%, max imum grade 7.OZ. (3) Minor streets minimum grade 0.5%, maximum grade 10.0%. O (h) Streets shall be leveled, when possible to a g .de of less than four per cent for a distance of at leas GLI one hundred feet approaching all intersections. (i) All streets shall be constructed with a base - course -and bituminous mixed surface, or equivalent, An accordance with the City specifications for stree and road construction, which are on file in the offi of the City Engineer. (R.O. 1958, 4-5-5; Ord. No. 3-69, Section 1) SECTION 24-3 MOBILE HOME PARKS 115 OF PART B. REQUIREMENTS AND STANDARDS #5 Not less than 15% of the gross area of the moblie home park shall be developed into a park and playspace for co1III .n use of the occupants. Such park shall be located as nea to the center of the mobile home park as good design will allow. Also, the land area not contained in a park, mob ie home site, road or vehicular parking space, shall be land- scaped for the common use and enjoyment of the occupants of the mobile home park. The land covered by vehicular roadways, sidewalks, off-street parking and landscaped ar-:s surrounding mobile home spaces which are pertinent to eac mobile home, and devoted to service facilities shall not be constructed as being part of the area required for par and playgrounds. (Page 191) #8 OF PART B. REQUIREMENTS AND STANDARDS. #8 A11 mobile homes and add-ons shall be set back at least 12 (twelve) feet from all roadways. Also a strip ofland at least 15 feet wide aurroundingthe mobile home park shalt be left unoccupied by mobile homes and shall be planted and maintained in lawn, shrubs or trees designed to afford privacy to the development. (Page 192) 1i15 OF PART B. REQUIREMENTS AND STANDARDS 1i15 Off-street parking shall be provided at the rate of t parking spaces per mobile home space contained within the mobile home park. And shall be contained within each mobile home space served. (Page 193) SECTION 27-3-24 LANDSCAPING SPECIFICATONS The purpose of the landscaping requirements in this Ordin- shall be to enhance, conserve and stabilize property value: by encouraging pleasant and attractive surroundings and thus create the necessary atmosphere for the orderly devel p- ment of a pleasant community. Landscaping also contribut-s to the relief of heat, noise and glare through the proper ZOlkg Ordijnance cont d placemant of green plants and trees, and other commonly accepted forms 6f landscaping. (Page 241) SECTION 27-4-4 ANNEXATIONS A11 land hereafter annexed to the City shall conform to the Utah State Local Boundary Commissions Act of 1979. SECTION 27-4-5 AMENDMENTS TO ORDINANCE AND MAP (B) Prodcedure: Any person seeking an amendment of this Zoning Ordinance or Map shall submit to the City Administrator a written petition designating -the change desired and the reasons therefore and shall pay a filing fee of fifty dollars ($50.00) to the City upon receipt of the petition and the paying of the filing fee. The Planning Commission shall consider the request and shall certify its recommendations to the City Council with respect to the request within thirty (30) days from receipt of the request. Failure on the part of the Planning Commission to certify its recommendations to the City Council within thirty (30) days shall be deemed to constitute approval unless a longer period is granted by the City Council. The fee required herein shall not be returned to the applicant. The Planning Commission or City Council may also initiate amendment to this Ordinance. (Page 249) SECTION 27-8-2 USE REGULATIONS (CC) Trucking companies subject to Board of Adjustments approval. (DD) Other uses similar to the foregoing uses which are ruled by the Board of Adjustments to be in harmony with the intent of this Zone. (Page 255) SECTION 27-11-2 USE REQUIREMENTS (f) Motels and hotels. (page 259) SECTION 27-15-1 OBJECTIVES AND CHARACTERISTICS OF ZONE The objective in establishing the R-1 Residential Zone is encourage the creation and maintenance of residential areas within the City which are characterized by large lots on which single-family dwellings are situated, surrounded by well -kept lawns. trees and other plantings, or other normally accepted landscaping. A minimum of vehicular and pedestrian traffic and quiet residential conditions favorable to family living and the rearing of children shall also be characteristic of this Zone. (Page 265) SECTION 27-17-2 USE REQUIREMENTS (A) Any use permitted in the R-1 and R-2 Residential Zones. (Page 269) SECTION 27-20-2 PERMITTED LARGE SCALE DEVELOPMENTS (C) Planned Unit Developments or Condominiums (see Article XXIII of this Ordinance). (Page 274) SECTION 27-21-2 PRELIMINARY PLANS AND DOCUMENTS (A) Plan Requirements: Three (3) copies of a preliminary plan must be submitted to the Zoning Administrator at least two(2) weeks prior to the meeting of the Planning Commission at which the plan will be considered. The preliminary plan shall be drawn to a scale not smaller than one inch equals one hundred feet (1"+1001) or as recommended by the Zoning Administrator and shall show the following infor- mation' (Page 275) (B) 17. Offstreet parking shall be provided at the rate of two (2) parking spaces per mobile home space and must be contained within the mobile home space served. SECTION 27-22-2 PLAN AND PERMIT REQUIREMENTS Any person wishing to construct a recreational vehicle court shall prepare a plan therefore and submit the same to the Zoning Administrator. Before a permit can be issued for Zoning Ordinanceat'd any construction connected with a recreational vehicle court, the prans,must be approved as hereinafter set forth. No construction connected with said recreational vehicle court shall be commenced until a valid permit has been obtained therefore. (A) 1. The topography represented by contours shown a no greater intervals than two feet (2') when required by the Zoning Administrator. (Page 281) (B) 9. Zoning Administrator (Page 282) SECTION 27-23-2 PROCEDURE Any person wishing to construct a planned unit developmen shall obtain from the Zoning Administrator information pertaining to the City's plan of land use, streets, publi facilities and other requirements affecting the land to b developed. The developer shall then prepare plans and obtain approval thereof as hereinafter set forth. (Page 283) SECTION 27-23 -3 PRELIMINARY PLANS AND DOCUMENTS (A) Vicinity Plan; Environmental Analysis: The develop-r O shall prepare a vicinity plan which shows a simple sketch of the major features of the development in relation to ri existing conditions and planned development within one- fourth (4) mile of the outside boundaires of the develop- W went and shall submit the same to the Zoning Administrator, together with an environmental analysis. The Plan may.be a pencil sketch or may be made directly on an aerial photo graph. (Page 283) (B) Preliminary Plan: Upon approval of the vicinity plan by the Zoning Administrator, the developer shall then prepare a preliminary plan and shall submit_five (5) copies of the same to the City Administrator. Said plan must be submitted at least two (2) weeks prior to the meeting of the Planning Commission at which the plan will be conside ed. An administrative fee of forty dollars ($40.00), plus one dollar ($1.00) for each dwelling unit within the develop- ment must accompany the preliminary plan. (Page 284) (B) Topography shown by contours at no greater interval than two feet (2') except that a greater interval may be permitted when specifically authorized by action of the Zoning Administrator or his authorized representative. (Page 285) (B) 25. Any other information which the Zoning Adminis trator or Planning Commission considers necessary to enabl the Planning Commission to determine whether or not,to recommend the plan to the City Council. (Page 285) (C) 4. A planned unit development may also include oth-r facilities for_the-convenience and pleasure of those re- siding in the development, including such facilities as golf courses, swimming pools, recreation building, play- groudd-facilities, winter sports facilities and similar facilities, for the exclusive use of the occupants of the development except that'golf and winter sports facilities may be open to use by the public. (Page 286) (D) 11. Not less than five percent (5Y.) of the gross area of the planned unit development shall be retained in permanent open space, parks and playgrounds, for the use o the occupants of the planned unit development. Land pro- posed to be devoted to vehicular streets or roads, parking driveways, required setbacks and slopes greater than twent - five percent (25%) shall not be included in the computatio s of open space, park or playground area. (Page 288) SECTION 27-23-8 FINAL PLAN AND APPROVAL (H) A copy of protective covenants, articles of incorpor ation, association or condominiums, bonds and guarantees, as required by the Zoning Administrator and/or the City Attorney. (Page 291) 44 Zoning Ordinance cont' Emergency Meeting Emergency meeting. Meeting re: County's withdrawal from AOG. Hillside water tank be- ing serviced. Trim tree near Virginia Motel. Council moved to execu- tive session. Regular meeting resumed Meeting to discuss Per- sonnel grievances. City Administrator Greg Koert resigns. SECTION 27-23-12 GUARANTEE OF PERFORMANCE (B) The applicant (owner) of any planned unit develop- ment which is being developed as a condominium project under the'provisions of the Condominium Ownership Act of Utah, or subsequent amendments thereto, shall prior to the conveyance of any unit submit to the Zoning Adminstrator a Master Deed consisting of a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Said Master Deed shall include management policies which shall set forth the quality of maintenance that will be performed and who is to be responsible for said maintenance within said condominium development. Said document shall, as a minimum, contain the following. . . .(Page 292) SECTION 27-24-2 REGULATIONS (B) 1. A11 lots within mobile home subdivision shall have a width of at least seventy-five (75) linear feet and an area of at least seventy-five hundred (7500) square feet: (Page 295) (B) 3. All mobile homes placed in mobile home subdivi- sions within Moab City shall conform to the HUD Mobile Home Standards and Utah Seal Of Approval. CITY COUNCIL Emergency Meeting February 12, 1980 An emergency meeting of the Moab City Council was called by Mayor Jacobs on the above date at 1 p.m. in the City Council Chambers. The media were notified of the meeting a few hours beforehand. Those present in addition to the Mayor were Councilmen Peterson, Brewer, White, Wise- man, and Tomsic. Also present were Administrator Koert, Attorney Coffman, Chief Dalton, Secretary Honeycutt, and approximately 15 citizens and City employees. Mayor Jacobs announced the Association of Governments would be down Thursday at 8 p.m. to talk to the Council and citizens about the County's withdrawal from the AOG. The Mayor also announced the City crews had recently drained and were cleaning out the hillside water tank. He said it would probably need to be sandblasted and paint- ed next spring. Mr. Red Stweart, a concerned citizen, had talked to the Mayor about having a large cottonwood tree on City property near the Virginian Motel topped and trimmed in order to reduce the chance of accidents from falling branches. The Mayor said Mr. Stewart had a company in mind which would do the job for $300, and wondered if the City Council would authorize this expenditure. It was the concensus of the Council to pay for the tree trimming and topping. At this point, Councilman Wiseman made the motion the Council adjourn to executive session, seconded by Councilman Tomsic. A roll call vote was taken, and the motion was approved unanimously. The Mayor said the regular meeting would resume directly following the executive session, which be- gan at 1:10 p.m. The regular meeting resumed at 2 p.m., where decisions made in the executive session were announced. Mayor Jacobs announced a meeting would be forthcoming for the Utilities and Administrative Departments to discuss personnel grievances. Following receipt of a letter of resignation from City Administrator Greg Koert, the Council took action in the executive session. A motion made in this executive sess- ion was read aloud by Mayor Jacobs and staes: By motion duly made, seconded, and unanimously resolved: The City Council acknowledges the tender of resignation, dated February 12, 1980, of the City Administrator, Resignation contsd'. to be effective April 1, 1980; however, C7 o r4 DJ ELI The City Council elects not to extend the employment of the City Administrator beyond his probationary period, which ends February 20, 1980; accordingly, the City Administrator is relieved immediately of hi duties as City Administrator and Recorder, with his compensation to -include termination pay „from Februar 21 through February 29, 1980. Councilmen Brewer and White attended a workshop Friday, February 8, for the purpose of hearing grievances from members of the Police Department. Councilman White read aloud a memo from the City Attorney, acting for the Moab City Council, to the Police Chief and officers of the Police Department. Six problem areas were discussed in the memo, these six being 1) Favoritism in the treatment of persons charged, 2) Council interference with the Police Department, 3) Inadequate pay, 4) Injustices in the relative pay positions within the Police Department, 5) Mechanical condition of police vehicles, and 6) Com- plaints regarding hiring procedures. Mr. Larry Hill, of KURA Radio, asked when the Police De- partment could expect to receive the pay adjustments for injustices in relative pay positions outlined in Item 4 of Mr. Coffman's memo. Police Chief Dalton was,direeted to make investigations of these injustices and then reco- mmendations to the Council. Sergeant Alan West asked the Council for an idea as to length of time before something would be done about the inadequate and limited office apace of the Police Depart- ment. Councilman Wiseman explained there was no way the could give Mr. West a definite time estimate for action i the matter, but said they were aware of the problem. Mrs. Marilyn Cooper suggested to the Council if coming up with money for the Police Department for raises and adjust meats was a problem, the Council should cut back on dona- tions for fireworks, equipment for the Recreation Board, ect. She said she felt the citizens would rather be ass- ured of a secure Police Department and know they were mak- ing a living wage, and give up some of the donations to groups and clubs. Mayor Jacbos said this would be one of the things that would have to be done to have enough money for increased Police salaries. City employee Mike Adams said it should be not only the Police Department considered for wage increase, but the other departments as well. He was advised there would be no discrimination, and all City employees would receive salary increase, if possbble. City employee Jim Griffin inquired about the setting up of the workshop for the Utilities Department. He was told a workshop would be held at the convenience of the employees and Councilmen Brewer and White as soon as possible, but since both Councilmen had other jobs, this was sometimes difficult. As no other personnel matters were brought up, Mr. Les Erb recommended the City plan to sealcoat the streets, since he had talked to someone aware of this problem, who said the streets would fall apart in 1 matter of time if neg- lected. The Mayor said he was aware of this and was try- ing to get something worked out. Mr. Bob Westwood of the County Road Department was also expected to appear at the next regular meeting to discuss this. Councilman Tomsic moved for adjournment at 2:40 p.m., sec- onded by Councilman Wiseman, approved unanimously. AP: OVED: Harold rec•,a, yor ATTEST: Workshop attended by Councilmen re: Police Department. Larry Hill, KURA, asked about pay adjustments for the police deptmnt. Srgt. West asked about more office space in Police Deptmnt. Mrs. M. Cooper suggested cutting back donations to Rec. Dpt.and equip. and that money go to till Police Deptmnt. Mike Adams, employee, was assured not only PD would receive salary increases. Jim Griffin inquired about setting up a Workshop for Utilities Department. s Sealcoat city streets Meeting adjourned. KarAn L. Cursrv. pnntx` cnrder 46 CITY COUNCIL February 19, 1980 Regular Meeting. Minutes corrected and approved. Minutes coreected and approved from the emer- gency meeting. Request by R. Rasmussen to be hooked -up to City Water. Rand Taylor concerning Sunshine Law, re: open & closed meetings. Council stated that dosed meetings were of expediency not hiding their activivites. Media re: open and closed meetings - cone Mr. Claus, City account ant, discussed the budget. A regular meeting of the Moab City Council was held on the above date in the City Council Chambers, Moab City Hall. Mayor Jacobs called the meeting to order at 8:01 p.m. Present were Councilmen Brewer, White, Peterson, Wiseman, and Tomsic, Attorney Coffman, Engineer Keogh, Police Chief Dalton, Accountant Ed Claus, Treasurer Mc Leod, Secretary Honeycutt, and 18 citizens. A minor typing -error in by Councilman Tomsic on was changed to "the". the minutes of February correction, seconded by unanimously. the February 5 minutes was noted Page 2, Paragraph 2, and a "that" Councilman Tomsic made the motion 5, 1980, be accepted with this Councilman Peterson, approved Two corrections were made to the minutes of the emergency meeting of February 12. In the motion on Page 1, second paragraph from -the bottom, the effective date for Administra- tor Koert's resignation was changed from February 29, 1980 to April 1, 1980. On Page 2, Paragraph 3, the sentence beginning "Police Chief Dalton was directed . . " was de- leted to the end of the sentence starting with". . . and Mr. Hill was told . . ." Councilman Tomsic amde the motion the minutes of the February 12 meeting be approved with these corrections, seconded by Councilman Peterson, approved unanimously. Mr. Rex Rasmussen, a County resident living on River Sands Road, requested he be hooked up to City water. He said he had looked into drilling a well, but was told the water was brackish and would not be up to standards for culinary pur- poses. He said he would be willing to annex into the City, however, his property is not contiguous to the City Limits. Mr. Rasmussen said he had talked to Dave Bretzke of the Water Conservancy District, who said the District was not planning to supply water to his area at any time. The Council said they would not lift the moratorium they had placed on City water hook-ups to County residents. Mr. Doffman suggested Mr. Rasmussen look into the possibility of annexing into the City. Mr. Rand Taylor, president and general manager of KURA Radio, read a statement to the Council concerning the City's compliance with state laws regarding open and closed meet- ings. He urged the Council to comply with the "Sunshine Law", and stated the Utah Broadcasters Association might be forced to take action. He stated several closed meetings had been conducted recently, and the press had had trouble getting information regarding these meetings. However, he expressed a desire to work with the City in getting complete and concise information for the benefit of everyone. Councilman Peterson stated that in his seven years as a Council member, it was never the intention of the Council to hide their activities, but rather, the meeting had been con- ducted as a matter of expediency. Councilman White agreed with Councilman Peterson, and Councilman Brewer expressed a desire to work with the media and follow the rules and reg- ulations. Councilman Wiseman asked what action could be taken if a public official were misquoted. Mr. -Taylor said the official would be protected under State laws and could sue. Mr. Ed Claus, the City accountant, presented a six-month review of the 1979-1980 budget for July through December. He first clarified some amounts under question that had been printed in the paper as a quote from former City Administra- tor Greg Koert. The review was fairly lengthly, as Mr. Claus reviewed many sections of the budget. Much of the discussion concerned payroll and fringe benefit amounts and the feasibility of salary adjustments,. 'It was the conclusion fo Mr. Claus that the City was operating at a reasonable spending rate, and less than the first six months of last fiscal year. The possibility of having quarterly budget meetings was also discussed. Mrs. Mary Mahoney of Mahoney Cehvolet-Pontiac presented t the Council a "Police Package" booklet in light of the re cent problems the Police Department was having with their vehicles. She said the package includes options for the police cars, such as heavy-duty batteries and ties. She said she had been upset by the recent article in the pape about the problems the cars were having, and wanted to ma the Council aware of this package especially for police cars, since they have heavier wear and tear than the sten and car: Councilman Peterson made a motion in view of discussion o the six-month budget review, and in view of the recent circumstances with City employees, to grant the employees a 10 percent raise, effective March 1, in addition to the benefits that would automatically go with such a raise. Councilman Tomsic agreed with a raise in pay for the em- ployees, but said she thought it should be an equal dolla amount for all employees out of fairness, and alos to keep thepay sacle chart in line. There was some discussion o this as opposed to the percentage increase. Councilman Peterson withdrew his motion and made another motion. This motion was that he be appointed a liason between the City Council and the Police Department. Councilman White seconded the motion, but it was noted that it should be the Mayor that makes appointments. This motion was also withdrawn, and the Mayor made the appointment of Council- man Peterson as liason between Council and Police Depart- ment. Councilman Tomsic made the motion that according to Per- sonnel Policies and Procedures and the July 3, 1979 minute all improper raises given during that period be properly adjusted to the correct salary according to Section 13 of the Policy Manual, effective March 1, 1980. The motion was seconded by Councilman Wiseman, approved unanimously. Councilman Tomsic made another motion that Sergeant Alan West be raised from Grade 17, Step 1 to Grade 17, Step 2, instead of Grade 17, Step 3, as requested by Police Chief Dalton. The motion was seconded by Councilman Peterson, approved unanimously. Another motion was made by Councilman Tomsic that Police Officer Fred Gay be raised from Grade 14, Step 3 to Grade 14, tep 5, seconded by Councilman Brewer, approved unani- mously. And finally, Councilman Tomsic made the motion that, effec tive March 1, the granting of a $100 increase in each sal- ary step on the classification chart for all regular, full time employees, seconded by Councilman Wiseman. Council- man Wiseman asked exactly what this increase would be con- sidered. Councilman Tomsic replied it was an adjustment, and not a raise. The Mayor called for a vote on the moti and it was approved unanimously. The Mayor said a meeting on the Neighborhood Watch Program Neighborhood Watch Proms was to be held in Price February 21, at 9 a.m., and invite gram meeting in Price. any Council members to attend. He said the cost of fundin for the program was going to be $280. The Council felt this was a worthwhile cause, but thought it would be bette to attend the meeting in Price before paying the $280. Police Chief Dalton said he appreciated the efforts of the Council in the action they took for the salary increase to ehlp resolve the grievnaces of the employees. Engineer Keogh suggested the City be the agent in purchas- ing fire hydrants in the City, especially with regard to a certain brand so they would all be the same. The Mayor said the City could even keep a few of a particular brand in stock and make them available at cost to subdividers. Mary Mahoney prated a booklet about police cars. A 10 percent raise was approved. Councilman Peterson was appointed liason between the Police & the Council. Improper raises be ad- ,justed according to the Policies and Procedures Sergeant West was raises from Garde 17, Step 1 tc Garde 17, step 2. Officer Gay be raised also. Attorney Coffmnn told the Council they needed to designate someone as acting recorder to sign checks in the case of Deputy Recorder Karen Coursey's absence. There was some discussion as to who would be the best person to appoint. $100 salary increase granted. n, Police Chief thanked Council for efforts made for salary increase Eng. Keogh suggested the City stock fire hy- drants. Att. Coffman suggested someone be appointed to sign checks in Karen's absence. 48 Councilman Brewer c.as di.pointed as Recorder in Karen's absence. Question concerning businss license for Kirby Vacuum repairman Duane Wimmer case. Councilman White attend Utility Department meet ing. Discussion re: Personne Policies Manual. Admin. meeting this wee Computer committee deci led to wait on computer. Concrete problem in :ourt. Retaining wall for Rus- sells. Shop employee without drivers license. Monthly reports re: Personell Manuals. Land aquisiton for Pot- ash development. Intentions of Council re: hiring new Adminis- trator. Att. Coffman suggested Administrator and Recor er be separate Sobs. Councilman Peterson made the motion that Councilman Brewer be appointed as the acting recorder, with Karen Coursey as deputy recorder, seconded by Councilman Tomsic. A voice vote was taken and the motion approved unanimously. There was some question,as to the type of business license to be given to a Kirby Vacuum repairman traveling to the area from another town. The Council said he could avoid paying $500 for a transient merchant license by operating his business through -a local merchant, such as Gambles. Mr. Coffman reported the law suit against Mr. Duane Wimmer to move his house on Fourth North had been filed that day. He will be given a reasonable time to comply before the City can take action, and he would be subject to imprison- ment for failure to comply. Councilman White gave an informal report to the Council on the meeting held with the Utilities Department. It was recommended a supervisor be appointed to that department. There was some discussion on the Personnel Policies and Procedures Manual, the availability of copies, and the updating of ,the Manual. It was pointed out that several of these -Manuals were missing and some had not been updated. Councilman Tomsic made the motion some more hard loose-leaf notebooks be acquired, and funding for correcting this be made available so that a Manual could be put in each depart- ment, seconded by Councilman White, approved unanimously. .It was mentioned a meeting for the Administration Depart- ment would be set up, probably this week. Councilman Wiseman said the committee appointed to look into purchasing a computer for the City offices had decided not to engage the use of one at the present time, but would leave it open for consideration in six months. He said he hoped there would be from $10,000 to $16,000 reserved in the FY 1980-1981 budget for this purpose. Councilman Wiseman reported that Building Inspector Larry Brundage had informed the City on concrete problem pro- ceedings. He said it was in the courts in litigation at present, and that things should be solved in approximately three weeks. Councilman Wiseman also stated that nothing had been done to the Russell residence in building the retaining wall there to prevent erosion to the Russell property from drainage. The case of a City shop employee not having a drivers license was mentioned by Councilman Wiseman. Mayor Jacobs said he was aware of this, and that this employee should be getting the license back in April. Council Wiseman asked Councilman Tomsic if she planned to continue her monthly reports on Personnel Policies and Pro- cedures. She said yes. Councilman Brewer stated he and Councilman White would be helping in this area. Councilman Wiseman announced the State Land Board was look- ing for citizen support in lieu of land acquisiton for proposed potash development. He encouraged the Council to attend a meeting on the subject the following day. Councilman Peterson asked the intentions of the City Council in regard to hiring a new City Administrator. He suggested advertising for the position. This was agreed upon, as well as looking at the old applications on file. It was suggested the salary also be raised in order to attract well -qualified peoPle who would want to stay with the job. Councilman Wiseman suggested $24,000 as a top figure. Attorney Coffman suggested having the position of City -Administrator and Reocrder separate. Councilman Peterson disagreed with this. The motion was made to stark advertising for new Administrator. Councilman Tomsic made the motion the City advertise for the position of City Administrator/Recorder, and advertise the starting salary as $24,000, with the applications to be reviewed in a month, seconded by Councilman Peterson, approved unanimously. Advertise for nel kd- ministrator, cont'd. The City might lose a $50,000 amount set aside for them i they do not decide on a use for the money in regard to garbage disposal. Councilman Tomsic said this was the opinion expressed to her by Mr. Pete Parry of the Park Service. She suggested this amount be used in developin the landfill. Councilman Tomsic made the motion the Council appoint Councilman Wiseman to get ahold of the State Department regarding this, then proceed with the action, so the disbursements could be made, seconded by Councilman White, approved unanimously. Mayor Jacobs had received a letter and the signed contrac for the resurfacing of the tennis courts from Mr. Geroge McDonald. Mr. McDonald had made a few changes in regard to removal of net and fence posts. He also requested the City pay the cost of the bond insurance, an amount of $360. Councilman Tomsic made the motion the City pay half the amount of the bond insurance, with the school district to pay the other half, this amount to come out of revenue sharing, seconded by Councilman Wiseman, app- roved unanimously. The Mayor suggested $1,000 be put in to an escrow fund for the purchase of nets, posts, lights etc. The mayor reported the hillside water tank had been draine and inspected, and it had water blisters. He recommeded the City think about getting a contract for the sandblast ting and painting of the tank. An amount of $7,411.25 was requested by the Mayor to be added to the Revenue Sharing fund amount of the bills for payment for a new tractor for the City parks, which was to be delivered the following week. Treasurer McLeod mentioned since the tractor and been bidgeted for under the general fund, there would have to be a public hearing ro use Revenue Sharing funds. The Mayor said he would see to the advertising for the public hearing. Attorney Coffman advised the media there might be an emer gency- meeting at 7:30 p.m. before the next regular meeti Councilman Wiseman made the motion the bills be approved, seconded by Councilman Peterson, approved unanimously. Mayor Jacobs adjourned the meeting at 12 Midnight. APP D: ATTES Mayor Ka en L. C ursey, Deputy rder CITY COUNCIL March 4, 1980 A regular meeting of the Moab City Council was called to order at 8:08 p.m. by Mayor Jacobs in the Council Chamber Moab City Ha11, on the above date. Present were Council men Brewer, Wiseman, and White, Attorney Coffman, Enginee Keogh, Police Chief Dalton, Treasurer McLeod, and Secre- tary Honeycutt. Twelve citizens were also present. Councilman Wiseman made the motion the minutes of Februar 19, 1980, be approved as submitted, seconded by Councilma hite,-approved unanimously. A public hearing was held to approve the new animal retr val fees as suggested at the last regular meeting. Thes fees were $5, $15, and $30 respectively for first, second and third offenses, with a $30 fee for each consecutive offense. Councilman Brewer made the motion these amount be accepted to be put in resolution form, seconded by City chances to lose money f/ garbage dis- posal if not decided. C6ntract signed by Mr. McDonald on tennis Cts. Hillside tank drained - needs sandblasted and painted. New tractor requested for -use at the parks. Possible emergency meet• g.ing before the next meeting. Bills approved. Meeting adjourned. Regular Meeting Minutes approved. New animal retrival fees approved. 50 Animal Retrieval fees - cont' d. Res. 80-4 Councilman White, approved unanimously by voice vote. Resolution as follows: Resolution #80-5 City of Moab, Utah RESOLUTION NO. 80-4 WHEREAS, the Mayor and City Council in regular session has determined it in the best interest of the City of Moab to increase the animal retrieval fees charged to members of the public who are the owners of dogs pick- ed up byethe Animal Control Officer and delivered to the pound facilities; NOW THEREFORE, BE IT RESOLVED that the follow- ing fee schedules be adopted as of the 1st day of April, 1980: (1) For the first time any particular animal is picked up by the Animal Control Officer, the retrieval fee charged the person owning or harboring said animal shall be FIVE DOLLARS ($5.00). (2) For the second time the same animal is picked up by the Animal Control Officer, the retrieval fee charged the person owning or harboring said animal shall be FIFTEEN DOLLARS ($15.00). (3) For the third time and each succeeding time the same animal is picked up by the Animal Control Officer, the retrieval fee charged the person owning or harboring said animal shall be THIRTY DOLLARS ($30.00): PASSED this 4th day of March , 1980. /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Karen L. Coursey, Deputy Recorder Another public hearing was held for the increasing of salaries for Police Chief and Treasurer by $100. This is an adjustment that was approved by the Council for all regular, full-time employees in the last meeting, but this adjustment must be approved in a public hear- ing for the Police Chief and Treasurer. Councilman Wiseman made the motion to accept as a resolution the increasing of salaries for the Police Chief and Treasurer by $100, effective March 1, 1980. The motion was sec- onded by Couniclman Brewer, approved unanimously by voice vote. Resolution li80-5 as follows: City of Moab, Utah RESOLUTION NO. 80-5 A RESOLUTION PROVIDING FOR THE COMPENSATION OF ELECTED AND STATUTORY OFFICERS OF MAOB, UTAH. WHEREAS, elected officers should be fairly compensated for their time and expenses, NOW THEREFORE, BE IT RESOLVED that the monthly compensation of the elected officers shall be as follows: City Treasurer $ 1,112 Chief of Police/Marshal. $ 1,424 This resolution shall become effective on the 1st day of March, 1980. PASSED this 4th day of March , 1980. /s/ Harold Jacobs, Mayor ATTEST: (SEAL) /s/ Karen L. Coursey, Deputy Recorder Frank Hobbs and Julie Pilling requested the City pay for Mr. Hobbs & J. Wing a line from her property to the water and sewer connects. ,re: sewer & water a cost of $1,100. The connection fee had been paid for hook-ups. by her. The house is located on Lucas Court and was built by Mr. Hobbs. Because of the grading, the line :t be installed a different way, and more expense is incurr The possibility of a septic tank was discussed. Mr. Ho and Miss Pilling said they had learned septic -tanks were not allowed in thisarea. Mr. Hobbs said the building permit indicates the City will pay for the line from the property line to the connection, but the person must pay the cost from the house to the property line. Miss Pil ling said she was willing to do this. Councilman Brewe requested that since this topic had not been put on the agenda, Mr. Hobbs and Miss Pilling return to the next meeting to present the problem, so the Council would be aware of this prior to the meeting. He put this in the form of a motion; it was seconded by Councilman Wiseman and approved unanimously. Police Chief Dalton annouced the next day there would be Neighborhood Watch meeting of the Neighborhood Watch Program at 1 p.m. Th _ Program meeting sched- meeting would be to acquaint organizations and businesse• uled for 4/5/80. with the program, with a public meeting to be set for a later date. He encouraged businessmen to attend. Chief Dalton also announced after numerous false alarms, Burglar Alarms are a burglar had finally been caught in a store. He pointe.worllt their while. out that businesses with burglar alarms did have fewer robberies, and encouraged businesses to install them. Engineer Keogh reminded the Council of the Flood Control Flood Control Ins. Insurance needed to be created and pssed right away, as the needs to be created. deadline for enactment was June 4. Attorney Coffman said he would prepare two ordinances fo the next meeting. One of these was for the abandonment of a right-of-way near the Claus & Adkinson accounting offices. The other was for the Flood Control, Insurance adoption. He said both would require a public hearing, with the flood insurance ordinance public hearing to be scheduled four to six weeks from the date of advertise- ment. Two Ordinances re: Claus & Adkinson - Flood Insurance. Councilman Brewer said that he and Councilman White had Seminars attended by attended a seminar in Price put on by the Utah League of Councilmen. Cities and Towns for the newly -elected officials. He stated, the! seminar had been very beneficial „and hoped the City would pay the cost of several brochures they had gotten. He stated it was recommended at the semina a liaison be created between City Councils, Boards of Adjustment, and Planning Commissions. Councilman Breve said he would be willing to attend ill the meetings and act as this liaison. The Mayor had no objection, but it was stated this was really the job of the City Administr tor, and not a Councilman, but would be looked into. Councilman White said a letter had been received from Trudy Clever's six - Judge Crist informing the Council Trudy Clever had reach month probation period the end of her six-month probation period and requesting up. a raise for,her of one step to- Grade 12-2. Councilman White made the motion Trudy Clever be granted this raise, but no one was sure if an employee evaluation form had been filled out, so he amended his motion to give her th raise pending a completed satisfactory evaluation. The motion was seconded by Councilman Brewer, a..roved unaniusl Councilman White commended the Mayor for sending a letter Mayor was commened on to the Utah State Land Board which supported the Board's letter of support to acquisition of BLM federally -administered land for pro- Ut. St. Land Board. posed potash development. Two City employees were also commended by Councilman Whit- Larry Johnson & Ross for their volunteer help the past weekend in helping clea. Leech commend on thei the Southeast City park, which the Rotary Club is reno- volunteer work. eating and improving. He made a motion that the Mayor author and sign a letter commending these City -employees, Boss Leech and Larry Johnson, for their_volunteer_work, seconded by Councilman Wiseman, approved unanimously. Councilman Wiseman suggested, following the regular meeti.g, Executive Session an executive session be held so that a list of personnel scheduled after reg- ular meatin¢. Discumm hiring of a new actions could be duscussed and acted upon. Police Chief police officer. Dalton had also requested the Council meet so he could discuss with them the hiring of a new police officer. Meeting to be held for Admin. & Bldg. Insp. employees. Letter written to Mtn. Fuel Supply - as yet not reply received. It was also decided that prior to the next regular meeting, the Council should meet to discuss the employees meeting held for the Administrative and Building Inspection de- partments. Councilman White asked if a letter had ever been written to Mountain Fuel Supply as requested a few months ago. The Mayor said it had, but the City had never received an answer. Mrs. Jerri Pilling stated she had also written a letter to them and never re- ceived an answer. Garbage contract expise Mayor Jacobs reminded the Council the garbage contract soon. would soon be up, and requested they begin thinking about alternative means of pick-up, etc. Councilman Wiseman asked for this topic to be placed on the agenda for the next meeting. Attorney Coffman also suggested proposals might be accepted rather than setting a fixed -bid standard. The Mayor said these sort of things would be discussed at the next meeting. City Park well pumping 100 GPM. Testing to be conducted. The Mayor announced a pump had been borrowed and used on the'newly-drilled well at the City park, but it was only pumping 100 GPM. He said they needed at least 150 GPM, and he was not in favor of buying a pump unless they could achieve a usable flow. Zimmerman Drilling suggested perforating the casing. The Mayor stated Rhodes Brothers Testing would be in town the following week, and he would like for them to test this well and make recommendations, including a reco- mmendation on pump size. He said this would cost approx- imately $700 to $1,100. The Council gave their per- mission for this testing. Bids for sandblasting & Mayor Jacobs said he would like to start taking tenta- painting 112 water tank. tive bids this spring and summer for the sandblasting and repainting of the #2 water tank for next spring. Positive bids from contracters would then follow next spring. He stated it would cost a minimum of $20,0J0, and this would have to be put in the upcoming budget. Purchase of new type- writer approved for Bld Insp. office. Durango Monument re: business licenae. Russell retaining wall. He also informed the Council the typewriter in the Building Inspection Department was giving them pro- blems, especially at this time when they were trying to get the new Zoning Ordinance typed. This is an old model, and he recommended the purchase of a newer one. Councilman Brewer made the motion the City accept bids for this purchase, seconded by Councilman White, approved unanimously. A letter from Durango Monument Works had been recently received requesting a business license to allow them to service Moab. The Mayor wondered what he should do in this instance. Councilman Wiseman suggested the same action be taken as with the Kirby vacum repair- man; that is, charge him $500 for a transient merchant license unless they can operate through a local business. He also said a letter should be written to them in- forming them of this and enclosing a copy of the trans- ient merchant ordinance. Attorney Coffman suggested a possible revision of this ordinance with the collec- tion of quarterly sales tax as opposed to a set $500 fee. He asked that copies of the model ordinanaces for transient merchants be distributed to the Council, with this revision consideration to be placed on the agenda for the next meeting. Mayor Jacobs said the City needed to start accepting bids for the building of the retaining wall at the Russell residence. Democratic Women invite The Mayor said there would be a meeting for the public to the Neighborhood Wat h on the Neighborhood Watch Program, hopefully before Meeting. the end of the month. He invited representatives of the Department of the Democratic Women to come to the planning meeting the following day. He said the Fire Department had requested permission fro the Council to place a warning device, or flashing fire signal, at the intersection of First South and First Eas This was requested to warn traffic, since the fire truck go that way on approximately 75 percent of their calls. The device, which would stop traffic for three minutes when there is a fire call, would be installed by the Fir Department. It was the concensus of the Council to allo the installation of the fire signal. Utilities Coordinator Don Robinson presented to the Coun a water study. Since the report was lengthy, he request the Council take it home and read it. He said the in- formation could be used for future planning, etc. Mrs. Pilling said the water at the Southeast Elementary School had so much chlorine in it that sometimes they could not even drink it. Don Robinson pointed out that, actually, the chlorine might be low; this would also caus the water to taste badly. Mrs. Pilling said the next time the water tasted badly, she would call the City to have them come down and check it. Les Erbs suggested the Council make their objective for 1980 a project to get all the houses numbered, since emergency vehicles and utility companies were frequently having problems locating houses. The Mayor said he was very much aware of this problem; the City was constantly working on it, and be welcomed any suggestions to improve the situtation. There was a question regarding a bill from Big Joe Uni- form Company on the amount and departmental charges for some uniforms. Councilman White made the motion the bills be approved with the exception of the Big Joe bill for $195.80, this payment pending a check on amounts and charges, seconded by Councilman Wiseman, a..roved unanimo Fire Department`fe= quested signal on 1st .So. & 1st E. 1Don Robinson presented dwater study to Council Mrs. Pilling reported Southeast Elem. schobls water had to much chlor ine. Houses need numbers on them. Bills approved with the exception of Big Joe Uniform Co. sl Councilman Wiseman made the motion the Council adjourn Meeting adjourned. to an executive session and also meet in executive ses- sion no more than one hour prior to the next regular meet ing for the purpose of discussing personnel matters. Th motion was seconded by Councilman Brewer, a..roved unani- mously by voice vote. The meeting adjourned at 9:40 p.m ATTEST: en L. ausey, Deputy Recpfer-, CITY COUNCIL March 18, 1980 A regular meeting of the Moab City Council was held on th Regular meeting. above date in the Council Chambers, Moab City Hall, the meeting called to order by Mayor Jacobs at 8:02 p.m. Pr sent were Councilman Tomsic, Wiseman, Peterson, $rewer,an White, Deputy Attorney Penny Coffman, Engineer Keogh, Pol ce Chief Dalton, Treasurer McLeod, Secretary Honeycutt, and 13 citizens and other employees. The minutes of the regular meeting of March 4 were a••rov d Minutes approved. unanimously by motion from Councilman Wiseman, second'fro Councilman White. Mayor Jacobs called for withdrawal of the second to a mo- Trudy Clever to be tion made in the March 4 meeting by Councilman White to raised after her raise Trudy Clever from Grade 12-1 to Grade 12-2, based six month probation on a satisfactory evaluation. This grade had been incor period. rect, and should have been 14. Councilman Brewer withdr w his second,'and Councilman White withdrew his motion. Councilman White then made 6 new motion that Trudy Clever be raised form Grade 14-1 to Grade 14-2. Councilman Tom sic seconded, approved unanimously. 54 Revenue Sharing / Budge A public hearing was held for making changes in the Revenue Sharing budget. Some items for purchase had been budgeted for out of the General= Fund, but were legitimate to be paid for out of Revenue Sharing, so Council action consisted of moving budget line items. Councilman Tomsic made the motion $10,000 be transferred fromthe General Fund to Revenue Sharing for the parks tractor and well, since they were valid revenue Sharing expenses, seconded by Councilman Wiseman, approved unanimously. A diaphragm pump, which was budgeted for at $400, actually cost $600. Councilman Tomsic made the motion the Revenue Sharing budget be amended from $400 to $600 for this expense, seconded by Councilman Peterson, approved unanimously. Councilman Tomsic then made the motion $7,000 be transferred from the sewer fund in Revenue Sharing for the 201 Study to the park fund in Revenue Sharing, seconded by Councilman Peterson, approved unanimously. Mrs. Jerri Pilling asked when a $40,000 amount for some new tennis courts was changed to $21,000 for resurfacing. Councilman Tomsic said this had been in a public heairng, with the thought that six resurfaced and playable courts were better than two new ones and six bad ones. Councilman Tomsic made a motion the City pay for the park tractor ($7,610.15), a septic tank ($1,000), tennis court sweeper ($3,000), and irrigating of the park ($15,000), out of the park portion of the Revenue Sharing budget. Councilman Peterson seconded the motion, approved unanimously. Public hearing abandon- ing easement near Job Service and Clas & Ad- kison offices. Ordinance #2-80 Another public hearing was held for the purpose of the City abandoning an unused easement between the Job Service and Claus & Adkinson accounting offices. Mr. Ken Curits was present with a petition and ordinance for doing such. Businesses owning the property there hesitated building and expanding as long as the easement was there. Council- man Wiseman made the motion the City abandon this easement, seconded by Councilman Brewer, approved unanimouly. Ordinance #2-80 abandoning this easement, and the petition are as follows: ORDINANCE NO. 2-80 AN ORDINANCE ABANDONING AND VACATING A UTILITY EASEMENT IN BLOCK 2, URANIUM VILLAGE SUBDIVISION. Upon Petition duly filed by E. J. Claus, Dillion Real Estate, Inc., a Kansas corporation, and the Industrial Commission of Utah, Department of Employment Security, an agency of the State of Utah, being all of the owners adjacent to the hereinafter described twenty -foot utility easement, and upon the consent of the Utah Gas Service Company, Continental Telephone of the West and Utah Power & Light Company to the abandonment of said ease- ment, which Petition prays for an Ordinanace abandoning and vacating the hereinafter described utility easement, and upon the due consideration thereof by the City Council of the City of Moab, BE IT THEREFORE ORDAINED that the City of Moab vacate any and all public right, title or interest to a certain twenty -foot utility easement located in Block 2, Uranium Village Subdivision, Moab, Utah, and more par- ticularly described as follows: DESCRIPTION OF A 20' UTILITY EASEMENT IN SECTION 1, T26S, R21 E, S.L.B. & M., GRAND COUNTS, UTAH A 20' easement 10' each side of the follow- ing described centerline; Beginning at a point which bears North 29.1 feet and West 176.7 feet from the intersection of the centerlines of Uranium Avenue and 100 East Street, and proceeding thence N 0* 17' E 571.2 feet along the East boundaries of Lots 8 and 10, and the West boundary of Lot 9, all in Block II of Uranium Village Subdivision, to a point which bears North 600.3 feet and West 173.9 feet -from the point of beginning(the intersection of the 55 centerlines of Uranium Avenue and 100 East Ordinance #2-80 Street). A. D. 1980. PASSED in Council this 18th day of March, CITY OF MOAB /s/ Harold Jacobs, Mayor ATTEST: /s/ Karen L. Coursey, Recorder PETITION TO: THE MOAB CITY COUNCIL The undersigned petitioners respectfully Petition re: abandon - request the City Council of Moab to, by ordinance, aban- ing easement between don and vacate a certain twenty -foot utility easement ly- Job Service & Ed Claus ing in Block 2 of the Uranium Village Subdivision, said utility easement being more particularly described as follows: DESCRIPTION OF A 20' UTILITY EASEMENT IN M 0 SECTION 1, T26S, R21E, S.L.E. & M., GRAND COUNTY, UTAH 1-4 C.) fs7 A 20' easement 10' each side of the follow- %z1 ing described centerline; beginning at a point which bears North 29.1 feet and West 176.7 feet from the intersection of the centerlines of Uranium Avenue and 100 East Street, and proceeding thence N 0* 17' E 571.2 feet along the East boundaries of Lots 8 and 10, and the West boundary of Lot 9, all in Block II of Uranium Village Sub- division, to a point which bears North 600.3 feet and West 173.9 feet from the point of Beginning (the intersection of the centerlines of Uranium Avenue and 100 East Street). and shown on that portion of the subdivision plat attached hereto. Your petitioners are the sole owners of the land adjoining said easement and upon which the easement lies and the consent of the Utah Gas Service Company, Continen- tal Telephone of the West and Utah Power & Light Company to the abandonment and vacation of said easement by letter is attached to this petition. Your petitioners respect- fully submit that no necessity or reasonable expectation of use exists for said easement, that the same is an un- necessary restraint on the use and development of their property and that it should be abandoned. DATED this 10 day of March , A.D. 1980 /s/ E. J. Claus DILLON REAL ESTATE, INC., Kansas corporation By /s/ Adair White, its age t INDUSTRIAL COMMISSION OF UT- , DEPARTMENT OF EMPLOYMENT SECURITY, AN AGENCY OF STATE OF UTAH By /s/ Kenneth Curtis Mr. Bob Bawks was present to discuss the garbage contract Bob Hawks re: Garbage but asked to be excused from this meeting because he had Contract. just heard that one of his employees had been seriously injured. Councilman Wiseman made the motion the discuss- ion of the garbage contract be tabled until the next meet- ing, and that Mr. Hawks be invited to return and discuss it, seconded by Councilman Tomsic, approved unanimously. MiAPEnterprises re: Private Club License. Motion passed to reim- burse Julie Pilling for partial sewer hook- up. Mayor stated he would see to it that Larry would be made aware of the sewer problems. Don Robinson gave re- port on water sources. Council approved Coun- cilman Wiseman's letter re: funding for sanitar landfill equipment. Councilman Wiseman discussed turning the dump over to the County Mi Vida Enterprises was next on the agenda requesting permission from the Council for a private club license. Councilman Wiseman made the motion this be tabled until a proper check by the Police Department had been com- pleted and recommendations made, seconded by Councilman Tomisc, approved unanimously. Mr. Frank Hobbs represented Julie Pilling in a request for the City to reimburse part of the cost of a sewer hook-up for her. Mr. Hobbs said he had built a house for Julie near Lucas Court. He had gotten a building permit okayed by Larry Brundage and built the house, then Bud Stocks told him there was no sewer line in front of the property, and they would have to go down to Lucas Court to hook up. Because of the distance involved in running the line, a septic tank had been discussed, but:this was not allowed, since Julie would have to be at least 200 feet from the sewer connection, and she was not. Mr. Hobbs paid the sewer connection fee, and Julie paid the cost of all the lines, a total of $831.99, not including the $300 connection'fee. Mr. Hobbs said he divided this amount according to footage, since the line crossed a 100-foot easement. The amounts came out $504.00 for the 100-foot easement, and $327.99 for the remaining 65 feet. Mr. Hobbs requested the City reimburse Julie. Councilman Wiseman -made the motion that Julie Pilling be relieved of pecuniary liability for her sewer from her property line to the City sewer hook-up in accordance with Moab City Code, Section 26-41. The motion was seconded by Councilman White, and an amendment was suggested by Councilamn Peterson to add the $504 amount to the motion. Councilman Wiseman amended his motion stating Julie Pilling would be reimbursed for $504, seconded by Councilman White. The motion passed, with Couniclman Tomsic abstaining because Ed's Plumbing vas financially involved, but stating she was not opposed to the motion. Mayor Jacobs said he would make sure Larry Brundage vas aware of sewer locations and possible problems before issuing building permits. Utilities Coordinator Don Robinson spoke briefly about his recently -completed Water Sutdy for Moab. He also answered the Council's questions regarding the water supply, sources, etc. Be stated that the City should now be able to tell, on any given day, for any source, just how much water they have. Mr. Robinson's points of concern were on water delivery and acquisition, but the greatest amount of time he had put into the Study was on water accountability. He said 65 percent of the water show up on billing, and a great percentage of the other 35 percent was used for treatment a the dis- posal plant. He also said source meters could be off as much as 121 percent, but he was not sure. Council- man Brewer made the motion a letter of commendation be written to Don Robinson for this report and a copy placed in his permanent file, seconded by Councilman Tomsic, approved unanimously In closing, Mr. Robinson stated that Moab City had gone a whole year without one bad water sample. Councilman Wiseman had been assigned to the task of working to appropriate funds to sanitary landfill equipment and improvements in order for the release of $50,000 from the Park Service to the City for this purpose. He had a draft of a letter he bad written to Dr. D. D. Parker of the state Health Division, and wanted the Council's approval before sending it. In the letter Councilman Wiseman bad listed several possible expenditures up to, and slightly over $50,000. After approval by Dr. Parker, it would then go to the Park Service for a releasing of the funds. Councilman White made the motion the City Council approve Councilman Wiseman's letter to Dr. Parker, seconded by Councilman Tomsic, approved unanimously Councilman Wiseman had recently talked to the County Commissioners about the possibility of turning the main- tenance of the dump over to them. Be said the County had been in agreement of this. Councilman Wiseman said, based on a six-month average, it was costing the City Councilman Wiseman made the motion the City of Moab re- linquish to Grand County the operational and administra- tive control of the City dump, effective May 1, 1980, and trasnfer this control to the Grand County Commission. Further, that the City continue to pay one-half the cost of operation of the cump, not to exceed $2,000 per month, until such a time as the County Commissioners request an adjustment. The motion vas seconded by Councilman Tomsi Mayor Jacobs pointed out that this would be double taxati. Councilman Wiseman made an amendment to the motion that the City go along with the $2,000 per month until such time that either: the City or County requests a readjust- ment. Councilman Tomsic seconded this. It was pointed out the County already pays half of the $2,000 total, so Councilman Wiseman made another amendment to the motion that the City payment not exceed $1,000. Councilman tomsic seconded this amendment. Councilman Peterson sai. a deadline should be set for the County to assume total control of the dump. He also said the County would prob ably also charge Mr. Hawks for dumping, where the City di. not. This charge would eventually be passed on to the citizens. Councilman Wiseman made an amendment to the motion that this turning over of the dump would, in no wa affect the legality of the contract with the hauling con- tractor, seconded by Couniclman Tamale. Councilman Peterson made an amendment to the motion that the County assume full financial responsibility of the dump by Jan- uary 1, 1980, seconded by Councilman Tomsic, approved un- animously. The Mayor called for a vote on the full motio as amended, approved unanimously. Councilman Brewer asked about the progress in the Wimmer case. Mrs. Coffman said it was being held up, as they were looking for another attorney, since Bill Benge vas going to be a defense witness. Councilman Peterson asked when a decision would be made o a new Administrator. He was told the cut-off date for receiving applications would be March 28, and it would be shortly after that. Councilman Peterson also asked about getting the drainage problem fixed at Fred Stoye's It'll Storage. Councilman Breuer reported that Mr. Stoye bad not been working on it due to the cold winter. Councilman Peterson made a motio that Mr. Stoye be written a letter by the atttorney inatru ing him to correct the drainage problem at his A-1 Storage property within 15 days, seconded by Councilman Wiseman, approved unanimously. Councilman Tomsic pointed out that many contractors were doing City jobs without having a valid City license. Cou cilman Wiseman said 20 contractors had done this in the last fiscal year. Treasurer McLeod said the accounting offices were in the process of drawing up a list of con- tractors who had not paid for a license to give to Larry Brundage. She said this would have been done sooner, but she bad only recently found out this vas supposed to be done. Permission was given for a letter to be drafted to deliquent contractors to collect for a license and also adding a 10 percent assessment charge. Secretary Honeycutt was instructed to make copies of the Recreation budget for the Council and put in their boxes. Councilman Tomsic made a motion that Steve Brownell be placed on Grade 18-2 and Hike Ashcraft be placed on Grade 10-3, by recommendation of Mayor Jacobs, and that the lett of recommendation for them be Wade d part of these minutes seconded by Councilman "Breuer, approved unanimously. Councilman Wiseman said that although he voted yes on the above motion and felt that Steve Brownell deserved this raise, he was making a token protest against the depart- mental employee management practices. Letters as follows: TO: FROM: DATE: HEM 0 Moab City Council Mayor Harold Jacobs Parch 4, 1980 r Release of dump`dont'd. D. Wimmer Case being held up, because of complications with the attorney. When to expect a new Administrator was asked Fred Stoye (A-1 Storage, will be given 15 days to correct drainage problem. t- It vas mentioned many -contractors were op- erating without City business licenses: Copies of Recreation Budget for Council. Motion passed making Brownell Grade 18-2 & rs Ashcraft 10-3. Letters re: raises for Brownell & Ashcraft 58 Letters cont'd. SUBJECT: Salary of Mike Ashcraft ******************** Letter requesting a raise for Steve Brownel Motion made and passed to hire three new polic officers. I have a list of salary discrepancies I assume I am to bring up to employees and adjust. Because of recent in- stances and indicated statements, I respectfully request a member of the Council to be present, so that any state- ments made by either party might be verified. Of particular concern is Mike Ashcraft, who was raised one step in August after he pointed out others had been raised who had not worked for the City as long as he had. Mike has applied himself sincerely to the reading and updating of water meters and their repair, and has ac- quired quite a knack for replacing faulty meters. He has applied himself emphatcially to repairing metal work and painting utility vehicles, as well. I inquired of one of the developers of the Personnel Polices the possibilities in this instance and was told the super- visor could generate a one-step raise. Frankly, I neglected to read the Policy and did not remember the recommendation had to go before, and be pass- ed by, the Council. I felt Mike was worth, and entitled to, the Grade 10-3 rating in August when it was given. I defintely feel to tell him it is being recinded after four months would not be fair. I respectfully request Mike Ashcraft be left at Grade 10-3 with the appropriate salary. dh March 17, 1980 Mayor Jacobs and City Councilmen: This letter supercedes my letter submitted to your March .4, 1980, since there was no council action taken regarding my recommendation that Steve Brownell's salary remain at $1,148.00 (Grade 18, Step 2), rather than decreasing his present salary to $1,113.00 (Grade 18, Step 1). Even though this raise was considered illegal according to the City Personnel Manual, Steve's performance as Assistant Police Chief did merit such an increase and, had I had any prior knowledge of the increase, I would have highly recommended the same and taken the proper steps required for wage and step increases. As you are very well aware, Steve is an outstanding police officer, highly respected by his fellow officers and the townspeople. He handles the responsibility of his position with utmost competency and thoroughness. He is in charge of all investigations locally and also helps surrounding law enforcement agencies. He is strict- ly in charge of all crime evidence which he handles pro- ficiently and is very conscientious of the responsibility this duty entails. Steve is a real asset to this Police Department, his ef- ficiency and temperment have upgraded the department and the department's reputation, and his performance is al- ways above and beyond the call of duty. Again, I recommend that Officers Brownell's Grade be left at 18, Step 2. Sincerely, /s/ Melvin S. Dalton Chief Of Police Councilman Tomsic made a motion that three new police officers be hired on the recommendation of Police Chief Dalton. They are Ramon Memmott at Grade 14-2, Brian Ballard at Grade 14-1, and Robert W..Setzer at Grade 14-1 seconded by Councilman Peterson, approved unanimously. Councilman Wiseman pointed out thi€'!al'ice Chief Dalton was not being specific in his letters in regard to in- vestigations performed on prospective employees. Coun- cilman Peterson said he would see that he got the mess- age. Councilman White suggested when hiring an Administrator, the possibility of using the Job Service for doing pre- liminary investigations might be looked into. Councilman White also said that the Utah League of Cities and Towns seminar for the newly -elected officers had brought out a point of forming a committee to meet with the AOG to help funding: He said this should be looked into as well. Councilman Wiseman wondered why a bill to Big Joe Uniform Company had been paid when it was pending checks on depart mental charges and amounts. Mayor Jacobs said he had checked it with the Deputy Recorder the following day, and had been satisfied it was correct, so she had gone ahead and paid the bill. Councilman Wiseman requested Mayor Jacobs give consider- ation to putting in a holding area at the dump for hours which it is not open. He said people back up and dump tra in the road if they cannot get into the dump. If there was specific after-hours area, it could be easily cleaned up the following day. The Mayor said he would also talk to Randy Spencer in re- gard to a request from Councilman Wiseman to have the Chamber of Commerce sponsor a clean-up campaign again this year, and initiate a letter for such. Councilman Wise- man said he would -write the letter. Mayor Jacobs em- phasized community and citizens participation, not just that from City crews. Two seminars were mentioned by Mayor Jacobs, requesting permission from the Councilman to have Treasurer Barbara McLeod go to a Utah Municipal Treasurers seminar in St. George, and Inpsector Larry Brundage to go to a Roofing symposium in $alt Lake City. Sanction was given for Barbara and Larry to attend, provided the County would pay half of Larry's expenses. Councilman Brewer said a director for the swimming pool needed to be chosen right away. It was suggested the postion be advertised for, but Councilman Brewer felt be- cause of a shortage of time, and the fact that Mary Mar- tin had managed the pool successfully for two years, she should be reinstated. Councilman Brewer made a motion that Mary Martin be reinstated as pool manager for the 1980 season, with her salary to remain at $900 per month, and $5 per hour for instruction, seconded by Councilman White. The motion passed, with those in favor: Council man Brewer, White, and Peterson; those opposed: Council- man Tomsic and Wiseman. Councilman Brewer said a reply would need to be written to her letter of application right away. Mr. George Phillips, new manager of two Go-fer Stores, had applied for beer licenses for them. The stores had been selling beer in the past, and no problems were reported. Councilman Wiseman made the motion these licenses be approved, seconded by Councilman Brewer, approved unani- mously. Councilman White made a motion the bills be approved as presented for payment, seconded by Councilman Peterson, approved unanimously. Mayor Jacobs adjourned the meetin. at 11:35 p.m. ATTEST: Kaarr L. iec; Karen . ursey, Deputy4corder Hiring new Po1i, officers coned. Wiseman commented that P.C. Dalton was specifi in letters re: new hires. Suggested using the Job Service Office when hiring a new Administrator. Committee for helping AOG with funding. Question re: Big Joe Uniform Co. paid. Specific after-hours for dumping. h Letter concerning a Clean-up campaign. It was approved that Larry and Barbara go to Seminars. Swimming pool needs a director. Mr. George Phillips - new Go-fer Stores re: new beer licenses. Meeting adjourned. 60 CITY COUNCIL April 1, 1980 Regular Meeting Minutes approved and :orrected. Mr. Bob Hawks, re: Gar- bage Contract. Prospector Club granted Liquor License. Curt Pehrson (AOG) up- date of growth plan. Public Meeting for con- sumers of Telephone ser- vice. Citizen criticized P. A system. A regular meeting of the Moab City Council was called to order at 8:00 P.M. by Mayor Jacobs in the City Council Chambers with Councilman Marge Tomsic, David White, and James Wiseman in attendance. Councilman Keith Peterson and Keith Brewer were excused due to out-of-town appointments. Also present were City Engineer John Keogh, City Attorney Coffman, Treasurer Barbara McLeod, Deputy Recorder Karen Coursey, AOG Planner Curt Pehrson , Mr. & Mrs. Bob Hawks, City employee Mike Adams, members•of the -news media and a few citizens. The minutes of the regular City Council meeting held March 18, 1980, were approved with the following correction at the re- quest of Councilman Tomsic: Page 4, Paragraph 5, the last sentence should read "Councilman Peterson," not "Councilman Tomsic." Motion for approval with the correction was made by Councilman Wiseman, seconded by Councilman White, passed unanimously. Mr. Bob Hawks of Bob's Sanitation was present regarding the garbage pick-up contract, which expires in June and will be offered for bids prior to renewal. Mr Hawks gave a lengthy presentation as to his opinions of what the bid specifications should include and to his past pick-up procedures, experiences, etc., as the present garbage pick-up contractor. Mr. -Hawks advised the Council that when the contract is offered for bid, the contract should be for at least five years due to inflation allowing the contractor clause. Bidder should be allowed to specify type of pick-up service and, at the same time, satisfy the customers with the best service possible and least cost possible. Mr. Hawks further stated how essential it is for the bidder that there be an accurate count of customers, re- quire a bid bond and a performance bond, all for the protection of the contractor as well as the City. He also felt the 10 percent billing charge is too high. There was discussion as to the pros and cons of different types of pick-up service followed by prasie from several in attendance for Mr. Hawks and a job well done. Councilman Wiseman asked the Mayor to schedule a time for the Council to meet and draw up bid specifications. On a motion by Councilman Wiseman and second by Councilman Tomsic, the Council passed unanimously to give the City's con- sent to the MI Vida's request for a private club license. Application is being made to the State Liguor Control Commis- sion in the name of "The Prospector Club." AOG Planner Curt Pehrson presnted to the Council an update as to where they were at in regard to the survey they were taking for the Master Growth Management Plan. The opinion poll they have been taking is the first step of the planning process and should be completed:by April 15, 1980, at which time they hope to give an outline of growth -related problems. Mr. Pehrson suggested that once the Master Plan is presented, the City and County will combine and prioritize needs relative to growth, to be included in a Four -County Plan (Grand, San Juan, Emery, and Carbon). Mr. Pehrson also suggested the Council and Grand County Commissioners consider a Council of Governments for combined representation of priority projects. Mr. Pehrson anticipated that the outcome of the survey would show "water - in general" as the major growth problem. Mr. Pehrson also advised the Council that Continental Telephone Company, in conjunction with the State Office of Consumer Ser- vices, had contacted them requesting they conduct a public meeting in Monticello on April 29, 1980 regarding the quality of service rendered by Continental Telephone. He understands that Jerri Pilling has been elected to conduct the same type of meeting in Moab on April 30, 1980 and wondered if she had contacted them regarding the extension of telephone service to the town of La Sal and the cost of some which was in the neighborhood of $90,000. Citizen Rocky Newell criticized the P. A. System in the Council Chambers. Transient merchant or- dinance postponed. The transient merchant ordinance revision possibilities were postponed until the entire Council could be present. 61 City Engineer Keogh reminded the Council of their consid- eration nearly a year ago to build a retaining wall on th north end of Hobbs Subdivision. Engineer Keogh talked to a cement contractor and was told it would cost $16 per foot, or around $2,000, that is, if the City does the pre paratory dirt work. There is also 125 or 130 feet of sidewalk work to be done yet on Mill Creek Drive, which the contractor doesn't want to complete until the propert owner completes his wall, as his sidewalk would fail othe wise. Engineer Keogh was told to contact the problem pr perty owner for his cooperation so the job could be fin- ished. Also, bids should be taken right away for the Hobbs Subdivision retaining wall. Engineer Keogh said he and Attorney Coffman met with a re resentative of the Flood Insurance and could forsee head- aches would fall on the Building Inspector, of which Mr. Coffman would enlighten the Council when he was called upon. Engineer Keogh asked the Council if the City was interest in selling the transit they owned as he had been approach by an interested buyer. The offer was declined. Councilman Wiseman asked that the agenda be followed, as Delbert Oliver and Mike Adams had been skipped. Mr. Oli was not present, and Mr. Adams was recognized by the Coun even though his grievance had not been filed properly acc ing to Personnel Policies & Procedures. Councilman Wise man advised Mr. Adams that the Council had received the grievance, and it would be taken care of in the proper manner. The Council must answer grievance 15 days after receipt of same. Attorney Coffman advised the Council must act by April 5, 1980 since the grievance was filed March 20, 1980. Councilman Wiseman said a hearing would be scheduled 15 working days after receipt of the grievan and render their written decision 5 working days thereaft to the employee and a copy to the City Administrator. City Attorney Coffman stated he, Building Inspector Brund age and Engineer Keogh met with the representative of the Office of Emergency Management in Denver to review the Or dinance drawn up for government flood insurance require- ments. Building Inspector Brundage advised at this meet ing of two probable amendments needed in the Code because of flood plan requirements, to -wit: 1. A11 mobile homes in flood zones be anchored with ove the -roof anchors and there is no way to police this requi ment under present Code, as it exempts mobile homes from getting building -permits. This needs to be deleted, and an ordinance established requiring mobile homes moving in to City limits, whether in mobile home park or on perman- ent foundation, to comply with Electrical Code, Plumbing Code, and Building Code as to foundation or a blocking schedule and tie -down requirements of flood control or- dinance. This will need an effective date of June 1, th same as effective date of flood control ordinance, and wi 1 require a public hearing following advertisement of same. 2. Big burden of flood control ordinance will fall on t eFlood Insurance coned. Building Inspector, as he can't enforce it or accept certifications in the flood zones if the main floor is no. at or above 100-year flood plan level, so he needs a topo graphical survey check to establish whether building is being built high enough. The Building Inspector suggest the building fee schedule be amended to add surcharge for any building permit issued in the flood zone where certi- fication is required prior to permit being granted, and uppn certification of occupancy that building was built at min- imum elevation of the zone, which would• -require two checks by the surveyor and figures of surcharge would have to be determined, as City would bear engineer's increase costs., Any new construction violations of ordinance after effect- ive date would result in denial of government lending in- stitutions. The Flood Control Ordinance is scheduled for public hearing at next Council meeting on April 15, 1980. Councilman Tomeic also brought to the Council's attention the Utilities Coordinator position was created in July 197 Corrdinator's position, Eng. Keogh reminded the Council of several construction jobs need ed to be started. -Brief discussion of Flood Insurance. d City not interested in d selling transit. The Council to follow erthe agenda - D. Oliver' il,and Mike Adams. rd- e r Attorney, B. I., & Eng. met on Flood Plan Re- quirements. - Flood Insurance contd e- Re-classify Utilities 62 U. C. Grade cont'd. Vacation and Sick leav to be accrued on a Cal endar year basis. Wimmer Case - Countersu Executive Sessions to b held 1 hour prior to re ular meetings. Councilman Wiseman remi ed Attorney Coffman of letter to Mr. Stoye. Additions at Sanitary Land Fill County will take over June 1, 1980. Landmark tree discussed on First South & Third East. Mrs. Johnson's trailer Courts identification i not a City responsibili Mr. Ken Curits narrowed City Admin. position to top eight. Bills approved, letter protesting D & R Tree, Julie Pilling, Nielson Maxwell & Wangsgard. Don Robinson to Safe Dr ins Water Conference. Silver Reed typewriter bid accepted from Offic Equipment. Check equipment for fau that needs to be replac Adjournment. t but had never been assigned a grade classification. Councilman Tomsic moved that the position of Utilities Co- ordinator be reclassified to Grade 12, Step 1, (currently Grade 10), seconded by Councilman Wiseman, passed unanimously. Councilman Tomsic informed the Council that wage -related re- ports are based on calendar year and vacation and sick leave should be figured accordingly for simplicity in recordkeeping. New employees would accrue annual and sick leave up to the beginning of calendar year. Councilman Tomsic also request- ed forms be changed to commence at the beginning of the calednar year. Councilman Tomsic so moved for these changes, seconded by Councilman Wiseman, passed unanimously. Councilman Tomsic inquired as to status of the Wimmer case. Attorney Coffman advised he had not answered counterclaim and requested an executive session prior to next Council meeting to discuss this matter, a second legal matter, and personnel matters. Councilman Wiseman moved to have closed meetings one hour prior to next Council meeting (April 15, 1980) to discuss legal and personnel affairs, seconded by Councilman White, passed unanimously by roll call vote. d-Councilman Wiseman reminded Attorney Coffman of the letter he is to write to Mr. Stoye regarding the drainage problem and surfacing of parking area at hie A-1 Storage buildings. Councilman Wiseman drew Council's attention to a letter add- ressed to Mr. Pete Parry with attachment of acknowledgement from State that they received our request for additions at the sanitary landfill, and hopefully, $50,000 should be forth- coming shortly. Also, Councilman Wiseman advised Grand County should take over sanitary landfill on June 1, 1980, rather than May 1, 1980, as he has requested 90 days in his original motion to the County Commission. Mayor Jacobs advised Council he took tree trimmers to land- mark tree at First South and Third East for their expert opinion, as he is afraid the tree is a hazard and something should be done. He asked Council to investigate the situ- ation and make recommendation. Attorney Coffman said an- other possibility would be to close the street if the public shows displeasure at the tree being trimmed or removed. Council agreed the problem of Mrs. Virginia Johnson regarding lack of identification of different trailer courts was a pri- vate problem and there was nothing the City could do for her. Mr. Ken Curtis of the Job Service had submitted a letter to the Council recommending eight applicants for the position of City Administrator based on prior municipal administrative experience. The Council agreed to submit their choices by April 3, 1980 at 5 P.M., thereafter to meet, narrow down the applicants, make past employment inquiries, and schedule for interviews. The bills were approved to include D. & R. Tree Service in the amount of $300, Julie Pilling - $504, and Nielson, Max- well & Wangsgard - $900, to which the Mayor would attach a letter of protect to this charge, motion made by Councilman White, seconded by Councilman Wiseman, passed unanimously. (Mayor Jacobs advised Council that he sent Utilities Coordin- ator Don Robinson to a Safe Drinking Water Conference in Provo. Councilman Tomsic moved to accept a bid of $749 on a Silver Reed typewriter from Office Equipment Company for the Build- ing Inspection Department, seconded by Councilman White, passed unanimously. Councilman Tomsic suggested City equipment be checked prior .to budget so faulty equipment could be budgeted for and re- placed without need for budget hearings. The meeting adjourned at 10:55 P.M., following a motion by Councilman Wiseman, seconded by Councilman Tomsic, passed unanimously. ATTEST: i-2 Karfn L. aoursey, Deputy 63 CITY COUNCIL April 15, 1980 A regular meeting of the Moab City Council was held on Regular meeting of the above date in the Council Chambers. Mayor Jacobs the City Council. called the meeting to order at 8 P.M. Present were Councilmen Wiseman, Brewer, White, and Tomsic. Council man Peterson was absent due to being out of town. Also present was Attorney Coffman, Engineer Keogh, Police Chi f Dalton, Inspector Brundage, Treasurer McLeod, Secretary Honeycutt, and approximately 30 citizens. Councilman Tomsic made a correction to the minutes of th Minutes corrected and M April 1 meeting. On Page 3, seconded -to -the -last para- then approved. C graph, the part reading "...however, the position should r.{ be put on a higher grade relative to his responsibility C) and duties." was deleted -and changed to "...but had neve W been assigned a grade classification." Councilman Tom - sic made the motin the April 1 minutes be approved with this correction, seconded by Councilman White, approved unanimously. Mr. Retsic Nod of the Popular Place requested the Counci Council approves 'Beer allow him to extend his business to the east by putting nGarden' for Popular a fenced "beer garden" next to the present Popular Place Place. building. He said the area would have tables with plan s and other fauna, and that two gates would be placed in t e fence for entering and to provide adequate exits in case of fire. Mr. Nod also stated there would be no loud or electrified music played within the area, servicing of the area would be through the back door of the building, and the open hours would be noon until dusk, with an occasional private party allowed no later than midnight. Mayor Jacobs asked if he had checked with the Health Department yet. He stated he had planned to, but had not as of yet. Councilman Brewer asked about age limit and control of the people in the beer garden. Mr. Nod said the area would be controlled and observed as much as possible and felt there would be no problem with ndn- ors. He also emphasized that it would be cleaned every day, and no one would be allowed to sit on the steps or sidewalk and consume food and beer as long as the open beer garden was there. Police Chief Dalton said he was somewhat opposed to the idea, but felt the Popular Place had had a good record in the past of controlling the act ivities of its customers. He said he felt the gates in the fence should have to come through the building and out the back door for better control. Mr. Nod said he was willing to cooperate with the Council's wishes, and that this would be done. Councilman White made the mo- tion the Council accept Mr. Nod's request for a beer gar den, and give permission to the Popular Place to constru t such, seconded by Councilman Brewer, a roved unanimous) Mrs. Diane Tibbetts was present representing the Helen The Council approves M. Knight School P.T.A. Mrs. Tibbetts, president of the employment of a cross- P.T.A., requested a person be hired by the City as a cross ing guard for HMK. ing guard, to be placed at the west crosawalk on Fourth North near the school for 40 minutes in the morning and o hour after school. Salary for such a position was dis- cussed, as well as the need for a regular, City -supervise person for the job. Councilman Wiseman made the motion • e Council approve employment- of a crossing guard, effectiv at the commencement of next school year, with the salary and supervisory factors to be considered at budget time, seconded by Councilman Tomisc, approved unanimously. 64 Crossing Guard cont'd. A man in the audience pointed out that it is volunteering parents that presently do the job, but there are no pro- visions or insurance in case there is an accident, and it was harms for parents to accept sole responsibility. Mrs. Tibbetts said the parents would continue doing this for the current year, since school was almost out, but they would want a City employee doing it next year. Ordinance #1-80 adopted, Attorney Coffman explained and answered questions regarding Flood Insurance Ordinan -.Ordinance #1-80, which adopts a flood plain map for flood insurance, which is required to obtain federal loans on hous- ing. Deadline for adoption is June 4, 1980. The Ordinance would also require all mobile homes that are moved into ex- isting moblie home parks or subdivisions, or even moved to a different location within the a park or subdivision, be brought to specifications for flooding. Most of the people in the audience objected to the adoption of the ordinance. It was stated that the map was not correct; areas that had actually flooded were not included in the map, but some areas that had never flooded in as long as could be remembered, were put on the map as potential flooding areas. Mrs. Adair White and Mr. Pete Byrd voiced their objections the most. Mrs. White stated the whole thing was blackmail; the ordinance would have to be adopted, but she felt the citizens' should be more active in their protest and form a citizens' committee for such. Mr. Byrd said the Council; should refuse to adopt the ordinance, because the citizens could not fight it after passing it, even though such action would eliminate all federal housing loans for Moab. Mayor Jacobs said he would try to get ahold of some of the officials from the Federal Emergency Management Agency in Denver to have them come to Moab to better explain the ordinance and flood insurance requirements. Councilman Tomsic made the motion the City adopt Ordinance #1-80 pertaining to flood plain in- surance, seconded by Councilman Wiseman. Before a vote was taken, Attorney Coffman advised the Council of some cor- rections in the wording of the ordinance. Councilman White said he opposed the ordinance, and that very day, had called the offices of Senator Garn and Governor Matheson. He said he got little help or sympathy from either of the offices. Mayor Jacobs called for a vote on the motion and a roll -call vote was taken. Those voting aye: Councilmen Tomsic and Brewer; those voting nay: Councilmen White and Wiseman. Mayor Jacobs voted in favor of the motion to break the tie;the motion passed. Councilman Tomsic then made a motion that with Ordinance d1-80 being made effective June 1, 1980, a letter or letters be sent to Senators Garn and Hatch and Representatives McKay and Merriott protesting the outright blackmail tactics by the federal government in the adopting of a flood plain ordinance, seconded by Councilman Brewer. The motion carried 3 to 0. Councilman Wiseman was out of the Council Chambers when the vote was taken. (Ordinance 41-80 as follows:) ORDINANCE NO.1-80 FLOOD DAMAGE PREVENTION Section 1.0 Statutory Authorization, Findings of Fact, Purpose and Objectives 1.1 Statutory Authorization The Constitution of the State of Utah, in Article 11, and the Legislature of the State of Utah, in Title 10, Utah Code, has delegated the responsiblity to local govern- mental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Moab, State of Utah, does ordain as follows: 1.2 Findings of Fact A. The flood hazard areas of the City of Moab are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impair- ment of the tax base, all of which adversely affect the public 65 health, safety and general welfare. E. These flood,losses-are, caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights an velocities, and when inadequarely anchored, damage uses in other areas. Uses_that are inadequately flood-proofe elevated or otherwise protected from flood damage also contirbute to the flood loss. 1.3 Statement of Purpose It is the purpose of this ordinance t promote the public health, safety and general welfare an to minimize public and provate losses due to flood con- ditions in specific areas by provisions designed: A. To protect human life and health B. To minimize expenditure of publi money for costly flood control projects. C. To minimize the need for rescue and relief efforts assoicated with flooding and generall undertaken at the expense of the general public. O rl D. To minimize prolonged business interruptions. GO GO E. To minimize damage to public fac ilities and utilities such as water and gas mains, elec- tric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. F. To help maintain a stable tax ba.e by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas. G. To insure that potential buyers are notified that property is in an area of special floo hazard. H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 Methods of Reducing Flood Losses In order to accomplish its purpose, t is ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due t water or erosion hazards, or which results in damaging increases in erosion or in flood heights or velocities. B. Requiring that uses vulnerable t floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. C. , Controlling the alteration of na ural flood plains, stream channels and natural protectiv barriers, which help accommodate or channel flood waters D. Controlling filling, grading, dr ging and other development which may increase flood dam- age. E. Preventing or regulating the con struction of flood barriers which will unnaturally diver flood waters or which may increase flood hazards in othe areas. Section 2.0. Definitions Unless specifically defined below, words phrases used in this ordinance shall be interpreted so a to give them the meaning they have in common usage and t give this ordinance its most reasonable application. 66 A. Appeal means a request for a review of the City of Moab's interpretation of any pro- vision of this ordinance or a request for a variance. B. Area of shallow flooding means a designated AO Zone on the Flood Insurance RateMap (FIRM). The base flood depths range from one to three feet; a clearly defined channel 'does not exist; the path of flooding is un- predictable and indeterminate; and, velocity flow may be evident. C. Area of special flood hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. D. Ease flood means the flood hav- ing a one percent chance of being equalled or exceeded in any given year. E. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredg- ing, filling, grading, paving, excavation or drilling oper- ations located within the area of special flood hazard. F. Existing mobile home park or moblie home subdivision means a parcel (or contiguous par- cels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilit- ies, either final site grading or the pouring of concrete pads, and the construction of street) is completed before the effective date of this ordinance. G. Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affix- ed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets). H. Flood or flooding means a general and temporaFy condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters and/or 2. The unusual and rapid accum- ulation of runoff of surface waters from any source. I. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Adminis- tration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. J. Flood Insurance Study means the official report provided in which the Federal Insurance Admin- istration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. K. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood with- out cumulatively increasing the water surface elevation more than one foot. L. Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." M. Mobile home means a structure that is transportable in or or more sections, built on a per- s7 manent chassis, and designed to be used with or without a permanent foundation when connected to the required ut ilities. Tt does not include recreational vehicles -or travel trailers. N. New Construction means structure for which the "start of construction" commenced on or of ter the effective date of this ordinance. 0. New Mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities fo servicing the lot (including, at a minimum, the installa tion of utilities, either final site grading or the pour ing of concrete pads, and the construction of streets) is completed on or after the effective date of this or- dinance. P. Start of construction means the first placement of permanent construction of a structure (other than amobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of ex- cavation. Permanent construction does not include land (;+3 preparation, such as clearing, grading, and filling, nor O does it include the installation of streets and/or walk- r4 ways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temp- orary forms, nor does it include the installation on the GQ property of accessory buildings, such as garages or shed not occupied as dwelling units or not as part of the mai structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of con struction" includes the first permanent framing or assem bly of the structure or any part thereof on its piling o foundation. For mobile homes not within a mobile home p rk or mobile home subdivision, "start of construction" mean the affixing of the mobile homes not within a mobile hom park or mobile home subdivision to its permanent site. For mobile homes within mobile home parks or mobile home subdivision, "start of construction" is the date of whic the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installatio of utilities) is complete. Q. Structure means a walled and roo ed building, a mobile home or a gas or liquid storage tank, thatis prinicipally above ground. R. Substantial improvement means an repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: 1. Before the improvement or re- pair is started, or 2. If the structure has been dam aged and is being restored, before the damag occurred. For the purpose of this definition, " sub stantial improvement" is considered to occur when the fir t alteration of any wall, ceiling, floor, or other struct- ural part of the building commences, whether or not that alteration affects the external dimensions of the struc- ture. The term does not, however, include eithe : 1. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or 2. Any alteration of a structur listed on the National Register of Historic Places or a State Inventory of Historic Plac s. 68 S. Variance means a grant of relief from the requirements of this ordinance which permits construc- tion in a manner that would otherwise be prohibited by this ordinance. Section 3.0. General Provisions 3.1 Lands To Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Moab. 3.2 Basis For Establishing The Areas Of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitiled "The Flood Insurance Study for the City of Moab" dated December , 1979, with accom- panying Flood Insurance Rate Maps and Flood Boundary -Flood - way Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file with the City of Moab, 121 East Cneter Steet, Moab, Utah 84532, 3.3 Penalties for Noncompliance No structure or land shall hereafter be con- structed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable with the terms of this ordinance and other app- licable regulations. Violation of the provisisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards establish- ed in connection with conditions) shall constitute a mis- demeanor. Any person who violates this ordinance or fails to comply with any of tis requirements shall upon conviction thereof be fined not more than $299.00 or imprisoned for not more than 180 days, or both, for each violation, and in add- tion shall pay all costs and expense involved in the case. Nothing herein contained shall prevent the City of Moab from taking such other lawful action as is necessary to prevent or remedy any violation. 3.4 Abrogation and Greater Restrictions This ordinance is not intended to repeal, abro- gate or impair any existing easements, covenants or deed re- strictions. However, where this ordinance and other or- dinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 Interpretation In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirement; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any powers granted under State Statues. 3.6 Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposed and is based on scientific and engineering considerations. Larger floods can and will occurr on rare occasions. Flood heights may be increase by man-made or natural causes. This ordinance does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Moab, any officer or employee thereof or the Federal Insurance Admin- istration, for any flood damages that result from reliance on this ordinance or any administrative decision lawful made thereunder. 69 Section 4.0 Administration 4.1 Establishment of Development Permit A Development Permit shall be obtained be fore construction or development begins within any area of special flood hazard established in Section 3.2. Application ofr a Development Permit shall be made on forms furnished by the City of Moab and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structure fill, storage of materials, drainage facilities; and th location of the foregoing. Specifically, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all strucures; 2. Elevation in relation to mean 0 sea level to which any structure has been flood- 1-1 proofed; GU 3. Certification by a registered pr fessional engineer or architect that the floodproof ing criteria in Section2.2-2; and 4. Description of the extent to whi h any atercourse will be altered or relocated as a result of proposed development. 4.2 Desi:nation of the Zonin Administr:tor The Zoning Administrator is hereby appoin ed to administer and implement this ordinance by granting o denying developemnt permit applications in accordance wi h its provisions. 4.3 Duties and Responsibilities of the Zoning Administrator Duties of the Zoning Administrator shall include, but not be limited to: 4.3-1 Permit Review 1. Review all development per- mits to determine that the permit requirements of this ordinance have been satisfied. 2. Review all development per- mits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 3. Review all development per- mits to determine if the proposed development is located in the floodway. If located in the flood - way, assure that the encroachment provisions of Section 5.3 (1) are met. 4.3-2 Use of Other Base Flood Data When base flood elevation data has not been provided in accordance iwth Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Zon- ing Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Section 5.2-1, SPECIFIC STANDARDS, Residential Construc- tion, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Con- struction. 70 4.3-3 Information to Be Obtained and Maintained 1. Obtain and record the actual eler- vation (in relation to mean sea level) of the lowest habit- able floor (including basement) of all new or substantially improved structures, and whether or not the structure con- tains a basement. 2. For all new substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean seal level); and (ii) Maintain the floodproofing cert- ifications required in Section 4.1 (3). 3. Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4 Alteration of Watercourses 1. Notify adjacent communities and the Zoning Administrator prior to any alteration or re- location of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 2. Require that maintenance is pro- vided within the altered or relocated portion of said water- course so that the flood carrying capacity is not diminished. 4.3-5 Interpretation of FIRM Boundaries Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field con- ditions). The person contesting the location of the bound- ary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. 4.4 Variance Procedure 4.4-1 Appeal Board 1. The Board of Adjustments as es- tablished by the City of Moab shall hear and decide appeals and requests for vaiance from the requirements of this ordinance. 2. The Board of Adjustments shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Inspector/Zoning Administrator in the enforcement or administration of this ordinance. 3. Those aggrieved by the decision of the Board of Adjustments, or any taxpayer, may appeal such decision to the Seventh Judicial District Court, as provided in Utah. 4. In passing upon such applications, the Board of Adjustments shall consider all techni- cal evaluations, all relevant factors, standards specified in other sections of this ordinance, and (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the ser- vices provided by the proposed facility to the community; (v) The necessity of th facility of a waterfront location, where applicabl 71 (vi) The availability of alternative locations for the proposed use which a not subject to flooding or erosion damage; (vii) The relationship of the proposed use to the comprehensive plan and flo plain management program of that area; (viii) The compatibility o the proposed use with existing and anticipated dev elopment; (ix) The safety of acces to the property in times of flood for ordinary and emergency vehicles; (x) The costs of provid ing governemtnal services during and after flood conditions, including maintenance and repair of public utilities and -facilities such as sewer, gas, electrical and water systems, and streets and brid 5. Upon consideration of the facto CID of Section 4.4-1(4) and the purposes of this ordinance, the Board of Adjustments amy attach such conditions to the granting of variances as it deems necessary to fur- ther the purposes of this ordinance. 6. The Board of Adjustments shall maintain the records of all appeal actions, including technical information, and report any vaiance to the Federal Insurance Adminisrtation upon request. 4.4-2 Conditions for Variances 1. Generally, variances may be issuel for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing struc tures constructed below the base flood level, providing items (i) through (xi) in Section 4.4-1(4) have been fully considered. A3 the lot size increases beyond the one-half acre or less in size contiguous to and surround ed by lots with existing structures constructed below the base flood level, providing itmes (i) through (xi) in Section 4.4-1 (4) have been fully considered. As th lots size increase beyond the one-half acre, the techni- cal justification required for issuing the variance in- creases. 2. Variances may be issued for the reconstruction, rehabilitation or restoration of struc- tures listed on the National Registrer of Historic Place or the State Inventory of Historic Places, without regar to the procedures set forth in the remainder of this sec tion. 3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relie upon: 5. Variance hsall only be issued (i) A showing of good and suff cient cause; s. (ii) A determination that fail- ure to grant the variance would result in exceptional hardship to the applicant; and (iii) A determination that grant ing of a variance will not result in increas d flood heights, additional threats to public 72 expense, create nuisances, cause fraud on or vic- timization of the public as identified in Section 4,4,1 (4), or conflict with existing local laws or ordinances. 6. Any applicant to whom a vari- ance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the ocst of flood insurance will be commensurate with the increased rish resulting from the reduced lowest floor elevation. Section 5.0. Provisions for Flood Hazard Reduction 5.1 General Standards In all areas of special flood hazards the following standards are required: 5.1-1 Anchoring 1. A11 new construction and sub- stantial improvements shall be anchored to prevent flo- tation collapse or.lateral movement of the structure. 2. A11 moblie homes shall be an- chored to resist flotation, collapse or lateral movement by providing over -the -top and frame ties to ground anchors. Special requirements shall be that: (i) Over -the -top ties be pro- vided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less that fifty (50) feet' long requiring one additional tie per side; (ii) Frame ties be provided at each corner of the home with five additional ites per side at intermediate points, with mobile homes less than fifty (50) feet long requiring four additional ties per side; (iii) A11 components of the an- choring system be capable of carrying a force of 4,800 pound; and (iv) Any additions to the mobile home be similarly anchored. 5.1-2 Construction Materials and Methods 1. stantial improvements shall utility equipment resistant 2. stantial improvements shall and practices that minimize A11 new construction and sub - be construed with materials and to flood damage. A11 new construction and sub - be constructed using methods flood damage.' 5.1-3 Utilities 1. A11 new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 2. New and replacement sanitary.sew- age systems shall be designed to minimize or eliminate in- filtration of flood waters into the systems and discharge from the systems into flood waters; and 3. On -site waste disposal systems shall be located to avoid impairment to them or contemina- tion from them during flooding. 5.1-4 Subdivision Proposals 1. A11 subdivision proposals shall be consistent with the need to minimize flood damage; 2. A11 subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; 73 3. A11 subdivision propos als shall be provided for subdivision proposals and oth proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less. 5.2-1 AO Zone r New construction and substantial im provement of any residentail or non-residential structu e located in an AO Zone as specified on the community's F1' shall have the lowest floor (including basement) elevat=d above the crown of the nearest street to or above the depth number specified on the community's FIRM, or to- gether with attendant utility and sanitary facilities shall: 1. Be floodproofed so th.t below the base flood level, the structure i watertight with walls substantially imper- able to the passage of water; 2. Have structural compo ents capable of resisting hydrostatic and h drodynamic loads and effects of boyancy; an. U 3. Be certified by a reg- LL] istered professional engineer that the stan. CL] ards of this subsection are satisfied. ,Suc certifications shall be provided to the off- icial set forth in Section 4.3-3 (2). 5.2-2 Numbered A Zones New construction and substantial im- provement of any commercial, industricl or other non- residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, 1. Be floodproofed so tha below the base flood level the structure is watertight with walls substantially imperme- able to the passage of water; 2. Have structural compon ents capable of resisting hydrostatic and by drodynamic loads and effects of buoyancy; and 3. Be certified by a reg- istered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.3-3(2). 5.2-3 Mobile Homes 1. Mobile homes shall be anchored in accordance with Section 5.1-1(2) 2. For new mobile home pa ks and mobile home subdivisions; for expansions to existing mobile home parks and mobile hom subdivisions; for existing mobile home parks and mobile home subdivisions where the repai , reconstruction or improvement of the streets utilties and pads equals or exceeds fifty percent (50%) of value of the streets, utili ties and pads before the repair, reconstruc- tion or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require tha : (i) For numbered A Zon-s, stands or lots are elevated on compacted fil or on pilings so that the lowest floor of th 7 mobile home will be at or above the vase floor level. For AO Zones, the lowest floor of the mobile home must be at least one (1) foot above the crown of the nearest street. Minutes Continue - SVW& SID - tabled until May 6, 1980 Meeting. Copies of agreement nee ed for Council. Mayor declined signing State Mandate Survey. (ii) Adequate surface drainage and access for a hauler are provided; and (iii) In the instance of eleva- tion on pilings, that: (a) to permit steps, (b) placed in stable soil feet apart, and Lots are large enough Piling foundations are no more than ten (10) (c) Reinforcement is pro- vided for pilings more than six (6) feet above the ground level. 3. No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. 5.3 Floodways Located within areas of special flood hazard established in Section 3.2 are areas designated as flood - ways. Since the floodway is an extremely hazardous area due to the velocity of lfood waters which carry debris, po- tential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, includ- ing fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If Section 5.3 (1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction pro- visions of Section 5.0. PROVISIONS FOR FLOOD HAZARD REDUCTION. 3. Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. 6.0 Effective Date 6.1 Effective date of this Ordinance shall be 12:01 A. M., June 1, 1980. ATTEST: (SEAL) /s/ Karen L. Coursey, Deputy Recorder Mr. Dave Bretzke was present with a memorandum agreement for transferring servicing of approximately 206 metered customers in the Spanish Valley Water & Sewer Improvement District over to the District. They are presently being served by the City. Councilman Wiseman made a motion of the agreement, seconded by Councilman Tomsic. Attorney Coffman said this agreement should be in the form of an ordinance, to be ad- vertised twice, Councilman Wiseman added to his motion this issue be tabled until the May 6 meeting for a public hearing, seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic asked that copies of the agreement with the District, already on file, be given to the Council. Mayor Jacobs referred to a lengthy, detailed State Mandate Survey and asked the Council about filling it out. The Council expressed they were not in favor of completing it. APPROVED: /s/ Harold Jacobs, Mayor 75 Attorney Coffman said he had written the requested lett to Mr. Stoye requiring hiy; to take action on the paving work at his A-1 Storage. Mr Coffman said he had recei a letter from Mr. Stoye saying that he was getting bids on the work and was waiting until the weather was good enough to start the paving. Councilman White asked about the hiring of a Utilities Superintendent. Councilman Wiseman suggested the poss ibility of advertising right away so applications could be on hand shortly after an Administrator was hired. Mayor Jacobs advised the City hold off on this until an Administrator was hired since the Administrative office were going through a heavy work load period. Councilman Wiseman referred to a motion be made in the March 18 meeting regarding turning over of the sanitary landfill to the County. In this motion he stated the City pay no more than $1,000 per month in paying half o the expense for a period of six months. Councilman Wi man made the motion that the May 1 date be changed to June-1,1980 and that the paying of up to $1,000 per mon for six months be changed to be a time when either the City or County requests a readjustment, seconded by Cou Gilman Tomsic, approved unanimously. Councilman Wiseman mentioned two trailer courts that should be upgraded as part of City beautification. Fo the record, he said those City personnel charged with t responsibility of enforcing the ordinances concerning clean-up should see if something cannot be done about this. Councilman Wiseman also requested an extension of the 7 p.m. executive meeting to continue after the regular meeting. Mayor Jacobs said he had received a copy of a letter fr. the Grand Valley Fire Protection District to the Insura Services Office of Utah requesting regrading of the Fir= Department. The letter was written by Ralph J. Miller, Jr., Chairman of the Grand Valley Fire Board, and out- lined reasons for the request for a regrading. There was no action taken by the Council on the issue. r Fred Stoye - paving area near A-1 Storage edUnits. The Mayor asked for adoption by the Council of Resolutio #80-3 regarding Liquor Law Enforcement Allotment. Cou man Wiseman made the motion Resolution //80-3 be adopted, seconded by Councilman Brewer, approved unanimously. Resolution //80-3 as follows: City'of Moab, Utah RESOLUTION NO. 80-3 WHEREAS, the Mayor and City Council by reso- lution adopted a budget at their Special Meeting held fo the fiscal year commencing on July 1, 1979, and ending June 30, 1980; and WHEREAS, the Mayor and City Council has docu mented a line item appropriation to the Public Safety Department for expenditure on liquor law enforcement pro grams and projects for the prevention, detection and co trol of violations of liquor laws and violation of Chap- ter 6, Title 15 (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 WHEREAS, the City Auditor is instructed to maintain internal subsidiary control records to identfy expenditures applicable to the above noted programs and projects; and WHEREAS, the appropriation exceeds the follo ing amounts: Postponed hiring Utilit Supervisor for a while. Turn City dump over to County on June 1, 1980. Two trailer Courts men- tioned that needed to be cleaned up. xecutive session after regular meeting. Letter from Grand eValley Fire Protection requesting regrading. Resolution #80-2 adopt il- ed. Written as follows. 76 Liquor Law Enforcement Allotment General Fund 25% Matching Funds Total Appropriations $ 4,524.80 1,131.20 $ 5,656.00 Bill from Western Imple ment questioned, seeder questioned - not includ in the original order. Bills approved as sub- mitted Meeting adjourned into executive session. NOW THEREFORE, BE IT RESOLVED that the appropriations and expenditures for liquor law enforcement programs is as follows: Current Year Prior Year Appropriations Expenditures Salaries and Wages $ 18,000.00 Employee Benefits 5,400.00 Subscriptions and Memberships 15.00 Office Expenses and Supplies 75.00 Travel 120.00 Equipment Supplies and Maintenance 2,175.00 Telephone 195.00 Special Departmental Supplies 105.00 Professional and Technical Services 75.00 Services - Other 3,150.00 $ 15,071.93 3,934.89 7.50 45.15 168.85 1,555.71 159.44 145.89 39.83 2,510.38 TOTALS $ 29,310.00 $ 23,639.57 Passed this 15th day of April, 1980. APPROVED: /s/ Harold Jacobs, Mayor ATTEST: /s/ Karen L. Coursey, Deputy Recorder Councilman White question a bill from Western Implement of Grand Junction which included payment for a seeder, which d was not on the purchase order with the tractor and accessories. Mayor Jacobs said he had ordered this after the original order, but assured the Council it was for the price quoted in the bid and not more. Councilman Wiseman made the motion the bills be paid as sub- mitted, with the exception that an amount for Sanborn Equip- ment be changed from $18.44 to include a shipping charge which was excluded, a total of 19.64. The motion was seconded by Councilman Brewer, approved unanimously. Councilman Wiseman moved the meeting be adjourned to execu- tive session at 10:35 p.m., it was seconded by Councilman Brewer, approved unanimously. ATTEST: en L oursey, Deputy co=der CITY COUNCIL May 6, 1980 Mayor Regular City Council A regular meeting of the Moab City Council was held on the Meeting. above date in the Council Chambers. Mayor Jacobs called the meeting to order at 8:02 P.M. Present were Councilmen White, Tomsic, Brewer,and Wiseman. Councilman Peterson was absent as he was out-of-town. Also present,was Attorney Coffman, Engineer Keogh, Inspector Brundage, Treasurer McLeod, Sec- retary Johnson, 17 citizens and one employee. Correction to the minut-s Councilman Wiseman made a correction to the minutes of the of April 15, 1980 meet- April 15th meeting. On the second page, first paragraph, ing. first sentence, the part reading, " should continue to read, "effective at the commencement of next school year." Council- man Wiseman made the motion the minutes be approved with this correction, seconded by Councilman Brewer, approved un- animously. Mayor Jacobs opened the bids for a 125' Retaining Wall, 2 Bids were submitted as follows: 77 A -Quality Concrete $17.00/running t. Bids for 125' Retain ing Wall. Canyonlands Concrete & Contracting . . 1,250.00 A -Quality Concretes' bid computes to $2,105.00. A -Quality Concrete - Councilman Wiseman made the motion the Canyonlands low bid accepted. bid of $1,250.00 be accepted with the pending ap- proval of the City Engineer Keogh that all specifi.a- tions were met. Councilman Tomsic seconded, a..r.ved unanimously. Harry Snow, representing Dave Bretzke and the Span sh Memorandum agreement Valley Water & Sewer Improvement District, present d adopted between an ordinance (Ordinance #2-80), authorizing a memo SVW&SID and the City, randum agreement between the Spanish Valley Water Sewer Improvement District and Moab City. The Ordinance will allow approximately 244 City water customers to change over to the Spanish Valley Wat r & Sewer Improvement System. The District will be responsibile for transferring the lines, the trans er will not involve any City mains, only lateral wate lines. The small lines will be hooked up to Dis- trict mains. Attorney Snow asked that a provisio be included in the ordinance which would require that customers remain with the District if an area C served by the District is annexed by the City in t e future. Attorney Coffman expressed concern that he agreement might violate previous City bonding agre - W emnts, adding that the District must have the cus- tomers to fulfill financial obligations involved in the water project. An amendment was made and withdrawn concerning paragraph seven of the old a- greement. Mayor Jacobs called for a vote on the motion, a roll call vote was taken. Those voting aye: Councilmen White, Tomsic, Brewer, and Wise- man. No one voting naye. Approved unanimously. Ordinance #2-80 as follows: ORDINANCE 2-80 Memorandum Agreement THIS AGREEMENT, made and entered into this 6th day of May, A.D. 1980, by and between SPANISH VALLEY WATER & SEWER IMPROVEMENT DISTRICT herein- after called "DISTRICT", and MOAB CITY CORPORATION hereinafter called "CITY". WITNESSETH: WHEREAS, the District intends to construct Water System including Water Supply, Sotrage and D s- tribution Mains in Spanish Valley Southeasterly of the City of Moab; WHEREAS, it is the desire of the District t provide services for all residents within the Dis- trict there it is possible to do so; and WHEREAS, as the present time the City to be relieved of the obligations to serve those residen.s now served by the City and are residents of the District; and WHEREAS, at the present time the City is se vicing approximately One Hundred Five (105) custo- mers who are living within the District as describ=d in that certain Contract Documents for the conatru tion of the Spanish Valley Culinary Water System prepared by Nielsen, Maxwell & Wangsgard, dated March 1980; a copy of which is attached hereto as Exhibit "A"; and WHEREAS, those 105 customers are being ser- viced from lines tapped directly into one of the main trucnk lines belonging to the City; and WHEREAS, certain water mains, laterals, met and other accessories connected with a water syste have heretofore been installed in the area specifi rs lly set forth and described on Exhibit "B" attached hereto; and WHEREAS, approximately One Hundred Thirty -Nine (139) customers are presently being serviced by the City that reside within the District in the area described on Exhibit "B" above mentioned; and WHEREAS, the area specifically described on Exhibit "B" also contains fire hydrants that have heretofore been installed. The Brand Name and Location of said fire hydrants are set forth and described on Exhibit "C" attached hereto. NOW THEREFORE, in consideration of the Mutual Covenants and AGreement set forht, the Parties hereto agree as follows: 1. The District shall construct and maintain a Water System in Spanish Valley as set forth and described on Ex- hibit A. 2. Upon completion of the construction of said Water Systme, the District shall remove those individuals water lines servicing customers as shown in Exhibit "A" from the trunk mains of the City. 3. The water mains, laterals, meters and other install- ations that have heretofore been installed in the area set forth and described in Exhibit "B", shall, at the completion of the Spanish Valley Water,System, be transferred to the District and shall become a part of the system controlled by the said District, subject to the rights of and without pre- judice to the rights of bond holders of Moab City indebted- ness. 4. The District shall, at its expense, make all conn- ections and disconnections necessary to change the customers in the District from the City to the District. 5. A11 changes made shall be done in a workmanlike manner causing the least inconvenience to the City and each of the Parties hereto shall cooperate fully with the other in making the transfer. 6. The District shall honor all existing Contracts heretofore entered into by developers or customers and the City. 7. In the event that the City annexes any area with- in the District at some time, the District shall continue to service the said area annexed and collect water rates as de- termined by the District. 8. It is hereby agreed by and between the Parties hereto that this Agreemtn shall take precedence over all other Agree- ments that the Parties hereto entered into, and it is specifi- cally agreed that the Agreemtn dated December 7, 1976, and recorded in the office of the Grand County Recorder on Dece- mber 10, 1976, in Book 256, at Pages 157-164 is hereby cancelled, terminated and rescinded. IN WITNESS WHEREOF, the Parties hereto have set their hand and seal the day and year first above written. SPANISH VALLEY WATER AND SEWER THPROVI' ENT DTSTRICT /p/ W. Darwin Gilger, Chairman ATTEST: /s/ Neal K. Dalton, Clerk MOAB CITY CORPORATION /s/ Harold Jacobs, Mayor Seal /s/ Karen L. Coursey, Deputy Recorder STATE OF UTAH ) . ss COUNTY OF GRAND) On the 30th day of May , A, D. 1980, personally appeared before me W. Darwin Gilger and Neal K. Dalton , who being by me duly sworn did say, each for himself, that he, W. Darwin 9 Gilger, is the Chairman, and he, the said Neal K. Dalto is the Clerk, of SPANISH VALLEY WATER AND SEWER IMPROVE MENT DISTRICT, and that the within and foregoing instru went was signed in behalf of said corporation by author ity of a resolution of its Board of Directors and said W. Darwin Gilger and Neal K. Dalton each duly acknowled ed to me that said corporation executed the same and that the seal affixed is the seal of said corporation. Commission Expires: November 15, 1982 STATE OF UTAH ) : sS County of Grand ) /s/ David J. Bretzke Notary Public, Residing in Moab, Utah On the 30th day of May, A. D. 1980, persona ly appeared before me Harold Jacobs and Karen L. Coursey who being by me duly swon did say, each for himself, th-t he Harold Jacobs is the Mayor, and she, the said Karen L. Coursey, is the Deputy City Recorder, of MOAB CITY CORPORATION, and that the within and foregoing instru- ment was signed in behalf of said corporation by author ity of a resolution of its Board of Directors and said Q Harold Jacobs and Karen L. Coursey each duly acknowledg-d rl to me that said corporation executed the same and that .he seal affixed is the seal of said corporation. 04 /s/ Daivd J. Bretzke Commission Expires: Notary Public Residing November 15, 1982 in: Moab, Utah EXHIBIT "B" MEMORANDUM AGREEMENT SPANISH VALLEY WATER & SEWER IMPROVEMENT DISTRICT and MOAB CITY CORPORATION April 1980 The following water mains, laterals, meters and other accessories have theretofore been installed and connect ed to the Moab City water transmssion mains and will hereafter become a part of the District water system; there are approximately One -hundred Thirty -Nine (139) existing meted customers connected to this portion of t proposed District water system. DISTANCE SIZE & TYP LOCATION IN FEET OF LINE Jackson Street, from State Highway 163 to Jefferson St. 523'+ 6" PVC* Jefferson Street, from Jack- 395'+ 4" CIP ** son Street to Boulder Avenue. 5101+ 6" CIP State Highway 163, Crossing to Boulder Avenue 120' 8" CIP Boudler Avenue from State Highway 163 to Jefferson St. 265' 8" CIP Extension of Boulder Avenue through Assembly of God Sub. to Sinda Heights Subdivision 104'+ 6" CIP Extension of Boudler Avenue from Assembly of God Sub. into Sinda Heights Sub. up to lion Beason residence 350'+ 6" PVC State Highway 163, from Jack- son Street to Boulder Avenue 1,0881+ 6" PVC 80 LOCATION DISTANCE SIZE & TYPE IN FEET OF LINE Continued - Bowling Avenue Lane from State Highway 163 to Bittle Lane 639'+ 6" CIP Bittle Lane, from David Minor residence to Bowling Alley Lane 380'+ 4" CIP Bittle Lane from Bowling Alley Lane to Wagner Street 1,547'+ 4" CIP Wagner Avenue from Holyoak Lane to East extension of Bittle Lane 1,080'+ 6" CIP Sage DRive, Duschesne Drive, from Holyoak Lane to North end of Street 855'+ 6" CIP Holyoak Lane from Sage Drive east to existing fire hydrant 704'+ 6" CIP Holyoak Lane Street crossing 30' at east end of fire hy- drant 30' at Sage Drive 601+ 6" CIP TOTALS 8" CIP 385' 6" CIP 3,952' 6" PVC 1,961' 4" CIP 2,322' TOTAL 8,620 * Polyvinyl Chloride Pipe ** Cast Iron Pipe EXHIBIT "C" MEMORANDUM AGREEMENT SPANISH VALLEY WATER & SEWER IMPROVEMENT DISTRICT and MOAB CITY CORPORATION April 1980 The following ten (10) fire hydrants are connected to and are a part of the water main and lateral system as outlined in Exhibit "B": YEAR SIZE BRAND NAME LOCATION 1951 4" Pacific States Bowling Alley Lane & Highway 163 1968 5" Pacific States Bowling Alley Lane & Bittle Lane 1967 4" Pacific States Holyoak Lane & Highway 163 1956 5" Pacific $tatea North end of Wagner Avenue 1968 5" Pacific States Duchesne Street & San Juan Drive 1976 4" M2 Pacific States 5th Lot West of San Juan Drive on Holyoak Lane 1977 5" 150 Waterous 1962 5" Pacific States Jackson & Jefferson Street Jefferson Street between Jackson Street & Boulder Avenue 1977 5" N2 Pacific States Sinda Heights on Boulder Avenue 1962 5" Pacific States Boulder A at Jeffer son St. 81 e. 10 Total Attorney Snow also presented to the Council a Right -of way Easement for the Spanish Valley Water & Sewer Im- provement District. The Easement covered three areas, Millcreek Drive near Powerhouse Lane, East Bench Road near the Golf Course, and the South side of East Bench Road and the West side of Spanish Trail Road, near Shu way's property line. The Council granted this Easemen allowing water lines to cross properties mentioned abov Attorney Coffman said it would, require an ordinance (Ordinance #3-80), authorizing the Right-of-way Easemen Councilman Brewer moved that the Right-of-way Easement be approved., seconded by Councilman Wiseman. Mayor Jacobs called for a roll call vote, those voting aye: Councilmen White, Tomsic, Brewer, and Wiseman. A Unanimously. Minutes coned. - SVW& SID Right -of -Way Ease- ment approved. d Dave and Nancy Minor presented the Mayor and the Counci with maps of Plat B of Cottonwood Subdivision for final approval. Councilman Tomsic expressed concern over th safety factor, the planned access road to the subdivisi would be located near the intersection of Fourth East a Highway 163. The Council and the Minors discussed the possibility of reducing the speed limit on the highway south to McDougald 0i1 Company, no action was taken on the proposal. Councilman Tomsic, also expressed con- cern over the City being given the maintenance of the Fourth East Street. Attorney Coffman reassured her by passing the Plat B of Cottonwood Subdivision, the City would not be given the road. Councilman Wiseman moved that final approval be given to the Minors for Plat B, subject to conding seconded by Councilman Brewer,a,,ro unanimously. City Engineer Keogh offered to take any or all of the Council out to look over the propsed water lines dis- cussed in the Rights -of -way Easement. Mrs. Cook wanted to know if there was an ordinance pro- hibiting storing of old cars on lots in residential are Councilman Wiseman referred to a couple of Zoning Ord- inances, Section 27-3-10 and 27-3-9, Storage of Commer- cial Vehicles and Storage of Junk and Debris, (respecti You can't store inoperable vehciles in a residential zo These in question are Art Mitchells, they are antique cars, they are not junk cars, they are cars that are operable. It does not state that they have to be cove Councilman Wiseman asked Inpsector Brundage to make a study about this and present What's actually the code s we can proclude this sort of thing from now on. Inspe tor Brundage said he had already written this man a,let concerning some chickens he had on his property, he sai the law does not define clear enough for any action to be taken. The law just states junk and debris. Attorney Coffman mentioned another Zoning matter concer Delbert Oliver regarding the dividing of the land on Fifth West, into three separate lots without complying with the Subdivision Ordinance. It was stated and agr by the Council that there would be no.building permit issued for the hom purposed to be moved in on the third lot, until Mr. Oliver complies with the Subdivision Or- dinance. Inspector Brundage addressed Attorney., Coffman regarding Fred Stoye's drive way recently installed. However, it did not meet the requirements. The Council requested a letter be written to Mr. Stoye advising him he had 15 days to meet these requirements originally agreed upon. Attorney Coffman advised the Flood Plain Ordinance had been signed by the Mayor and a copy was sent to Denver. Attorney Coffman corrected any wrongful impression that Moab City rebelled when talking to Mr. Karshner. _ Some- The Council approved final plat for Dave & Nancy Minor's Subdivisii n d d Engineer Keogh offered to show council the locations of proposed aLer lines. s. Mrs. E. Cook re: care and chickens on Rose- ely). tree Lane. e. ed. er ng No building permit will be issued, until he complies with Sub- ddivision Ordinance. Fred Stoye's drive way at A-1 storage. Flood Plain Ordinance sent to Denver to show Moab City's acceptance. Flood lain Cont'd. one from the Denver Office will speak to the Moab public in the near future. Duane Wimmer case, suits and counter suits filed. Discrimination hearing held May 15, 1980, at 2:00 P.M. Trailer Courts not in violation of zoning or- dinance. Croasman not in viola- tion, but body shop. Attorney Coffman commend A/C/0 Curtis Fleming. Single family dwelling ordinance in violation in Palisades Subdivision Large Cottonwood tree to be trimmed instead of cut down due to cost. Ralph Y. McClure new City Administrator. Art Manzanaraus, BOA request to put trailer on his property discusse Request for grass catche for lawns postponned until budget hearing. Bills approved with the exceptions of BCBMC & Allen Memorial Hospital. Attorney Coffman presented progress report in the Duane Wimmer case, advising there has been suits and counter suits filed. Attorney Coffman is presently waiting for City in- surance carrier's approval of a legal answer he has drafted. Mayor Jacobs announced a personnel Discrimination hearing will be held Thursday, May 15th at 2:00 P.M., in the Council Chambers and Council was urged to attend. The Council had heard a complaint several Council meetings ago about debris in Virginia Johnson's trailer court in the vicinity of Walnut Lane. The Mayor and Attorney Coffman investigated trailer courts belonging to Mrs. Johnson, Dr. Mayberyy. and the Nelson's. It was the opinion orAttor- ney Coffman from this tour that no City Zoning ordinance was being violated. Attorney Coffman updated the Croasman case, he advised that Croasman is not the violator, instead the body shop tennants are creating the eyesore and he intends to file action against the body shop owner. Attorney Coffman commended Curtis Fleming on the excellent job he is doing as Animal Control Officer. There was some discussion regarding a residence in Palisades Subdivision in violation of the single family dwelling or- dinance and it was agreed a lettter to that effect should be written to the owner. Councilman White questioned the status of the Cottonwood tree. Mayor Jacobs said the tree would be trimmed instead of cutting it down, due to the cost. Mayor Jacobs announced that Mr. Ralph Y. McClure had accepted the position of City Administrator. Councilman Brewer inquired about the Board of Adjustments meet- ing involving Art Manzanarus's request allowing a trailer be .placed on hie property for his father. There had been har- assment against some neighbors who are against the trailer being placed on his property. Mayor Jacobs' request that the City consider the purchase of a grass sweeper attachment for the lawn mower at an estimated cost of $4,500 be postponned until the forth -coming budget hearing. Councilman White had two questions concerning the bills, one from Boise Cascade Building Material Center, on the new shop addition signed by Vinnie Camberlango, as to why these were being charged to the City, the Mayor replied, that Boise Cas- cade Building Material Center was charging sales tax when they shouldn't. Councilman Tomsic made the comment'that it was illegal to handle a bid in this manner. It should be billed to us in three stages. Councilman White suggested that an accumulative total and substantial paper work back- ing it up be presented at the meeting on the 20th of May. Councilman White also questioned the bill from Alien Memorial Hospital 'for Fay M. Landon and Nancy C. Williams, for exam- inations. Attorney Coffman made the comment that it was not the responsibility of the City to pay these, they should be withheld, pending a complete explanation. Councilman White made the motion that the bills be paid with the excep- tion of the Allen Memorial Hospital bill of $60, Councilman Wiseman seconded the motion, approved unanimously. Councilman Wiseman moved the meeting be adjourned at 11:28 P.M., seconded by Councilman Tomsic, approved unanimously. oursey, peps F Recorder CITY COUNCIL May 20, 1980 82A A regular meeting of the Moab City Council was held on the above date in the Council Chambers. Mayor Harold Jacobs'called the meeting to order at 8:03 P. Present were Councilmen Peterson, White, Tomsic, Bre and Wiseman. Also present were Attorney Coffman, I Spector Brundage, Assistant Police Chief Brownelle, Secretary Johnson and 27 citizens. Councilman Brewer made a correction to the minutes o the minutes of the May 6th meeting. On page 3, sec and paragraph from the bottom, the second sentence was deleted and changed to read "there had been har- assment against some neighbors who are against the trailer being placed on his property." Councilman Wiseman made the motion the minutes be approved with this correction, seconded by Councilman White, ap- proved unanimously. Marden Millward with Utah Power & Light Company, who was on the agenda was not present, so the meeting continued as scheduled. Ben Hendricks was also on the agenda, but was not present. Ken Rhea, Assistant District Manager of the Moab Dis trict of the BLM, displayed a map of the wilderness and the proposed wilderness program in the Moab area Mr. Rhea urged interested persons to submit written comments concerning specific units being considered for wilderness inclusion. There was some discussio if the areas do become wilderness, no new developmen would be allowed on this land, only what is going on at the present time. A gentleman in the audience spoke up directing a question to Mr. Rhea, wanting t know why you can't ride horse -back up Negro Bill Can yon. Mr Rhea said he wasn't aware that you couldn' He told the gentleman that he would do some research into it and to call him at the BLM office the follow day. Mr. Orb Wiggle, acting as spokesman for a group of Walnut Lane residents, came before the City Council to present a petition asking that Arroyo Road be closed. Mr. Wiggle pointed out the road closing would only be temporary in order to count the throug traffic and how many actually stay there. The res- idents would like to see the City install speed trap and speed signs. Les Erbes spoke up from the audi- ence and suggested the group form Neighborhood Watch Program to help cut down on the crimes in the area. Mr. Wiggle said that that had been done to some extent. Councilman Brewer said he had talked to Chief Dalton about using or borrowing some count- ing -devices. After a lengthy discussion, it was de cided that the road could be closed if the section running through the trailer court is private propert Attorney Coffman commented if the road is a dedicate City street, a public hearing will have to be held before any closure, Councilman White made the moti the City obtain theitraffic counting devices so they can study,the traffic, Councilman Brewer seconded, approved unanimously. Ben Hendricks, who was scheduled earlier, arrived. Mr. Hendricks represents Four Corners'Community Broa casters. He asked the Council for support for a no profit, non-commercial, FM Radio Station, located in Blanding, covering most of San Juan and Grand Counti Mr. Hendricks asked that Moab City consider contri- buting $500 a month for -three months to ,help the pro ject get_under way. He said-that;Monticello City and Blanding are supporting with donations of money office space. He,explained-the station's programmi would include mostly jazz and classical music with some country wester. The station will also provide Regular Meeting and attendance. er Minutes approved with corrections. Mr. Millward not pre- sent, agenda proceded. Mr. Hendricks not pre- sent, agenda proceded. Ken Rhea, BLM, Wilder- ness. ng Walnut Lane residents want road closed for traffic count. n .Ben Hendricks, Four - Corners Community - Broadcasting, FM Radio Station - asking for sfinanical support from the City. nd g 828 FM Radio Station flontinued. Inoperable vehicles Sportsman Club stock pond at Old City Park with trout. Closure of road in Wal- nut Lane, pros or cons for Police Department. Dennis E. Byrd, Palisad Subdivision. a public forum_and educational programs. Plans call for the station to be multi-lingual, with the majority of pro- gramming in English, with some Spanish and Navajo. The station's operation will be overseen by a Board of Dir- ectors made up of citizens from the communities served. He commented that the FM Station would offer a noncompetitive alternative to commerical radio. He -asked that the Council write a letter of support for the project, whether or not they contribute money. Councilman Wiseman moved the dis- cussion be tabled until the Council could study the pro- posal, Councilman White seconded, approved unanimously. Inspector Brundage discussed with the Council the removal of inoperable vehicles from property in residential areas in the City. Inspector Brundage clarified some of the applicable ordinances. Ordinance 27-3-10 states: Storage of Junk and Debris in residential zones prohibited: No yard or other open space surrounding an existing building in any residential zone, shall be used for the storage of junk or debris or inoperable vehciles; and no land shall be used for Bach purposes, except as specifically permitted herein. Council- man Peterson recited ordinances 16-1 and 16-2 "Nuisances" and "Public nuisnnce; a "Public -nuisance" consists of unlawfully doing any act of omitting to perform any duty which act or ommission results in any of the following: 16-1 "Nuisance" and Public Nuisance (a) Annoys, injures or endangers the comfort, re- pose, health or safety of three (3) persons. (b) Offends public decency. (c) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for pass- age, any lake, stream, canal, or basin, or any public park, square, street, or highway. (d) In any way renders three (3) or more persons insecure in life or the use of property. 16-2 Creation, Maintenance, etc., of Nuisance Prohibited: No person, either as owner, agent or occupant, shall create, maintain or aid in creating or contributing to a nuisance. In order for Mrs. Cook to get any where with her complaint, at least two more people must file a complaint about the cars. Members of the Moab Sportsman's Club asked the Council's per- mission to stock the pond in :the Old City Park_ with trout, to provide a fishing spot for youngsters. Attorney Coffman said that the City's insurance didn't carry liability for such a project, and that the fence around the pond and the steep banks could be dangerous. Mayor Jacobs pointed out the park is for groups with reservations and stated that adult super- vision would be necessary. Garth Carter stated that kids over 12 years of age must have a fishing license. After a lenghty discussion, Councilman Wiseman made the motion allow- ing the Sportsman Club to use the pond at the Old City Park for 9 consecutive days commencing on May 31st, for fishing, with the stipulation that two adult supervisiors from the Sports- man Club will supervise duringthesehours: 8 A.M. to 8 P.M. on the weekends and 4 to 8 P.M. on weekdays. Further, two signs stating hours, no fishing without two adult supervisors and that the project was under the sponsorship of the Sports- man Club. Further permission was granted to stock the pond on May 29th. The motion was seconded by Councilman Tomsic, approved unanimously. Councilman White directed a question to Assistant Chief Brown- elle, who was in the audience, would closing Walnut Lnae be a help or a hindrance to the Police Department? Brownelle replied it wouldn't make a lot of difference either way. Dennis E. Byrd came before the Council requesting permission to extend Westwood Street and Palisade Street so he can de- velop two lots for Farm Home Rousing. He proposed he be issued building permits, prior to the completion of the ut- ilities on the -basis of agreeing to complete the utilities OPD 1-4 U :La i1] or turn the money ,for them to the City when the loan co tracts are finalized. A11 improvements to be firm.bid prior -to start of any construction, and agreement finals before issuing building permits. Utilities to include curb, gutter, street, water and sewer. Sidewalks not included. Councilman Tomsic made the motion the Counci -grant Larry permission to issue the building permits wit a six month limit on the improvments from the date of issuance of the building permit. Councilman Brewer sec onded, approved unanimously. Attorney Coffman mentioned a couple of updates in the $t of Utah Law. The present code has been amended twice in the last three years. Any government body must provide defense, which means the City will have to establish a fund to cover all misdemeanor offenses in the City which would require the Council's approval. One alternative would be to reduce all violations of the City Code to in fractions, which are not a misdemeanor and cannot result in a jail sentence. Involved would be DUI - Driving Und the Influence of Intoxicating Liquor, DDR - Driving Duri Revocation, Shop Lifting, and Petty Larceny. Councilma Wiseman was opposed, he had several questions regarding defendant's claiming indigency. Attorney Coffman will prepare the ordinance and talk to Harry Snow and the Cou about being the Attorney for these cases. The Council briefly discussed Councilman Wiseman's lette of resignation. Besides his City Council seat, he must be replaced on Special Service Water District and Commit for Senior Citizens building fund. Councilman Wiseman suggested a City Councilman be named. Attorney Coffman informed the Council his replacement for City Council, would be only until the next general election, which is November and take office in January. Councilman Brewer mentioned the letter from the Chamber Commerce requesting $400 for fire works, which is 1/3 of the total cost, to be divided with the County and the Chamber of Commerce. Councilman Wiseman moved that the Council approve the $400 expenditure, to be included in 1980-81 budget, in the same motion a letter be sent to t Chamber of Commerce, hereafter that requests come at bud get time. Seconded by Councilman White, approved unani mously. Councilman Brewer questioned the salary for the manager of the Swimming Pool, in her proposed schedule she said $1,000, but it was decided back in March at a City Counc meeting she be re -instated at $900 a month. Also, on the proposed schedule, the Mayor deleted the last item - No Kayaks. The season pass fee will remain the same. Councilman White inquired about the retaining wall in Ho Subdivision, (bids reviewed and accepted at previous mee ing). Mayor Jacobs told Councilman White that it was complete. Councilman White also inquired about the Budget Hearing which is scheduled for Thursday, June 26, 1980. He als mentioned, after reviewing the new financial report, fun will have to be transferred interdepartmentally. Counc man Tomsic said that was normal proceedure. Mayor Jacobs mentioned a memo he received from Ralph MCC concerning an Auditor for the Budget. The Mayor can ap point Ed Claus, CPA. There was some question as to whe ther Mr. Claus, doing the monthly work, could legally do the yearly audit. The Mayor was going to check with Mr Hymns at the State Capital. Mayor Jacobs told the Council about a citizen who brough a license number to him, some guy pulled his truck up to the trash cans and was dumping his trash at the City Par He also told the Council about the horses being rode thr the City Park. The Mayor would like permission to tell the dispatcher not to open the City yard to weigh trucks or to get water on the weekends. They call men from th shop or a policeman and the City has to pay them over- time. 82C - Dennis E. nyrd Palisades cont'd. ed to Changing Misdemeanors to Infractions. r g ty Councilman Wiseman resigns as Councilman. ee f $400 to be budgeted for fire works. he e Swimming Pool Manager Salary to remain at 1$900 - and no Kayaks. bs Retaining wall in- - stalled in Hobbs Sub. Budget Hearing sched- uled for June 26. s 1- ure Ed Claus to do audit ugh Unauthorized dumping at City Park. tall I Recreation Board reque! 10% budget increase. There was a request from the Recreation Board for a 10% in- crease in their budget, for the ski program. There is a charge for the program to the participants, but it doesn't cover the entire cost. Glenn Victor requests gate be installed at ball park for con- cessions. Councilman Peterson resigns from Economic Development Board - Councilman White ap- pointed in his place. Building Inspector will inspect work done on the new shop. Bills approved for payment. Adjournment. Glenn Victor is putting in a concession buggy over at the ball park and wanted the City to put in a gate so he could put the buggy inside. Councilman Tomsic informed him that the City did not have the money for his project. He said he would install the gate at his own expense, then at the end of the season, take the cost of installing the gate out of the percentage that would go to the Recreation Board. Ted Sorrenson, Chairman,,would have to call a special -meet- ing with the Recreation Board and the Board would have to make that decision. The Mayor received a letter from Councilman Peterson request- ing he be replaced on the Economic Development Committee. With permission of the Council, Mayor Jacobs would like to appoint Councilman White to the committee. The Council adjourned for executive session for 10 minutes. Councilman White suggested that the City/County Building Inspector inspect the work on the new shop, put in writing, stating that it meets the specific specifications, before the final bill be paid. Councilman White asked if the Council shouldn't also approve the amount over the actual bid - Definitely. Councilman White moved the Council approve" the bills for payment including Vinco Construction, conditional on the acceptance of the inspector, Councilman Wiseman seconded, approved unanimously. Councilman Wiseman moved the meeting be adjourned at 11:58 P.M., seconded by Councilman Peterson, approved unanimously. ursey, .-puty Y orde CITY COUNCIL Bid Opening for Garbage Contract May, 27, 1980 8$ A -special meeting -was called to open bids on the Garbage Contract on the above date in the Council Chambers, Moab City Hall. The meeting -was called to order by Mayor Jacobs at 8:06 P.M. Present were Councilmen Tomsic, White, Peterson and Brewer. Councilman Wiseman was ab- sent. Also present were Attorney Coffman, Secretary Johnson and 5 citizens: The only bid submitted was from Robert Hawks, dba Bob's Sanitation, our present contractor. After Council re- viewed the different services offered, Councilman Tomsic made the motion to accept the Council's selected garbage pick-up service bid for twice -a -week, back door pick-up, in the residential area•at $8.25 a month. Business, Commerical and Institutional, 100 gallons per week, twice a -week pick-up (50 gallons each) at a minimum of $10.00 a month. And all of the other modifications stipulated in the contract for a term of six years. Councilman Peter- son seconded, approved unanimously. Mayor Jacobs had a couple of other things to discuss with the Council, one was concerning the Airport. Mr. Dan Nelson with the State Aviation Division had phoned him regarding the Canyonlands Airport and advised he's workin for a subsidy to have a large airline come into the Moab area on a regular schedule. The subsidy would be forth- coming and there's a hearing coming up in Washington. They still need considerable amount of data at a cost of $1;500.00 to $2,000.00 to the City which would be an in- vestment, however, this should be discussed with the Coun Mayor Jacobs said the City needs a regular scheduled air- line in and -out of Moab. The City still has $2,000.00 i the Community Relations Fund, that could be used along this line. There was no action taken. Councilman Tomsic mentioned that on her way to this meeti she passed the City park and saw at least five dogs in th park. The Mayor replied that he would like to hire some bouncers to control this situation. The Mayor also mentioned that the shop crews are working on the signs to be placed at both ends of Walnut Lane and Arroyo Road; the signs read: Private Property, Resident Only, No Thoroughfare, Street Open to Residents Only, som should be completed and installed by tomorrow. Attorney Coffman stated that the middle lane through Mrs. Johnson' trailer court has a quit claim deed on it and has never been transpoased to the raod. Councilman Tomsic had a phone call from a resident in Walnut Lane Trailer Court requesting it be a fire zone for the fire trucks and the ambulance. Councioman Brewer said he had contacted both of these officials prior to last weeks meeting and learne they are not used for either service. The Mayor reported that the ditch was dug today at the Ci Park for the new pump being installed in accordance with the new Sprinkling system. Councilman Peterson moved the meeting be adjourned at 8:47 P.M. seconded by Councilman White, a..roved unanimou Speical meeting to ac- cept new garbage con- tract. Bid from Robert Hawks dba Bob's Sanitation was accepted for twice - a -week pick-up for $8.25 per month. Funds for studying the feasibility of an air- line coming into Moab at the County Airport. y. g Stray dogs in the City Park discussed. Signs being made for Walnut Lane and Arroyo Road. Ditch for new Sprink- ling system at Park has been dug. Adjournment. APPD: ATTEST: arold Jafs, Mayor Kare.L.-Cou ey, Depu y Reco CITY COUNCIL June 3, 1980 A regular meeting of the Moab City Council was held on th Regular Meeting. 84 Regular meeting and attendance. Minutes approved. Traffic Counters for Walnut Lane being checked on and signs have been put up. Letter of non-support from KURA Radio of FM Station. Engineer Keogh attends Road School and Mill - Creek and Hobbs work completed. Public hearing set for June 17, 1980 for flood insurance for mobile homes. Councilman Wiseman's resignation discussed. Discrimination Suit dropped. Council will review budget before the hearing June 26. above date in the Council Chambers. Mayor Jacobs called the meeting to order at 8:00 P.M. Present were Councilmen Tomsic, White and Brewer. Councilman Peterson was absent and Councilman Peterson was absent and Councilman Wiseman was not in attendance as he had to leave prior to his res- ignation. Also present were Attorney Coffman, City Engin- eer Keoght, Administrator McClure, Deputy Recorder Coursey, Secretary Johnson, the Media and 1 citizen. Councilman Tomsic made the motion the minutes of the May 20th meeting be approved as submitted, seconded by Council- man White, approved unanimously. Mayor Jacobs advised citizen Ted Knight from Walnut Lane that the City would have to wait for the traffic counters before any action can be taken regarding the Arroyo Road closure. Attorney Coffman stated a solution may take legal action. Mayor Jacobs mentioned to the Council eight signs had been placed on Walnut Lane and Arroyo Road and that he had been informed by residents that the traffic signs had reduced soem of the through traffic. Councilman Brewer feels the road should be closed; that the matter should therefore be brought before the City Planning Commission for their invest- igation and recommendation, and so moved. Councilman White seconded, approved unanimously. The City Planning Commission meeting will be advertised for public hearing. Rich Laub, an employee of KURA Radio, submitted a letter from Station Manager, Rand Taylor, voicing their non-support of the FM Radio Station introduced to the Council at the May 6th meeting by Mr. Ben Hendricks of Four Corners and providing classical music, local topics and an educational format, but did oppose the FM Station asking for outside financial support from the City. The Council agreed with the feelings expressed in the letter. Councilman White moved that the Council re- ject Hendricks request for financial aid. Seconded by Council- man Tomsic, approved unanimously. City Engineer Keogh gave a brief report on :he Road School he attended. He attended meetings concerning concrete and learned about a new patching material for filling in holes, though this product was quite expensive. He also gave a run down on the Millcreek Drive Wall; it is complete and ready for sidewalk installation. The wall in Hobbs subdivision constructed by Canyonlands Concrete is also complete. Attorney Coffman announced a possible hearing at the next Council meeting on a proposal to amend Section 27-25-1 of the Moab City Code, to comply with Federal Flood Insurance regulations. The amendment would require that Moblie homes in designated flood plain areas meet Federal Regulations regarding tie - downs and foundations. Councilman Tomsic.had made a pre- vious statement that the Federal Government is "Blackmailing" the City by threatening to withhold all Federally insured financing if the City does not enact the regulations. The Council had previously adopted an ordinance requiring that the Federal standards be met in new homes. Mayor Jacobs stated that an attempt was being made to bring in a Federal representative from Denver to explain the regulations to local real estate firms and interested citizens. The Council briefly discussed Councilman Wiseman's resignation. Evidently, Councilman Wiseman had to leave town prior to his date of resignation. Attorney Coffman pointed out that the Council can appoint any registered voter to fill the re- mainder of Councilman Wiseman's term. The Council invites applications from interested citizens. Attorney Coffman stated that the Discrimination case against the City has been withdrawn, so that matter is closed. Councilman Brewer asked when the Council would be able to re- view the budget before the hearing on June 26th. Mayor Jacobs said the Council will have a chance to review the budget prior to the hearing upon its completion. Parking and traffic a problem at the Base - all park. Councilman Brewer mentioned the problem of traffic and parking around the Baseball park. He suggested that stripes be painted on the stree so that all of the parking would be angle parking rather some of it parallel, thereby providing more room. Councilman Brewer wondered how soon this could be done, if it had to be budgeted and so forth. Mayor Jacobs said it would take four men about two weeks to complete such a project with the equipment they have, and that possibly they could start with First South, since that i where the biggest problem is. Councilman Tomsic reminded the Mayor to rescind all ap- pointments of the Council and department heads and give them to Administrator McClure. She also suggested the Council think about a gift for Councilman Wiseman, this is standard proceedure, as he was with the Council about 4 years. Councilman White welcomed the new City Administrator, Ra McClure. He also inquired about the $1500 to $2,00 for airport whichT-was discussed in the Garbage meeting. Ma Jacobs told Councilman White he'd left that up to Counci man Peterson, -and didn't know what had transpired, but th he:will talk to Councilman Peterson. It had been,decid the money for the airport would come out of the Communit Relations Fund. Councilman -White also mentioned a lett from Blue Cross - Blue Shields; the increase will be approximately $5.00 per employee. Mayor Jacobs said he had talked to Mary Martin about her salary, which will be left at $900 a month. Mary menti to the Mayor all the acts of vandalism recently occurrin at the swimming pool. Mayor Jacobs suggested the Counc consider having a uniformed Police Officer patrol the Ci Park on foot, on a regular beat. The matter will be di cussed with Police Chief Dalton. Mayor Jacobs informed the Council about a no -host break- fast to be held at 7:00 A.M., on June 13th, at the Ramad Inn with a group from the University of Utah. In 1977 t group conducted a study of our area, and as they are now ready to present it for approval they would like to have members of the City Council and various groups and citiz present. The City has been asked to contribute $50.00 to the Amer ican Waterworks Association. The Waterworks Associatio is fighting the EPA, as,they feel the EPA is over-steppi their bounds by creating a difficult situation for Cities under a ten thousand population. Their membership fees don't quite substantiate the expenses involved with this fight. Councilman Tomsic made the motion the Council donate $50.00 to the American Waterworks Association to take the EPA to court, seconded by Councilman Brewer, a. proved unanimously. The Mayor mentioned the busy schedule at the swimming poo this season. Councilman White said his children were taking lessons and are very excited about the things they are learning. He also said Mary Martin was doing a area job. Mayor Jacobs attended a meeting in Salt Lake on Monday, June 2nd, at which time a committee was set up by the Gov ment to study the active waste disposal, not tailings. The committee consists of elected officials, some of whic are Eddy Boyle from San Juan, Hardy Redd from Monticello, Hommer Bunnell, Mayon Jacobs and various university pro- fessors. The states won't have any say in the matter. Washington is going to make the investigation. Governor Matheson said he is trying to get a study going so we can be informed. The program is supposed to take 14 years to conduct. Councilman Tomsic made the motion the Council accept the letter of resignation from City/County Building Inspector Brundage. Seconded by Councilman White, approved unani- mously. His resignation will become effective June 20, 1980. Administrator McClure said Inspector Brundage has agreed to continue hie inspection duties on a consulting basis until a replacement can be found. Inspector Brund age will work out a schedule with Administrator McClure, and will be paid on an hourly basis on $9.25/hour. Mr. Brundage will have the use of the City vehicle during the time he is performing services for the City, but the vehi Paint parking lilies for angler parking around ball park. Councilman Wiseman's resignation - gift. Rescind all depart- mental appointments from Council members. ph Introduction of new he City Administrator - or Ralph Y. McClure. t Funds from Community d Relations fund for Air -port. r Swimming Pool Mgr. ned salary will remain at $900 a month. 1 Acts of vandalism y at swimming pool dis- cussed. Breakfast with group from U of U about is 1977 Survey. s $50.00 donated to the American Waterworks Asso. for fighting the EPA. Busy swim schedule. Mayor Jacobs appointe rn- to committee to study active waste disposal. Inspector Brundage will do inspections on a con sulting basis after his termination date. le &M ng Inspector cont'd, will be parked at the end of eabh day at the City Shop. A11 of the above will have to be agreed upon with the County Commissioners. Transfer monies from aevenue Sharing into Capital Project Funds. Change bill procedure. Les Erbes requests a letter be written to ABC's Wide World of Sports for Castle Rock Climb. Division of Water Res- ources given approval for water rights. Cost of signs for Wal- nut Lane Closure & problems that arose at the old City Park from the trout. Bills approved. Adjournment. Regular meeting & atten ance. Administrator McClure told the Council immediate action needs to be taken to designate Revenue Sharing Funds. The monies in Revenue Sharing Funds need to be transferred to Capital Project Funds. If not, the City could stand to loose this money at the end of the fiscal year. He suggested that $228,770 be appropriated for a new swimming pool, $9,000 for Administrative equipment, $12,000 for Water and Sewer, and $3,500 for Utilities equipment, for a total of $253,270. Even though substantial additional funds will be necessary for the pool project, once the money is appropriated, it can be retained by the City. Administrator McClure said an ordinance would be needed, specifying a proposed'commence- ment and completion date for the pool along with the total coat estimate. Councilman Tomsic made the motion that the funds be transferred out -of Revenue Sharing Funds into Capital Project Funds: $228,770 for a Swimming Pool, $9,000 for Administrative equipment, $12,000 for Water/Sewer, and $3,500 for Utilities equipment for a total of $253,270 and that Attorney Coffman be instructed to prepare an ordinance for consideration. Seconded by Councilman White, approved unanimously. Administrator McClure said he would like to change the pro- cedure for the presentation of bills to the Council. He would like to attach a supplement with the Agenda, which would consist of what the purchase was, which department made it, and the total purchase amount. The bills would also be at the meeting if there were any questions con- cerning them. Les Erbes, who was in the audience, asked if someone would write a letter to ABC's Wide World of Sports, thanking them for an excellant job in televising the Castle Rock Climb in which:Moab was mentioned so favorably. Councilman White made the motion to write ABC's Wide World of Sports a letter seconded by Councilman Tomsic, approved unanimously. Don Robinson, Utilities Coordinator, reported to the Council that the Division of Water Resources had given a blanket approval of City Water rights totaling 11 second/feet from six wells. At the maximum, the City's sources can produce 4,000 gallons per minute. Mr. Robinson told the Council in great detail how much money and time the signs were for the Walnut Lane and Arroyo Roads. He said it ran the City completely out of sign supplies and cost a total of $474. He further told the Council about the complications of giving the Sportsmans Club permission to stock the pond at the Old City Park with trout. He said that the water had to be diverted to the pond, requiring the shut- down of a chlorination station. He asked that the Council consider all ramifications before making any decision. Councilman White moved the Council approve the bills for pay- ment as presented, seconded by Councilman Tomsic, approved un- animously. Councilman Tomsic moved the meeting be adjourned to executive session at 9:44 P.M. for the purpose of discussing personnel matters, seconded by Councilman White, approved unanimously. ARP VED: ATTEST: HaFO a••.s, Mayor re, T corder CITY COUNCIL June 17, 1980 A regular meeting of the Moab City Council was held on the above date in the Council Chambers. Councilman Peter- son called the meeting to order at 8:03 P.M., as Mayor Jacobs was out of town on City business. Present were Councilmen Brewer, White,and Tomsic. Also present were Attorney Coffman, City Engineer Keogh, Police Chief Dal- ton, Administrator McClure, Treasurer McLeod, Secretary Johnson, the Media and eleven citizens. Councilman White moved the minutes of the June 3rd, 1980 meeting be accepted as written, seconded by Councilman Brewer, approved unanimously. Regular meeting87 and attendance. Minutes approved as written. Councilman Peterson turned the meeting over to Administr - Proposed priorities tor McClure, who presented to the Council and the audien e, for Revenue Sharing an outline of the proposed uses of the Revenue Sharing Funds. Funds. The outline showed the Unappropriated funds to be $66,700.00 as of June 30, 1980. Entitlement Funds are $29,743.00, Guaranteed Funds $96,443.00. Anticipat d funds, to be allocated between October 1, 1980 to Sep- tember 1, 1981 should total $89,229.00. Resulting in a total of $118,972.00. Administrator McClure presented a liet of priorities for the Revenue Sharing Funds which are: Police Equipment, Data Processing Equipment, Auto Testing Equipment, Office Equipment, New Office Building Addition, 1 million gallon water tank, Wastewater Treat- ment Plant, and Swimming Pool. There were no comments 0 or questions from the audience. Attorney Coffman summarized an amendment to the Moab Cit Change imprisonment D4 Code which would change some imprisonment offenses to In offenses from Misde- fractions rather than Misdemeanors with the following meanors to Infraction: exceptions: 1. Driving Under the Influence of Intoxicating Liquo Drugs. 2. Reckless Driving. 3. Failure to Stop at the Command of a Peace Officer 4. Assaults, as they are variously defined and cat- egcrized. 5. Petty Larceny )Theft) with the exception of Shop Lifting. In making these offenses Infractions rather than Misde- meanors the City will not have to provide defense for in digents. Councilman Tomsic made the motion the Council accept Ordinance 113-80, adding Petty Larceny (Theft) ex- cept Shop Lifting; Councilman White seconded, approved unanimously. Ordinance 03-80 reads as follows: ORDINANCE NO. 3-80 Whereas, the City Council of the City of Moab, has mat uredly considered the requirement of the law that the City Council provide for the defense of indigents who ri k loss of personal freedom in the prosecution of violation of the Moab City Code, and Whereas the Council, has found that many of the viola- tions of the City Code or more properly INFRACTIONS rath r than MISDEMEANORS, as the same are defined in=the Code of Utah, 1955, Annotated, and Whereas the Council, after due notice of the hearing on this matter having been published in the Times Inde- pendent in accordance with Law, has determined to'make a 1 but those offenses listed herein punishable as INFRACTIO S, and, BE IT THEREFORE ORDAINED by the City Council of the Ci of Moab that all violations of the Moab City Code be henceforth classified as INFRACTIONS, as the same is de- fined in the Code of the State of Utah, save and except those offensed denominated in the Moab City Code as: Y Ordinance 113-80 1. Driving Under the Influence of Intoxicating Liquor or drugs. 88 2. Reckless Driving 3. Failure to Stop at the Command of a Peace Officer. Public Hearings are for the Public to voic their opinions. Mr. Mike Steele's Zone Change - Public Hearing. AOG presentation will not be presented. Sportsman Club thanked City Council for allow- ing fish in the pond. Temporary hires accepte for Swim Center. Chief Dalton to acquire traffic counters. Revenue Sharing Funds can not be used for Flood Control. Mr. Art Mitchell - hens and antique cars on Rosetree Lane & Mr. Olivetto - Greenwell Motel. 4. Assaults, as they are variously defined and categorized. 5. Petty Larceny (Theft) with the exception of Shop Lifting, to remain as an offense. which excepted offenses shall remain in law MISDEMEANORS, Class E, as definced under the law of the Code of Utah. Be it further ORDAINED that;the_Punishments for IN- FRACTIONS and Class B. MISDEMEANORS be those allowed and set forth in the Code of Utah. This Ordinance shall be come effective 1 July, 1980, upon its posting as required by law. Done in Council this 17 day of June, 1980. Attest: /s/ Ralph Y. McClure, Recorder /s/ Harold Jacobs, Mayor Councilman Peterson mentioned that these Public Hearings are for the public to voice their opinions either written or orally. Councilman Tomsic made the motion Administrator McClure ad- vertise for a public hearing on Mike Steele's City Zone change: Mr. Steele is requesting a change from an R-2 zone to a C-2 Zone, at 478 West 4th North. The Moab City Planning Commission has given Mr. Steele the necessary recommendation for City Council approval at a meeting held April 2, 1980. The public hearing for Mr. Steele will be held at the City Council meeting on July 15, 1980; Council- man White seconded, approved unanimously. Mr. Curt Pehrson, Planner for the Southeastern Utah Associ- ation of Governments, called and cancelled; he will appear at the next Council meeting. Mike Steele publicly thanked the City Council for allowing the Sportsman Club to stock -the pond at the Old City Park with trout for the youngsters to fish. The Council examined personnel sheeets on new, temporary employees at the Swim Center. After looking those over, Councilman Tomsic made the motion the Council accept the new hires as presented, seconded by Councilman White, proved unanimously. Chief Dalton stated that things are going quite smoothly with the City Police Force. Councilman White asked Chief Dal- ton if he had inquired about the traffic counters for count- ing the traffic through Walnut Lane. Chief Dalton was under the impression the Mayor was going to secure the counters', the Council informed him that he was responsible for doing that. Chief Dalton said he would get in touch with the proper authorities. City Engineer Keogh asked if any of the Revenue Sharing Funds could be used for Flood Control; there is a drainage pro- blem on First South and First East near Bullock's Laundry. Administrator McClure informed Engineer Keogh that Revenue Sharing Funds could not be used for that. Attorney Coffman commented on two letters, the first letter from Mr. Art Mitchell of 498 Rosetree Lane, concerning chickens in a residential zone. Mr. Mitchell stated the chickens on his property are a rare breed of bantam hens and he uses them to control insects around his yard. He had talked to the majority of his neighbors and none of them objected to the hens; therefore, he stated he is going to keep them. Attorney Coffman also mentioned that Mr. Mit- chell said he would place a fence around his antique cars. The second letter, written by Inspector Brundage to Mr. Olivetto, owner of the Greenwell Motel, concerning un- finished landscaping and sidewalks on the side of his motel that runs up First South to First East. In a Council meeting in 1977, a verbal agreement was.made between Mr. Olivetto and the City Council that Mr. Olive to and the Greenwell Motel would do this landscaping. Mr. Olivetto has now been given ten days to start the side- walk and landscaping and an additional 20 days to comple e the work. Attorney Coffman suggested a public hearing be set for the July lst, 1980 regularly -scheduled Council meeting to amend Section 27-25-1,of the Moab City Code. This amendment would delete,certain present specifications for building requirements. The present Code reads that a building permit is not required to move a mobile home into a moblie home park. Also, this Ordinance would require Mobile Homes to meet the requirements for Federa Flood Insurance.- The Federal Regulations include speci fications as to the elevation of main floors and tie -do .s Also, Attorney Coffman suggested the Council give some though to raising the scheduled building permit fees. (Upon Consultation with Engineer Keogh), as to the numbe of inspections made;two inspections are required. Coun il- man White made the motion to instruct City Administrator Recorder McClure to advertise for Public Hearing on July 1st, 1980 with respect to City building Permits and Mobi e Home Flood Zones, Councilman Tomsic seconded, approved unanimously. Greenwell Mote15 10ettc concerning the land- scaping. Councilman Tomsic made the motion the Council accept Or- dinance #4-80, stating a commencement date of January 1986, and a completion date of December 1990, for a new municipal Swimming Pool. The City has designated Feder al Revenue Sharing Funds for a capital improvement in th sum of $225,000.00, to be accumulated in annual incremen for a total sum of $820,000.00. Seconded by Councilman Brewer, approved unanimously. Ordinance #4-80 reads as fdllowe: Public Hearing for Mo- bile home building per- mits and increase the building permit fees. ORDINANCE NO. 4-80 The City Council of the City of Moab, in regularly scheduled meeting, after due consideration, does hereby declare by ordinance the policy decisions heretofore mad respecting the accumulation of Federal Revenue Sharing Monies for capital improvement fund purposes heretofore designated, to wit: A Municipal Swimming Pool, and Therefore, in furtherance of such policy previously declared, BE IT ORDAINED by the City Council of the City of Moab that within the General Fund of its budget be established a capital improvement fund, and Be it further ordained, that of the funds previously s aside from Federal Revenue Sharing for Capital Imrpoveme the sum of $225,000.00 be allocated for a municipal swim ming pool, to beheld and accumulated with other monies set aside or to be set aside for the same purpose, and Be it further ordained that the fund so set aside be accumulated in annual increments so that the sum of $820, 000.00 be available for the commencement of construction as early as the first of January, 1986, and for the com- pletion of construction by the end of December, 1990. Done in Council this 17th._day of June, 1980. Approved: /a/ Mayor Harold Jacobs ATTEST: /a/ Ralph Y. McClure, Recorder Administrator McClure reported that the Arroyo Road/Wal- nut Lane Closure has been referred to the City Planning' Commission. The Planning Commission meeting is schedule for July 8, 1980. Passed Ordinance #4-80. Swimming Pool commence- ment date and completio t ts, Arroyo Road/Walnut Lane Closure has been referred to Planning Commission. Administrator McClure presented a copy of the letter writ ten to ABC's Wide World of Sports that Les Erbes requeste Letter sent to ABC's Wide World of Sports. 90 be sent thanking them for the favorable coverage, given to the Moab area and the Castle Rock Climb in Castle Valley. Council declines Com- munity Development Main Street beautification. Air Travel Council sti discussing airport situation. Motorcycle gang occupy- ing one house in Pali- sades Subdivision. Choose replacement for Councilman Wiseman will be done within 30 days. City go out for bids for monthly accounting work. Stripes will be painted around the ball park soon. (for parking) Progressing with hiring of new Building Inspec- tor. Duane Wimmer case set for 7/8/80. Bills approved for pay- ment. Adjournmen,. Special Budget & Rev- enue Sharing Meeting. Administrator McClure mentioned a recent phone call and letter from Christen Beck with the Community Development of Utah, regarding a downtown Main Street Eeautification Program. This Beautification program would require a person to oversee such'a project,' with a cost to the City of about $22,000.00 per year. The Council agreed to turn down the request from the Community Development Committee. Councilman Peterson'reported tha the Air Travel Council is still in the process of discussing with the Civil Aeronautics Borad the possibility of bringing air service into the Moab area. oThe Council briefly discussed sending the Mayor to Washington, D. C., when the time arises to testify at the hearing. Councilman Tomsic informed the Council that the Dead Men Motorcycle gang was in town, and residing in a house in Palisades Subdivision. Councilman Tomsic suggested the City Attorney write a letter informing them they are in violation of the Zoning Ordinance which prohibits more than a single family living in a single-family dwelling. Council- man Tomsic said she had received several phone calls from concerned residents living in that area. Attorney Coffman commented that no legal action could be taken unless the citizens file a formal complaint. A lengthy discussion followed. Councilman White inquired as to when the Council will choose a replacement for Councilman Wiseman. He was informed that the Council has 30 days effective from Mr. Wiseman's resig- nation date of June 30, 1980, to make a selection. Councilman White also suggested the Council solicit bids for the monthly accounting work. The Council agreed with Council- man White, Administrator McClure added bidding would have to be done before the month of May so it can be included in the budget. Administrator McClure reported that the First South block around the ball park has been surveyed and is ready to have the stripes painted; this will be done within the next couple of days. Councilman Brewer asked how the hiring of a new Building Ins- pector was progressing. Administrator McClure replied that he thought he could have the selection narrowed down to the top three prospects, by June 20th, 1980, so that he can meet with the County Commissioners and the City Council. Attorney Coffman stated that a pre-trial date for the Duane Wimmer case was set for July 7th, 1980. Councilman White moved the Council approve the bills as pre- sented; seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic made the motion the meeting be adjourned at 9:29 p.m., seconded by Councilman Brewer, approved unanimously. AP 'iVED: ATTEST Ra ph lure, Recorder SPECIAL CITY COUNCIL MEETING BUDGET HEARING AND GENERAL REVENUE SHARING Minutes June 26, 1980 a"Al'A , Mayor A Special City Council Meeting was held on June 26, 1980, for the purpose of conducting a Public Hearing on the General Rev- enue Sharing and the Annual Budget, in the Council Chambers, Moab City Hall. Mayor Jacobs called the meeting to order at 8:03 P.M. Present were Councilmen Peterson, White, Tomsic and Brewer. Also present were City Attorney Coff man, City Accountant Ed Claus, Administrator McClure, Tre surer McLeod, Secretary Johnson, the Media and 17 citizen Attendance Administrator McClure outlined revenue trends from previo s Revenue Trends out - years, which have always increased. Administrator McClu e lined. estimated Revenue Sharing to stay close to last years fig ures, which does not show an increase. Estimated Revenu-s for Fiscal Year 1980-81 are $1,505,294.00 as compared to Revenues of 1979-80, $1,040,108.00. Administrator McClu e explained one of the reasons for the increase was some City revenues have been higher than expected this year. The difference between expected revenue and expenditures will be used to -finance operation of the City government between the end of the current fiscal year (June 30) and the time revenue collection begins in September or Octobe A total of $22,140.00 of Revenue Sharing to be used for t e Departmental break Police Department, a total of $18,700.00 for the Water & down of expenditure:, Sewer Department, a total of $4,500.00 to the'Street=De- of Revenue Sharing. partment, a total of $14,200.00 for the Administrative Department. Animal Control has been appropriated a total of $250.00 from the Revenue Sharing Fund. The Parks wil receive a total of $13,249.00, a total of $133,933.00 in Escrow for a million gallon water tank and building addi- OFD tion. For a grand total of $206,972.00 for Revenue Shar ing. (1980-81 Revenue Sharing List as follows:) ci 1980-81 REVENUE SHARING REQUESTS Water -Sewer Truck and Auto Lift & Test equipment(h to streets) $ 3,000 Vehicle ('-I to administration) 3,500 Radio equipment 1,500 Office Equipment Data Processing equipmegt(hadmin.) 10,000 2 calculators 01 admin.) 250 1 typewriter (II admin.) 450 STREETS Truck and Auto Lift & test equipment (1 to W/S) Radio equipment 18,700 3,000 1,500 4,500 ADMINISTRATION Truck and Auto Vehicle ('-f to W/S) 3,500 Office Equipment Data Processing equipment (II to W/S) 10,000 2 Calculators (11 to W/S)_ 250 1 typewriter 450 14,200 POLICE Truck and Auto 2 Police vehicles equipped 18,000 Misc. Equipment 2 Walkie-talkies 2,000 4 Flash Stream Lights 500 1 Dozen Blankets 240 4 Jumper Cables 125 5 Seat Organizers 125 2 Ailey Lights 200 1 Instant Camera 150 2 Second Chance vests & cool shirts 600 Crossing guard equipment 200 22,140 ANIMAL CONTROL Misc. Equipment (animal traps -gloves) 250 250 PARRS Lights -tennis Courts 2,200 Tennis Court contract (balance) 6,849 Sweeper 3,000 92 Irrigation System Wiring 1,200 13,249 City Mill levey will not be increased. Break -down of 1980-81 Budget. Cities & Towns only to receive Revenue Sharin Funds, Crossing Guards for Helen M. Knight School. Mr. Loren Johnson voic opposition to the new swimming pcol and golf course. Mo='m made to accept 1980-81 Budget as pre- sented. Transfer monies from general fund. Auditor authorized to transfer funds. No public hearing held for Water/Sewer Budget. ESCROW 1 Million gallon water tank Building Addition 83,933 50,000 133,933 TOTAL REVENUE SHARING REQUESTS $206,972 Administrator McClure stated that the Federal Government is going to continue Revenue Sharing for at least another three years for Cities and Towns. Administrator McClure announced to the public that the 1980-81 City Mi11 Levy would not be raised. It will remain the same as in the previous two years. The 1980-81 Budget for the City of Moab will designate $177,991.00 for Administration, $221,500.00 for General Government Buildings, $38,775.00 for Judicial, $226,670.00 for Police, $38,985.00 for Inspection, $6,500.00 for Flood Control, $28,338.00 for Animal Control, $204,449.00 for Streets and Public Improvements, $232,000.00 for Sanitation, $51,148.00 for Parks, $28,400.00 for the Swimming Pool, $117,000.00 for miscellaneous, which includes contributions to Recreation, Community & Economic Development and a Building addition. For a grand total of expenditures of $1,411,856.00. At 8:29 P.M. Administrator McClure turned the meeting back to the Mayor. Mayor Jacobs reminded the public that the state does no receive Revenue Sharing Funds. This will effect some of the State Programs, but it will not effect Cities or Towns. There is no assurance that Revenue Sharing will go on indefinit- ely. He also mentioned that Revenue Sharing is always spent on Capital Improvements. The Mayor asked if there were any questions. A lady in the audience from the Helen M. Knight School, PTA, inquired about the crossing guards they requested last spring. Mayor Jacobs replied that $2,000.00 had been appropriated in the Police Budget for a crossing guard and equipment (reflective vest, whistles, and etc.) sLoren Johnson, also in the audience asked why the City was planning to install a new swimming pool when the present swimming pool was not making money. Mayor Jacobs explained to Mr. Johnson that money had been earmarked for the purpose of a new swimming pool only to take it from the Revenue Sharing Fund to Capital Improvement fund. If this was not done, the City could stand to loose this money. He also went on to explain that the swimming pool did loose a little money each year, but feels it is important that the citizens of the com- munity(especially the kids) have such a facility. Mr. John- son also voiced his protest to the donation of $25,000.00 to the Moab Golf and Country Club. Councilman Brewer explained to Mr. Johnson each municipality has these functions such as the Golf Course, Swimming Pool, and Ball Parks, each brings in revenues. Councilman Tomsic moved the Council accept the Budget as pre- sented, seconded by Councilman White. Councilman White men- tioned the budget included two new police cars and one new officer. He also menitoned that the budget inlcuded $2,000.00 for drug enforcement which has not been included in years be- fore. The motion was approved unanimously by roll -call vote. The public hearing ended at 8:46 P.M. Councilman Peterson made the motion Administrator/Recorder McClure be given permission to transfer monies within the general fund to another. Seconded by Councilman White, approved unanimously. Councilman Brewer moved that the auditor be authorized to trans- fer funds from one account to another by making a loan from one fund to another. Seconded by Councilman White, approved unanimously. Dick Allen, a member of the audience asked if the City antici- pated a public hearing on the Water/Sewer Budget. Administra- tor McClure said a public hearing will not be held. Administrator McClure asked that the Council authorize $2,200.00 in the Revenue Sharing Funds for a bid from Steele Elec- tric for additional lights on the tennis courts. Coun- cilman White moved the Council accept the bid from Steel - Electric for lights on the tennis courts to be paid from Revenue Sharing Funds, seconded by Councilman Tomsic, ap- proved unanimously. Councilman White moved for adjournment at 8:53 P.M., seconded by Councilman Tomsic, approved unanimously. CITT COUNCIL July 1, 1980 A regular meeting of the Moab City Council was held on the above date in the Council Chambers. The meeting was called to order at 8:01 P.M. by Mayor Jacobs. Present were Councilmen Peterson, Tomsic and White. Councilman Brewer was on vacation. Also present were Attorney Coff man, City Engineer Keogh, Police Chief Dalton, City Admin istrator McClure, Animal Control Officer Curtis Fleming, Secretary Johnson, the Media and 11 citizens. Councilman Tomsic made the motion the minutes of the June 17, 1980 Council meeting be approved, seconded by Council man White, approved unanimously. Curt Pehrson, Planner for the Southeastern Utah Associa- tion of Governments, was scheduled for the meeting but was not in attendance, so the agenda proceeded as written Ken McDoµgald, a memeber of the Land Committee, a committ established to study the needs of a multi -purpose complex was present. The Committee feels additional bonding is not necessary; it is proposed that approximately 60 acres of ground near the Moab Golf Course be deeded over to a special authority, whereby the City and the County jointl create an Inner Local Corporation Act, which will be sep- erate legal public entity to develop the multi -purpose complex at the Moab Coif Course. The 60 acres will be divided into lots of one or more acres per lot. The lot that are sold within the proposed development area will be sold for revenue to start construction of the complex. Preliminary cost of the recreation center is $523,000.00. Lots should be ready to sell within a minimum of one year The user fee for the recreational facilities should be ad equate to pay for the operation and maintenance of the facilities. Mr. McDougald■ along with Dick Allen, Bill Meador, Rudy Higgins and Skip Nightingale, explained to the Council and the audience the need for a facility whic will house an additional club bourse for the golf course, shower and locker facilities, also for the Golf Course, tennis Courts, a small indoor -outdoor swimming pool, rqquetball, handball and squash courts, driving range and a miniature golf course, Rudy Higgin spoke about a poss ible convention center with a large room for dining, in- cluding a small restaurant, a meeting room and a dance floor. Skip Nightingale spoke about the economic bene- fits to the community. Dick Keeler from Grand Junction, built a similar complex in Grand Junction; he spoke about the success of the facility which includes saunas and jac uzzis. It was mentioned that this future development co include hiking trails and an additional nine holes for th golf course (the other facilities mentioned are of higher priority than the .Golf Course). Mr. Loren Johnson from the audience voiced his opposition to the project, saying the facility would only serve a small portion of the cit- izens. He also resented the City spending money on the present Golf Course. A public hearing with the City Cou ncil and the County Commissioners pf two seperate meeting Revenue Sharing 9Funds left from previous year be spent for li- ghting for tennis courl Adjournment. Regular Meeting & Attendance. Minutes Approved. AOG Planner not in attendance. e Proposed recreation complex. ld 94 Proposed Recreational Complex continued. No Kayaks in the City Swimming Pool. Traffic Counter for Arroyo Road were not available from the State. Discussion of Ordi- nances to be approved at July 15, 1980 meeting. Cost -of -living raise approved for full-time permanent employees. Swimming Pool Admis- sion fc- for Trails West Tour Groups to be $1.75 per swimmer. The City will support Guard & Reserve Duty. will be held before any decisions can be made. Council- man Peterson made the motion the City Council take the necessary steps to establish an Inner Local Government Act for the purpose of developing the property which is presently owned by the City; further stating, Attorney Coffman pro- vide the Council with a draft of a resolution. Seconded by Councilman Tomsic, who included this does not obligate the City to any improvements. The motion passed, with Councilman Tomsie and Councilman Peterson voting aye, Councilman White voting nay, Councilman Brewer was absent. Councilman Tomsic maoved not to allow kayaks in the City Swimming Pool, seconded by Councilman White. Bill Davis, a reporter for the Times Independent, said the Council was doing a desservice to the Community by not allowing the Kayaks to practice rolling in the pool. He said using the pool to practice rolling was the only safe way to learn, as the water has to be still, without any currents. Council- man Peterson suggested the Kayakers contact one of the motels to see about renting one_of those pools. The mo- tion passed unanimously. Police Chief Dalton told the Council he checked on the traffic counters for Walnut Lane and Arroyo Road. He talked to Sterling Davis with the State of Utah and he in turn contacted the Mayor saying their Counters were tied up. Les Erbes suggested the City contact Pete Parry with the National Park Service; they might have some traffic counters. City Engineer Keogh suggested the City con- sider making a road through the LDS Church's ordhard, from First West through to Walnut Lane, as an alternative to going from Fifth West to First West. Mayor Jacobs said all aspects should be considered. No decisions were made. Attorney Coffman mentioned Ordinance #5-80 amending Sec- tion 27-25 of the Moab City Code, regarding requirements for Building Permits when moving and when siteing Mobile Homes in Mobile Home Subdivisions in the City limits. Also mentioned was a resolution: Resolution #80-6 amend- ing Ordinance #9-77 forcthe scheduled building permit fees. Attorney Coffman instructed Secretary Johnson to include with the Council's packet, Ordinance #9-77, the present ordinance with the current rates, so the Council can re- view and make a decision; Ordinance #5-80 and Resolution #80-6. (Ordinances #9-77 & #5-80 and Resolution #80-6 - See July 15, 1980 minutes) Administrator McClure presented the Council with personnel action forms granting a 10% cost -of -living raise approved in the budget for full-time, permanent employees. Council- man Tomsic made the motion the Council accept the personnel action forms which includes a 10% cost -of -living raise, granted this year, seconded by Councilman White, approved unanimously. Administrator McClure proposed a question to the Council that Mary Martin, Swim Pool Manager, asked him. We are starting to have Trails West groups come into swim; they use the pool facilities and City Park leaving an awful mess. In prior years, the City has charged them $1.75 per swimmer, which is 75e more than the regular fee. The Council dis- cussed several alternatives to solve the problem with the mess at the Park and the discipline at the swimming pool, when the Trails West groups are there. The Council decided to stay with the $1.75 per swimmer; then upon entering the pool, inform the group's supervisor of the rules and that the Trails West people will abide by them or not use the pool. In years to come, a letter will be written prior to the summer tour season informing the Trails West Headquarters of the procedure. Administrator McClure mentioned a letter he received from the office of the Assistant Secretary of Defense, asking the City to sign a statement of support regarding National Guard Duty or Reserve Duty; stating that time taken off from work would not reflect on vacation or leave time. The personnel policy manual recognizes this and states that the City will compensate the difference between what the Guard or Reserve duty pays, but will not compensate over and above that. Councilman Tomsic inquired as to the progress of hiring a new Building Inspector. Administrator McClure said he awaiting additional information on one of the top appli- cants; as soon as he receives this information he will be ready to set-up interviews and proceed with the hiring. The Council briefly discussed some problems the Sunset Motel is having with their swimming pool. It was decide the City has wade all of the required inspections and tha the problem is now between the owner of the pool and the contractor. Councilman White inquired as to the procedure of re -hires for the City, Employees that have previously worked for the City, quit, or have been released, are they re-instat at the same pay, with benefits, etc., or are they consid- ered new hires and follow the new hire procedures. Mayo Jacobs told Councilman White that it depends on the cir- cumstances, the experience of the individual and the posi tion. Mayor Jacobs gave a brief report on the new water tank; he said the Engineers have done some surveying, but need to get the land and the right-of-way. A11 of the prelim inary work has to be completed within 90 days. Mayor Jacobs mentioned briefly the tremendous amount of water the City is using. 94 million gallons were used in June. He also commented on the fine job the crews are doing in keeping the Parks maintained. Mayor Jacobs urged the Council to attend the Agenda for the Eighties Meeting on July 9, 1980, at Star Hall, at 7:00 P.M. Interview appoYntment s soon to be set for Building Inspector. Sunset Motel Swimming Pool. Procedures for re- hires. d Water Tank progress- ing slowly. Park crews doing great job. Agenda for the Eight- ies Meeting - 7/9/80 Councilman White made the motion the bills be approved as Bills approved. presented, seconded by Councilman Tomsic. Councilman White mentioned that the City Recorder had not signed the bills for payment designating his approval. Administrator McClure said he does examine the bills and he will sign them. The motion was approved unanimously. Councilman Peterson made the motion the meeting be adjour - Adjournment. ed at 9:40 P.M., seconded by Councilman White, approved unanimously. ATTEST: Ralp. C ure, Recorder APP 0 D: Haro CITY COUNCIL July 15, 1980 s, May A regular meeting of the Moab City Council was held on th above date in the Council Chambers. Mayor Jacobs called the meeting to order at 8:00 P.M. Present were Council- men Peterson, Tomsic, White and Brewer. Also present were City Attorney Coffman, City Engineer Keogh, Police Chief Dalton, City Administrator McClure, Animal Control Officer Curtis Fleming, Secretary Johnson, the Media and ten citizens. Councilman White made a mtojon the minutes of the Special Budget Hearing on June 26, 1980 be approved as written, seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic made the motion the minutes of the regu lar City Council meeting of July 1, 1980, be approved as written, seconded by Councilman White, a••roved unanimous Regular Meeting and attendance. Budget Hearing Minutes Approved. Regular Meeting Minute Approved. Attorney Coffman conducted a public hearing regarding Or- dinance #5-80 to amend Section 27-25-1 of the Moab City Code requiring a building permit when moving add siteing Ordinance #5-80, Build ing Permits for mobile homes. 90 Ordinance #5-80/ mobile homes in mobile home subdivisions within the City limits of Moab. When several people in the audience ex- pressed their disapproval of this requirement, Mayor Jacobs stated the City does not agree with these restrictions, regarding Federal Flood Insurance; but they are being im- posed by the Federal Government. If the City does not approved this Ordinance, the Federal Government can with- draw financing for City home buyers. The Flood Insur- ance Program will require mobile homes conform to a speci- fic blocking pattern and require over -the -top and frame tiedowns. Attorney Coffman stated that the new res- trictions will not effect mobile homes currently in parks, but new mobile homes moving into parks will be required to meet Federal standards. Building permits will also be required for mobile homes moved from one park to another within the City. Attorney Coffman mentioned that res- idents, mobile -home park owners and mobile -home industry representatives can file a petition protesting the Fed- eral regulations. However, Attorney Coffman recommended that the City contact Federal Officials before making any changes, in order to protect the availability of flood insurance to other homeowners. Councilman Peterson made the motion to adopt Ordinance #5-80, amending Section 27-25-1, of the Maob City Code, requiring a building per- mit when moving and siteing mobile homes into a mobile home subdivision within the City limits, thereby deleting the last sentence from that Section "...except that no permit shall be required for the moving of an approved mobile home park", seconded by Councilman Brewer, approved unanimously. (Ordinance #5-80 as_follows:) ORDINANCE NO. 5-80 ORDINANCE AMENDING SECTION 27-25-1, MOAB CITY CODE, IM- POSING A FUTURE REQUIREMENT FOR BUILDING PERMITS WHEN MOVING AND WHEN SITEING MOBILE HOMES IN MOBILE HOMES IN MO- BILE HOMES IN MOBILE HOME SUBDIVISIONS IN THE CITY LIMITS OF MOAB. WHEREAS, the requirements of the Flood Control Ordinance of the City of Moab imposes a supervisory requirement on the subdivision parks to insure that such installation comply with the requirement of the Mobile Home Subdivisions in flood plains. THEREFORE, the City Council of the City of Moab, a Third Class City of the State of Utah, located in Grand County, does ordain as follows: SECTION ONE IT IS ACCORDINGLY ORDAINED by the City of Moab that Section 27-25-1 of the Moab City Code be amended by de- leitng from the last sentence of that -section, the clause: ". . . except that no permit shall be required for the moving of an approved mobile home into a mobile home park", it being the intention of this ordinance by the deletion aforesaid that on the effective date of this ordinance, any one moving a mobile home into a mobile home subdivi- sion in the City of Moab will be rquired to have a build- ing permit. SECTION TWO All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed. SECTION THREE This ordinance shall take effect end be enforced from and after its passage and publication according to law, PASSED BY the City Council of the City of Moab. a Third Class city of the State of Utah. located in Grand County, on the 15th day of July, A. D. 1980. Is / Harold Jacobs, Mayor /s/ Ralph Y. McClure, Recorder Upon passing Ordinance #5-80, the number of inspections for the Building Inspector and City Engineer will increas thereby adding additional expense and tripe to these two Departments. The current Ordinance (Ordinance #9-77), which contains the building Permit fees, needs to be re- evaluated and brought up-to-date. Councilman White mo- ved to table the proposed resolution until Administrator McClure can make further investigations and discuss the matter with the new Building Inspector. Seconded by Coundilman Brewer, approved unanimously. Dr. Donald Hoffman, Veterinarian for the community, came before the Council requesting back pay for boarding and exterminating cats. The additional work was imposed whe the cat ordinance was passed. The Council discussed wit Dr. Hoffman his reasoning for not submitting an invoice when the additional work was being performed. Supposedl he was waiting for the City to draw -up a contract coveri the cats. Councilman Tomsic moved the Council approve payment -of $600.00 to Dr. Hoffman for back pay, and that a contract be drqwn up between the City and Dr. Hoffman. Councilman White seconded, approved unanimously. Councilman Brewer asked Chief Dalton if the speed of big trucks is checked going through town. Chief Dalton told Councilman Brewer that the trucks stay within the speed limit and it was not a problem. City Engineer Keogh asked for the Councils opinion about the width of a sidewalk in front of a house on Fourth North Street next to the new LDS Church. The sidewalk in front of the church is five feet (5'), Engineer Keogh feels four feet (4') would be sufficient if it is install properly; and he will so instruct the resident there. The Council agreed with Engineer Keogh. Marlene Manson, a lady in the audience, mentioned the sidewalk should be five feet (5') for the handicapped. Mayor Jacobs said that this was discussed by the Council several years ago to have all sidewalks five feet (5'), but no action was taken. Attorney Coffman announced the Council will adjourn after the regular meeting into executive session for about ten minutes to discuss personnel matters. Administrator McClure explained to the Council the result of the recently released 1980 Census were considerably lower than what our utility records indicate. The Censu figures show a population count of 5,200 for Moab City. Our figures indicate approximately 7,000 people. Admin- istrator McClure said according to the Census Bureau, the discrepancy was probably due to the number of constructio workers and temporary, seasonal workers. Administrator McClure said he will submit a letter of protest, although he does not think the Census Bureau will change the resul of the census. Administrator McClure mentioned a letter from the Grand County Commissioners requesting two additional applicants be added to the list of applicants to be interviewed for the Building Inspector position. Administrator McClure indicated that the top four applicants had been chosen an interviews were set-up for July 17, 1980. Councilman Tomsic made the motion the Council keep with the hiring procedure adopted by the Council, which would be to inter view only the top four applicants, seconded by Councilman Brewer, approved unanimously. Administrator McClure referred a request from Mary Martin Swim Pool Manager, to the Council, requesting the Moab Swim Center be closed on Sundays. She stated that atten dance is low; the ocst of operating is more than the in- come. The Council feels the pool should be left open, that it is a service to the community. Administrator McClure received a letter stating that Moab City will receive $1,926.00 from an appropriation of the Utah Department of Community Development for Low -Income Housing; this is a joint grant with the County. Increase work for ;Building Inspector & Engineer after #5-80 is approved. Dr. Hoffman granted back pay for caring for cats. d s Truck speeds through town not a problem. Sidewalk width on 4th North to be four feet. Executive Session immediately following regular meeting. Census count consider- ably lower than utility bills show. County requests addi- tional applicants to be interviewed. Swimming Pool to re- main open on Sundays. City to receive from Utah Department of Community Development $1,926.00. 98 New Police Officer ap- proved at a salary of $1,125.00. Mrs. V. Johnson mention need for curb and gutte in Walnut Lane. Public Meeting for ap- pointment of new Counci member to be July 28, a 4:00 P.M. Mike Steele's zone change at 478 W. 4th N. Administrator McClure to be sworn -in soon, Departmental appoint- ments of the Council members rescinded. Bills approved with the exception of three. Adjournment into execu- tive session. Special Meeting/ Atten- dance. Administrator McClure wanted the Council's opinion and au- thorization to advertise for a new police officer, at a salary of $1,125.00 per month, resulting from the 10% Cost -of -living increase. This starting salary is con- siderably higher than salaries in may Cities in the state of Utah. He feels such a salary will enable the City to acquire a well -qualified officer. Attorney Coffman commented that under new laws, there will be more reports and paperwork and someone with a high skill level would be beneficial. Councilman Brewer made the motion the new police officer be hired at a salary of $1,125.00 per month, seconded by Councilman White, approved unanimously. Administrator McClure also mentioned the City is now accepting applications for a secretary in the police de- partment. The deadline for both applicants, officer and secretary, will be July 31, 1980. Mrs. Virginia Johnson, a lady from the audience, mentioned the need for curb and gutter in the Walnut Lane area to,ac- comodate all of the irrigation water. Mayor Jacobs said he was aware of the problem, but did not have any suggest- ions for a solution. Councilman White asked when a specila public meeting would be held to appoint a new Council member to replace Jim Wiseman. Mayor Jacobs and the Council arrived at a date of Monday, July 28, 1980, at 4:00 P.M. in the afternoon, in the Council Chambers. Councilman Brewer inquired about Mike Steele and his zone change at 478 West Fourth North. Councilman Brewer stated that Mr. Steele went before the City Planning Commission in April and wanted to know why he has not been scheduled to go before the Council for final approval. Administrator McClure explained to Councilman Brewer that in order to ad- vertise forthezone change, the Zoning Administrator needs a legal description of the property, which Mr. Steele has not yet been able to acquire due to some technicalities re- garding recording the'deed. Administrator McClure stated that as soon as all of the legal technicalities were taken care of, it would then be presented to the Council. Councilman Tomsic asked the Mayor if Administrator McClure had been sworn -in yet. Mayor Jacobs told her no; but he will be the following day. Councilman Tomsic also inquired about the memos to all department heads, rescinding all Council members -of departmental responsibilities. He said the memos had been writte but not distributed. Councilman White made the motion the bills be paid as pre- sented with three exceptions: Conely Company for $210.00, Turf Equipment for $459.20 and Moab City Recreation Board for $5,500.00. Seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic moved the Council adjourn into executive session at 9:43 P.M., seconded by Councilman Brewer, approved unanimously by roll -call vote. ATTEST: APP •VED: Recorder yor SPECIAL CITY COUNCIL MEETING July 28, 1980 A special meeting of the Moab City Council was called to sel- ect a replacement for the vacant seat of Councilman Wiseman. Mayor Jacobs called the meeting to order at 4:09 P.M. Pre- sent were Councilmen Peterson, Tomsic, White and Brewer. Also present were Attorney_Coffman, Administrator McClure, Secretary Johnson and Bill Davis. 99 Citizens submitting applicaiton letters to the Mayor and Citizens submitting City Council in eluded Mr. Tom Arnold, Mr. Ron Auger, letters of application. Mr. Kenneth Erbes, Jr., Ms. Norah Eubanks, Mrs. Kitty Ke1li.ng, Mra. Norma Nunn and Mrs. Jeri Pilling. orD 1-4 1.17 Attorney Coffman extlained to the Council the voting pro Secret ballot voting cedure for a secret ballot. Only in case of a tie woulprocedures, the Mayor vote. In order for the motion to carry, it ha to be a majority of three votes. The Council then proceed with the voting; the results we e Two votes for Mrs. two votes for Mrs. Kelling, one vote for Mrs. Nunn and o e Kelling, one for Mrs. vote for Mrs. Pilling. Nunn & Mrs. Pilling. At 4:21 P.M. the Council recessed for discussion of the Recess for discussion. applicants. At 4:26 P.M. Mayor Jacobs called for the second vote, th results from those ballots were: two votes for Mrs. Ke ing one vote for Mrs. Nunn and one vote for Mrs. Pilling. Second vote. The Council once again cast a vote resultingiin a majori Kitty Kelling new vote of three for Mrs. Kelling and oae vote for Mrs. Nun Councilman. Mrs. Kitty Kelling will be the new Councilman. Councilman Tomsic made the motion Mrs. Kitty Kelling be Motion appointing Mrs. appointed as Councilman to fill the unexpired term of Kelling. Jim Wiseman. Seconded by Councilman Brewer, approved unanimously.by roll -call vote. Councilman Peterson made the motion the meeting be adjou -Adjournment. ed it 4:57 P.M., seconded by Councilman Brewer, approved unanimously. ATTEST: .aro d J'.s, Mayor Ralp Y. C1 e, Recorder CITY COUNCIL August 5, 1980 A regular meeting of the Moab City Council was held on th- Regular Meeting and above date in the Council Chambers. Mayor Jacobs called attendance. the meeting to order at 8:01 P.M. Present were Council- men White, Tomsic, Brewer and Kelling. Councilman Peter son was absent due to being out-of-town. Also present were Circuit Judge Donald Crist, City Attorney Coffman, City Engineer Keogh, City Administrator McClure, City/ County Building Inspector Horstmann, County Road Superin- tendant_Bob Westwood, Secretary Johnson, the Media and eight citizens. Mayor Jacobs briefly mentioned a problem the City is havin Water problem mentione< with a pumponthe City's number six culinary water well. Late Sunday evening the motor burned out on the pump due to a power surge. Councilman White made the motion the minutes of the regul r Minutes approved. City Council meeting of July 15, 1980, be approved as written, seconded by Councilman Brewer, a••roved unanimou - ly. Circuit Court Judge Donald Crist swore in newly appointed Kitty Kelling sworn Councilman Kitty Kelling. She was appointed to fill the in by Judge Crist. vacant seat of Jim Wiseman at a special meeting held July 28, 1980. Mr. Dennis E. Byrd appeared before the Council to discuss Dennis E. Byrd - Pali - the City installing water and sewer lines and building sades Subdivision. roads in the Palisades Subdivision. He gave the history of the subdivision; raising the question of whose respon- 100 Palisades Subdivision. Continued Crews on schedule for SVW&SID pipe line. Seve cases of litigatio Maintenance Bond for re -finished tennis courts. Authorization for trave for Insp. Horstman & his Secretary also Admi McClure & Deputy Record er and Treasurer to travel to various func- tions. Administrator McClure appointed as Planning Co-ordinator. Administrator/ Recorder McClure's signature add ed to signature card at bank authorizing him to sign checks. Mike Steele's Zone Chan Contract for Veterin- arian to be drawn up. sibility it is to extend an improved road to the new lots he is developing. A11 of the records available of that time do clearly indicate that the City owns all streets as shown on the recorded plat, After a lengthy discussion, Councilman Brewer requested that Attorney Coffman prepare a legal opinion regarding the Cities responsibility. Attorney Coffman asked Mr. Byrd if he was considering liti- gation; his reply was yes. At that time, Attorney Coff- man told the Mayor, Council and Mr. Byrd that he would discuss the subject in executive session folowing the regular meeting. Mr. Byrd will be notified the follow- ing day of the decision. City Engineer Keogh told the Council the crews working on the water lines for Spanish Valley Water & Sewer Improve- ment District are progressing right on schedule. .Attorney Coffman told the Council of seven pending cases of litigation the City is involved in; he will discuss these cases in the executive session immediately following the regular meeting. City Administrator McClure discussed a letter he had re- ceived from Aetna Life And Surety Company after talking on the telephone with the Company about a maintenance bond for the recently re -finished tennis courts. The bond would guarantee and warrant maintenance work for a period of one year. Councilman Kelling made the motion the City have Aetna Casualty and Surety Company prepare a one _year_maintenance-bond, 20% of the original contract for the maintenance of the recently re -finished tennis courts. Seconded by Councilman Tomsic, approved unanimously. Administrator McClure also mentioned two letters, the first requesting permission for Building Inspector Dick Horstmann .and his secretary Christine Calnan to travel to Salt Lake City to review filing and various office procedures in the Salt Lake County Zoning Department. Councilman Tomsic moved to give authorization to Building Inspector Horstmann and Secretary Calnan to travel to Salt Lake City to review Salt Lake Counties Zoning Department. Seconded by Council- man Brewer, approved unanimously. The second letter was also requesting permission for Administrator McClure, Deputy Recorder Coursey and Treasurer McLeod to travel to Glenwood Springs, Colorado for a computer demonstration. Council- man Tomsic said she felt Mayor Jacobs also should attend this demonstration. Mayor Jacobs told Councilman Tomsic he would like to attend if ther were not so many problems with the pumps on the water wells. Councilman Tomsic made the mo- tion authorizing the trip to Glenwood Springs to inspect a computer system. She included in the motion, authorization for a similar trip to St. George later this month. Seconded by Councilman White, approved unanimously. Councilman Brewer made the motion the Council appoint City - Administrator McClure, as Planning Co-ordinator for the City of Moab. Seconded by Councilman Kelling, approved unanimously. Administrator McClure informed the Council that we need an- other person at the City office authorized to sign checks. In the event of a vacation or illness, Councilman Brewer has to come in and sign checks. Councilman Tomsic moved to have Administrator / Recorder McClure's signature added to the signature card and Councilman Brewer's signature removed. Seconded by Councilman Brewer, approved unanimously. eCouncilman Brewer again inquired about Mike Steele's zone change. Administrator McClure informed Councilman Brewer he is scheduled for a public hearing at the next Council meeting on August 19, 1980, if he can acquire a legal des- cription for the property. Councilman Brewer also inquired about the puboic hearing for the' Walnut Lane/Arroyo Road Closure. It will be resolved at the next Council meeting on August 19, 1980. Councilman Tomsic asked if a contract had been drawn up for Veterinarian Dr. Hoffman, as discussed, to solidify an agree- ment made in the previous meeting. Attorney Coffman will draw up the contract. councilman White mentioned how dry the trees around the City looked and wondered if they were being watered. Nal or Jacobs told Councilman White the City was spending app- roximately $7,000.00 in overtime wages a year to water the trees. Acministraror McClure suggested that some of the local merchants and -businesses could help and water the tress occasionally. Councilman Kelling told the Council and the audience she was glad to be a part of the Moab City Council and thanked them. Mayor Jacobs expressed his disappointment in the County Co mmisioners decision not to approve the new Building addi- tion'to the Court House, for the City. Mayor Jacobs ask for input from area residents on the problem. Councilma White suggested the City 'sit tight' and wait for an alter native. Councilman Tomsic disagreed, saying the City wil use a back-up plan. There is a possibility the City coul work out an agreement with the School District for land near the Court House. Building Inspector Dick Horstmann suggested the Mayor look into a surge control device to control a power surge to pr vent a pump burn out. Inspector Horstmann said they were quite expensive. Councilman White made the motion the bills be paid as sub- mitted, seconded by Councilman Tomsic, a. roved unanimousl Councilman Tomsic made the motion the Council adjourn into executive session at 9:38 P.M., seconded by Councilman White, approved unanimously by roll -call vote. ATTEST: ' / arold J.s, Mayor alp• Y, cClure, Recorder CITY COUNCIL August 19, 1980 A regular meeting of the Moab City Council was called to order at 8104 P.M. by Mayor Jacobs in the City Council Chambers with Councilman Kelling, White, Brewer, Peterson and Tomsic in attendance. Also present were City/County Building Inspector Horstamnn, City Attorney Coffman, City Administrator McClure, City Engineer Keogh, Secretary John son, members of the news media and 22 citizens. The minutes of the special meeting of July 28, 1980 and th regular meeting of August 5, 1980 were approved as submitt by a motion from Councilman White, seconded by Councilman Brewer, approved unanimously. Mr. Marden Millward a representative of.Utah Power & Light Company appeared before the Council to submit a renewal contract for street lighting. The contract is for a term of three years, effective immediately. Mayor Jacobs in- quired as to any rate increases. Mr. Millward told the Mayor and Council there have been approximately ten increa during the present contract. Mayor Jacobs went on to say the Company has been very co-operative with servicing any problems. Councilman Peterson made the motion to renew the street light contract for a period of three years. Seconded by Councilman White, approved unanimously. A public hearing was held to discuss the possible closure of Arroyo Road near Fifth West. The majority of the au- dience present was in favor of closing off the road. Boa of Adjustments and Planning Commission member, Dennis Wil- berg expressed his opposition, stating that re-routing the traffic will be a considerable burden on Fourth North wher 10I Trees around City looking very dry. Councilman Kelling thanks for the oppor- tunity to serve as Councilman. City refuse permissio to build on to exist- ing Court House. Power surge for City - pump.s Bills approved. Adjournment into executive session. Regular Meeting/Atten- dance. Special Meeting & Reg- dular Meeting Minutes Approved. Utah Power & Light Street Light contract renewed for three yrs. es Public Hearing for possibile closure of dArroyo Road. 102 Arroyo Road Public Hearing cont'd Mike Steele Zone chan 478 West Fourth North Weeds in residental areas. Executive Session an- nounced/Mr. Oliver's Subdivision. Investigation of pur- chase made by termin- ated employee. Administrator McClure asked to be released from Planning Co-ordin- ator and monitoring Police Department, but rescinds his actions later. traffic is already heavy due to the Helen M. Knight School, the Swimming Pool and various churches. Attorney Coffman recommended that the closure of Arroyo Road not be permanent, as the City could loose the right^9£,,way to adjacent proms perty owners. He said the loss of the right-of-way could prove to be a problem if the City attempts to complete a through road from First West to Fourth West, in the future. Councilman Brewer made the motion Arroyo Road be temporarily barricaded in two places; near the access road to the orchard and near the end of the lanes of Walnut Lane Trailer Court; to be done at the first part of next week, seconded by Coun- cilman Kelling, approved unanimously. Mike Steele appeared before the Council to discuss his pending zone change. He has requested an area at 478 West Fourth North be changed from an R-2 Zone to a C-2 Zone in order for him to build a storage unit. A lengthy discussion followed involving the Council and various members of the audience as to the possibilities of what future owners might do with the property if ti is re -zoned. Attorney Coffman told Mr. Steele it will be necessary for_him_to go before the Board -of Adjust- ments for a variance. At that time the Council requested Attoney Coffman prepare an amendment to the text of the Zon- ing Ordinance allowing storage units in an R-3 and R-4 Zone as a condiitonal use. Attorney Coffman told Mr. Steele it will be approximately thirty days in order for proper ad- vertising procedure to take place. Councilman Peterson moved to table Mr. Steele's zone change application until the regular City Council meeting of September 16, 1980, seconded by Councilman Brewer, approved unanimously. Mrs. Jerrel Bessire appeared before the Council regarding the numerous yeards in Evans Subdivision engulfed in weeds. She wanted to know if the City had an ordinance restricting res- idents to allow weeds to grow. She went on to say the weeds are a fire hazard as they harbours pests and insects. Att- orney Coffman informed Mrs. Bessire the City does not have an ordinance as such, but they can have the yards cleaned up at the residents expense. Attorney Coffman also told her if she will come in and'file a formal complaint with Mr. Horstmann, the Building Inspector and Zoning Administra- tor, he can write a letter informing them to clean-up the yard or the City will do it at their epense. Attorney Coffman announced an executive session following the regular meeting to discuss personnel matters. He also mentioned a meeting with Attorney Harry Snow regarding action taken by the Planning Commission concerning Mr. Delbert Oliver's subdivision. The City Planning Commission recently met and recommended a variance on the preliminary plat waiving sub- division procedures in this case. City Administrator McClure stated that this variance, waiving the following requirements outlined in the Subdivision Ordinances, as not, in Administrator McClure's estimation, the proper function of the Planning Commission and did not follow established City Ordinances re- garding subdivisions. Councilman Tomsic made the motion the Council approve the preliminary plat of this subdivision Councilman White seconded, approved unanimously. Administrator McClure mentioned he was investigating a pur- chase made by Lynn K. Christensen on July 28, 1980 a week or so after her termination. Administrator McClure asked to be released from the duties of Planning Co-ordinator that he was appointed to in the pre- vious Council meeting and also be released from monitoring the activities of the Police Department. Mayor Jacobs told Administrator McClure said he felt recent actions be the Council totally renders him ineffective in monitoring that department. He commented that he has attempted to enforce some City rules and regulations, but has experienced pro- blems with variations. Following a,discussion, Adminis- trator McClure agreed to remain as Planning Coordinator and monitoring the Police Department. The Council agreed that polices should be followed. The Council also discussed ad- vising the Planning Commission and other City boards that Administrator McClure is available for consultation and ad- vice, regarding polices and procedures as in the case of Mr. Delbert Oliver. Councilman Tomsic made a motion that only those items on the scheduled agenda will be discussed by the Council, seconded by Councilman Kelling, approved unanimously. Councilman Tomsic went on to explain her motion, stating that people wanting to appear at the City Council meetin should contact the Administrative office, the Friday be- fore the meeting by 10:00 A.M. Mayor Jacobs mentioned a complaint he received about the condition of the previous Building Inspector's yard and also the fact that he starts his race cars at 6:00 A.M. Building Inspector Horstmsnn said he will write a letter concerning the debris in his yard. The Council agreed to accept a low bid from Peterson Ford for a 1980 Ford LTD. at $6,070.00 to be used by the Ad- ministrative office. A second bid of $6,500.00 from Ma- honey Chevrolet -Pontiac was rejected. Councilman Tomsic made the motion to accept the low bid for the Ford, sec- onded by Councilman White, approved uanimously. Council man Peterson abstained from the vote. Mayor Jacobs made an announcement that the City was nego- tiating the purchase of the Hudson Building, owned by Tom Stocks, as an alternative to an addition to the County Court House. The City has budgeted $200,000 for an addi tion to the County Court House. The cost of the Hudson Building is about $175,000, which leaves money for some minor re -modeling that would be required in order to_take occupancy. The Police Department would remain in the present building in the offices presently occupied by the Utilities Department and Administrative Department. The proposed Building contains three floors with approximatel 4,400 square feet of floor space. The Mayor stated that there was ample parking facilities and it was near the ex isting Court House, so it would be easily accessable for the public. Attorney Coffman raised several questions re garding OSHA requirements, and various requirements for the handicapped; Administrator McClure said he had alread started to make calls on those complications, but as yet, he has been unable to learn anything. Councilman White made the motion to authorize City Administrator McClure a Mayor Jacobs to proceed with negotiations with Mr. Stocks in acquiring the building, seconded by Councilman Brewer, approved unanimously. Councilman Peterson asked Attorney Coffman about a letter written to a resident on Rosetree Lane regarding chickens in his yard and also about a fence to be erected to ob- scure the view of some old cars. Attorney Coffman told the Council Mr. Mitchell had agreed to erect a fence, but did not intend to remove the chickens, unless further pro cedings dictate their removal. The problem is now a matter of litigation, therefore, out of the hands of the Council. Councilman White made the motion the bills be paid as sub mitted, seconded by Councilman Brewer, aroved unanimous Administrator McClure commented that a memo had been dis- tributed to all employees involved in purchasing, requiri any and all items purchased be itemized and signed on the invoice. Several invoices have been submitted without an indication of what they are, or what department they were for and who purchased them. Councilman Tomsic moved for adjournment into executive session at 10:58 P.M., seconded by Councilman Kelling, a proved unanimously by roll -call vote. Agenda will be adhered to. �03 Complaint registered with Mayor about pre- vious Building Inspec- tors yard. Low bid for Administra- tive car to Peterson Ford. City to purchase new office building. d g Chickens and Old Cars on Rosetree Lanes. Bills approved as . submitted. Adjournment into Exec• utive Session. 1 O w CITY COUNCIL September 2, 1980 Regular Meeting and At- tendance. Minutes approved with correction. Don Cook scheduled/ D. L. Taylor will speak in his place. Mary Plumb & Annette Kearl make presentation on behalf of the Kayake wanting to use the City Pool. Hospital Board proposes Nursing Home to built rather than recreation- al complex. A regular meeting of the Moab City Council was called to order at 8:04 P.M. by Mayor Jacobs in_the City Council Chambers with Councilmen White, Tomsic, Brewer and Kell- ing in attendance. Councilman Peterson was absent. Al- so in attendance were City Attorney Coffman„ City Adminis- trator McClure, City Engineer Keogh, City/County Building Inspector Horstmann, Police Chief Dalton, Board of Ad- justments Chairman Dennis Wilberg, Secretary Johnson, the media and twelve citizens. The minutes of the August 19, 1980 meeting were approved with'a correction on page three, third paragraph, the second word from the margin should be 'abstain'. The motion was made to accept the corrected minutes by Coun- cilman Kelling, seconded by Councilman Brewer, approved unanimously. Don Cook was scheduled to appear before the Council re- garding a nursing home; a man from the audience said that Mr. Cook was out-of-town, and that D. L. Taylor would be in shortly to talk to the Council. Mayor Jacobs asked Mary Plumb to make her presentation as she was next on the agenda. Ms. Plumb and Annette Kearl s appeared before the Council in be half of the Kayakers of the area. Ms. Plumb explained to the•Council that she was a beginning Kayaker and had the opportunity to prac- tice 'rolling' in the Kayak in the City Swimming Pool. The ladies explained the procedure of rolling in a Kayak ans stressed the importance of doing this 'roll' in a familiar environment such as a swimming pool. Many qu- estions were raised by the Council concerning the cleanli- ness of the Kayaks and the effect the boats have on the chemical balance of the water. Ms. Kearl told the Coun- cil the boats will be washed thoroughly inside and out, and the ends of the boats will be covered to protect a- gainst any damage that may occur to the tiles in the pool. Ms. Plumb and Ma. Kearl expressed their willingness to work with the Mayor, Administrator and Council in any way. Councilman Brewer questioned the ladies as to how many participants there are and if they had an established or- ganization. Ms. Kearl told Councilman Brewer there are approximately ten individuals presently. Councilman Tomsic suggested these individuals form an organization; Councilman Tomsic also went on to suggest the group post a bond to cover damages or added expenses incurred. Councilman Tomsic made the motion to table the issue of allowing Kayaks in the City Swimming Pool until the group can be organized and further investigations can be made by the City Administrator, seconded by Councilman Kelling, approved' unanimously. Hospital Board Chairman D. L. Taylor told the Council there is need for a nursing home in Moab. In the hospital, there is only room for about five extended -care patients, and those beds are only for patients requiring skilled nursing care. Mr. Taylor proposed that the City sell lots adja- cent to the golf course and the proceeds go to a nursing home near Allen Memorial Hospital rather than a recreation- al complex. Preliminary costs for a nursing home facility range from $55.00 per square foot to $85.00 per square foot. Councilman Brewer inquired as to a survey being made to determine if Moab has the need for such a facility. Kay Hawks, Hospital Administrator, told the Council that a thirty bed unit would be filled in leas than a year, and a fifty bed unit would be filled within a year and a half or two years. Councilman Tomsic asked if it would be similiar to the nursing home in Blanding. Mr. Hawks told her "yes". Mr. Hawks went on to say the County would do- nate land adjacent to the Allen Memorial Hospital and the Advanced Health Systems, who are operating the hos- pital, would also operate the nursing home at no cost to the City or the County. Mayor Jacobs explained to Mr. Taylor and the other members of the hospital committee that a public hearing would be held before any definite decisons could be made. Mr. Taylor told the Mayor and the Council 105 he was aware a public hearing must be held before any de- Nurisng Home coned. cisions could be made; but he wanted the Council to con- sider this proposal. Mr. Alfred Christensen appeared before the Council to ask Right-of-way vacated for the seven foot (7') right-of-way to be waived so he for installation of can install a four foot (4') sidewalk and fence next to sidewalk and fence on the curb on his property at 306 West Fourth North. Afte-Fourth North. some discussion, Board of Adjustments Chairman Dennis Wil- berg suggested the Council appoint a committee to study the possibility of vacating all or some of the City's riglt- of ways. The Council agreed; the committee will be ap- pointed by the first of next week, and should consist of about five people. Councilman Tomsic made the motion to grant Mr. Alfred Christensen permission to put in a four foot (4') sidewalk, fence and plant on the City owned pro- perty; and if there is any reason the fence has to be re- moved, the property owner will move it at his expense, seconded by Councilman White, approved unanimously. Councilman Brewer made the motion the Council accept the Final approval of Del - final plat for Delbert Oliver's Subdivision; acceptance bert Oliver's Sub - granted upon the approval of the Chairman of the Planning division. Commission and with the approval of Board of Adjustments if necessary, seconded by Councilman Tomsic, approved un- animoulsy. Engineer Keogh mentioned he had called to the attention of City Administrator McClure some concrete that looked questionable. Engineer Keogh said it was the same prob- lem as we had before. Building Inspector Horstmann and Administrator McClure phoned an official at the State Of- fices and conrete plant owners to try to resolve this pro blem. Attorney Coffman told the Council he, the Mayor and Admin istrator had met with Mr. Tom Stocks concerning the pur- chase of Tom Stocks' building. The preliminary paper- work is in progress and a draft will probably be ready fo the Council to review at the next regular Council meeting Concrete problems. Plans are progressing for purchase of new office building - Tom Stocks' building. Attorney Coffman told the Council the Condemnation suit Thompson -Oliver & against Thompson -Oliver Enterprises and against Mi-Vida MiVida Enterprises Enterprises had been filed and is scheduled to go to Court Suits go to court on Monday, September 8, 1980. The suit was filed for tit Monday, Sept. 8, 1980. immediate occupancy for the location of the water tank si e. The authorization of a deposit of two checks has already been made. Attorney Coffman also suggested the possibility of studyi g Solar Zoning 0rdi- a solar zoning ordinance, as there are a number of solar units in the area. A new ordinance or modification woul be to restrict certain objects being erected to obscure o block a solar unit as a protection to the investor. Attorney Coffman mentioned the City does not need to con- tinue their subscription to a Defensive Driving Law Text Supplement. He suggested the City offer the subscriptio to one of the other Lawyers in the City. Attorney Coffman also mentioned a letter that was discuss in a previous meeting concerning City employees in Guard Reserve Duty. They will not be required to use their vacation time, The City is only liable to compensate the employees for the difference between what the guard duty pays and his City salary. Attorney Coffman made th recommendation that Mayor Jacobs sign the statement. Councilman Tomsic included that the City's Personnel Pol- icies cover such procedures. Attorney Coffman mentioned some law suits the County was involved in, in which he, representing the County, filed action against 220 defendants to declare that along with various Bureau of Land Management 2' acre small tracts, in the County there are certain right-of-ways for access to utilities along those small tracts. Evidently, the City still holds title to the Cemetary property, therefor inadvertently, Attorney Coffman sued the City thinking th cemetary property was owned by a cemetary district or the County. Attorney Coffman suggested the City issue a qui nonce to be studied. City no longers needs Defensive Driving Tex d City to compensate portion of salary for Guard or Reserve Duty. Attorney Coffman sues for small tract land and right-of-ways in County. 106 claim deed and turn the property over to the County or to a cemetary district which would dismiss the suit. Helicopters and Helipor located within the City limits causing quite a stir. Stream -line the Council meetings, by getting more information in the beginning. Joel P. Hayward to be hired as new Police Of- ficer. Water/Sewer Budget Approved. Request denied for Marget Suy..er to move out of City limts. Als City employees must live within the limits of the City. Noise Control Confer- ence being held in Boulder Colorado. sAttorney Coffman told the Council he has not had a chance to look into the problem with the Heliport behind the Ra- mada Inn. Mayor Jacobs told Attorney Coffman and the Council that he has received several complaints concern- ing this matter. Councilman Brewer mentioned a con- versation he had with the gentlemen who was landing his helicopter behind the Ramada; this gentlemen informed Councilman Erewer he is moving his landing site out of the City limits. Another Heliport in the same area owned and operated by the ELM is licensed by the FAA and follows established regulations. Councilman Tomsic mentioned that the landing site is within the City limits and therefore governed by City ordinances. Administrator McClure also asked for suggestions from the Council as to a way to stream -line the City Council meetings. One thought Administrator McClure had would be to get more information from the individual,or group appearing before the Council in advance, such as a letter or statement explaining their appearance; or when tele- phoning the Administrative office, giving the Secretary sub- stantial information so the Council is more aware of what will transpire at the meeting. This would allow the Council to prepare themselves more and a lot of un- necessary discussion would be alleviated. Mayor Jacobs suggested a form be printed which the -applicant fills out or whe phoning in, the Secretary will fill out to get more information. Administrator McClure presented information on Joel P. Hayward, the top applicant for position of Police Officer. Upon approval from the Council he will be hired as the new officer. He will be available to start work on September 8, 1980. Mr. Hayward has mentioned to Ad- ministrator McClure he might need to live in the County if he can not find suitable lodging in the City becaube of a medical problem with one of his children. Council- man Tomsic made the motion to accept Joel P. Hayward as Police Officer; employment to begin September 8, 1980 at a salary of $1,125.00. An amendment to the motion by Councilman Kelling concluded that Mr. Hayward be allowed to live in the County, but as close to the City limits as possible so he can respond to calls. Council- man Tomsic approved and seconded the amendment made to her original motion by Councilman Kelling, approved un- animously. Administrator McClure mentioned the Water/Sewer Budget that he prepared for the Council's acceptance. This year was the first year for such a budget, so a lot of the figures are not totally accurate as they were not programmed into the computer in the past; but will be in the future, as soon as the new computer is installed. Another request from an employee, Marget A. Snyder, was presented by Administrator McClure, to move out of the, City limits; reason being, to lessen a financial burden due,to her husband working out of the area. The Council discussed this matter, stating that City tax payers pay higher taxes in order to pay City employees salaries; and did not feel it just for City employees to live out- side of the City limits. Councilman TOfisic made the motion denying Marget A. Snyder to l;lve out of the City limits and still retain her employment with the City. Seconded by Councilman White, approved by majority vote; Councilman Tomsic, Kelling and White voting aye; Council- man Brewer voting nay. Administrator McClure stated that he would,distribute a memo stating all City em- ployees must live within the City limits. Administrator McClure mentioned a conference being con- ducted by the University of Colorado, in Boulder, Colora- do, on noise control. The Council, Chief of Police Dal- ton, Administrator McClure and the Mayor discussed this issue to some extent. The Chief told the Council the police force is concentrating heavily on noise control such as the motorcycles that have modified exhaust systems. Chief Dalton said the officers are impounding these vehic as they are in violation of the law. 107 Councilman White, after reviewing the monthly employees r port, questioned the termination of one employee. He was told it was a dismissal within the six-month probation period. Councilman Kelling referred a question from a citizen want ing to know when a certain fire plug would be painted. Mayor Jacobs told her the crews are getting the crosswalks and curb and gutters painted and it will soon be done. Councilman Brewer stated after reviewing the Moab City Code, Section 22-1-6: "acceptance of streets on a sub- division plat by the City shall be for the purpose of legal description only and not for automatic maintenance or construction," that this would apply to Dennis Byrd, a the Palisades Subdivision. Mayor Jacobs told Councilman Brewer it was now a legal matter and in the hands of the Attorney. Mrs. Ellis Cook inquired about a letter to be written to Mr. & Mrs. Art Mitchell regarding the hens and antique.2 cars_in their yard on Rosetree Lane. Mrs. Cook was told Inspector Brundage, upon consulting with Attorney Coffman, wrote the Mitchells a letter stating they were in violatio of the Moab City Code, Section 27-2-2 and asked that the hens be removed. In response to Inspector Brundage's let ter, Mr. & Mrs. Mitchell wrote the City stating that they would erect a fence around the cars and as for the hens they declined to remove them at the present time, but the will do so if evaluation dictates their removal. Inspec- tor Horstmann will make an inspection and go from there. Mayor Jacobs spoke briefly about a letter he received tod (September 2, 1980), from the County Commissioners statin that several sections of road being maintained by the Cou actually belong to the City. According to the letter, part of Fourth East, all of Hecla Subdivision, part of Fo th North and part of Fifth West belong to the City; but have been maintained by the County. The Commissioners said they do not expect the City to reimburse them for mo spent on the roads, unless they both collected road funds. The Mayor said he plans to answer the letter the first of next week. Administrator McClure updated the Council on the progress of the purchase of Tom Stocks' building. He also mentio purchasing some of the furnishings, desks, tables, chairs and also a new IBM typewriter. The City budgeted for a new typewriter for the Water/Sewer Department. Adminis- trator McClure mentioned the possibility of purchasing thi one. Councilman White made the motion to approve the bills as submitted for payment, seconded by Councilman Tomsic, ap- proved uanimously. Councilman Brewer asked if spraying has been done for cat- epillars, the Mayor replied, "yes". Mr. John Merritt, from the audience, asked if any action had been taken regarding a letter from his wife, Cathy Mer ritt, concerning their drive -way approach in Hobbs Subdivi sion. Administrator McClure explained to Mr. Merritt tha a letter had been submitted to the Attorney for a legal op inion as to what improvements are required by the developer according to the subdivision ordinance, so we are awaiting an answer from Attorney Coffman. Administrator McClure told Mr. Merritt the Council granted Mr. Hobbs an exten- sion on improvements. Mr. Hobbs will be notified when the deadline has expired; at that time, Mr. Merritt can appear before the Council to express his position. Councilman i e made the motion to adjourn the meeting at 10:17 P.M. conded by Councilma Tomsic, a..roved unani- mousl Ralp Y. cClure, Recorder arold Jacob , Mayor Monthly employee re- port reviewed Curb, gutters and fire plugs to be pa- inted. Palisades Subdivision Hens and antique cars on Rosetree Lane. Letter from County Com- missioners stating Con- y my was maintaining some City roads. Purchase of Tom Stock: dBuilding - new IBM typewriter. Bills approved for pay ment. Spraying for catepil- lars has been done. Mr. John Merritt, driv way approach in Hobbs Subdivision. Adjournment. 108 CITY COUNCIL Regular Meeting/ Atten- dance. Minutes approved with corrections. Ordinance #6-80. September 16, 1980 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 8:05 P.M. Present were Council- men Peterson, Kelling, White, Tomsic and Brewer. Also present were Attorney Coffman, Chief of Police Dalton, Assistant Chief of Police Brownell, Building Inspector Horstmann, Secretary Johnson, the media and approximately 22 citizens. Councilman White made a correction to the September 2, 1980 minutes on page four, fourth paragraph, the part reading, "seconded by Councilman White, approved unanimously," should read approved by majority vote; also Councilman Tomsic made a correction on page five, third paragraph, second to the last sentence, "they" should be changed to "the": Councilman Tomsic then so moved the minutes be ap- proved with the two corrections, seconded by Councilman White, approved unanimously. The Council approved Ordinance #6-80, amending Chapter 27, Article 3, Section 28 of the Moab City Code. The ordinance amending the Code will allow storage units in R-3 and R-4 Zones as a conditional use. This ordinance also transfers the responsibility from the City Board of Adjustments to the City Council in authorizing condidtional uses. Fred Stoye, a gentlemen in the audience, presented a letter stating his opposition to opening R-3 and R-4 Zones within the City to commercial exploitation. Administrator McClure explained it does allow storage units to be built in R-3 and R-4 Residential Zones, but it is done under the condi- tional use provision of the ordinance. Building permits are not automatically granted. Councilman Tomsic made the motion to adopt Ordinance #6-80 pertaining to Chapter 27, Article 3, Section 28 of the Moab City Code. Council- man White seconded, the motion was approved unanimously by roll -call vote. (Ordinance #6-80 as follows:) ORDINANCE #6-80 ORDINANCE AMENDING MOAB CITY CODE, CHAPTER 27, ARTICLE 3, SECTION 28 BE IT ORDAINED that Moab City Code Chapter 27, Article 3, Section 28 be amended as follows: (1) By deleting the words!'Board of Ad- justments and substituting therefore -"City Council." (2) By re -stating the introductory para- graph to read: "The following uses shall be permitted only after hearing by the Planning Commission and con- sideration of the Planning Commission records by the City Council as set forth herein." (3) By adding Subsection "L" as follows: T. Storage Units. Storage units generally classifted as mini, -storage facilities, not generally leased for industrial, purposes may be allowed in R-3 and R-4 Zones upon the finding by the City Council that such units would be of benefit to residential uses in the area. The City Council, in granting such con- ditional uses may make such exceptions to set -back al- lowances as are consistent with the general character and like improvements in the vicinity of such storage units." DONE IN COUNCIL this 16th day of Sept - ember A. D. 1980. ATTEST: /s/ Ralph Y. McClure, Recorder /s/Harold Jacobs, Mayor Councilman Tomsic made the motion to table the third item on the agenda, the proposed Building Permit fee changes, until further investigations can be made, seconded by Councilman White; approved unanimously. Councilman Petersom questioned a letter from Building In- spector/Zoning Administrator Horstmann regarding a zoning violation by Art Mitchell. Administrator McClure told the Council the letter written by Mr. Horstmann stated that, after reviewing Section 27-2-2 of the Moab City Cod and inspecting the premises, Mr. Mitchell is not in vio- lation of the Moab City Code Zoning Ordinance. Council- man Peterson feels if the Zoning Ordinance is vague an amendment should be written and so moved that the City Attorney be instructed to re -draft the zoning ordinance a it pertains to the keeping of livestock and foul in the City limits and present the Council with some alterations that will close some of the loop -holes in this section of the zoning ordinance. Seconded by Councilman Tomsic. Administrator McClure mentioned another aspect to be look into; the storage of vehicles, operable or in -operable, when re -drafting the zoning ordinance. Councilman Peter son accepted the suggestion and re -drafted his motion to include storage of operable or inoperable vehicles in res idential areas. The motion was approved unanimously. I1r. Darrell Peck, Co-ordinator for the Southern Unit for Four Corners Mental Health, came before the Council seek- ing their support concerning the County's decision to wit draw from the program at a public hearing to be held Sep- tember 22, 1980, at 7 P.M. in Star Hall. Mr. Peck spoke briefly about the staff and the services they offer. He introduced the Executive Director, Mr. Weir. Mr. A. Dan Holyoak, appeared before the Council concernin a dis-incorporation of some property on Millcreek Drive. Attorney Coffman informed Mr. Holyoak that the State Law says he must file a court action. The action has to be tried as a civil matter. Mr. Kurt Balling of 261 Tusher Street, appeared before th Council for clarification of the zoning ordinance, regard ing a problem with a neighbor's fence on Tusher Street. The lots on Tusher SLreet are small and a lot of fences and carports have been placed on the property lines. Mr Balling's neighbor is building a dog run, (four foot (4') high), with one side of the run being placed right on the mutual property line making it impossible for Mr. Balling to get in or out of his car without the neighbors' dogs snapping at him. Mr. Balling presented a petition signe by 22 of 29 residents protesting the dog run. Attorney Coffman inquired as to the disposition of the dogs; Mr. Balling said they were mean and did try to bite. Attor- ney Coffman suggested Mr. Balling file a formal complaint with the Animal Control Officer. The dog owner will the be charged a fine. Councilman Peterson mentioned the situation would be in violation of Section 16-1 and 16-2 "Nuisance" and "Public Nuisance" of the Moab City Code. Mr. John Merritt of 352 Sunshine Circle (Hobbs Subdivisio appeared before the Council concerning his driveway ap- proach. He was seeking a determination of who's respon- sibility it is to install the driveway approach, the de- veloper or the contractor. He gave a history of events that have taken place since April, 1980. At a Board of Adjustments Meeting in August 1980, by unanimous vote, the Board concurred it was the developers responsibility (Frank Hobbs): At that time, Administrator McClure in- formed Mr. Merritt that the Board, of Adjustments does not have the authority to make such a decision. There was a lengthy discussion as to what was included in the contrac with the developer, Mr. Hobbs and the contractor, Mr. Foy. Councilman White said he thought the contractor who ihsta l- ed the driveway should also install the driveway apron. Also, Mr. Hobbs, who was in attendance at the meeting, me tioned getting appraisals of the cost of the sidewalk whi. was included in the contract and wrote Mr. Merritt a chec. for $127.00. Mr. Hobbs said he felt he -had met all of his obligations. Mayor Jacobs said the City requires sub division developers to install curb, gutter, and sidewalk_ Building Permill9 e changes tabled. Zoning Violation Rosetree Lane. d Darrell Peck, Four Cor- ners Mental Health, seek - support in Public Hear ing. . Dan Holyoak - dis- incorporation of proper- ty. Mr. Kurt Balling of 261 Tusher Street, complain concerning a dog run. ),Mr. John Merritt, 352 Sunshine Circle, drive way approach. ��I 0 H o b b s S u b d i v i s i o n . M r . H o b b s ' e x t e n s i o n f o r i m p r o v e m e n t s . H e l i c o p t e r L a n d i n g a t F o o t b a l l F i e l d P u r c h a s e o f M r . & M r s . S t o c k s ' B u i l d i n g . B u i l d i n g C o n t i n u e d M a y o r J a c o b s s a i d M r . H o b b s h a s d o n e w h a t w a s e x p e c t e d o f h i m . A t t o r n e y C o f f m a n i n f o r m e d M r . M e r r i t t i t w a s h i s f i n a n c i a l r e s p o n s i b i l i t y t o k n o c k - o u t t h e c u r b a n d i n s t a l l t h e d r i v e w a y a p r o n . H e w i l l h a v e t o g e t p e r m i s s i o n f r o m t h e C i t y t o k n o c k - o u t t h e c u r b , a s i t i s o w n e d b y t h e C i t y a n d i s o n C i t y p r o p e r t y . W h e n i n s t a l l i n g t h e a p r o n h e w i l l a l s o h a v e t o f o l l o w C i t y r e g u l a t i o n s . M r . - M e r r i t t a l s o w a n t e d t o k n o w w h o w a s r e s p o n s i b l e f o r t h e s t r e e t s i g n s o n S u n s h i n e C i r c l e . T h e C o u n c i l f e l t i t w a s M r . H o b b s , t h e d e v e l o p e r , w h o w a s r e s p o n s i b l e f o r i n s t a l l i n g t h e s t r e e t s i g n s . M r . H o b b s w a s i n a g r e e m e n t . M r . H o b b s m e n t i o n e d t h e n e e d f o r s t r e e t l i g h t s i n t h e s a m e a r e a . M a y o r J a c o b s t o l d M r . H o b b s t h e C i t y w a s a l r e a d y i n t h e p r o c e s s o f a c q u i r i n g l i g h t s t h r o u g h t h e p o w e r c o m - p a n y . A d m i n i s t r a t o r M c C l u r e b r o u g h t t o M r . H o b b s a t t e n t i o n t h a t h i s o n e y e a r b o n d w i l l e x p i r e o n O c t o b e r 8 , 1 9 8 0 , w h i c h , i f h e i s g o i n g t o r e n e w t h e b o n d , n e e d s t o b e d o n e a t t h e n e x t C o u n c i l m e e t i n g o n O c t o b e r 7 , 1 9 8 0 . M r . H o b b s r e - q u e s t e d t h a t i t i n c l u d e a n e x t e n s i o n f o r i n s t a l l i n g s i d e - w a l k s u n t i l a f t e r s t r u c t u r e s a r e c o m p l e t e d s o t h e s i d e - w a l k s a r e n o t d e s t r o y e d d u r i n g c o n s t r u c t i o n . M i s s Y v e t t e L o o n e y r e q u e s t e d t h e C o u n c i l ' s o p i n i o n t o a l - l o w a h e l i c o p t e r t o l a n d w i t h h e r o n t h e f o o t - b a l l f i e l d a t t h e H i g h S c h o o l b e f o r e t h e H o m e c o m i n g F o o t b a l l G a m e . S h e h a s r e c i e v e d w r i t t e n a p p r o v a l s f r o m b o t h C h i e f o f P o - l i c e D a l t o n a n d S c h o o l S u p e r i n t e n d e n t B i l l M e a d o r , a s l o n g a s a l l a v i a t i o n s a f e t y s t a n d a r d s a r e m e t a n d a l l a u t h o r - i t i e s a r e i n a g r e e m e n t . S o m e q u e s t i o n w a s r e a i s e d a s t o t h e i n s u r a n c e a n d l i a b i l i t y s t a t u s . A t t o r n e y C o f f m a n s t a t e d t h e C i t y w o u l d n o t b e h e l d l i a b l e a s i t w a s n o t o n C i t y p r o p e r t y . A t t o r n e y c o f f m a n a l s o s t a t e d t h e C i t y h a s n o o p p o s i t i o n . M r . & M r s . T h o m a s A . S t o c k s w e r e p r e s e n t t o f i n a l i z e a n a g r e e m e n t f o r t h e p u r c h a s e o f t h e i r b u i l d i n g . A d m i n - i s t r a t o r M c C l u r e m e n t i o n e d , u p o n m o v i n g i n t o t h e n e w b u i l d i n g , w e w i l l n e e d v a r i o u s a d d i t i o n a l f u r n i t u r e w h i c h w e c a n b u y f r o m M r . S t o c k s , s u c h a s a d d i t i o n a l d e s k s , c h a i r s , c a b i n e t s a n d a t y p e w r i t e r . M o n i e s w e r e a p - p r o p r i a t e d f o r a n e w t y p e w r i t e r i n t h e W a t e r / S e w e r D e p a r t m e n t ' s b u d g e t w h i c h , a f t e r c h e c k i n g , w o u l d ' t a k e a p p r o x i m a t e l y s i x m o n t h s a n d h a s a m a i n t e n a n c e c o n t r a c t . W e c a n p u r c h a s e t h i s o n e a n d h a v e i t i m m e d i a t e l y , w h e r e a s i f t h e C i t y o r d e r s a n e w o n e , i t w i l l b e a b o u t s i x m o n t h s f o r d e l i v e r y . A d m i n i s t r a t o r M c C l u r e w e n t o n t o s a y t h e C i t y h a s t h e c a s h t o p u r c h a s e t h e b u i l d i n g o u t - r i g h t ; h o w e v e r , M r . S t o c k s h a s r e q u e s t e d t h e p a y m e n t s b e s p l i t f o r t a x p u r p o s e s . T h e C i t y a g r e e d t o t h e a r r a n g e m e n t u p o n s i g n i n g t h e a g r e e m e n t t w o c h e c k s w i l l b e m a d e , o n e f o r $ 3 , 1 0 0 . 0 0 f o r t h e f u r n i t u r e a n d a n o t h e r o n e f o r $ 9 0 0 , 0 0 f o r t h e I B M t y p e w r i t e r . I n a d d i t i o n , a d o w n p a y m e n t o f $ 5 0 , 5 0 0 w i l l b e , m a d e a n d t h e n t w o a d d i t i o n a l p a y m e n t s o f $ 5 9 , 9 0 0 w i l l b e m a d e , o n e o n D e c e m b e r 2 8 , 1 9 8 1 a n d a n - o t h e r J a n u a r y 4 , 1 9 8 2 . A t t o r n e y C o f f m a n , w h o d r e w - u p t h e a g r e e m e n t , e m p h a s i z e d t h e s p l i t p a y m e n t w i l l n o t i n c r e a s e t h e c o s t o f t h e b u i l d i n g ; t h e C i t y w i l l e a r n i n t e r e s t o n t h e m o n e y b e t w e e n p a y m e n t s . C o u n c i l m a n W h i t e i n q u i r c . d a s t o w h e n t h e t i t l e t o t h e f u r n - i t u r e , ' f i x t u r e s , a n d e q u i p m e n t w o u l d , b e a t t a i n e d . A t t o r - n e y C o f f m a n s t a t e d u p o n , c l o s i n g , t h e f i x t u r e o w n e r s h i p w i l l b e m a d e . B u i l d i n g I n s p e c t o r H o r s t m a n n h a s i n s p e c t e d t h e b u i l d i n g a n d h a s f o u n d n o s t r u c t u r a l d e f e c t s . A t t o r - n e y C o f f m a n m e n t i o n e d t w o , l e a s e s t h e S t o c k s h a v e o n t h e b u i l d i n g ; J u v e n i l e C o u r t h a s a l e a s e u n t i l F e b r u a r y o f 1 9 8 1 a n d W o o d w a r d C l y d e A s s o c i a t e s . A d m i n i s t r a t o r M c C l u r e s t r e s s e d t h e i m p o r t a n c e o f i n f o r m i n g W o o d w a r d C l y d e o f t h e n e w o w n e r s h i p a n d t h e n e c e s s i t y f o r t h e m m o v i n g a s s o o n a s p o s s i b l e d u e t o t h e f a c t t h e y w i l l n o t b e a l l o w e d t o e n t e r a f t e r r e g u l a r b u s i n e s s h o u r s . M r . S t o c k s a g r e e d t o g i v e t h e t e n a n t s a 3 0 d a y v a c a t i n g n o t i c e . F r i d a y , S e p t e m b e r 1 9 , 1 9 8 0 i s s e t u p f o r t h e c l o s i n g d a t e . C o u n c i l m a n T o m - s i c m a d e t h e m o t i o n t o a c c e p t t h e c o n t r a c t f o r t h e p u r c h a s e o f M r . & M r s . S t o c k s ' . b u i l d i n g , s e c o n d e d b y C o u n c i l m a n P e t e r s o n , a p p r o v e d u n a n i m o u s l y b y r o l l - c a l l v o t e . Engineer Keogh said, regarding the above mentioned busine transaction, there is a small strip of land on the east boundary that Mr. Stocks was in the process of acquiring. Attorney Coffman stated that Exhibit "b" of the contract states that Mr. Stocks will deed over this property after he acquires it. No additionaljmoney will be involved. Engineer Keogh also mentioned a cement seminar being pre- sented by the Portland Cement Association, Thursday, Sept ember 18, 1980 at 9:00 A.M. for concrete suppliers, contr tors or anyone else that is interested to clear up some o the problems we have been having with concrete. Enginee Keogh mentioned a driveway on the Luckenbill property tha was installed incorrectly many years ago that City crews replaced. Attorney Coffman announced that the Grand County Commissi ers are requesting the City give the rights of the ceme- tary property to the cemetary district where it belongs; they are going to eliminate the rights -of -way through the cemetary from the suit, eliminating the City fromtthe sui Attorney Coffman said hevould be glad to provide the documentation. Attorney Coffman mentioned two condemnation suits to ac- quire property for the new water tank. Last week the City was given title, granted by an order, for immediate occupancy so construction can commence for the water tank site on MiVida Enterprises property. The other condem- nation suit was for permission to enter the easement por- tion of the property of Thompson and Oliver Enterprises. Nielsen & Maxwell, the engineers,are working on the plans. The Board of Health has to okay them, then the Community Development Committee can make the City a check for $438,i Then we will go to bid for the tank. There was some discussion as to the wording of a letter t Mr. Dennis E. Byrd, written by Attorney Coffman, regardin the acceptance of the right-of-way as a dedicated street in the Palisades Subdivision. Attorney Coffman also mentioned a letter from Attorney John D. Haycock repesenting Mr. Gene Day. Attorney May= cock is requesting a copy of the investigation conducted by the City Police and Family Servies involving Mr. Day's children. Upon recommendation from Attorney Coffman, Attorney Haycock will be sent a copy of the report. Att ney Coffman feels the City will be less likely to be sued if they allow him to see the report. Administrator McClure informed the Council of a letter he received from George J. Anderson, Shade Tree Chairman, re- questing the large Cottonwood tree on the corner of First South and Third West be trimmed. In the letter Mr. Anderson suggests that he, himself, take on the actual trimming with the help of volunteer equipmen and labor. Administrator McClure expressed his concern over the City's liability and insurance; he feels the City should hire someone to trim it. He" also _feels -sins_ _ c , should be put up, warning the low clearance on both ends of the street. After a lengthy discussion, Councilman Tomsic made the motion that Mr. Anderson be directed to prepare a bid to submit to contractors to trim the tree on First South and Third East, seconded bytCouncilman White. Councilman Brewer re -drafted the motion stating the City Council decided to have professional tree trimmers bid on the trimming of the tree, approved unanimously. Administrator McClure informed the Council of a new rabies vaccine he felt would be beneficial for the,City's Animal Control Officer, Curtis Fleming. The vaccine can be attained from the University of Utah and1administered by a local physician. Councilman Erewer moved we acquire the vaccine for the City Animal Control Officer and also for the County's Animal Control Officer, depending on the cost seconded by Councilman Peterson, wproved unanimously. Councilman Tomsic inquired if Mr. Fleming had recived the protective gloves for handling cats; Administrator McClure s City acquired` land for water tank. c- - Law Suit dropped. City acquired Land for water tank. Dennis E. Byrd, Pali- sades Subdivision. Attorney Haycock rer quebt copy of report. Mr. Anderson, Shade Tre Chairman requests tree be trimmed. Tree cont'd. Rabies vaccine for An- imal Control Officers. 2 Animal Control Officer cont'd. Unsatisfactory water samples. Councilman Kelling ex- plained Mr. Pecks state ment. Curfew. Illegal cars. Luncheons and Execu- tive Session set. Authorization for con- tract on water tank. Ray Klepzig, appointed the City Planning Comm. D. O. T. contacted re- garding County letter o roads. Wimmer Case. Bills approved. Adjournment. told Councilman Tomsic they were ordered, but have not been received yet. Administrator McClure also mentioned he was looking into purchasing a tranquilizer gun for the Animal Control Officer. Councilman White asked the Mayor and Administrator if the unsatisfactory water samples we had recently could be due to negligence i+a the part of a City employee.- Mayor Ja- cobs replied "no air"! The unsatisfactory samples were not taken by a City employee, they were taken by the State Sanitarian, with the State Board of Health. The Mayor went onto say we don't know whose fault it was, the Board of Health or the City. Additional samples have been taken and were satisfactory. The City is going to be required to take additional samples due to the population. Councilman Kelling explained to the Council she had suggested Mr. Peck come before the Council asking their support in the public hearing regarding the County's decision to with- drew funding for the Four:Corners Mental Health. Council- man Kelling wanted to clear up any mis-interpretation that might arise from Mr. Peck's opening statement, "invitation to come before the City Council." Councilman Brewer asked about a letter in his packet from the Police Department about enforcing the curfew. Several comments were made as to printing of a statement in the paper and publicizing on the television and radio, alerting the parents and juveniles of the action. Councilman Tomsic reported a complaint to the Council she had received concerning three illegal vehicles owned by Mr. Olschewski parked on First North Street. Also, down the st- reet from Mr. Olschewski at Pierce Rentals there are two i1= legal cars that have been there all summer long and on up the street near Chief Dalton's house there is another illegal car. Councilman Tomsic instructed Administrator McClure to give this complaint to Chief Dalton and see to it that something is done about the cars. Administrator -McClure reminded the Council of aLluncheon with the A. O. G. on Wednesday, September 24, 1980 at the Ramada Inn at noon. The Council agreed to have Administrator McClure arrange a luncheon with the County Commissioners. The Council also scheduled an executive session for Friday, September 19, 1980 at 7:30 P.M. to discuss a confidential letter and per- sonnel matters, the executive session was approved unanimously by roll -call vote. Mayor Hacobs asked for the Council's authorization to sign a contract with Nielsen and Maxwell, the Engineers for the water tank project, stipulating the specifications for construction. The Council gave their consent. oMayor Jacobs asked Mr. Ray Klepzig to accept a seat on the City Planning Commission, to fill the vacancy left by Sam Tay- lor who had to resign due to business that kept him out-of- town too often. Mayor Jacobs mentioned he had contacted the Department of Trans- portation regarding the roads mentioned in the letter from the County Commissioners stating he can not recall any time when Moab City received any D. 0. T. funds for maintenance of thoroughfares listed in their letter. Councilman Tomsic inquired as to where the Wimmer case stands. Attorney Coffman replied, Mr. Wimmer was given four months to comply, and that only a couple of months have passed. The Building Inspector is monitoring the case very closely. Councilman White made the motion to pay the bills as presented, seconded by Councilman Tomsic, approved unanimously. Councilman Whi e moved to adjourn the meeting at 11:04 P.M., seconded by j;*ncilman Brewer, . oved unanimo APP CITY COUNCIL 113 October 7, 1980 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 7:58 P.M. Present were Councilmen White, Tomsic, Kelling and Brewer. Councilman Peterson was out-of-town. Al- so present were Attorney Coffman, Administrator Mc- Clure, Engineer Keogh, Building Inspector Horstmann, Officer Hayward, Secretary Johnson, members of the Media and three citizens. Councilman Tomsic made a correction to the minutes the Spetember 16, 1980 meeting, page one, 'third par graph, the part reading . . ."Councilman Tomsic mad the motion", -insert, "Councilman White seconded". Councilman Kelling made a change on page two, secon paragraph, strike the last sentence, "who was in th process of moving to Moab." Attorney Coffman made a correction on page two, third paragraph, the last word should be changed to %atter". Councilman Toms made the motion to accept the minutes with the abov corrections, Councilman White seconded, a..roved un animously. Administrator McClure introduced Moab City's new Po lice Officer, Joel Hayward. Mr. Mike Steele was given final approval, upon rec- ommendation from the Planning Commission, for a con ditional use of stroage units in an R-3 Zone at 478 West Fourth North. Administrator McClure gave the history leading up to this point. In order for Mr. Steele's storage units to be built, an ordinance amending the zoning text was passed, September 16, 1980, allowing as a conditional use, storage units in an R-3 Zone. Councilman Brewer made the motion to accept Mr. Steele's conditional use for storage units at 478 West Fourth North, seconded by Council man Tomsic, approved unanimously. Attorney Coffma instructed Secretary Johnson to draft an ordinance with the legal description to be recorded with the action taken as a public record. (Ordinance 1#7-80 as follows:) ORDINANCE NO. 7-80 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 official zoning map of the City of Moab, be, and the same is, hereby amended by the addition of the following: "(f)" The following described real property zoned R-2, Residential Zone, is hereby rezoned as R-3 Residential Zone. Beginning at the SE Corner of Johnson Subdivision which bears N 89* 55' E. 49.5 feet and N 0* 32' E. 49.5 feet from SW Corner, Section 36 T25S R21 E. S. L.B.`& M. and proceeding thence N 0* 32' E. 115.0 feet, thence N 89* 55' E. 48.8 feet, thence S 0* 32' W. 115.0 feet, thence S 89* 55' W. 48.8 feet to the point of beginning. Passed by the unanimous vote of all members pre sent of the City Council of the City of Moab, Utah this 7th day of October 1980. Regular Meeting/Atten- dance. f Minutes approved with corrections. Introduction & Welcome new Police Officer. Mr. Steele was given final approval for storage units. APPROVED: ATTEST: /s/ Harold Jacobs, Mayor /s( RAiph Y. McClure, Recprder 114 UBC Adobe Code discussed. An ordinance amending building permit fee increase. Flood Insurance/Rights- of-way Committee. Sherl Norton & Sunset Motel Law suits. Bid Opening for Water Tank. New format for monthly Police Report & curfew ordinance. Building Inpsector/Zoning Administrator Horstmann presented the Council with copies of the amended UBC New Mexico Adobe Code. He mentioned this code will be used as a guideline for consideration for adopting one for Moab City. Council- man Tomsic asked if there was any such building going on in our area, Inspector Horstmann said he was aware of only one. Inspector Horstmann briefly discussed the type of mud and its origin. He mentioned Engineer Keogh has found the Moab area to be in the same seismic area as New Mexico, so the amended New Mexico Adobe Code would be appropriate to use as a guideline. Wednesday, November 5, 1980 is set for the first Council meeting in November, as Tuesday, November 4, 1980 is election day. A public hearing will be held on November 5, 1980 to adopt an amended UEC Adobe Code. The Council also discussed material pertaining to the pro- posed building permit fee changes. Inspector Horstmann explained to the Council Moab City's building permit fees were considerably lower than other Cities in the State. Councilman Tomsic is opposed to the increase; she stated that it places an even bigger financial burden on home owners. She went on to say she does not like all the paper work involved in the new shcedule when applying for a building permit. Administrator McClure said that if the fees are not, increased, all taxpayers will end up pay- ing the rising coats of inspections. A lengthy discussion followed, Councilman Brewer made a motion and Councilman Kelling seconded, to accept the proposed changes; but with- drew his motion upon recommendation from Councilman Tomsic to have the City Attorney Coffman draw up an ordinance amending the present ordinance for consideration at the next meeting. Seconded by Councilman White. A roll -call vote was taken with Councilmen White, Kelling and Brewer voting aye and Councilman Tomsic voting nay. The motion was approved by majority vote. Engineer Keogh mentioned he has had several calls regarding flood insurance and having the elevation of a certain pro- perty shot. Councilman Kelling asked what steps a citizen buying insurance takes to obtain flood insurance. This is something she has run into in her own business. Engineer Keogh is the first place to start; he has the necessary maps and information. Engineer.Keogh read alound a section from Resolution #8-77, dated December 1977, pertaining to the rights -of -way in the original 25 block area of the City. He asked if the Mayor had any success in setting up a committee to study the problem, as discussed in a previous meeting. No action has been taken as yet. Attorney Coffman mentioned a law suit in which the City was anmed defendant in District Court involving Southern Paving Company, the Grand County Commission -and Sherl Norton. The Attorney representing the insurance company asked the City to send all information, contracts and specifications for his examination. AttorneyICoffman also mentioned a new suit filed against the City involving a faulty inspection with the swimming pool at the Sunset Motel. Administrator McClure mentioned the bid opening for the con- struction of the 1 million gallon water storage tank will be October 21, 1980 at 2:00 P.M. in the Council Chambers. The sealed bids will be opened at this time. In order to attain a copy of the specifications for construction, contractors will have to submit a check for $25.00 to Nielsen, Maxwell & Wangs- gard. If a contractor's bid is not accepted, and if the bid proposal or specifications are returned in good condition, their check will be refunded. Administrator McClure called the Council's attention to the Police Department's report,of activities for the month of September. The format of -this report is different, from in the past. Administrator McClure also called attention to the third paragraph regarding the curfew ordinance. He said hs is in the process of modifying the curfew ordinance and should have some recommendations for the next meeting. Ad- ministrator McClure said Sergeant West has gone through the 1966 Policies and another policy manual he and another officer had complied, and have prepared a draft for the Committee to examine, made up of Councilman Peterson, Administrator McClure and Attorney Coffman. He said the work Sergeant West has done will cut down the work for the committee considerabl 115 Councilman Kelling commented on a phone call she received regarding a group called "concerned people". They urged all or ay of the Council to attend or advise them at thei next meeting on Monday, October 77, 1980 at 4:00 P.M. in the Teachers room at the Middle School, Councilman Brewer raised several questions concerning the animal survey mentioned in the Police Department's report. The report stated the survey would'begin Monday, October 6, 1980 and that citations will be issued -to dog owners whose dogs are not licensed. Councilman Brewer feels the pet owners should be'issued a warning and not be give a citation. After a lengthy discussion, the Council a- greed to go ahead with the survey, but instead of issui citations, they will be given a copy of the fee schedule and directions as to where and how much a license is. Members of the Council had many comments about the very difficult job the animal control officer has and the fine job hecis-doing:,.__Administrator McClure mentioned Curtis Fleming, Animal Officer, has had two of the three shots of the rabies vaccine. The County Animal Control Office also has had the vaccine. Councilman Tomsic announced a possible luncheon that Ser- geant West suggested, with Mr. Daivd Bradford of the Poli Officer Special Training (P.O.S.T.) in Salt Lake City. He wants to meet with the Council and acquaint them with the many training programs available for the Police Depart ment. Administrator McClure said he was impressed with Sergeants West's enthusiasm. Councilman Tomsic asked Inspector Horstmann to explain t term "Responsible Managing Employee". Councilman Tomsic said she feels that that was a round -about way of lettin contractos operate without a contractors license. In- spector Horstmann said he is working on it; - presently is issuing applications for state contractor's licenses. Councilman White said he received a very complimentary p one call from someone involved with the'Eoncerned people group", complimenting Sergeant West, Assistant Chief Brownelle and Officer Haycock. Councilman White made a motion to pay the bills as pre- sented with the exception of two, line item #22 and #23, which are for meals for the Building Inspector in the Co and therefore the County should pay for them. Council- man Brewer seconed, approved unaimously. Attorney Coffman suggested the City make arrangements wtih Attorney Harry Snow to defend indigents. Adminis- trator McClure said monies were not budgeted for this ex- pense this year; it is something to keep in mind for con sideration at Budget time next year. Mayor Jacobs told the Council of a request from Building Inspector Horstmann to attend an Association of Plumbing Officials Seminar in St. George, November 5, 1980. Cou cilman Tomsic suggested waiting a while and taking a closer look at the agenda nearer to -the time of the sem- inar. No action was taken. Councilman Tomsic made the motion to adjourn the meeting at 9:52 P.M., seconded by Councilman Kelling, approved unanimously. ATTEST: APP Clure, Recorder Mayor Group of Concerned People, invited Coun- cil to attend their meeting. Animal Survey. Luncheon with POST e representative. "Responsible Manag- ing Employee." Compliments from Con- cerned people group to West, Haycock & Brown- ell of the P. D. Bills approved, with two exceptions. ty, Attorney suggest Atty. Snow to defend indigents Request from B. I. Hdr- stmann to attend Plumb- ing Seminar. Adjournment. CITY COUNCIL October 21, 1980 116 Regular Meeting and Attendance. Minutes Approved. 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 8:06 P.M. Present were Council- men Kelling, Brewer, peteraon and White, Councilman Tom sic was absent due to illness. Also present were Attorney Coffman, Administrator McClure Engineer Keogh, Building Inspector Horstmann, Secretary Johnson, the media and nine citizens. Councilman White made the motion the minutes of the October 7, 1980 meeting be approved as read, seconded by Councilman Brewer, approved unanimously. Results of Bid opening Administrator McClure told the Council of the results of the for new Water tank. bid opening conducted earlier that afternoon, for a one mil- lion gallon water storage tank. Five bids were submitted, of which, two were die -qualified because they did not meet with the steel requirements as specified in the bid speci- fications. The low qualifiying bid was entered by Pitts- burg DesMoines Steel Company for $215,500.00. Mayor Jacobs said he would feel better if we could have'a statement or letter from Nielsen, Maxwell and Wangsgard to back up the decision to dis-qualify the two bidders before making a final decision. Councilman Brewer made the motion to ac- cept the lowest qualified bid pending a review of the dis- qualified bids, seconded by Councilman Kelling, approved unanimously. Public Hearings - Offic of Professional Person Twin Homes as a condi- tional use. Public Hearing - text change - Mrs. Nunn for twin -homes 411 & 413 Loveridge Drive. A public hearing was held to amend Section 27-3-28 of the Moab City Code Zoning Ordinance, Office of Professional Persons, the amendment would delete office of a Profession- al Person as a permitted use in an R-2, R-3 and R-4 Resident- ial Zone and changes it to read, "The Governing Body may approve.. am office for -a professional person as a conditional use in an R-2, R-3 and R-4 Residential Zone." Another text change was an ordinance to provide twin -home use and owner- ship. Section 27-2-2 "A_twin-home shall be a two family attached or semi -attached dwelling, subdivided_into two seperately owned parcels of land underlying said twin -home, but with the requirement that each dwelling, unit in said home share:a common boundary pursuant to a party wall agree- ment." A twin -home is similar to a duplex, but with more stringent standards for the dividing wall. - A point made was the twin -home concept would allow younger buyers to purchase homes; and the pride of ownerhsip. If owned the homes might be better taken care of. There was some,dis- cussion as to adopting a set of guidelines for twin -homes, Building Inspector Horstmann said that the Building Code does have provisions for twin -homes. Councilman Peterson made the motion to accept the amendments to Section 27-2-2 #17, (C), two family dwellings, twin -homes as a conditional use, with the stipulation that twin -homes meet the established building codes, seconded by Councilman White,.approved un- animously. Councilman Peterson also made the motion to accept the proposed amendment, Article IV of Section 27-3-28, deleting 'Office of a Professional Person" as a permitted use in an R-2, R-3 and R-4 Residential Zone, and by adding "The Governing Body may approve an office -for a professional person as a conditional_use in an R-2, R-3 and R-4 Residential Zone. Seconded by Councilman Brewer, approved unanimously. Mrs. Norma Nunn was 'granted final approval for a conditional use request concerning the use and ownership of a twin -home at the location of 411 and 413 Loveridge Drive, located in an R-2 Residential Zone. The Council decided twin -home us- age would be subject to the following conditions: 1. Submit an engineering survey showing subdivision lot and location of party wall and showing location of building. 2. A copy of the proposed party wall agreement and any restrictive covenants. 3. Evidence of compliance with UBC requirements. Attorney Coffman commented that these conditions are for ad- ministrative satisfaction; and a guideline for the future. Councilman Peterson moved to grant Mrs. Nunn a conditional use for a twin -home at 411 and 413 Loveridge Drive considering the conditions which have been mentioned, seconded by Councilman Kelling, approved unanimously. i17 Mr. Dennis E. Byrd appeared before the Council regarding the acceptance of the streets in the Palisades Subdivisi He requested a letter from the City stating ownership an maintenance of the streets after the improvements are co pleted. Said letter is needed in order to obtain pre - construction loans. A sewage lift station will also be required. Councilman Peterson made the motion the Coun it instruct Administrator McClure to send the letter drafte.i by the Attorney to H.U.D. and also F.H.A.; and sign the agreement with Mr. & Mrs. Byrd. Councilman White secon. ed, approved unanimously. Upon a motion from Councilman Kelling, the Council grant Mr. Frank Hobbs developer of Hobbs Subdivision an exten- sion for putting in off -site improvements to May 13, 198 which is 30 days prior to the renewal date of his bond (6/13/80 to 6/13/81). Seconded by Councilman Brewer, approved unanimously. Engineer Keogh suggested the City consider requiring the street improvements be installed in a subdivision before a building permit is issued, or don't issue an occupancy permit until all of the improvements are in; that would alleviate the problem with Palisades Subdivision. A di cussion followed, discussing the possibility of working with the power company or even using the water hook-ups as a means of controlling the problem. Councilman Brew suggested this topic be looked into after more back-grou work can be done. Attorney Coffman informed the Council that two easement agreements pertaining to the Robin Nest Subdivision have been prepared, one is signed and ready to be recorded. r Administrator McClure mentioned a proposed change to the curfew law. Under the present system, juveniles ages 17 and under shall be off the streets, alleys, public places or vacant lots by eleven o'clock (11:00) P.M., Monday through Thursday. The curfew on Friday and Satu day is one o'clock _(1:00) A.M. Administrator McClure suggests that curfew for Friday and Saturday be changed to midnight. Administrator McClure went on to say unde the new proposal the curfew for those 15 and under would be eleven (11:00) P.M. each day of the week. Juveniles with late jobs must obtain a permit from the Chief of Po lice and such permit shall be kept on the person and sha 1 be unlawful for said juvenile to be on the streets, alle or public plates within the curfew hours without this permit. Councilman Peterson made the motion to adverti this proposed amendment for public hearing for the next meeting, seconded by Councilman Brewer, a.. roved unanimo s Letters sent to H.U.D. & F.H.A. re: Palisades Subdivision. Frank Hobbs extension for improvements. Discussion as to re- quiring improvements installed before Building Permits are issued. Robin Nest Subdivision Curfew discussed Administrator McClure mentioned being contacted by John R. Fogg with Central Utah Insurance concerning the City' liability insurance. Mr. Fogg had several proposals fo increasing the City's liability insurance. Presently the City carries $100,000 for a single suit and $300,000 for a group filing. Mr. Fogg proposed that be increase to $500,00 for a single suit and $500,000 for a group, o a $500,000 for a single suit and a million dollar umbrel for a group filing. This, of course, will increase the City's premium. No action was taken by the Council unt further investigation can be made. A list of Chief of Police applicants was included in the Council's packets. At present the City has recieved 24 applications for the position; the deadline is Octobe 22, 1980. Administrator McClure informed the Council he has withdrawn himself from the elimination process of hiring applicants. Administrator McClure has contacted Mr. Ken Curtis of -the Job Service Office to do the back- ground work, after that Mr. Curtis will submit a list fo the Council, who will conduct the interviews and make the ultimate decision. City's liability insur- ance. Chief of Police Appli- cants. Administrator McClure called the Council's attention to a list of recommendations submitted by one of the police Recommendations for consideration. 118 who made application for Chief of Police. These are being submitted as suggestions for improvements for the Council to look over and consider. Animal Control Survey. Compliments & letters of commendation. Police Officer inter- viewed. Bar checks for juvenile Williams Trailer Court - private drive way. Tusher Street drainage channel. City purchased used water tank. Arroyo Road. Bills approved. Adjournment. Regular Meeting/Attend- ance. Introduction & author- ization of the hiring of two new police of- ficers. Councilman Brewer inquired as to how the animal survey was progressing. Administrator McClure informed Councilman Brewer that it has net been started. Administrator McClure praised Assistant Chief Brownell and Sergeant West for their suggestions and effort in maintain- ing operation of the Police Department during the absence of a Chief. Also, Councilman White complimented them•on their "positive attitudes and hard work", he then so moved a letter of commendation be written for both and and placed in thier personnel files. Councilman Brewer seconded, ap- proved unanimously. Administrator McClure informed the Council they were in the interviewing process for Police Officer, Sergeant West and himself interviewed an applicant today that looked promising. .Councilman Brewer asked if the officers are conducting bar checks. Administrator McClure told Councilman Brewer yes, just recently a juvenile was picked up in one of the rest- aurants. Councilman Peterson asked if any action was taken against the bar owner. Administrator McClure said no, not in this case. Mayor Jacobs informed the Council the drive -way on the pro- perty on,Second-North (Williams Trailer Court) was private property and should be maintained by the property owner. Mayor Jacobs also told the Council the crews are working on a drainage channel on Tusher Street. They installed a three foot cement ditch to channel the drainage water. The Mayor mentioned a 600 gallon used water tank the City purchased from Surplus Property in Salt Lake. It will act as an additional water supply for flushing the sewer system. Mayor Jacobs said he was making some long-range arrangements to purchase property in order to continue Arroyo Road from Fifth West to First West. Even after the property is ac- quired there will still be a lot to do. Councilman White made the motion to pay the bills in the amount of $9,767.16, seconded by Councilman Kelling, approved unanimously. Councilman Peterson made the motion the meeting be adjourned at 10:02 P.M., seconded by Councilman White, approved unani- mously. ATTEST: ,0000/ AggrAr Rip - com er CITY COUNCIL November 5, 1980 APPROVED: a, Mayor A regular_ meeting of the Moab City Council was held on the above date in the Council Chambers. Councilman Tomsic as Mayor Protem called the meeting to order at 7:59 P.M. Pre- sent were Councilmen Brewer, Kelling and White. Mayor Jacobs and Councilman Peterson were out of town. Also pre- sent were Attorney Coffman, Administrator McClure, Engineer Keogh, Building Inspector Horatmann, Officer Warren Rahn, Sec- retary Johnson, the Media and five citizens. Administrator McClure introduced the City's newest police officer, Mr. Warren Rahn. Administrator McClure gave a brief history of Mr. Rahn's experience and education. The Council joined in welcoming Mr. Rahn to Moab. Administrator Mc- Police Officer Clure just briefly informed the Council of the qualifica- Cont'd tions and experience of another new police officer to be employed with the City, soon. This will bring the Polic- Department up to full staff with the exception of a Chief. Councilman White made the motion to accept the employment of Mr. Warren Rahn as a police officer for Moab City with a monthly salary of $1,125.00. Seconded by Councilman Brewer. Approved unanimously. Councilman White also ma de the motion to accept the employment of another newly hired police officer, Mr. Ramond Clark Messick at 'a salar of $1,125.00 per month, seconded by Councilman Kelling, approved unanimously. Upon a motion from Councilman Kelling the minutes of the Minutes Approved. October 21, 1980 meeting were approved as presented, sec- onded by Councilman Brewer, approved unanimously. A public hearing was held to amend the Uniform Building Code, Section 2405, Unburned Clay Masonry. The Council Unburned Clay Masonry. was quite extensively familiarized to the Adobe Code a few meetings back. Councilman Tomsic asked for any com- ments or questions from anyone in the audience. Mr. Ray Taylor, a contractor who has done some work with the adob=, was in the audience and had several commenrs in favor of the adobe building. At the present time, there isn't an 00 00 adobe building going on in the City, but there is one house in the County being built from adobe. This new co has two major changes and a few small ones. First, it (t] legalizes the long time use of unstabilized (natural) ado -s WQ made from raw earth and water. The second major change from the old code is that adequately stabilized adobe wal s are no longer required to have a protective coating such s the expensive cement stucco. Thus, when the wall is con structed with "waterproof" adobes and mortar, one obtains a relatively maintenance free exterior which does not nee paint or stucco coverings. Some of the other changes in clude soil useage instead of mortar, which is less expen- sive, sample testing on manufactured adobes chnges from every 5,000 to every 25,000 produced. Adobes may over- hang the supporting stem wall by two inches (2") to allow for insulation to be applied on the interior of the stem wall up to its top. And exterior of natural (raw) adobe protective coatings other than stucco are permitted. Th=se are just a few of the minor changes. Councilman Brewer asked Building Inspector Horstmann if the City had the ne essary equipment needed to perform the required tests on the adobes. Inspector Horstmann infomred Councilman Bre er he has access to the press at the City shop; but the C will have to purchase some scales to weigh the adobes. Councilman Kelling made the motion to accept the ordinanc amending a porttion of Ordinance #9-77, Chapter 5, Sectio 1, Uniform Building Code #2405; including the Adobe Code amendment as presented on November 5, 1980, Ordinance #10 80. Seconded by Councilman White, approved unanimously by roll -call vote. (Ordinance #10-80 as follows:) CITY OF MOAB ORDINANCE NO. 8-80 IL Ordinance #10-80 Adobe/ y Oops, Ordinance #10-80 on page 126, typed Or- dinance #8-80 in error. AN ORDINANCE SUPERSEDING THAT PORTION OF ORDINANCE NO 9-77 AMENDING CHAPTER 5, SECTION 3: BUILIDNGS, SUPERSEDING ORDINANCE NO. 10-77 AMENDING CHAPTER 7, SECTION 2: ELEC TRICITY AND SUPERSEDING ORDINANCE NO. 11-77 AMENDING CHAPTER 19, SECTION 2: PLUMBING, MOAB CITY CODE, 1965. BE IR ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT SECTIONS 5-3, 7-2 and 19-2 of the Ordinances of Moab City, 1965, are herby repealed and superseded by the follo ing: Section 5-3. Same --Permit Fees. The building permit fees applicable in the City for use under the Building Code adopted by this Chapter shall be as follows: 120 1. APARTMENT HOUSES Fee: Type V Masonry & Wood Frame of Finished Floor Area - $.065/aq. ft. 2. BANKS Fee $.08/Sq. Ft. Valuation: Avg. Cost/Sq. Ft. - $35.00 3. BASEMENTS Garage - $.02/Sq. Ft. Finished - $.O1/Sq. Ft., Unfinished $.005/Sq. Ft. Valuation: Avg. Cost/Sq. Ft. - $4.50 4. CARPORTS Fee: $10.00 Minimum Over 250 Sq. Ft. - $.02/Sq. Ft. Valuation: Avg. Cost/Sq. Ft. - $5.00 5. CHURCHES Fee: $.07/Sq. Ft. Valuation: Cost/Sq. Ft. - $26.00 6. DECKS Fee: $10.00 Minimum Valuation: Cost/Sq. Ft. - $5.00 7. DWELLINGS = One Family Fee: Type V Masonry & Wood Frame of Finished Floor Area $.065/Sq. Ft. Valuation: Avg. Cost Sq./Ft. - $19.00 8. EXCAVATION No. Fee: If less than 24" or less than 50 cubic yards. Fee: $10.00 Minimum for more than 24" or 51 to 100 cubic yards. 101 to 1,000 cu. yds. - $15.00 1001 to 10,000 cu. yds. - $20.00 10,001 to 100,000 cu. yds. - $35.00 100,001 to 200,000 cu. yds. - $45.00 Over 200,00 cu. yds. - $75.00 9. FIREPLACES - Built -In & Free -Standing Fee: $10.00 Minimum for built-ins, $5.00 each for free- standing. Each additional - $7.00 (built-in) 10. GARAGES - Attached & Unattached Fee: $10.00 Minimum Over 250 Sq. Ft. - $.04/Sq. Ft. 11. HOSPITALS - Standard & Convalescent Fee: $.085/Sq. Ft. Valuation: Cost/Sq. Ft. - $35.00 12. HOTELS & MOTELS Fee: $.065/Sq. Ft. Valuation: Cost/Sq. Ft. - $30.00 13. INDUSTRIAL PLANTS Fee: $.05/Sq. Ft. Valuation: Cost/Sq. Ft. - $15.00 14. MECHANICAL Fee: $10.00 Minimum UNIT Furnace up to 100,000 BTU Furnace over 100,000 BTU FEE $4.00 $5,00 Suspended Heater $4.00 Wall Heater $4.00 Floor -Mounted Heater $4.00 Vent $2.00 Cooling, Absorption (Refrigerant) $4.00 Boiler or Compressor up to 3 HP $4.00 3 to 14 HP $7.50 15 to 29 HP $10.00 30 to 49 HP $15.00 50 HP and Up $25.00 Air Handling Unit $3.00 Air Unit Over 10,000 c.f. $5.00 Evaporative Cooler $3.00 Vent Fan $2.00 Vent System $3.00 Hood Exhaust $3.00 Incinerator $5.00 Commercial Incinerator $20.00 Others Not Listed $3.00 15. MOBILE HOMES Fee: $12.00 Includes Foundation, electrical, sewer & water 16. OFFICES - General & Medical CirJ Fee: $.07/Aq. Ft. Valuation: Cost/Sq. Ft. - $28.00 Lz] L1.7 a. Medical Fee: $.07/Sq. Ft. Valuation: Cost/Sq. Ft. - $30.00 17. ONE -CALL INSPECTIONS - Commercial Property Fee: $10.00 Minimum Each Call Back, if Rejected - $7,50 For remodeling, alteration, installation or existing installation. 18. PATIOS Fee: $10.00 Minimum Over 250 Sq. Ft. - $.02/Sq. Ft. Valuation: Cost/Sq. Ft. - $5.00 19. PLAN CHECK FEES VALUATION FEE $100 to $500 $2.50 $501 to 1,000 $5.00 $1001 to $10,000 $15.00 $10,001 to $100,000 $25.00 $10,001 & over $100.00 Modular Homes & Factory MFG Homes $15.00 20. REMODELING a. Additions Fee: $10.00 Minimum b. Carport or Patio Enclosure Fee: $.05/Sq. Ft. Valuation: Cost.Sq. Ft. - $19.00 c. Foundation, Roof & Walls Fee: $.065/Sq. Ft. Valuation: Cost.Sq. Ft. - $19.00 d. Basement, Finished/Unfinished Fee: $.04/Sq. Ft. Valuation: Cost/ Sq. Ft. - $7.00 21. RESTAURANTS Fee: $.075/Sq. Ft. Valuation: Cost/Sq. Ft. - $30.00 121 122 22. ROOF REPLACEMENT Fee: $10.00 Minimum Plus $.02/Sq. Ft. over 500.Sq. Ft. Valuation: Cost/Sq. Ft. - $1.50. Includes trusses for drainage on flat roof. 23. SIGNS VALUATION Up to $1000 Each additional $1,000 or fraction thereof In addition: Electrical sign permit $10.00 $ 5.00 $10.00 24. SPRINKLER SYSTEMS - Fire & Lawn Fee: $10.00 Minimum 25. WOOD BURNING STOVES Fee: $5.00 Each Section 7-2. Same --Permit Fees. The electrical permit fees applicable in the City for use under the Electrical Code adopted by this Chapter shall be as follows: ELECTRICAL FEES a. One & Two -Family Dwellings Fee: $10.00 Minimum Based on approved plan + $.01/Sq. Ft. b. Multiple Residential Occupancies Fee: First 1 to 10 apartments - $7.00 each Ten and over apartments - $4.00 each (The number of apartments in one building will be determined by the number of meters under service) c. Remodeling Existing Residential Occupancies or House Moved to New Location Fee: $10.00 - $.01/Sq. Ft. d. Electrical Service Change on Single Family and Duplex e. Commercial For other than residential occupancies, new work, al- terations, or repairs of 600 volts capacity or less or service entrance equipment, fees shall be computed in accordance with the following table: 0 to 100 amp capacity service - $10.00 For each additional 100 amp or fraction thereof $2.50 f. Sub -panels (for each operating handle) 0 to 30 amp 31 to 60 amp 61 to 100 amp for each additional 100 amp $ 0.50 each $ 1.50 each $ 2.00 each $ 1.00 each g. Power Transformer & General Installation - Primary Secondary Less than 50 volts - No Charge 51 to 600 volts - $10.00 per transformer Over 600 volts - $25.00 h. Temporary Services Fee: $10.00 Minimum Section 19-2. Same --Permit Fees. The plumbing permit fees applicable in the City under the Plumbing Code adopted by this Chapter shall be as follows: PLUMBING FEES 123 Fee: $10.00 Up to 3 fixtures or outlets $ 2.00 Each additional fixture or outlet No Charge if cost does not exceed $50.00 THAT the City Council finds and declares that it is nec- essary for the immediate preservation of the peace, heal and safety of this City that this Ordinance take effect on January 1,'1981. PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 5th day of November 1980. APPROVED: /s/ Marjorie R. Tomsic, ATTEST: Mayor Protem /s/ Ralph McClure, Recorder The seond public heating held was to adopt Ordinance_()9-8 an amendment to Section 17, Chapter 6 of the Moab City C Curfew. Administrator McClure mentioned a letter rec- eived from Mr. & Mrs. Thomas Nielsen, who were opposed to 00 G the new curfew ordinance, stating that punishment or the restrictions were for only a few. A gentlemen in the audience; Mr. Jim Walker, expressed his opposition to the Liz new ordinance. Administrator McClure said he talked to W the men on the police force and they were in favor of th new ordinance. They have agreed that they will have to use discretion when applying the new law, making allow- ances for school and civic functions that may run past the curfew hour. Councilman Brewer made the motion to accept the amendment to the Moab City Code, Chapter 17, Section 6, Curfew as presented in Ordinance #9-80. Sec- onded by Councilman Kelling, a..roved unanimousl b roll call vote. (Ordinance #9-80 as follows:) CITY OF MOAB ORDINANCE NO. 9-80 AN AMENDMENT TO SECTION 17, CHAPTER 6. CURFEW. Section 17-6 Curfew Persons under seventeen ears of age; exceptions. is hereby amended to read as folio =. No persons sixteen (16) or seventeen (17) years of age 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 eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. following, Friday and Satur- day and no person fifteen.(15) 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 eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. Sunday through Saturday. No minor person covered by this section shall be, or remain in, or upon, any of the streets, alleys or public places or vacant lots within the City at,night unless such person is accompanied by a parent, guardian or other person hav- ing legal custody of such minor person, or unless the employment or lawful business of such minor person 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 Po- lice. Where a permit is required from the Chief of Po- lice under this section, such permit shall be kept upon the person and it shall be unlawful to be upon the street., alleys or public places within such curfew hours without such permit. , Ordinance #9-80, e,Curfew. PASSED by the unanimous vote of all members of the City Council of the City of Moab, Utah, this 5th day of November, 1980. APPROVED: ATTEST: /s/ Marjorie R. Tomsic, /s/ Ralph Y. McClure, Recorder Mayor Protem I24 Juveniles on motel owners property. C. L. Felkins & Joanne Harrison vacating ease- ment for financing. Engineer Keogh Spanish Valley easement. Meeting with State En- gineers. Water Sources Attorney Coffman in- forms of three law suits. Revenue Sharing Funds ' shorted. A local motel owner was present and had several questions about reporting juveniles breaking the curfew law and possessing alcoholic beverages. Attorney Coffman told the gentleman that he could report the juveniles to the police, they were trespassing. Mr. C. L. Felkins appeared before the Council with two quick claim deeds asking the City to vacate an easement in Spanish Valley. .Mr. Felkins owns seven acres on East Bench Road, in which he built a new home and now is un- able to get long term financing because of the blanket easement. Attorney Coffman informed the Council when the City purchased the Sommerville Ranch fifteen or twenty years ago they bought it -for the water rights and then developed the springs at which time they reserved with-, out boundary or description 1000 acres for the water lines. A11 of the said water lines have been installed therefore, this blanket easement is not longer necessary. Although the City will still need an easement of twenty feet for the maintenance of the lines. Councilman Kelling made the motion to authorized Mayor Jacobs and Recorder McClure to execute the two quick claim deeds presented by Mr. & Mrs. C. L. Felkins and Mrs. Joanne Harrison on their two parcels of property, quick claim- ing any interest the City might have in these two spe- cific parcels as described in this quick claim deed. Seconded by Councilman Brewer, approved unanimously. Engineer Keogh spoke briefly of the above easement in Spanish Valley, George White has sold most of the orig- inal ranch and it is a problem that keeps re-occuring. Engineer Keogh also mentioned a proposal for an in- crease in his fees. His last increase was in 1977. The Council briefly discussed this proposal and its effect on the budget. Administrator McClure told the Council it will definitely have an effect on the budget and that he will have to look into the figures. Coun- cilman White made the motion to table Engineer Keogh's request for fee increases until the Council can study the effect this increase will have on the budget; to be taken up no later than two weeks from now. Second- ed by Councilman Kelling, approved unanimously. Engineer Keogh also informed the Council of a meeting he and Administrator McClure attended that morning with the State Engineer. The state has all of the City's applications in order for water rights. This simply means the City is entitled to 10 second/feet of water but uses only 81 second/feet at the present time. In order to maintain the City's water rights, the City should uevelop sources to the 10 second/feet limit. Some options for attaining said water rights were dis- cussed. Attorney Coffman updated the Council on three law suits, Miss Norton in which case the City's insurance acted as defense. The efforts of Attorney Snow in the Thompson/ Oliver Condemnation Suit has led to the City to obtain- ing the easement without any cost to the City. Third, the City has a new EEOG, Equal Employment Opportunity Commission complaint filed against them by a former em- ployee. Attorney Coffman will keep the Council advised on the progress of the third item. Administrator McClure informed the Council the City has been shorted approximately $11,850.00 in the most recent allocation of revenue sharing funds, the expected figure was $29,000:00. Administrator McClure said there are two"factors; Salt Lake County underestimated their tax collections about seven million dollars. As revenue sharing funds are divided according to_tax receipts and population,,,Salt Lake County was allocated a larger amount, while the shares to other Utah Counties was reduced. The second factor, the population of Moab City was under- estimated resulting in further loss. Administrator Mc- Clure said it will have an effect on the City's funds, but it is used for capital improvement projects, rather than regular budget expenses. Attorney Coffman stated that the City has set aside $223,000.00 in revenue sharing funds_for the construction of a new municipal swimming pool. The reduction of revenue sharing may adversely affect that project. Administrator McClure urged the Council and citizens to write or call their Congressman and Sen- ators asking that the revenue sharing program be continu Revenue Shari12 ng funds shorted. Cont'd. d. OD CD r- U Lz7 Ls7 The Council also discussed a letter included in the Coun cil's packets from the Police Department in an effort to reduce the sale of liquor to minors. Administrator McClure stated that the liquor laws will be strictly en- forced. This letter will be distributed to retail mer- chants selling the alcohol and also local taverns. Whe an officer finds a violation they will'ask the Council to suspend the businesses beer license. For the first offense, thirty -days and any subsequent violation can result in a long term suspension of their privilege to sell beer, suspension ranging from six months to a year. Also the person dding selling, the cashier, is responsi- ble and can be prosecuted. Administrator McClure presented the results of a bid op- ening for two police cars, bids were received from Mahon ey Chevrolet -Pontiac for $8,269.00 for a 1981 Malibu Se- dan and Peterson Ford for $8,411.00 for a 1981 LTD. Bo bids included a "police package" with high performance engines, heavy-duty suspensions and additional equipment Administrator McClure said that the bids were not truly competitive, as they were for different size cars. Upo a motion from Councilman White the Council authorized the City Administrator to purchase one each Ford LTD Po- lice package from Peterson Ford for the price of $8,411. and on Chevrolet Malibu, Police Package from Mahoney Che rolet in the maount of $8,269.00. Seconded by Council Brewer. Councilman Tomsic asked if the bids were split would the price still be applicable. It was determined that if it had been a specific price for the two cars as a package, it would of been stated in the bid. The mot was approved unanimously. The Council also discussed a list of customers with ir- regular amounts and exemptions in their garbage pick-up billings. Aministrator McClure wanted, the Council to be aware of the differences and asked for any input or explanation. The commercial rate is $10.00 per month, the residential rate is $8.25 per month. Some customer on the list only pay half the amount some only pay 50C a month. This list includes churches, residents and co mercial vendors. The City has an ordinance that states everyone living in the City must have their garbage pick up by the City's specified collector. Administrator McClure went on to say he had many questions and wanted the Council to know of the problem. Administrator Mc- Clure went on to say, any kind of special consideration made by Mr. Hawks has to be done with authorization from the City. No action was taken in the matter. Administrator McClure told the Council our insurance car rier prepared some information for the Council to look over, according to Mr. Fogg -with Central Utah Insurance the City's liability insurance is inadequate. Adminis- trator McClure has asked Councilman Kelling to review the information as she was better acquainted' with insurance coverage. Administrator McClure asked Attorney Coffman if the Ani- mal Control contract for the kennel operator had been drawn up as discussed previously. Attorney Coffman tol the Council he is preparing several contracts, one of whi is for the kennel operator. The bid contract was awarded to Pittsburg-DesMoines Stee Company for the construction of the new 1 million gallon water storage tank. Pittsburg-DesMoines was the third lowest bidder, the two lower bide were dis-qualified be- cause they did not meet the steel requirements. We are presently waiting to have documents signed and finalized Councilman White inquired as to the letter from Building Inspector/Zoning Administrator Horstmann naming several zoning violations in the City. He asked if any of thes violations were going to be prosecuted, or what was the Police Department cracking down on al- cohol sold to minors. Two bids accepted for Police Cars. h 0 n on d Discrepancies in gar- bage billings. City liability insurance. Contract to be drawn up for kennel opera- tor. h Bid Contract for Wat- er Storage Tank award -ed to Pittsburg-Des- Moines.Steel. Letter of Zoning vio- lations discussed. violations 1 oning Cont:d. status. Inspector Horstmann told Councilman White this list is to inform the Council of violators that he is working on. Flood Insurance - Hecla Subdivision. Eagle Scout Project approved. Councilman Brewer inquired about flood insurance for Hecla Subdivision. Mr. & Mrs. Jim Walker were in the audience and had several questions regarding the flood zone in the area of Hecla Subdivision. They were informed that Hecla Subdivision was in the County and that they did not think the County adopted a Flood Plain Ordinance. Councilman Kelling informed Mrs. Walker the maximum coverage is thirty- five thousand dollars at a rate of about $88.00 per year. The Walkers were also under the impression that they could not buy flood insurance unless the County had a flood in- surance policy. Attorney Coffman told Mrs. Walker that was not ture. Mr. Jim Walker appeared before the Council asking for a signature for approval from the City for a project of an Eagle Scout. His project is a City beautification pro- ject, he plans to remove about 25 dead Ash Trees, some of them have new starts which will be pruned. Councilman Tomsic informed Mr. Walker that the City has a Shade Tree Committee Chairman and any projects of this nature would have to go through him. His name is Mr. George Anderson. Administrator McClure can sign the document giving author- ization but he will have to get the okay from Mr. Anderson. Councilman Brewer made the motion the Council accept the Scout Project, without cost to the City, under the super- vision of the Shade Tree Commission. Seconded by Council- man Kelling,-approved unanimously. Upon a motion from Councilman Kelling the Council adopted Ordinance #8-80, Superseding portion of Ordinance #9-77, amending Chapter 5, Section 3: Buildings, Superseding Ordinance #10-77 amending Chapter 7, Section 2: Plumbing, Moab City Code, 1965. Councilman Brewer seconded, a roll - call vote was taken with Councilman Kelling, Brewer and White voting aye, Councilman Tomsic voting nay. The mo- tion was approved by majority vote. The public hearing was held on October 7, 1980, at that time Attorney Coff- man was instructed to draft an ordinance with the revisions which in turn he asked Christine to do. (Ordinance #8-80 Ordinance #8-80 was typ=d as follows:) in error on page 119, therefore Ordinance #10 CITY OF MOAB 80 will follow ORDINANCE #10-80 AN ORDINANCE AMENDING A PORTION OF ORDINANCE NO. 9-77, CHAPTER 5, SECTION 1, BUILDINGS, MOAB CITY CODE 1965. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT Section 5-1 of the Ordinances of Moab City, 1965, is hereby amended to read as follows: Section 5-1. Building Code --Adopted. That certain codes establishing rules and regulations 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," 1976 Edition, printed as a code in book form, adopted by the International Conference of Building Officials is hereby adopted as the building code of the City, and by this ref- erence is made a part of this chapter to the same extent of the'Uniform Building Code," 1976 Edition, relating.to fees and wth respect to fees Section 5-3 is confirmed and approved. Section 2405: Unburned Clay Masonry shall be amended and read as follows: (a) General. Masonry of unburned clay units shall not be used in any building more than two (2) stories in height. The height of every laterally unsupported wall of unburned clgy units shall be not more than ten (10) times the thickness of such walls. Exterior walls, which are laterally supported with those supports located no more than twenty-four feet (24') apart, are allowed a minimum thickness of ten inches (10") for single story and a minimum thickness of fourteen Inches (14") for the bottom story of a two (2) story wit the upper story allowed a minimum thickness of ten inche (10"). Interior bearing walls are allowed a minimum thickness of eight inches (d"). 127 (b) Compressive Strength. The unit (s) shall have an average compressive strength of three hundred (300) pounds per square inch when tested in accordance with ASTM C67. One sample out of five (5) may have a com- pressive strength of not less than two hundred fifty (250) pounds -per square inch. (c), Module of Rupture. The unit shall average fif y (50) pounds per square inch in modules of rupture when tested according to the following procedure: 1. A cured unit shall be laid over (cylindrical) supports two inches (2") in diameter, located two in- ches (2") from each end, and extending across the ful width of the unit. 2. A cylinder two inches (2") in diameter shall b laid midway between and parallel to the supports. 3. Load shall be applied to the cylinder at the CY1 rate of five hundred (500) pounds per minute until rupture occurs. 4. The modulus of rupture is equal to 3WL LL7 2 2Bd W W = Load of rupture. L = Distance between supports. B = Width of brick. d = Thickness of brick. (d) Soil. The soild used shall contain not less than twenty-five percent (25%) and not more than fotty- five percent (45%) of material passing a No. 200-mesh sieve. The soil shall contain sufficient clay to bind the particles together and shall not contain more than 0.2 percent (.2%) of water-soluble salts. Most clayey loams, except those with a high clay con- tent, are suitable, but it is not practicable to make a selection oti the basis of soil analysis only. Soils having a high clay content shrink or crack badly when drying, and sandy soils do no have sufficient bonding material to prevent crumbling. Neither of these soils should be used alone for brick but a very good building material can be obtained by mix ing the two (2) soils together,in proportions that will overcome the undesirable qualities of each. The best way to determine the fitness of a soil" -is to make a sam- ple brick and allow it to coure in the open, protected from moisture. It should dry without serious warping or cracking. (e) Classes of Adobe. 1. Treated Adobes. The term "treated" is define. to mean adobes made of soil to which certain admixtur s are added in the manufacturing process in order to limit the adobe's water absorption in order for it to comply with paragraph (h) below. Exterior walls constructed o treated adobe require no additional protection. Stucco is not required. In order for the wall to so comply, the mortar must be of Type S of adobe soil treated with an additive to mike the mortar comply with the same water absorption requirement in paragraph (h) below. 2. Untreated Adobes. Untreated adobes are adobe which do not meet the water absorption specifications of paragraph (h) below. This shall hold even if some Ovate, absorption protective agent has been added. -The deter- mination as to whether an adobe is treated or untreated is to test for compliance with paragraph (h) below. Ex terior walls of untreated adobe are allowed but must com- ply with paragraph (o) requiring Portland cement plaster 128 applied to the outside. Use of untreated adobes is pro- hibited' within four inches (4") above the finished floor grade. Treated adobes may be used for the first four inches (4") above the finished floor grade. Mortar, must be type S (or masonry mortar) adobe soil (either treated or untreated). (f) Sampling. Each of the tests prescribed in this section shall be applied to five (5) sample bricks selectedlat random from each twenty-five thousand (25,000) bricks to be used. (g) `Moisture Content. The moisture content of the unit 'shall be not more than four percent (4%) by weight. (h) Absorption. A dried four inch (4") cube cut from a sample unit shall absorb not more than two and one-half percent (21%) moisture by weight when placed upon a constantly water -saturated, porus surface for seven (7) days. (i) Shrinkage Cracks. No units shall contain more than three (3) shrinkage cracks, and no shrinkage crack shall exceed three inches (3") in length or one -eighth inch (1/8") in width. (j) Use. No adobe shall be laid inrthe wall for at least three (3) weeks after making, dependent on weather conditions. (k) Foundations. Adobes shall not be used for found- ation or basement, walls. A11 adobe .walls, except as noted under Group M Buildings, shall have a continuous concrete footing at least eight inches (8") thick and not less than two inches (2") wider on each support adobe units shall extend," to' an- elevation not less than six inches (6") above the finish grade. Foundation walls shall be at least as thick as the ex- terior wallas specified in Section 2405 (1). Where stem wall insulation is used, a variance is allowed for the stem wall width to be two inches (2") smaller than the width of the adobe wall it supports. (1) Exterior Walls., A11 walls of adobe (treated or untreated) shall not have thickness less than allowed in paragraph (a) above. Mortar shall be in accordance with paragraph (e) 1 and (e) 2 above depending on the class of adobe being used. A11 adobe brick shall be laid up with full slush (bed) joints and shall be bonded (overlapped) not less than four inches (4"). Walls of treated adobe which do not require a protective outer coating must also be laid up with full head (end) jounts. A11 exterior adobe walla shall be topped with a continuous belt course at tie beam (except patio ,walls less than six feet (6') high above stem). At the time of laying, all units shall be clean and damp at the surface. (m) Concrete Tie Beam. Shall be minimum size six inches (6") by depth of wall up to a ten inch (10") width. For walls thicker than ten inches (10"), a ten inch (10") tie beam will suffice. A11 concrete tie beams shall be reinforced with a minimum of two (2) No. 4 rein- forcing rods each floor and ceiling plate line, (n) Wood Lintels or Tie Beams. Shall be minimum six inches (69 by wall width up to a ten inch (10") width,- Forwalls thicker than ten inches (10"), a tie beam of ten inch.(10") thickness' shall -suffice.' .The_wooden tie -beam shall.be overlapped, on -spliced, at_least six inches (6") at all joints. A11 joints shall have a wall bearing of at least twelve inches (12"). Wood tie beams may be solid in the six inches (6") dimension or may be built up by applying layers of ],umber. No layer ahall-be less than one inch(1"). Wood joists, vigas or beams shall be spiked to the wood tie beam with large 'ails or large screws. A11 lintels, wood or concrete, in excess of,nine feet (9') shall have specific approval of the building official. (o) Plastering. A11 untreated adobe shall have al exterior walls plastered on the outside with Portland ce- ment plaster, minimum thickness three- fourths inch (3/4") in accordance with Chapter 47. Protective coating.other than plaster is allowed,, provided such coating is equivale to Portland Cement plasterinprotecting-untreated adobes against deterioration and/or loss of strength due to wate Metal wire mesh minimum 20 gauge by one inch (1") opening shall be securely attached to the exterior adobe wall sur- face -by nails, or staples with minimum penetration of one and one-half inches (1'"). Such mesh fasteners shall hav a minimum spacing of sixteen inches (16") from each other. A11 exposed wood surfaces in -adobe walls shall be treated with an approved wood preservation before the application of wire mesh. No adobe bricks shall be used for isolated piers, porch columns or wall section of less than twenty- eight by ten inches (28" X 10"). A minimum twelve inch (12") wall section will be permitted between openings pro- vided a continuous lintel of concrete or timber be install spanning both openings and wall section. Exception: ex terior patio, yard walls, etc., need not have Portland ce- ment coating. (p) Floors and Roofs. tMay be constructed of wood, the sizes and spans to be in accordance with Chapter 25. (q) Allowable Floor Area. Shall not exceed that specified under occupancy (Part III). Adobe construction shall be allowed the same area as given in Table No. 5-C, Type V construction., Column N. (r) Partitions of Wood. Shall be constructed as specified in Chapter 25, wood partitions shall be nailed t nailing blocks laid up in the adobe wall or bolted through the adobe wall the height of the partition, with one-half inch (I") 15 bolts at twenty-four inches (24") on center with large washers or plates. (s) Stop Work. The Building Official shall have the power to stop work whenever adobes have not been thor- oughly cured and shall give prior approval to the use of any hardeners, stabilizers or other so-called preservative THAT the City Council finds and declares that it is necess ary for the immediate preservation of the peace, health and safety of this City that this Ordinance take effect up on its passage and publication. PASSED by the unanimous vote of all members of the City Council of the City of Moab, Utah, this 5th day of Novem- ber 1980. APPROVED: /s/ Marjorie R. Tomsic, ATTEST: Mayor Protem /s/ Ralph Y. McClure, Recorder Councilman White made the motion the bills be paid as pre- sented, seconded by Councilman Brewer, a..roved unanimousl t d Before adjourning Administrator McClure wanted the Council to know about an emergency situation the City had with the new building. The newly purchased office building develo ed a leak in the ,roof. , As a result, the City had to move rapidly, so only two bids were submitted. We accepted no the lowest bid, but another one that was slightly more;bu it included an added insultation, The coat to the City w s $3,100.00. It is guaranteed for ten years. Councilman Kelling made the-motion,the meeting be adjourne at 9:56 T.M., seconded,by Councilman White, a•.roved unani mously. AP ATTEST: Ralp Clu e, Recorder s, Mayor 129 Bills approved. New Office building developed leak - had - fixed after only seek- ing bids from two bid- ders. Meeting adjourned. 13Q CITY COUNCIL November 18, 1980 Regular Meeting and attendance. Minutes approved with correction. Introduction of new Officer - Raymond Messick. Federally Subsidized hosuing program. Computer Bid Specifi- cations complete. Public hearing for amendment to Section 3-17 of MCC. Mayor Jacobs stepped out. Resolution authorizing Officer Ballard to attend POST. 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 8:05 P.M. Present were Councilmen Kell- ing, Tomsic, White, Peterson and Brewer. Also present were Attorney Coffman, Administrator McClure, Engineer Keogh, Of- ficer Raymond Messick, Secretary Johnson, members of the Media and three citizens. Upon a motion from Councilman Kelling the minutes of the November 5, 1980 meeting were approved with a minor spelling correction on page two, third pargraph, the word trespassing. Seconded by Councilman Tomsic, approved unanimously. Administrator McClure introduced and welcomed Moab City's newest police officer, Mr. Raymond Clark Messick. His employment was formally approved in the previous meeting. Administrator McClure briefly described his experience and qualifications. Appearing before the Council in behalf of Mr. Scott Hurst was Mr. Ken Young, an architect with a firm out of Omaha, Nebraska. He told the Council that Moab was one of four Utah communities to be selected for a federally subsidized housing program. The units in the project would be two and three bedroom single-family dwellings, duplexes and four bedroom houses to be rented for 25 per cent of the adjusted income with the remainder to be paid by the Department of Housing and Urban Development (HUD), under Section 8 of the Housing Act. Mr. Young said the housing could be developed in several different ways, the City could own and operate the complex or form a housing authority. Or as an alternative, a private developer could build and run the project. The project could be built at a single site or several sites scattered throughtout the City. The housing would provide temporary housing for transitory people, or until they could purchase their own home. Mr. Young said he and Mr. Hurst would be happy to conduct a public hearing if sufficient interest in the proposal was indicated. Mr. Young also said the housing project could also be used as housing for the elderly or senior citizens. His firm has designed many senior citizen complexes. The Council showed interest in the project, but Councilman Tomsic stated that the City should not compete with the private enterprise in the hous- ing market. The Council took no action on the proposal, but asked Mr. Young to get in touch with them at a later date, so his proposal can be discussed and considered. Attorney Coffman told the Council the Bid Specifications for the Computer are complete. He and Administrator McClure and others worked on it quite extensively for weeks. Ad- ministrator McClure did all of the drafting and did a great job, there was a lot of information. Attorney Coffman also commented on a couple of claims, one of which, the Norton case, the City's insurance has been relieved as carrier. Administrator McClure asked for the Council's authorization to publicize for a public hearing to amend the text of Section 3-17 of the Moab City Code as it pertains to the hours of establishments licensed to sell beer. The Code states a 2:00 A.M. closing time but is ambiguous. Administrator McClure said it should be state more clearly. Councilman Tomsk made the mot3,on to publicize for a public hearing at the next shceduled meeting, Councilman Kelling seconded, approved unanimously. Mayor Jacobs stepped out of the room, Councilman Peterson conducted the meeting as Mayor Protem. Administrator McClure asked the Council to authorize him to sign a resolution for Brian Ballard to attend the POST Aca- demy. Officer Ballard has signed an indemnity agreement and completed the six'month probationary period. The agree- ment states that Officer Ballard will be paid his regularly monthly salary and stay in the employ of the City for at least one year, and if he does leave the City he will reimburse the City for wages he will recieve while attending the school. Councilman=TomsLcmade=_the'_motion to accept the resois- tion,_autherizing Officer Ballard to attend POST and to receive his e41a;y during the period he is absent from the City; Seconded by Councilman White. Councilman White questioned whether or not Officer Setzer will be back from the Academy before Officer Ballard leaves. Administrator McClure told Councilman White Officer Set- zer will be back before Officer Ballard leaves. The motion was approved unanimously. Councilman Kelling made the motion to authorize Admin- istrator McClure to purchase a tranquilizer gun for the Animal Control Officer, and receive training in the use of the gun. Seconded by Councilman Tomsic, approved unanimously. Administrator McClure explained to the Council a letter was sent November 13, 1980 to Mr. Berardi of Hurst Park (Williams Trailer Park))informing him of a deliquent wat sewer bill, the letter informed Mr. Berardi the water of the trailer park will be turned off1November 19, 1980 Also, letters were sent to the trailer park tenants in- forming them of the shut off. Mr. Berardi sent a coupl of checks as partial payments but the City does not acce partial payments; one of which was unsigned. The check was returned and he was given the right to appear before the Council tonight to explain his position, but evident he decided not to appear. Mr. Berardi phoned Adminis- trator McClure and told him the bill would be paid in full by the first of the week. Mayor Jacobs returned to the meeting. Coucnilman Tomsic inquired as to the status of the Duane Wimmer case. Attorney Coffman told Councilman Tomsic h spoke to Jim Foy, the contractor doing the work. Mr. F told Attorney Coffman the siding would be installed soon and the exterior would be 80 to 90 per cent,complete by December 5, 1980. At that time, it will be udner the judges discretion. Councilman Tomsic also inquired as to an answer for Mr. Keogh, concerning the increase in h fees that he proposed in the previous meeting. Admin- istrator McClure told the Council on the whole the budge is in good shape, several items we have purchased, we have saved money on. Several things have come up, the insurance for the new building and roof repair, that wil have an impact on the budget. Administrator McClure wi look into it this week and have an answer for Engineer Keogh at the next Council meeting. Councilman White inquired as to the City's policy concer ing building permits for non-profit organizations. Wit the present ordinance, churches and non-profit organiza- tions have not paid a fee for building permits. The new ordinance goes into effect January 1, 1981 with the increase, will the procedure be the same. A discussion followed, some research will have to be done before a determination can be made. Councilman Kelling complimented Administrator McClure on the excellent job he did in preparing the insurance bid specifications. Councilman Kelling also told the Council of a phone call she received from Mr. Jess Nation, operator of the North side Texaco Station, He was aware of a complaint made the Mayor concerning his wrecking business and the time duration of the immobilized cars staying on his lot. Councilman Kelling commented that Mr. Nations was willin to co-operate with the City and obey City ordinances in any way that he can. No action was taken by the Counci Councilman Brewer11nquired about the contracts for the Kennel operator, and various others that were to be draf ed. Attorney Coffman said he had taken some affirmativ action on the contracts. Councilman Brewer asked Admin istrator McClure if he was able to get additional infor- mation concerning the garbage bill discrepancies. Ad- ministrator McClure said he had tried to contact Mr. Haw several times but was not successful. He will keep the 131 Authorization for tran quilizer gun for ACO. Hurst Park water/sewer bill discussed. r- t y Mayor Jacobs returned. Duane Wimmer case, Engineer Keogh's fee y increase. s 1 - Building Permits for non-profit organiza- tions discussed. Compliments to Admin- istrator McClure. Northside Texaco Stat- ion wrecking business. o Kennel operator con-- - tract, garbage bill discrepancies. a 132 Christmas Party. Council posted on the matter. Councilman Brewer also in- quired as to the acceptance of the Councills decision to accept bids from Mahoney Chevrolet for one police car and Peterson Ford for on police car. Administrator McClure said that arrangement was acceptable with both dealers. Councilman Peterson asked if any arrangements have been made for an employee Christmas Party. Administrator McClure informed Councilman Peterson that the employees have organized a party at the Cattle Company, but was not sure of the time, date or any of the particulars. Ad- ministrator McClure went on to say, he was opposed to public funds being spent on an employee Christmas Party. Mayor Jacobs told hime in years past the City has picked up the biggest portion of the expense. After a lengthy discussion, the Council decided to pay $600.00 for the party, as was budgeted last year, any expense above that will have to be collected from the employees. Adminis- trator McClure said he would work with Deputy -Recorder Coursey and Secretary Johnson and have some recommenda- tions for the naxt Council meeting. Used truck purchased Mayor Jacbos mentioned purchasing a truck for the water - for Water & Sewer De- sewer department, in which, the recently purchased 600 partment. gallon water tank will be mounted to be used with the sewer machine. He also purchased fencing to fence ar- ound 1111 Well so it will be legal. Mayor Jacobs men- tioned it would not be long before the City employees would move into their new office building. Administrator McClure said the carpenter was finishing up this week, the carpets are going to be cleaned and the phone system installed. Administrator McClure mentioned that Jack McLain, the mechanic at the City shop, built some nice tables to be used in the conference room. Water pipes hooked up fot Palisades. Mayor Jacobs also informed the Council the water pipes are hooked up and now can supply water to Pete -Byrd in Palisades Subdivision. BOA meeting re: pig Attorney Coffman called the Council's attention to the eons at 640 Bartlett. Board of Adjustments agenda. Going before the Board is Mr. Jody Bierschied, Jr. asking for a variance of 64' for his pigeon aviary. Mr. Bierschied lives at 640 Bart- lett in an R-2 Zone. He has a pigeon aviary 4' X 8' with twenty pigeons, located in his back yard that is 36' from his dwelling. Moab City Zoning Ordinance Sec- tion 27-3-13: Location of Barns, Corrals, & Coops states no coop shall be closer than 100' from a dwelling. He therefore, needs a 64' variance. Attorney Coffman stated that he or Administrator McClure would attend the meeting and he wanted the Council's feelings to con- vey to the Board of Adjustments. The Council felt that it was an aviary and an aviary was not a permitted use in an R-2 Zone. And, therefore, he should not be permitted to keep the pigeons aviary at this residence. Bills approved. Councilman Tomsic made.the motion the bills be approved in the amount of $14,589.25 and in addition to those, two from Revenue Sharing, of which are not on the list, one for the new roofing for the new building in the amount of $3,271.00 and another in the amount of $1,192.50 for the contractor doing the remodeling work in the new build- ing. Seconded by Councilman Kelling, approved unanimously. Compalint about Build- Councilman Tomsic registered a complaint with the Council ing Inspector. concerning the Building Inspector, using a name when he checks a complaint or when he is checking a contractors license. Administrator McClure said he spoke with Insp- ector Horstmann and told him that all complaints that come in are to be kept confidential. Bond release for Cotto.- Engineer Keogh asked if Mrs. Minor, owner of Cottonwood Sub - wood Subidivsion. division, had talked to the Mayor or Administrator about having her bond released. The street paving has been com- pleted. - Roadwork on Third Sout Mayor Jacobs also mentioned that the City had made arrange- ments with Southern Paving to re -surface Third South Street, but due to equipment break downs Mrs. Stokes was delayed, then cold weather set in so she was unable to start, and decided to post -pone it until spring. Mrs. Stocks will guarante the price. 133 Councilman Brewer moved for adjournment at 10:26 P.M., Adjournment. seconded by Councilman Peterson, approved unanimously. ATTEST*" Ralp cC ure, 'ecor.er CITY COUNCIL December 2, 1980 C7 The minutes from the November 18, 1980 meeting were appro ed Minutes approved. as stated upon a motion from Councilman White, seconded W by Councilman Brewer. Approved unanimously. A regular meeting of the Moab City Council was held on th Regular Meeting & above date in the Council Chambers. Mayor Jacobs called attendance. the meeting to order at 8:06 P.M. Present were Council- men Tomsic, White, Kelling and Brewer. Councilman Peter son was out-of-town. Also present were Attorney Coffman Administrator McClure, Engineer Keogh, Secretary Johnson, the Media and one citizen. Engineer Keogh mentioned the road to the new water tank Road to tank site al - site is almost complete, A. L. Berna, the contractor is most complete. working on it. Engineer Keogh also mentioned needing additional office space. When the City moves into their new office building he would like to move into the office now occupied by the Building Inspector. Engineer Keogh said, as yet, he has not received any prints for the en- largement of the sewer plant. Mayor Jacobs explained, h wanted information so the City can make application for the sewer plant enlargement. Attorney Coffman told the Council the Duane Wimmer house Duane Wimmer Case. should be completed now, but is not. Additional improve ments are being made that are taking longer; but in the long run will be above the initial requirements. Attorney Coffman also mentioned some concern over the wat Water Contract w/ Con - contract for the new dam and water project, the resolutio servancy District. is silent in who is responsible for bearing the cost of delivering the water to our tank and delivery points. Attorney Coffman went on to say the contract will be re- viewed after five years. Administrator McClure told the Council the Juvenile Court Lease agreement with has submitted a lease agreement for the Council's conside Juvenile Court offices ation for their office space in the new building. Their present lease expires in February of 1981. The lease submitted is similar to the lease held with Mr. & Mrs. Thomas Stocks. The lease begins on February 13, 1981 to February 1983, for $225.00 a month which includes parking space, storage space in the basement in addition to the offices. Administrator McClure said their monthly renta fee is approximately $20.00 less than the standard rental at $225.00. He also recommends that our_attorney_draw up the contract with a review of the rent after one year. Councilman Tomsic suggested the discussion be tabled until next meeting at which time a decision will be made. Administrator McClure told the Council Sergeant Meacham of Highway Patrol request the Highway Patrol asked that the Patrol be allowed to use additional office the office being vacated by the Police Department. Ser- space. geant Meacham said he is expecting some additional person- nel to be assigned to the Moab office and stated the addi- tional space was needed. The Grand County Commission has also requested some additional space, Administrator McClur said. They would like to move the Driver's License Burea from the basement to the first floor. Mayor Jacobs told the Council careful consideration would have to be made be cause the City can not sub -lease the space under their 134 Board of Adjustments meeting, re: pigeons in the City limits. Engineer Keogh granted fee increase. Palisades Subdivision. Mrs. V. Johnson, re: road through Walnut Lane Trailer Ct. Mayor & Administrator to attend luncheon in SLC. New traffic light for SR 163 and 3rd South. Mr. Curtis Young ap- pointed to Planning Commission. contract with the County; therefore, if the City does relinquish some space they will not be able to acquire it back after doing so. Mayor Jacobs suggested the Council leave this up to the Attorney to check the fifty-year lease agreement. Administrator McClure explained he attended the Board of Adjustments meeting on November 25, 1980, as he was asked to do by the Council. Going before the Board was Mr. Jody Bierschied with a variance request to allow pigeons within the City limits on Bartlett Street. Administrator McClure told the Board the City was opposed to the pigeons. Also, the Board of Health submitted a letter stating that pigeons are carriers of two diseases, a respitory disease and New Castle disease which effects the eye. Also nine residents of the area have submitted a petition opposing the pigeons. Attorney Coffman stated in order to grant the variance Mr. Bierschied is requesting, the zoning text would have to be amended; the Board of Adjustments does not have the au- thority to do this. Attorney Coffman will prepare a state- ment from the City to be presented at the next meeting. The Board tabled the request, all members were not present. A decision will be made at the next meeting. Engineer Keogh was granted a fee increase as submitted in a previous meeting. Administrator McClure has thoroughly reviewed the budget as it pertains to Engineer Keogh's pro- posal. The proposed increase will increase the fees from $10.00/hour for one man to $13.50/hour, from $20.00/hour for two men to $27.00/hour, from $27.00/hour for three men to $37.00/hour and from $35.00/hour for four men to $47.00/hour for four men. Several questions arose from the discussion concerning annexations and probable increase in man power. Engineer Keogh feels there will not be any projects that would call for an increase in man power. Councilman White made the motion to grant Mr. Keogh the fee increase as or- iginally submitted and requested. Seconded by Councilman Kelling, approved unanimously. Councilman Brewer asked if a time limit was placed on the completion of improvements in Pete Byrd's Palisades Sub- division. There was no time limit placed on the Palisades Subdivision, as it was to be done a house at a time and then the City will accept and maintain the streets. Mrs. Virginia Johnson asked the Council if she could get the middle road back that goes through the middle of her trailer court. (Walnut Lane Trailer Court) Mayor Jacobs told Mrs. Johnson he would get with Attorney Coffman and look into it, but it will have to come back before the Council. Upon a motion from Councilman Tomsic, Mayor Jacobs and Ad- ministrator McClure were given permission to attend a lunch- eon meeting in Salt Lake City on December 19, 1980 in re- gards to a Governors Legislative program for Cities and Towns. The motion was seconded by Councilman White, approved unanimously. Mayor Jacobs announced that Sam Taylor had given him a letter from Mr. Fred Lewis of the Utah Department of Transportation, stating that a traffic light is scheduled for installation at the intersection of SR 163 and 300 South in the spring. Mayor Jacobs stated that Moab City has been trying to get this signal light installed for about twelve years now. Mayor Jacobs mentioned that a second letter was sent to the Chairman of the Board of Adjustments, stating he was no longer serving on that board. Mayor Jacobs went on to say with the Council's approval he would like to appoint Mr. Curtis Young to take Mr. Wilberg's place on the Planning Commission. There was some discussion _as to whether he was being appointed to the Planning Commission or the Board of Adjustments, In the past the Chairman of the Board of Adjustments served on the Planning Commission also. Coun- cilman Brewer made the motion to accept Mr. Young as the newly appointed member of the Planning Commission. Second- ed by Councilman Tomsic, approved unanimously. Council and Commission luncheon. rCouncilman Tomsic made the motion to have a luncheon on Friday, December 5, 1980 with the County Commissioners re- garding the Building Inspector. Seconded by Councilman White, approved unanimously. 135 Councilman Tomsic made the motion the bills be paid as su.- Bills approved for mitted, in addition to the list of bills submitted to the payment. Council, five additional ones were included, $160.00 for extermination of ants at the Chamber of Commerce Building, $575.00 for Animal Control/Veterinary Services, $150.00 t Harold Jacobs for executive travel allowance, $1,500.00 t Coffman & Coffman and $16,954.80 to Bob's Sanitation for garbage'collection; with a new total of $29,297.84. Cou cilman Tomsic questioned the bill to American Pest Contro for extermination of the Chamber of Commerce Building. Mayor Jacobs informed Councilman Tomsic, the City owns th building and it was either exterminate or replace the roo The motion was seconded by Councilman Kelling, a..roved u animously. Councilman Tomsic moved the City Council have another lun Lucheon for introduc- cheon on Monday, December 9, 1980 with the new Chief of tion of new Chief. Police, the County Commissioners, Sherrif, County Attorne ,City Attorney and Sergeant Meacham of the Highway Patrol. Sec onded by Councilman Kelling, approved unanimously. Councilman White made the motion the meeting be adjourned at 9:17 P.M., seconded by Councilman Brewer, approved un- animously. ATTEST: APPR! 'D: cClure, Recorder CITY COUNCIL December 16, 1980 or A regular meeting of the Moab City Council was held on th above date in the Council Chambers. Mayor Jacobs called the meeting to order at 7:59 P.M. Present were Council- men Peterson, White, Tomsic, Brewer and Kelling. Also present were Administrator McClure, Engineer Keogh (arriv later), Sergeant West, Secretary Johnson, members of the Media and twenty citizens. Regular Meeting and attendance. Upon a motion from Councilman Kelling, the December 2, 19:i Minutes approved with minutes were approved with the following corrections: o corrections. page two, paragraph two, the part reading, ."the pigeons were carriers of two diseases", should read, "that pigeons are carriers of two diseases". Two typing errors were corrected: page one, paragraph five, third sentence, bar ing should be bearing. Also the third page, first para- graph, last sentence, the word "trying". The motion was seconded by Councilman Brewer, approved unanimously. A public hearing was held on the restrictions on sale of Public hearing to adopt beer and hours of operation of places licensed for the sal Ordinance, #80-11. of beer. Administrator McClure explained the proposed changes of the ordinance would prohibit businesses holdin Class "1" licenses from selling beer for consumption off the premises. Presently, businesses holding Class "1" licenses can sell beer to go. Administrator McClure stet ed that a Class "1" operator could obtain a Class "111" li - ense to sell packaged beer. The proposed ordinance would require beer be consumed inaide the establishment and not in the parking lot or elsewhere on the property. The pro posed ordinance would also require those_ establishments selling beer be closed at 2:00 A.M. Under the present ordinance beer could not be sold after 2:00 A.M.; but the building could remain open. In addition, the new ordinan e would make it unlawful for any establishment holding Class "1", "11" or "111" licenses to dispense beer or any other alcoholic beverage thnaugh a drive -up window. A lengthy discussion involving several bar owners in the audience followed, concerning the drive -up window with arguements as to the availability for minors to obtain beer with fewe 136 Ordinance 80-11: obstacles. Administrator McClure said that other communities have found that the sale of beer is more easily controlled with regards to underage drinking, when the customer must enter the bar. This was disputed by several of those attend- ing the hearing. A point made by one of the bar owners was that the major alcohol problem in their establishments con- cerned patrons who brought in bottles of hard liquor. Points were made that minors will obtain the alcohol whether it be through the drive -up window or one of the Convenience Stores. Several questions arose as to when the bar owners responsi- bility stops, when someone drinking leaves the establishment. Administrator McClure said that the bar operator is respon- sible to advise the customer that drinking outside is pro- hibited. Beyond that, he said, the matter would become an issue between the police and the person drinking the beer. Mr. Woodward, a member of the audience, asked what prompted the change in the law. Administrator McClure said the changes were being considered according the Police invest- igations and complaints they have received. Overall, the Council and the Police Department's biggest concern is controlling the sue of alcohol by minors. Councilman Tomsic made a motion to adopt Ordinance #80-11, but strike "E" under Section 3-9 making it unlawful to dispense beer from a drive -up window. Seconded by Councilman Kelling, approved unanimously by roll -call vote. (Ordinance #80-11, as follows:) ORDINANCE NO. 80-11 The City Council of the City of Moab , in a reg- ularly scheduled meeting, after due consideration, does hereby ordain that the following Ordinance be adopted amend- ing Chapter 3, Alcoholic Beverages, of the Moab City Code. BE IT ORDAINED that the following sections of Chap- ter 3, Alcoholic Beverages, of the Moab City Code, be amended to read as follows: Sec. 3-3. Same --Classes. A. Retail licenses issued hereunder shall be of the following classes and shall carry the following privileges and be numbered consecutively commenc- ing with the number "one". B. Class "1" retail licenses shall entitle the 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 Con- trol Act and the ordinances of the City. C. Class "2" retail licenses shall entitle the licensee to sell beer in the original containers on the pre- mises for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City, and shall be issued solely to restaurants, cafes and other establishments whose primary purpose is the dispensing of food. The food and service sold or rendered shall be sufficient in nature to amount to evidence and afford assurance to the City Council of a bona fide restaurant business instead of a mere pretext for obtaining a license. D. Class "111" retail licenses shall entitle the licen- see to sell beer on the premises licensed 1,n orig. inal containers for consumption off the premises in accordance with the Liquor Control Act and the ordi- nances of the City, E. Seasonal and special daily retail licenses shall carry the privileges of the class specified and shall be for a period of less than one year to be determined by the City Council. (Ord. No. 3-68, SS 1.) Sec. 3-9. Restrictions on sale of beer. A. No person shall sell beer to any person intoxicated or under the influence of an intoxicating beverage, or to any person under the age of twenty-one years. w 2-70.) B. No license shall be granted to sell beer in any theatre, or in the proximity of any such church or school, or in any dance hall, except cabarets duly licensed as provided heretofore, C. It shall be unlawful for any person under the ag of twenty-one years to purchase beer or have the same in his possession, or to enter or to be in .r about any premises licensed to sell beer under a class "1" license. (Ord. No. 3-68, SS1.) D. It shall be unlawful for any establishment hold- ing a class "1" license to allow consumption of beer by any person outside of the building in which the business is conducted and it shall be unlawful for any person to consume beer or any other alcoholic beverages outside of the buildin for which a class "1" license has been issued. Sec. 3-17. Hours of o.eration of laces licensed fo Sale of Beer. No person, either as owner, operator or licensee, or his agents, servants and employees, shall permit any premises licensed for the sale of beer within the City t be or remain open between the hours of 2:00 A.M. to 7:00 Q A.M. of any day; provided, that on Sunday no such place ri shall remain open between 10:00 P.M. and 7:00 A.M. of the following Monday, and no beer shall be consumed on the pr mises between such hours. (Ord. No. 3-68, SS1; Ord. No. DONE IN COUNCIL this 16th day of December, A. D. 1980. /s/ Harold Jacobs, Mayor /s/ Ralph Y. McClure, Recorder 137 Another public hearing was held to amend the Moab City Public Hearing for Code, Chapter 17 by adding section 17.50 making it an in- addition to City Code. fraction and a violation of Municipal Ordinances for any person or persons,as owner agent or occupant to create, maintain or aid in creating or contributing to a nuisance. This addition was needed to aid the City Attorney when pr.- secuting offenders of this law; and to enforce the ordina ce Couniclman Peterson moved to adopt Ordinance #80-12 amend ing section 17.50 of the Moab City Code. Seconded by Councilman White, approved unanimously by roll -call vote. (Ordinance #80-12 as follows:) ORDINANCE NO. 80-12 AN ORDINANCE AMENDING CHAPTER 17 OF THE MOAB CITY CODE BE IT ORDAINED by the City Council of the City of Moab, that Chapter 17 of the Moab City Code be amended by the addition of Section 17.50 as follows: 17.50 It shall be an infraction, and a violation of Municipal Ordinances for any person or persons, as owner agent or occupant to create, main- tain or aid in creating or contributing to a nuisance, as contemplated in Chapter 16, and defined in Section 16.1 of the Moab City Code. Passed by the vote of all members present at the City Council of the City of Moab, Utah, this 16th day of December , A. D. 1980. APPROVED: ATTEST: /s/ Harold Jacobs, Mayor /s/ Ralph Y, McClure, Recorder Ordinance #80-12 adopt- ed. Mr. Chris Stimson appeared before the Council for final Heritage Savings ap- approval of the Arches Subdivision, Plat B, phase II. M . peared for Arches Sub. Stimson mentioned that the subdivision is owned by Hesco final approval. Financial Institute and is going to indemnify the City for all of the improvements. Also, he has letters from Heritage Savings guaranting that fact. Administrator 138 City offices open days following holidays. LaHacienda Rest. & Hit ch-N-Post beer license granted. Bill increased for oil by $163.41. Explanation needed for public hearings. Building Inspector replacement. Lease agreement for Juvenile Court. Formulate an overall annexation plan. Computer bids. McClure mentioned a filing fee for Arches Subdivision which has not been paid and that approval from the Planning Com- mission was needed first. After a brief discussion the Council decided to postpose any decisions on the Arches Sub- division until Engineer Keogh can be present with all of the details. Councilman Tomsic made a motion that the City Offices will be open on December 26, 1980 and January 2, 1981 and that the designated Holidays be observed. Seconded by Council- man Kelling, approved unanimously. Administrator McClure submitted two applications for beer licenses to be issued by the Council: Herbert Davis dba The La Hacienda Restaurant for a Class "11" license and Nina Faye Black dba The Hitch-N-Post for a Class "111" license, which is a change of ownership. Both of these establishments have been investigated by the Police De- partment and recommended these licenses be granted. Councilman Peterson so moved the above mentioned beer licenses be granted, seconded by Councilman Tomsic, ap- proved unanimously by roll -call vote. Administrator McClure said line item #18 on the list of bills should be increased by $163.41 for a total of #326.82 for oil used at the City yard for patching material. This bill was divided in half in error thinking the County would pick up the other half; but as it was used solely by the City we must pay the entire amount. Councilman Brewer made a suggestion that some kine of ex- planation be given either written or orally as to why an ordinance is being written or why it is being amended by the Attorney. Such as with the lublic hearing held earlier this evening concerning the Nuisance Ordinance. Adminis- trator McClure indicated taht changes are made to insure the health, welfare and safety of the inhabitants of the City. Councilman Peterson asked what was being done to replace the recently released Building Inspector. Mayor Jacobs in- formed the Council that he and Administrator McClure have an appointment set up for Saturday, December 20, 1980 with an applicant who applied for the position when it was first advertised. Mayor Jacobs went on to say the position does not have to be advertised again as the former Building Inspector had not completed the six month probationary period and the applications were retained and will be re- viewed. Councilman Tomsic asked if the Council was ready to make a decision about the lease agreement for the Juvenile Court's offices discussed in the last meeting. After briefly dis- cussing what transpired in that meeting the Council tabled the lease agreement until further information can be ob- tained. Also, a decision should be made regarding the office vacated by the Police Department. Sergeant Meacham of the Highway Patrol has requested his department be given the additional office space. Councilman Tomsic so moved that the Highway Patrol be given the office without any charge for the space as the fifty-year lease would not allow a sub -lease. Seconded by Councilman Kelling, approved unanimously. Councilman Tomsic suggested and then so moved the City initiate a study to formulate an overall annexation plan to deal with future growth and expand the City's tax base. Councilman Kelling included that Administrator McClure be assigned to the organization of the project. Mayor Jacobs added that the Council can get help from the planners with the Southeastern Utah Association of Local Governments. Councilman Kelling seconded Councilman Tomsic's motion, to study an formulate an overall annexation plan. Approved unanimously. Councilman Tomsic also suggested the Council meet with the County Commissioners when forming the annex- ation plan. Councilman White asked if Administrator McClure had received any computer bide for the New In-house computer system. Ad- ministrator McClure told Councilman White he had received several phone calls, but as yet has only received one bid. He did say he expected between five and seven bids by the deadline date of Monday, December 22, 1980. 139 Mayor Jacobs told the Council of an AOG Legislative Con- ference to be held in Price on December 30, 1980 at 6:30 P.M. Mayor Jacobs expressed that he would like members of the Council to attend the conference. The conference is a d-nner meeting with the Legislature and would be bene facial for the Council to attend. Mayor Jacobs mentioned that he and Administrator McClure will travel to Salt Lake City, Friday, December 19, 1980 for a meeting of the League of Cities and Towns with Gov- ernor Scott Matheson. Councilman Peterson inquired as to any official action taken after the informal luncheon meeting with the County Commission concerning the computer to be shared with the Sheriff Department. The cost of the computer to the City would be $5,000.00 which would include the CRT and printer. In the meeting, Sheriff Nyland stated there is a $350.00 a month service charge that the County would pu in their budget and carry for the first year. A lengthy discussion followed regarding the high cost of the compu- ter for the State NCIC System when similar parts could be purchased individually for a less expensive price; but there again the State might not let the City use other equipment. Also there was some question as to the possi bility of utilizing the new computer the City is.planning to install soon. Councilman Peterson made a motion that the Council pass a resolution -stating their interest in co-operating with Grand County in establishing a law en- forcement computer system to be shared equally with the Grand County Sheriff Department and Moab City Police De- partment. Seconded by Councilman Tomsic, approved unan- imously. Councilman Tomsic moved the bills be paid as presented, i addition to those listed three others were included: $100.00 for the.Water Tank legal service for Attorney Sno $10.50 for the recording fees for Attorney Coffman and as discussed earlier $163.41 for the oil for patching, which brings the total to $19,070.52. Seconded by Councilman Kelling, approved unanimously. Councilman Brewer ques- tioned a bill to Chris & Dicks in Salt Lake City in the amount of $1,309.51 for remodeling materials and fencing, as to whether or not this could have been purchased local for the same price. Mayor Jacobs informed Councilman Brewer the prices he checked were considerably higher lo- cally, also they brought the materails back from Salt Lak themselves with the City truck which saved freight charg Councilman Tomsic made the motion the meeting be.adjourne at 9:50 P.M, seconded by Councilman White, approved unani mously. ATTEST: Harold Jos, Mayor SPECIAL CITY COUNCIL MEETING December 31, 1980 Minutes Present: Mayor Jacobs, Councilmen Peterson, Tomsic, Kel ing and Brewer. Councilman White was absent. Also present was Administrator McClure. The Special City Council meeting was held for the purpose of discussing bid proposals for the City's Liability In- surance and discussion of the hiring of a City Building I spector. Mayor Jacobs called the meeting to order at 4:10 P.M. Legislative Conference Mayor & Administrator to attend meeting of ULo CT Discussion about co- operating with County on computer. Bills approved with 3 additional ones. Adjournment. Special Meeting for Insurance bids and City Building Inspector. 140 Two bids submitt ed for Insurance. Umbrella Policy not nec essary as determined by the Council. Kelling Insurance low bidder. Motion made to accept Kelling's low bid. Motion made to accept employment of Mr. Kelly and pay moving expense. Move Chief of Police up two grades and pay Administrator a moving expense of $500.00. Meeting to be set with Commissioner about BI and Building Department Adjournment. Administrator McClure indicated that two bid proposals had been received for the City's Liability Insurance Policy. The two companies submitting bids were Central Utah Insurance Agency and Kelling Insurance Agency. Central Utah Insur- ance Agency submitted their bid for $300;000.00 Comprehen- sive General Liability and $300,000.00 Automobile,Injury Liability. Also Equipment & Machinery Physical Damage and valuable documentation. Their bid for the coverage was $14,925.00. Kelling Insurance Agency's bid for Comprehensive General" Liability, Automobile Bodily Injury Liability, Equipment & Machinery Physical Damage and valuable documentation coverage was $14,557.00. Each Company also submitted additional liability coverage under a one million dollar umbrella.- Kelling Insurance Agency's bid inlcuding the million dollars umbrella for carrying the insurance was $20,136.50. Central Utah Insurance was the lowest bidder if the million dollar- umbrella was included, At this point, the Council discussed whether or not it was nec- essary for the City to include a one million dollar um- brella. After some discussion, it was felt by the Council to carry this additional insurance would call for a sub- stantial increase in the premium which was not planned for during the budget. And therefore, would have a detrimental impact on the budget. As a result it was the Council's decision to accept the lowest bid for the $300;000.00 Liability Policy. After review of the proposals submitted it was determined that Kelling Insurance Agency was the low'bidder. A motion was made by Councilman Tomsic to accept the bid proposal as submitted by Kelling Insurance Agency at a premium price of $14,557.00. The motion was seconded by Councilman Brewer, approved unanimously. Councilman Kell- ing abstained from voting on the motion. Mayor Jacobs told the Council that he had been in contact with Mr. Frank Kelley who was the Chief Building Inspector for the City of Price. He indicated to the Council that Mr. Kelley had indicated a willingness to accept the posi- tion of Building Inspector for, Moab at a salary of $1,566.00 per month; and provided the City of Moab pay half of his moving expenses in the amount of $500.00. At this point there was considerable discussion as to the hiring of Mr. Kelley and also concern at hiring Mr. Kelley at a salary equal to the salary being paid to the Chief of Police. The Council did not feel this would be appropriate in as much as the responsibilities were much greater for the Chief. The Mayor indicated, however, that Mr. Kelly would not be interested in coming to Moab for a lesser amount of money. Councilman Tomsic moved that Mr. Kelley be hired at a salary of $1,566.00 per month, provided the City does not pay for his insurance and that he be paid moving expenses in the amount of $500.00. Seconded by Councilman Peterson. The motion was approved by majority vote. Those voting aye were Councilman Peterson, Brewer and Kelling. Council- man Tomsic voted nay. At this point Councilman Tomsic made another motion that the new Chief, Lester Stiles be elevated from grade 20 to grade 22 that he,be granted a salary increase and that he be paid moving expenses in the amount of $500.00. Also, Administra- tor McClure be paid a moving expense of $500.00. Seconded by Councilman Peterson, approved unanimously. It was the Council's decision to meet with the County Commiss- ioners as soon as possible to discuss the hiring of an Inspec- tor and the relation of the Building Inspection Department with the two agencies. The meeting was adjourned at 5:15 P.M. or.er APPRl1 , Mayor 141 CITY COUNCIL January 6, 1981 A regular meeting of the Moab City Council was held on th Regular Meeting and above -date in the Council -Chambers. Mayor Jacobs called attendance. the meeting to order at 8:03 P.M. Present were Council- men Tomsic, Kelling, Brewer and White. Councilman Peter son was absent. Also present were Attorney Coffman, Cit Administrator McClure, City Accountant David Adkison, En- gineer Keogh, Treasurer McLeod, Secretary Johnson, the Me.- ia and one citizen. The minutes of the December 2, 1980 meeting were approved Minutes approved. as written upon a motion from Councilman Tomsic, seconded by Councilman Kelling, approved unanimously. Administra tor McClure explained to the Council that Ordinance 1I80-1 was going to be amended by deleting the double license th•t would be imposed on a Class "I" license who can sell beer in the original container. This ordinance was passed in the previous Council meeting, so a copy of that amended ordinance will be included in the packet for the next Cou cil meeting on the 20th of January. Councilman Tomsic s. moved the Attorney rewrite Ordinance 1180-11 deleting the 0/.3 double taxation, seconded by Councilman Kelling, approved Q unanimously. After reviewing the audit, Attorney Coffman stated that, Attorney verifies Au- to the best of his knowledge and belief, certain matters dit. do not effect the financial status of the City; as he is not aware of any litigation other than the Sunset Motel Suit and the Norton Suit. Administrator McClure stated that he had received a lette Revenue Sharing funds from Mr. Hester of the League of Cities and Towns, info to continue for three ing us that Congresspasseda Revenue Sharing Bill, so th more years. City of Moab will be entitled to Revenue Sharing Funds fo the next three years. As stated previously, Revenue Sha ing Funds are spent on Capital Improvement projects; the - fore, some of the outdated equipment will be replaced for use at the City shop. Administrator McClure also presented two licenses for ap- Address change of bus- proval to the Council. Mr. Wesley E. Hunter, of Tool iness license for Wes - Mower, 121 East First South is moving to a new location o ley E. Hunter. 72 North Main and wants to transfer his license to this new address. Councilman White made a motion granting a transfer of his license to the new address, but the motio died due to the lack of a second. Councilman Tomsic ale. made a motion to refer Mr. Hunter to the Planning Commies .n for premise occupation permit. Councilman Tomsic's mo- tion also died due to the A}Ek of a second. A lengthy d cusaion followed regarding status as a transient merchant as he does not have a permanent place of business, and his location as an open-air status. The Council did not tak any action on the license, therefore it died due to the lack of a motion. The second license for consideration was for Harold Sherm Application for beer Peterson, Jr., dba Sherms-Shell, previously Cunningham'e license for Sherm's Amoco. Mr. Peterson's application is for a Class "III" Shell. Beer License. Mr. Peterson is installing a convenience, store at the service station, and along with a few grocer ies he also wants to sell beer to go. The Council ob- jected to the Service Station selling beer, although many convenience markets do sell beer and gasoline. Council- man Tomsic suggested that the convenience store be instal ed first and then the Council consider the beer license. No action was taken by the Council on the application. Mr. David Adkison with Claus & Adkison, an accounting fi , Mr. David Adkison with presented to the Council the audit for the period of July Claus & Adkison pre- 1, 1979 to June 30, 1980. Upon performing the necessary Bents Audit. testa and reviews, Mr. Adkison had several comments to ma- ke concerning the fixed asseata, special assessments, pur- chase orders and requisitions. He mentioned that Deputy Recorder Karen Coursey was in the process of netting up a inventory card file indexing and costing all of the City's fixed assets. Mr. Adkison also reported that there are 142 Audit continued Hillside Ordinance dis- cussed. Board of Adjustment meetings attendance. Water tank work growing rapidly. Animal Control Officer to be hired, soon. Building Inspector pos- tion discussed. some problems concerning some Special Assessment Funds. The rate of collection of outstanding assessments is very unsat- isfactory. More than half of the balances due are delinquent be several years; interest and penalty rates used are not the rates authorized in the original ordinance. A formal purchase order and requisition system has been established and is currently available for use by the various departments. Also, the City is currently acting as payroll agent on be- half of the Moab City Recreation Board; they are only re- imbursed for the salaries, FICA and an additional ten per cent of the gross fee. The ten per cent is designed to cover any other employee benefits and the City's handling costs. Another area which the City should review is the group insurance. The City includes persons not currently employed by the City; i.e., outside contractors and retired personnel. It should be determined that this does not jeop- ardize the entire City group, and that the outside contractors and retired personnel involved know what insurance they are covered by. Adkison went onto praise the members of the City administrative staff, who are very well informed re- garding their respective duties, responsibilities and the purpoae of their positions. Their knowledge of the current and prior years transactions is very professional. Mr. Adkison also stated that the documentation and support.for disbursement is also in excellent condition along with in- ternal controls for safe -guarding assests and minimizing errors. In conclusion, Mr. Adkison commented that he feels the Mayor, Council and administrative office should be complimented on their achievements in keeping the City in good fiscal order and in maintaining operations on a sound financial basis. Councilman Brewer suggested the City adopt a Hillside Ordi- nance, or organize a group to study a Hillside Ordinance in which restrictions and by-laws would be outlined. He went on to say if the City had these stipulations, a lot of the problems we are having with the Hillside and Arches Sub- division would be alleviated. Councilman Tomsic said the City adopted the Uniform Building Code, in which these -stand- ards are set-up and the City should fully implement the ex- isting ordinance. Administrator McClure mentioned that he is in the process of updating the present Subdivision Or- dinance and along with doing that he will implement some of these guidelines into the new ordinance. It was also suggested that the new Building Inspector get involved in thisrproject. Councilman White asked if the Mayor or Administrator could stress to the members of the Board of Adjustments, the im- portance of attending those meetings. Mayor Jacobs said he and Administrator McClure had discussed to some length this particular problem. They decided that during the month of December, it was difficult to set up meetings with so many activities going on; but some time in the future Mayor Jacobs planned to call or stop by and talk_to all of the members and stress the importance of attending those meetings. Councilman White questioned the considerable amount of loose dirt afoot the hill from the new tank site. Mayor Jacobs encouraged all of the Council members to drive up and take a look at the progress that has already been made or let him know and he will take any or all of the Council members that are interested in seeing the develop- ment. Councilman Kelling asked if the City had hired a new Ani- mal Control Officer yet. In response to her question, Ads ministrator McClure said he received the applications back from Job Service today; they accepted and performed all of the back ground work on the applicants, He will then nar- row the list to the top three applicants and submit those. names to the new Chief of Police for interviewing. Councilman Kelling also mentioned receiving phone calls about a newscast stating that the City decided to hire a building inspector for the City only and did not include the County. Councilman Kelling stated that the City Council met with the County Commissioners and discussed the Building Inspector position and the County was reviewing the proposition and will notify the Council of their decision, whether to join the City as previously done or hire an inspector for the Coun- ty alone. 1.4 3 Councilman Tomsic complimented Mayor Jacobs on the excell- Compliments to the ent job conducting their recent Southeastern Utah Associa- Mayor. tion of Local Governments meeting she attended in Price. The Mayor mentioned an Agenda for the Eighties meeting, W d- Agenda for the 80's nesday night at 7:00 P.M. at Star Hall. He said that meeting. Bill Howell with the Southeastern Utah Association of Lo- cal Governments will be down for the meeting and also Mr. Howell planned to visit the Council members on an individ ual basis concerning an AOG workshop. Mayor Jacobs also mentioned that City equipment was being Fourth North and Fif- used at the corner of Fourth North and Fifth West, helpin. th West Irrigation the owner of the property, Mr. Carol E. Clark, who was a- ditch being worked on warded a grant to install a 30" irrigation pipe to help control flood waters. Also, this will help make the cor ner a little safer. Sterling Davis -of the Department of Transportation will be in Moab to look at this area tomor row and make recommendations. Mayor Jacobs told the Council it looked like the signal Signal light to be in M light that was to be installed at SR163 and Third South stalled soon, and se- 0 will be installed within the next forty-five days. The wer truck complete. r„f Mayor told the Council that the sewer truck was complete now and that Jack the mechanic at the City Shop has done 00 nice job fixing the truck. The truck was purchased used Cz7 and the tank was purchased through a State Surplus Supply Councilman White made a motion the bills be paid as pre- Bills approved with sented, with the exception of one to W. R. White, Co., fo exception of W. R. plastic pipe for the water tank, conditional upon investi White, awaiting a cr- gation of the overcharge. The invoice came in at about edit. $1,000 more than what the Mayor was quoted when he ordere the pipe. He is checking with the Company and awaiting some kind of an answer as to a credit. Councilman Tom - sic seconded the motion, approved unanimously. Councilman White moved the meeting be adjourned at 10:04 Adjournment. P.M., seconded by Councilman Brewer, a..roved unanimousl APPED: ATTEST: H:ro1. Jacobs, May 1ph C1 re, Recorder 144 CITY COUNCIL Regular Meeting and Attendance. Regular Meeting Minutes Approved. Special Meeting Minutes Approved. Invited Council to Presentation. Arches Subdivision. City Considering buying property for through road from Fifth West. January 20, 1981 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 8:04 P. M. Present were Councilmen Peterson, White, Brewer and Kelling. Councilman Tomsic was out-of-town. Also present were Attorney Cofman, Engineer Keogh, Administrator McClure, Secretary Johnson, the Media and two citizens. Councilman White made the motion the minutes of the regular City Council meeting of January 6, 1981 be approv- ed as written, seconded by Councilman Kelling, approved unanimously. Councilman Brewer made the motion the minutes of the Special Council meeting of December 31, 1980 be approved as written, seconded by Councilman White, approved unani- mously. Mr. Jim Walker, representing the Western Land Users Association, presented tickets and invited the Mayor, Administrator, and Council to attend a presentation being conducted by Colonel William T. Gordon, a retired U. S. Army Colonel. To be held Friday, January 23, 1981 in Star Hall, at 7:30 P.M. Mr. Chris Stimson of Heritage Savings, representing Hesco Corporation, appeared before the Council requesting three items concerning Arches Subdivision: 1. Final approval of the time extension of the Preliminary Plat B, Phase II, granted nunc pro tunc by the Planning Commis- sion . 2. Final Approval of the variance on the Uniform Building Code, Section 7012 (b): Terracing, and 3. Final approval of the Final Plat B, Phase II. Mr. Stimson mentioned several additional improvements and ideas for the Subdivision. There was some question as to re- seeding the terrace with a ground cover to prevent debris and rocks from falling to the lower level. Mr. Stimson said arrangements have already been made for re -seeding_ and maintenance. Mr. Stimson wnet on to say the Subdi- vision filing fee has been apid and all other aspects are, in order. He also expressed the opinion that he would like to work closely with the City with the install- ation of improvements; and move some of the water meter boxes and sewer man -holes. He expects the paving will be done sometime in April; that is when they look -for completion. Councilman Brewer moved that the Council accept the time extension, nunc pro tunc, as recommended by the Planning Commission, of Preliminary Plat B, Phase II of the Arches Subdivision. Seconded by Councilman Kelling, approved unanimously. Councilman Brewer also made the motion the Council give final approval for the Uniform Building Code variance, section #7012: Terracing, for a grass ditch for drainage instead of concrete. Seconded by Councilman Kelling, approved unanimously. Councilman Brewer made still another motion, moving the Council accept the Final Plat B, Phase II for the Arches Subdivision and also to accept a letter of credit covering the improvements for the subdivision in lieu of a bond. Seconded by Councilman Kelling, approved unanimously. Engineer Keogh mentioned that he and Mayor Jacobs looked at property on First West Street, known as the Bowen Property. For years, the City has been looking for an alternate route for traffic from Fifth West through to First West. A portion of the property belonging to the mortuary has been quit -claimed over to the City; although the negotiations are in the preliminary stage. Mayor Jacobs emphasized that it is all in the preliminary stage and does not want it publicized. Engineer Keogh also mentioned the base for the water tank is nearing completion and will be with another pour of the ring wall. 145 Councilman Kelling made a motion allowing the FBI Agent to move his office upstairs in the office previously occupi- ed by the Building Inspector. Seconded by Councilman Peter- son, approved unanimously. Attorney Coffman breifly stated that checks have been sent to the Steen Family involving the Mi Vida Enterprise Condem- nation Suit, which should clear up much of that litigation. Attorney Coffman also mentioned a letter concerning the water application for the City well at the City Park; he said the City Engineer can make application for proof of appropriation or have the State do it. Also, Administrator McClure mentioned some comcern as to the amount of water the City can take out of the well at the park. Attorney Coffman said the City needs to increase the City water rights; they presently have an additional two second feet; we need to apply for additional water rights. Administrator McClure told the Council he and a committee made up of Attorney Coffman, Councilman White and Accountant Ed Claus are ready to make a recommendation to the Council for the purchase of a new computer for the City's utility billing and accounting purposes. In November, the City went out to bid on said computer; seven companies submitted bids according to the specifications as outlined by the City. The committee has reviewed these bids and announced that their recommendation would be for the Burrough's Corp- oration bid in the amount of $35,197.32. The breakdown is as follows: The Software & Hardware combined: $45,225.50 Freight to Moab: Sub -Total: Less Governmental Discount: Sub -Total: Less Trade -In for L-4000 Posting Machine: Total: 733.70 45,959.20 - 3,828.05 42,131.15 - 6,933.83 $35,197.32 An additional $406.20 a month for the maintenance program comes to a total of $4,874.40 for a year. The maintenance program starts at the end of the first year. The Burrough's Corporation provides a tri-pay plan, in which a down payment of $4,696.42 is made and then when the system is delivered installed and we sign the contract, the first payment of $12,602.36 will be due. (Approximately May 1, 1981). Then May 1, 1982 the second payment of three, $10,585.98 and then the final payment of $10,018.88 on May 1,1983. Adminis- trator McClure went on to say, the Burrough's Corporation included in their bid two printers. Also, training for the use of the computer is required. Included in their bid price is a 12 day in-house training program for the programer, but an additional 8 days of schooling is requir- ed. There is a charge for the additional school of approxi- mately $1,500 or $1,600, which includes travel, lodging, and etc. The Council discussed how and where the payments should be arranged as there are many different alternatives. Also, there was a brief discussion as to repair and mainten- ance; Administrator McClure reassured the Council the break down would be taken care of quickly and that a monthly maintenance plan was mandatory. After thoroughly discussing the computer system, Councilman Brewer made a motion the Council authorize the purchase of the Computer System from the Burrough's Corporation as outlined in the present- ation. Seconded by Councilman White, approved unanimously. The Council briefly discussed an application for a beer license for the Sherm's Shell Station. This application was discussed to some length at the last meeting; evidently, Mr. Peterson is not interested in acquiring a beer license. He has contacted Councilman Brewer and informed him of his decision. Administrator McClure presented an application FBI Agent to occupy old Inspections Office. Check Sent to Steen Family for Condemnation Suit and Water Rights. Computer Chosen. Beer license for Sherm's Shell. 14'6 Olan Mills Business License. Meeting on Flood Control. Water Purchase Agreement Lease Agreement for Juvenile Court. Salary grade in- creases for Chief of Police and Inspection Clerk. Budget looks good. County Hires Build- ing Inspector. Hands -Up Meeting for Crime Prevention for a business license for Olan Mills Inc., out of Spring- field, Ohio: they are photographers operating out of a room at the Ramada Inn. Administrator McClure said they have submitted a fee of $10.00 for a Retail License; but he has not processed the application. He questioned if the Olan Mills Photography business is a transient and should be charged a $500.00 license fee. Councilman Brewer and Kelling both expressed the feeling that we have local photgraphers and Olan Mills be considered a transient merchant. Councilman Kelling' so moved that Olan Mills Photography Inc. be allowed to continue their business under a transient merchant license. Seconded by Councilman White, approved unanimously. The Council agreed to hold a meeting Wednesday, January 28, 1981 in the Council Chambers at 7:30 P.M. The meeting was scheduled as a request from the U. S. Army Corps of Engineers to discuss the Federal Flood Insurance Program and flood control measures. It was agreed that the press release the news of the meeting so that local reactors have an opportunity to seek answers to the many questions and problems with the Federal Flood Insurance Program. The Council discussed in some detail the water purchase agreement with the Conservancy District. There are con- siderable differences between the two contracts, for instance, the Conservancy District's contract obligates the City to purchase water for the next thirty-five years. - In the contract that Attorney Coffman has drawn up, the terms are negotiated every five years. Mayor Jacobs suggested that the wording be changed in the contract drawn by Attorney Coffman so it reads, ..."the water must be treated to the standards of the Utah State Board of Health prior to entry of the water sold into the City's distribution system." Councilman Peterson suggested the Council present the contract drawn by Attorney Coffman to the Conservancy District and if they are not satisfied with this agreement, then the two organizations meet and discuss the proposed changes. The Council was suppor- tive of Councilman Peterson's suggestion. Upon a motion from Councilman White, the Council agreed upon the two year lease agreement between Moab City and the Utah State Juvenile Court, with an increase in the monthly rental fee from $225.00 per month to $250.00 per month with negotiations of terms after one year. The lease is to begin on the 15th day of February 1981 and continue to the 14th day of February 1983. The motion was seconded by Councilman Kelling, approved unanimously. Administrator McClure asked for authorization to increase the Chief of Police salary from a Grade 20, Step 1, to a Grade 22, Step 1, and also to increase the salary of Christine Calnan, Inspection Clerk from a Grade 5, Step 1 to a Grade 6, Step 1. The actual salary amount will depend on the salary schedule the Council adopts. It was decided the salary increases and salary schedule will be discussed at an Executive Session to be held January 21, 1981 at 12:00 Noon. Councilman White said, after looking at the newest general fund expenditure print out, the budget looks very good. After six months most departments have only spent one third of their budget. Councilman White mentioned the County has elected to hire a building inspector to do the County's inspections. The Commissioners have suggested the City and the County share a secretary. Mayor Jacobs said the secretary will have plenty to do with the City's work. Mayor Jacobs told the Council of the trip he and Sergeant West of the Police Department recently took to Salt Lake City to attend a Hands -Up Program. The primary purpose of the program is getting citizens to participate in crime prevention, in helping the Police Officer by calling and reporting any suspicions. One of the main points. stressed in the meeting was not to hire nore officers, but in getting the citizens involved. 147 Mayor Jacobs spoke briefly of the need for an additional five acres near the disposal plant for a plant addition that is needed very badly. He said that he and Disposal Plant Operator, Joe Severns, are scheduled to attend a Pre -Treatment Meeting in Salt Lake City tomorrow. Councilman White made a motion the bills be paid as present- ed with two exceptions; sales tax be taken off line #30 to Service Station Supply Co., the total should be $1,636.20 and line #14 to Grand County has billed the City for things they should have paid half of. Administrator McClure said some of the items the County billed us for we should have paid the total amount, but he will check with Deputy -Recorder Coursey before the payment is made. The motion was seconded by Councilman Brewer, approved unanimously. Councilman Kelling mentioned that if any of the Councilmen want to see a copy of the insurance bid that was recently awarded to her firm, she has extra copies available and the Mayor and Administrator also have copies. Councilman Brewer made the motion the meeting be adjourned at 10:19 P.M., seconded by Councilman Peterson, approved unanimously. CITY COUNCILO February 3, 1981 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 8:02 P.M. Present were Councilmen Kelling, Brewer, Tomsic and White. Coucilman Peterson was out-of-town. Also present were Attorney Coffman, Police Chief Stiles, Engineer Keogh, Administrator McClure, Secre- tary Johnson, the Media and four citizens. Councilman Kelling made a typing correction to the minutes on page three, second paragraph, the word "decision". Administrator McClure made two corrections on page three, first paragraph, second sentence, the figure should read $4,874.40 instead of $4,870.40. Also the part reading, ..."charge for the additional school of approximately $1,500 or $1,600" should go on to say. "that cost includes travel, lodging and etc.." Councilman Brewer made the motion the minutes .be approved with the listed corrections. Seconded by Councilman Kelling, approved unanimously. Mr. Jim Zarate, Sales Supervisor for Olan Mills Photography, appeared before the Council stating that the Olan Mills Photography business is a reputable and permanent business in Moab. He had a letter in his possession from Mr. Tom Marks, the manager of the Ramada Inn, stating that the Olan Mills Company does work out of the motel on a year- round basis. He also stated that he has applied for a Statel Sales Tax Number; he presently has a qualifying number. In the previous Council meeting, the Council deter - Disposal Plant/ Pre-treatment Meeting Bills Approved Bills, continued Copies of insurance bid available Adjournment Regular Meeting and Attendance Minutes approved with corrections Olan Mills Trancient Merchant 148 Olan Mills transient merchant continued Robins Nest Sub- division Appointment of Paul Arthur to Recreation Board Discrimination Complaint -Christenser Water Rights Agreement to purchase Williams Property Starrett Shooting Incident continued mined Olan Mills to be a transient merchant and they could only continue under that section of the City ordinance which requires a $500.00 transient merchant business license. After discussing the matter, Councilman Tomsie made the motion that Clan Mills be considered a transient merchant and be assessed the $500.00 transient merchant license fee, seconded by Councilman Brewer, approved unanimously. Mr. Mark Beeson, a resident of Robins Nest Subdivision, appeared before the Council regarding a drainage ditch in the Robins Nest Subdivision. He has signed an easement giving the City the right-of-way to install the drainage ditch. Mayor Jacobs said the only hold up was the matter of funding; he did not know when funding would be available to complete such a project, hopefully it will be in the near future. Councilman Tomsic made the motion the Council accept the appointment of Mr. Paul Arthur as Chairman -at -large for the Recreation Board, replacing resigning Chairman Ted Sor- renson. Councilman Brewer seconded, approved unanimously. Attorney Coffman mentioned that the City has received a new discrimination complaint, actually not a new complaint, bu a former complaint filed by a former employee. It laid dormant for three months. Attorney Coffman said the informa- tion he received requested the City to appear at a conference in Salt Lake City on March 2, 1981, pertaining to the Police Department, their Policies and Procedures and bring the answers to a rather involved interrogatory. The suit is not being based on the employees dismissal, but the fact she was not made police officer and did not receive a step 2 raise at the end of her probationary period. Attorney Coffman also mentioned receiving a letter from the State of Utah, Division of Water Rights. The letter simply summarizes what was discussed at the last Council Meeting. The City has a little over two second/feet water rights that has not been established; therefore, the City needs to move quickly to develope the additional water rights. Attorney Coffman indicated that the City has purchased the Williams property. The tow main parties in the Williams estate have signed the agreement. The City can now start negotiating to make Arroyo Road a through road from Fifth West to First West. Attorney Coffman stated that he, as City Attorney, has writ- ten a letter to County Attorney Bill Benge regarding the criminal investigation conducted by the Police Department regarding a January llth shooting. The letter reflects the concern of the Council, as they asked the letter and the file containing the incident report be hand delivered to Mr. Benge. Mr. Benge has declined to prosecute the case. Attorney Coffman has contacted the Attorney General's office asking if they would prosecute the case as the County Attor- ney has decline to. He further stated that the Attorney General has supervisory authority over the County Attorneys. Attorney Coffman stated that the letter and report contained additional information not known at the time Attorney Benge declined to prosecute the case. The Attorney General's Office revealed to Attorney Coffman that they will not under -take a case without then County Attorney's consent unless, it appears to them the case is a serious charge and second, that they can obtain a convic- tion. The Council can, by resolution, refer the case to the Attorney General's office, in turn the Attorney General can retun the case to us or to the County Attorney. Attorney Coffman stated that he feels it is too seriouse to prosecute as a Class B Misdemeanor, the defendant should be charged with aggravated assult, a third degree felony. Attorney Coffman went on to say the Attorney General has several options: He could recommend that Attorney Benge prosecute the case on the assault charge; the Attorney General can 14q take over the prosecution himself; or the Attorney General could do nothing. Police Chief Stiles suggested due to the extreme importance of the evidence material, it should be hand delivered to the Attorney General. Councilman Tomsic moved, seconded by Councilman Brewer, the adoption of the following resolution: RESOLUTION #81-1 BE IT RESOLVED that the complete case file pertaining to Bobby G. Starrett, together with the physical evidence, be hand delivered to the Attorney General's Office and the matter be referred to him for further disposition. PASSED by majority vote of three in favor and one negative, by the Moab City Council on the third day of February, A.D., 1981. Certified to be a true and correct copy. /s/ Harold Jacobs, Mayor /s/ Ralph Y. McClure, Recorder Councilman White suggested that the Attorney General be asked to examine the case and determine if prosecution is possible, adding that the Council should use discretion. Attorney Coffman responded that there is no back door way to get an opinion from the Attorney General, saying that once the case was referred to his office, it would be out of the City's hands. Councilman Kelling said that the Council had no choice in the matter. The motion was approved by majority vote, three affirmative and one negative. Administrator McClure had two travel requests he presented to the Council, both are mandatory schools for the Supervis— or to attend for the new Burroughs Computer System. The first of the two schools will be the week of March 9th for five days in Los Angeles, which deals with the Hardware components of the computer system. The second school deal— ing with technical aspects of the software will be the first week in April for three days. Administrator McClure has a choice of locations to attend the second school, either Chicago or St. Louis. Councilman Tomsic moved that the Council authorize two trips, one to Los Angeles in March and one to either Chicago or St. Louis in April for Administrator McClure. Seconded by Councilman White, appro— ved unanimously. Administrator McClure also presented serveral other travel requess; the first of three seminars is being held this week in Sandy, Utah, dealing with Crime Prevention. Alan West was given prior authorization to attend this seminar, hoping the Council would approve the travel. The second, "Analyzing Police Productivity", will be held at the POST academy March 10th through March 12th. It is requested that Steven Brownell attend this seminar. The third seminar is a Marijuana Identification school to be held at Weber State College March 17th through March 20th. Officer Rich Haycock is being requested to attend this with a registra— tion fee of $100.00. Councilman Brewer moved the Council authorize travel to the various schools, seconded by Coun— cilman White, approved unanimously. Mayor Jacobs stepped out of the meeting, Councilman Tomsic continued as Mayor Protem. Administrator McClure's attendance has also been requested at a Governmental Standards Seminar at Snowbird in the Alpine Room on March 2nd with a registration fee of $20.00. Administrator McClure went on to say that he feels this is an important meeting and should not be passed up. He suggested, since he will be gone the following week, that Treasurer Barbara McLeod attend this conference at Snowbird. Councilman Kelling so moved, seconded by Councilman White, approved unanimously. Continued Travel requested for computer schools Police Seminar's Travel request May leaves Meeting Accounting Seminar gravel request 150 Payment approved for water tank work Ma'returned water tank payment continued Pigeons on Bartlett (Bierschied) Complaint discussed Help needed for up -coming tournaments Water truck to be given to Racing Association Bills approved Adjournment Administrator McClure mentioned receiving a letter from Nielson, Maxwell and Wangsgard requesting payment on work that has been completed on the water tank. The work is 36% complete; the first payment due is $71,472.33, which will be coming from grant money. Mayor Jacobs returned to the meeting. Courcilman Brewer made the motion the Council approve payment to Pittsburg DesMoines, funds to come out of grant money for work completed on the water tank. Councilman Tomsic seconded, approved unanimously. Administrator McClure also informed the Council of a letter from Zoning Administrator Frank Kelley, included inthe Coun- cil's packets, involving the Jody Bierschied pigeon variance on Bartlett Street. The Bierschied's feel they were not given fair treatment and want to appear before the City Council. They appeared before the Board of Adjustments on two occasions, but at both meetings a quorum was not present; therefore, no action was taken. Some discussion followed as to their request to the Board of Adjustments for a 64' variance, as the q2uestion or request may be better described as a permitted use or nat a permitted use allowing pigeons in an R-2 Residential Zone rather than the placement of the pen. Councilman Brewer made the motion to allow Mr. Bierschied to come before the Council for a definite response to the pigeons at 640 Bartlett. Councilman Tomsic seconded the motion, approved by majority vote. three affirm- ative and one negative. Councilman Kelling mentioned a phone call she received from Mrs. Stocks regarding a complaint that had been filed against the Stocks' regarding their in -home business and various other matters. May details were discussed concerning this problem with the Attorney, Chief of Police, Zoning Adminis- trator, Mayor and Administrator. Evidently it is a neighbor- hood dispute. Mr. Stocks suggested to the Mayor that someone be appointed by the City and paid by Mr. Stocks to take a survey of the residents as to whether or not the Stocks' in -home business has created a problem for the neighborhood. Councilman Brewer asked that Councilman Tomsic help in seek- ing some help from members of the Recreation Board for the up -coming, Volleyball and Softball Tournaments. He was not requesting money, just physical help. Councilman Tomsic suggested Councilman Brewer contact the new chairman Mr. Arthur and set up a meeting with the Board. Mayor Jacobs told the Council he has had several requests from the Racing Association to use or buy the 1957 Chevrolet Water Truck. The truck was acquired through State Surplus. Mayor Jacobs suggested it be given to the Racing Association; the truck did not have any value, it has been out of serv- ice for years. There was some question if it should be sold for a dollar, but then it was pointed out that the City would have to go out for bids on it. Attorney Coffman stated that if it was declared no value to the City, it could be given away. Councilman White made the motion the Council authorize the Mayor to dispose of said property, a 1957 Chevrolet Truck as it has no value and give it to the Red Rock Racing Association. Councilman Brewer seconded approved unanimously. Councilman Tomsic made the motion the Nielson, Maxwell and Wangsgard (Pittsburg DesMoines) bill for the water tank in the amount of $71,472.33 be added to the $26,909.46 in bills submitted and authorize payment of the bills for a total of $98,462.79. Seconded by Councilman Whtie, approved unanimously. Councilman White moved the meeting be adjourned at 10:25 P.M., seconded by Councilman Tomsic, approved unanimously. 151 CITY COUNCIL February 17, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers. Councilman Peterson called the meeting to order at 8:04 P.M., as Mayor Jacobs was out-of-town. Present were Councilmen Tomsic, White, Brewer and Kelling. Also present were Attorney Coffman, Administrator McClure, Chief of Police Stiles, Secretary Johnson, the Media and nine citizens. Councilman Brewer made a correction to the minutes of Feb- ruary 3, 1981 meeting, on page two, first paragraph, third sentence, the last word should be "interogatory". Council- man Tomsic made corrections to two typing errors, the first on page two, forth paragraph, "Attorneys" and page three, third paragraph, the last sentence, Councilman "White". Councilman Tomsic so moved the minutes of the February 3, 1981 meeting be accepted as corrected, seconded by Councilman Kelling, approved unanimously. C) The Planning Commission has recommended the application 0 submitted by Mr. and Mrs. Tim Jordan be granted a home t .i occupation for a part-time gun repair shop. The Jordans W reside in an R-2 Zone at 359 1/2 East Center Street, the ;4 gun shop will be for repairs only with no sales involved.Mr. Jardan has already received the necessary Federal Fire Atms licensing. The Council discussed very friefly the location, the increase of traffic, the type of sign, and if any of the neighbors objected. Mr. Jordan replied, all of the neighbors he spoke with were not opposed. Councilman Brewer made the motion the Council accept the recomendation of the Planning Commission and grant a conditional use for the gun -repair shop, seconded by Councilman Kelling, approv- unanimously. Mr. Jody Bierschied appeared before the Council requesting a response to a 64' variance for keeping pigeons at his residence at 640 Bartlett. He applied to the Board of Adjustments for the variance in November. Administrator McClure brought the Council up to date by explaining the case and the difficulties in attendance by the Board of Adjustments members for the meetings; and the fact thtat there was an error made by the previous Building Inspector in determining the variance to be an allowable use; when it is not. The discussion covered the definition of pigeons, their pens or coops, the re-evaluation of the ordinance and the complaints from the neighbors. Administrator McClure further explained that this should not of even gone before the Board of Adjustments as pigeon raising is not an allow- able use. Councilman Brewer made the motion to deny Mr. Bierschied's request and refund the $10.00 variance fee. Councilman Tomsic seconded, approved unanimously. Mr. Bier- schied asked what the time period would be for removing the pigeons. Attorney Coffman replied (immediately) by Friday. The Animal Control Officer will check on the fol- lowing Monday to see that they have been removed. Mr. Bierschied indicated that the pigeons would not be removed unless by Court Order. Attorney Coffman stated that Mr. Bierschied could be cited for violation of the Zoning Ordin- ance. Attorney Coffman mentioned two letters he had received, the first letter from Murray City discussed the sales tax distribution changes being considered by the legislature and the adverse effect the change would have on the City. The second letter was from the Utah Association of Governors requesting assistance from Moab City and Grand County in identifying small parcels of federally administered land adjacent to the City that is not suitable for multiple use and could be used to provide room for civic growth. Attorney Coffman suggested that the Council set up a meeting with the new District Manager of the BLM, Pete Christensen, as the BLM has detailed maps of the _sixcrx unding areas. Regular meeting and attendance Minutes approved with corrections Gun repair shop home occupation granted Bierschied pigeon variance Murray City letter and BLM meeting I52 Continued Utah Gas Law Suit Olan Mills paid transient merchant lisence Chief Stiles to Attend Chiefs Conference Organizational chart changes approved Sales Tax distribu- tion changes( Workshops and written guidelines for BOA and PC Possible Zoning violation at 490 Marcus Ct. Natation of error in minutes of 7/3/79 Also comments were made that the newly appointed director of the Travel Council and Economic Development Committees can also be of assistance in this matter. Administrator Mc- Clure agreed to set up the meeting. Attorney Cofman briefly commented about receiving copies of a case in the United States District Court. The State of Utah is filing suit against Utah Gas Service Company and others. He indicated that Rio Algom Corp., Atlas Miner- als, Millers, Peterson Ford Company and Grand County School District had sued Utah Gas Service Company for pirce fixing. Attorney Coffman told the Council that he did receive a check for $500 from Olan Mills Photography for the transient merchant license. He also mentioned submitting a letter to the Council suggesting that the transient merchant ordin- ance be amended making an incorporate surety bond or cash mandatory. He felt something along those lines would be more effective in order to weed -out the fly-by-night opera- tions. Administrator McClure requested travel authorization for Chief of Police Stiles to attend a Utah Chief Association Annual Conferance on March 18th through March 20th. Council- man Tomsic moved to grant the travel request, Councilman White seconded,approved unanimously. Administrator McClure also mentioned two organizational chart changes. As a result of the City's determination to purchase a computer system, a Data Processing branch must be created. The Data Processing should be a branch from the City Administrator's department, rather than a seperate department. Councilman Tomsic made the motion the new organizational charts be adopted, making the Data Processing Department an arm of the City Administrator/Re- corder's responsibilities and have it remain under control of the City Administrator. Seconded by Councilman White, approved unanimously. Administrator McClure went on to say he felt no additional personnel will be needed as a result of the purchase of the computer system. Councilman White had several questions regarding the letter from the Murray City Corporation regarding the sales tax distribution changes. Administrator McClure explained to the Council how detrimental it would be for the City of Moab if the legislature goes ahead with this proposal. The tax revenue loss to Moab City would be approximately 18.4% or $65,418 of collected sales tax. Administrator McClure said the Mayor was in Salt Lake attending meetings in regards to this matter. Councilman Brewer told the Council he spoke with Mr. Bill Howell, Executive Director of the Southeastern Utah Associa- tion of Governments, concerning some training for the Board of Adjustments and the Planning Commission. Some kind of training would enable them to know what their responsibil- ities and duties are and aid in making more knowledgeable decisions. Also the Boards are having a problem getting a quorum; therefore an attendance record needs to be set up. The poor attendance results in the high cost of advertis- ing and rescheduling meetings. A meeting or workshop could be set up or a set of written guidelines be issued providing information for the groups. Councilman Peterson asked that the Building Inspector/Zoning Administrator Kelly be asked to investigate a possible zoning violation at a residence at the end of Marcus Court and Fifth West belonging to the Episcopal Church. The Church has evidently leased the house to the Outward Bound Associa- tion, a survival training organization. Several neighbors have noticed as many as 14 cars parked at the house at one time. Councilman Peterson said he thought this would probab- ly come before the Council and should be looked into. Councilman Tomsic mentioned an error in the minutes of an executive session of July 3, 1979 dealing with the City Administrator and the spending of un-budgeted monies and 15 o ca 4.1 especially with pay raises. Three words were left off, "with Council approval", indicating the City Administrator has the authority to authorize 2-step pay increases. This should have been corrected in the minutes but was overlook- ed. Councilman Tomsic went on to say there was absolutely nothing the Council could do about it now, but did want it stated that we are aware of the error. She cautioned the other members of the Council to check the minutes very carefully. Councilman Tomsic stated that she received an anonymous letter and with Council knowledge, gave the information to the County Commissioners to act upon. Councilman Tomsic also made the motion the Council, after the regular meeting, adjourn and go back into executive session to hear the completion of Chief Stiles report. The Council met earlier, but due to the length of the re- port, was unable to complete it. Seconded by Councilman White, approved unanimously. Councilman Tomsic made the motion the Council adopt the new organizational chart for the Police Department as pre- sented by Chief Stiles. Councilman Brewer seconded, approv- ed unanimously. Councilman Peterson, speaking for the Mayor, mentioned a revised water purchase agreement between the City of Moab and the Spanish Valley Water and Sewer Improvement District. Administrator McClure was asked to set up a meeting with all of the parties involved; the Spanish Valley Water and Sewer Improvement District, Grand County Conservancy District, the Special Improvement District and the City, to finalize the agreement. Administrator McClure said he would arrange a meeting with the four groups early next week. Attorney Coffman has been given a copy of the most recently revised agreement to review. Copies will be given to the Council before the next meeting to review and act upon. Councilman White had a question on the bill from Grand County on the dump maintenance in the amount of $919.90. There was some discussion as to the procedure of the Commis- sioners in reviewing the bills submitted for payment. There was also some question about floweres sent to employ- ees in the hospital. Councilman White made the motion the bills in the amount of $66,888.49 be paid as submitted, including the dump maintenance bill, subject to Administrat- or McClure checking with the County Clerk. Seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic made the motion at 9:38 P.M., the meeting be adjourned into executive session to further discuss the plans for the re -organization of the Police Department. Seconded by Councilman Kelling, approved unanimously. The Council adjourned the Executive Session at 11:38 P.M., further stating that a Council meeting will be held on Wednesday, February 18, 1981 at 5:00 P.M. to make a final decision on the proposal from the Police Department. SPECIAL CITY COUNCIL MEETING February 18, 1981 A special meeting of the Moab City Council was held on the above date in the City Council Chambers. The meeting was called to order at 5:06 P.M. by Councilman Peterson as Mayor Jacobs was out-of-town. Present were Councilman Brewer, White, Tomsic and Kelling. Also present were Attor- ney Penney Coffman, Administrator McClure, Police Chief Stiles, County Attorney Benge, and Secretary Johnson. Councilman Peterson reviewed a survey conducted by the Error in minutes, continued Anonymous letter received by Councilman 'Tomsic Executive Session to hear Chief Stiles report. Adoption of new organizational charts Water purchase agreement Approval of the bills Adjournment Executive Session Special meeting and attendance 1, 5 4 Survey conducted by SEUAOG, police protection top priority Job descriptions approved Two new positions authorized, Police Captain and Sergean $8,950.00 Author- ized for new positions Administrator to review budget Budget - start gathering anticipat expenses Responsibility to submit budget reques Southeastern Utah Association of Local Governments about one year ago. Councilman Peterson commented that, according to the survey, 86 per cent of the citizens contacted felt that the increase in crime -and drug abuse was serious and 61 per cent of those contacted felt that law enforcement in the City was failing to meet the increasing crime problem in our City. Councilman Peterson went on to say, as a result of this information being available for the Council to study, the Council is prepared to make some important changes in the Police Department in dealing with the problems that exist in this community. Although some of the changes would result in increased spending, the Council felt that the additional cost could be absorbed in the present allocated budget for the department. Councilman Peterson said it should be noted at this point that the same survey also showed 72% of those contacted felt that Police protection should be a top priority in spending tax dollars. Councilman White made the motion that the job descriptions for Police Captain, Police Sergeant, Officer I, Officer II and Community Services Officer I be approved as submitted with the addition of a clause requiring a valid Utah Driver's License be held by each officer. Seconded by Councilman Tomsic, approved unanimously. Councilman Kelling moved that two new positions be authorized as per the organizational chart: Police Captain at a grade 20, step 1; Police Sergeant at a grade 18, step 1 and that the City Administrator be instructed to implement the neces- sary documentation immediately to fill the positions.Council- man Brewer seconded the motion, approved unanimously. Councilman Brewer stated that before he made a motion he would like to state that the Council has done a cursory review of the Police Departments allocated budget and it appears that there is sufficient monies available in the departments budget to accomplish this re -organization without any additinal appropriations. The monies he refered to are monies allocated for salaries in the budget approved for fiscal year 1980-1981 that were not filled when the position becane available. With that brief explanation, Councilman Brewer moved that $8,859.00 be authorized for spending for the remainder of the fiscal year to accomodate the new positions and other re -organization expenditures. Councilman Kelling seconded, approved unanimously. Councilman Tomsic stated even though the Council has done a cursory review of the Police Department's budget, it is essential that the integrity of the 1980-1981 budget not be violated. She moved that the City Administrator be instr- ucted to throughly review the approved General Fund budget to make projections as to the needs of the City to June 30, 1981, to make sure that spending will not exceed the approved budget. If it appears, in the judgement of the Administrator, that the budget will be exceeded, that he make recommendations to the Council as to the programs and/or purchases not encumbered that can be curtailed or held in abeyance for the next fiscal year to keep the expenditures at the level previously approved. Councilman White seconded, approved unanimously. Administrator McClure mentioned that he was in the process of reviewing the State Laws as they pertain to the require- ments for submission of the budget to the Council. There are some specific deadlines that we are required to meet. Some of these deadlines were over -looked in previous years. Administrator McClure asked that the Council start thinking of the needs and anticipated expenditures and submit a list to him byu the first part of April in order for him to get the budget under way for the 1981-1982 Fiscal year. One expenditure that was mentioned that was not budgeted was the Christmas Party. Councilman Tomsic asked whether it was her responsibility, sas representative for the Recreation Board, to bring up the budget or is it the responsibility of the Chairman, Paul Arthur. Administrator McClure explained that a letter 155 will be sent askine for submission of anticipated expend- itures. Councilman Kelling waited' to acknowledge acceptance of a letter from County Attorney Benge commending the Police Department. The Council made many favorable comments about the new Chief of Police and his speaking engagements recently. They felt he should go on the Moab Report Show with his ideas and plans for the Police Department. Councilman White made the motion the meeting be adjourned at 5:35 P.M., seconded by Councilman Tomsic, approved unanimously. CITY COUNCIL MARCH 3, 1981 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 8:00 P.M. Present were Councilmen- Kelling, Tomsic, Peterson and White. Councilman Brewer was out-of-town. Also present were Attorney Coffman, Engin- eer Keogh, Administrator McClure, Animal Control Officer Steele, Secretary Johnson and members of the Media. Councilman Tomsic made a correction to the minutes of the meeting of February 17, 1981: 0n page three, fifth paragraph second sentence, the part reading ..."in speaking" should read "indicating". Councilman White made two corrections, also on page three, fourth paragraph, second sentence, the word Episcopal was misspelled; and in the first para- graph, the word "actually" should be omitted and insert "In a manner of ,peaking half an employee". With those changes, Councilman White made the motion the minutes of the Regular City Council meeting of February 17, 1981 be approved. Seconded by Councilman Tomsic, approved unanimou- sly. Councilman Tomsic made the motion the minutes of the Special Meeting of February 18, 1981 be approved as submitted. Councilman Kelling seconded, approved unanimously. Council- man White made comment about including Attorney Bill Benge in attendance at that meeting; Administrator McClure inform- ed Councilman White that someone with an official title in attendance is recognized. Attorney Coffman said City and County officials met with BLM Grand Mesa Manager Pete Christensen to discuss identify- ing small parcels of federally administered land for commun- ity needs. Engineer Keogh mentioned some construction going on in the Arches and Palisades Subdivisions. Curb and gutters are being installed in both.and some water and sewer mains have been placed in the Palisades Subdivision. Attorney Coffman mentioned a problem with dogs running at large in trailer parks. He commented that the problem has grown to "critical proportions". Many calls have been received from tenants requesting dogs be taken care of within the trailer park. Once park owners authorize their tenant to have dogs and pets, they are no longer subject, as the parks are private property. Mayor Jacobs said that, although he sympathized with trailer park residents who have complained, he did not think it was the City's respon- sibility to control the animals. Attorney Coffman mentioned some overall deficiencies of the statute of the animal code. He suggested to make some revisions with the aid of the code from Springville City. He said Attorney Penney Coffman would dictate a cover letter outlining some of the Springfield code and the Council will receive copies to review and act upon. A public hearing will be held. County Attorney's letter noted Compliments to the Chief of Police Adjournment Regular meeting and attendance Approval of the Minutes Approval of the special meeting minutes City, County and BLM meeting Construction in two subdivisions Dogs running at large in trailer parks 156 Water agreement Resolution creating League of Cities and Towns entity President Reagan's cuts will abolish the AOG Zoning violation on Marcus Court Pigeon violation resolved Dump maintenance bill c.._rect Bidding procedure waived for asphalt mixer Tomsic and Peterson appointed to review Policy and Procedure Manual Attorney Coffman said he is in the process of drawing up a very broad draft of the agreement between the City and the Conservancy District combining the two agreements discus- sed at a joint meeting of the Conservancy Districts, Spanish Valley Water & Sewer and the City. He said he would draft this very broad agreement keeping in mind the old sewer agreement. This draft will be presented at the next Council meeting. Attorney Coffman mentioned the Utah League of Cities and Towns has decided to become formal and adopt a resolution creating the Utah League of Cities and Towns as an entity of local governments under the provisions of the Interlocal Cooperation Agreement Act. The purpose of the creation of the entity is to provide headquarters, library and inform- ation for the collection and dissemination of information relating tomunicipal matters. Also to provide meetings and promote education to municipal government. Mayor Jacobs asked Attorney Coffman to review the proposed resolution and advise the Council. Councilman White asked what the fee for dues was based on, Mayor Jacobs told him they were based on location and population. Attorney Cofman commented on President Reagan's State of the Union Message indicating that the Federal Economic Devel- opment Administration may be abolished, which directly af- fects Southeastern Utah Economic Development District. The Southeastern Utah Economic Development District is a source which saves the matching fund grants that are put into four counties. The Economic Development District is the funding source that allows the AOG to operate. Attorney Coffman said this would effectively abolish the Southeastern Utah Association of Governments. Mayor Jacobs, Chairman of the Board of AOG, stated that funding for the association will continue until at least September of 1982. Administrator McClure reported back to the Council regarding several items he was asked to investigate at the last meeting A possible zoning violation on Marcus Court with numerous cars parked at the residence being rented by Outward Bound Association. Zoning Administrator Kelley investigated the premises and reported to Administrator McClure that all of the cars have been removed; he also informed us the Outward Bound group they would have to have a co.ditional use permit to allow for such a use of the building. Administrator McClure reported that Zoning Administrator Kelly wrote a letter to Mr. Bierschied regarding his pigeons stating they must be removed within five days in compliance with the ordinance. He returned after five days and they pigeons were gone. Administrator McClure checked with County Clerk Bobbie Domen- ick regarding a dump maintenance bill questioned in the last meeting. County Clerk Domenick double-checked the bill and assured Administrator McClure that the amount of $919.90 was correct. Administrator McClure informed the Council the City's 22 year -old asphalt mixer is worn out and has to be replaced. After doing some investigating, he learned there is only one company in the United States that makes the size and type the City needs. The cost will be $5,885.00, F.O.B. Oklahoma. Administrator McClure also told the Council he could see no reason to go through the bidding process . Councilman Tomsic made the motion the Council waive the bidding procedure on the asphalt mixer and proceed with purchasing. Seconded by Councilman Kelling, approved unanimously. Administrator McClure mentioned it is getting close to budget time. As a result of the changes in the salary schedule, Administrator McClure asked the Mayor to appoint two Council members to review salaries and grades as there are some discrepancies. There are also some discrepancies in the rules and regulations in the Procedure and Policy Manual. 151 CD L.) :L1 Mayor Jacobs appointed Councilmen Peterson and Tomsic to review the Policy and Procedure Manual, as they were both involved in the preparation of the manual. Councilman Kelling told the Council of a claim that was filed with Farmers Insurance, the City's insurance carrier, regarding a sewer stoppage at the residence of Mr. Snowden. The claim was denied by the Company, therefore, Mr. Snowden has filed a law suit against the City through Attorney Coffman in the amount of $2,000 for danages from the sewer back-up. This will also be denied; Farmers Insurance will take care of the claim. Councilman Kelling mentioned how nice the street looks that she lives on (East Second North). Mayor Jacobs went on to explain how expensive and what an effort is involved in keeping the streets clean. He mentioned a possible cut back in the cleaning service, as it costs approximately $150 per day to operate the street cleaner. Councilman Tomsic presented a request to the Council from Mrs. Flora Evans regarding her high water bills. Councilman Tomsic explained that Mrs. Evans' bills totaled $40.00 over what they ran last year. She went on to explain that Mrs. Evans was out-of-town for a month and spent consider- able time in the hospital during these months and was not using water. After an inspection by the City crews leaks in two of. her outside faucets were found. After some dis- cussion, the Council felt she was responsible for the leaky faucets; but under the circumstances and being on a fixed income they agreed to credit her water bills, not sewer or garbage. Councilman Tomsic made the motion to grant Mrs. Evans a $40.00 credit on her up -coming water bill and a letter be written to that effect. Seconded by Council- man White, approved unanimously. Councilman White suggested that the letter contain information about notifying Mrs. Evans when she is going out of town to notify the City that the water can be turned off, thereby she wouldn't be charged for it. Councilman Peterson suggested that someone encourage the Jaycees to take down the Christmas Decorations. Mayor Jacobs said he would try to contact their president, Dan Fossey. Councilman Tomsic presented another letter addressed to the Council from Moab Art Guild in regard to reserving the City park for an art festival to be held the weekend of May 23rd and 24th (Memorial Weekend). Reservations are not taken for the park, although they should be given permission and be informed of some requirements. Mayor Jacobs told Councilman Tomsic to tell them Okay. Councilman Tomsic asked where the annexation plan stands now; and what are the next steps to be taken. Administrator McClure explained the Council must adopt an ordinance. Once the ordinance is drafted, the Council and Attorney will review it, then a public hearing must be held. Councilman Tomsic moved to instruct Administrator McClure to implement the Fleet Management Program into the 1981-82 budget without additional personnel or cost to the City. Councilman Kelling seconded, approved unanimously. Councilman Tomsic also made the motion the Council approve a blanket policy for travel expense for Mayor Harold Jacobs for all in -State travel in keeping with Policy and Proced- ures. Councilman White seconded, approved unanimously. Councilman Tomsic suggested the Council consider Joining the Ambassador Club in Salt Lake. Joining the club will enable City employees to stay there at a cost of only $13.0. per room and there is a restaurant and bowling alley. It would save the City money in the long run. The member ship is a $100.00 one time membership. Also they sen• one itemized bill monthly including the meals in the restau rant and rooms combined. Claim filed on sewer back-up Compliments on the clean streets in the City Mrs. Flora Evans granted credit on water bills Take down Christmas decorations Art Festival at City Park Annexation Plan Fleet Management Plan adopted Blanket Permit for Mayor's travel City to consider Joining Ambassador Club in S.L.C. 158 Sign for new Rotary Park Senior Citizens Housing Bills Approved Adjournment Regular Meeting and Attendance Minutes Approved Mrs. VanDike referr- ed to B.O.A. Tom Stocks denied outside employee request Mayor Jacobs told the Council he had been contacted by a member of the Rotary Club requesting a sign he erected at the new Rotary Park across the street from the Southeast Elementary School. He went on to say three picnic tables have been made, three more almost finished and six grills for the park. Attorney Coffman commented that they have almost $6,000 for restroom facilities. Councilman Tomsic made a motion, the Council put Mayor Jacobs in charge of seeing that the new Rotary Park sign be put in the right place and is the correct type and the correct material. Seconded by Councilman Kelling, approved unanimously. Mayor Jacobs mentioned to the Council he had heard some talk about low cost housing for senior citizens. He said he has not heard any formal announcement, just that someone was looking into the property along Kane Creek Boulevard by Mountain View. Mayor Jacobs urged the Council to get information about the proposed housing project. Councilman White made the motion the bills be paid in the amount of $39,918.14, plus the parking ticket. Seconded by Councilman Tomsic, approved unanimously. Councilman Tomsic made the motion the meeting be adjourned at 9:26 P.M., seconded by Councilman White, approved unani- mously. CITY COUNCIL March 17, 1981 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 8:02 P.M. Present were Attorney Coffman, Administrator McClure, Councilmen Brewer, White Kelling, Tomsic and Peterson, Secretary Johnson, the media and fifteen citizens. Councilman Kelling made the motion the minutes of the March 3, 1981 meeting be approved with corrections to four typing errors. Seconded by Councilman Brewer, approved unanimously. The Council heard a request from Mrs. Ingerborg VanDike, asking to occupy a mobile home she owns that is parked at 63 East Third South. Mrs. VanDike owns the lot on which this mobile home is located, a section of the lot has another mobile home parked on it. She does not own the other mobile home, but rents the space. Mr. VanDike placed her mobile home on the lot to store a year ago, white she left the City. She is not returning to Moab and would like to occupy the home. The Council discussed this at some length and suggested that Mrs. VanDike make application to the Board of Adjustments. Mrs. VanDike must seek a variance from the Board in order to occupy the trailer as the City ordin- ance prohibit having two dwellings on a single lot as defined in Section 27-4-2, (H). Mr. Thomas Stocks appeared before the Council requesting to hire an outside, non -family member employeed to be employ- eed in him home accounting business. Mr. Stocks resides in an R-2 Zone, at 505 Rosetree Lane. Mr. Stocks met with the Planning Commission who denied his request stating that the Planning Commission does not have the authority to grant such a request, also further stating in order to allow such a use the Council has to amend the existing ordinance. Mr. Stocks explained that the additional help is needed during the income tax period and would only be on a temporary part-time basis. He said he had substantial parking spaces. Attorney Coffman mentioned several other sections in the code book governing this situation. The code is explicit stating employees in the immediate family only. Councilman Tomsic made the motion to table this discussion until further information can be obtained. Councilman White seconded the motion, accepted unanimously. The Planning Commission's recommendation to the Council was to amend the ordinance, defining "Home Use" and "Conditional Uses", to allow one 159 outside employee. Councilman Tomsic made another motion denying the recommendation of the Planning Commission, and also to deny the conditional use permit. Seconded by Councilman Brewer, approved unanimously. Mrs. Susie Gregory appeared before the Council concerning the management of the Old City Park. Mrs. Gregory, a resi- dent of Cedar Hills area has taken her son to the park to play on several occasions and was treated rudely with abusive language, had sprinklers turned on her and was told she could not use the park facility. Mrs. Gregory, along with other residents of the Cedar Hills, would like to use the park as it is closer than the new park. She was aware that the park was reserved for groups to use in the evenings and weekends. She said she was also aware the park had scheduled watering times and maintenance times. Mrs. Gregory had several letters and a petition from the Cedar Hills residents, who were also treated abruptly by the park caretakers, requesting that the caretakers be reprimanded or replaced. Members of the Council felt the problem should be dealth with and Mrs. Edwards should be C7 spoken to concerning her attitute. Councilman Tomsic said she felt Mrs. Edwards should be allowed to voice her opinion ri and have the Council hear her side of the story. Adminis- CU1.7 trator McClure mentioned that the Mayor was aware of the GOproblem and is not ignoring the situation. Attorney Coffman mentioned a preliminary final draft of the water purchase agreement between the City of Moab and the Grand County Water Conservancy District. A few minor changes have been made but this agreement is primarily the original agreement with a few minor changes in the technical language. Attorney Coffman suggested a public hearing be set for the first Council meeting in April so that necessary advertising can be done. Councilman White made the motion a public hearing be held April 7, 1981 at 8:00 P.M. at the regular City Council meeting to approve and adopt the water purchase agreement between Moab City and Grand County Water Conservancy District, a political subdivision of the /state of Utah. Councilman Tomsic sec- onded, approved unanimously. Attorney Coffman mentioned two letters regarding the recent shooting incident in the City. Attorney Coffman received the reply from the Statewide Association of Prosecutors, defining to take action on the prosecution of bobby R. Starrett. Attorney Coffman also briefly commented on his reply letter of appreciation. Attorney Coffman also mentioned several civil actions inclu- ding an accident resulting from chuck -holes at the intersec- tion of Second South involving two ladies. Attorney Coffman stated that the City along with the DOT were sued in this case. He also mentioned other pending matters involving a suit during construction of the Millcreek bridge and a mo-ped; a suit filed against a previous building Inspector and a faulty inspection of a motel swimming pool. Attorney Coffman said he had reviewed the resolution prepar- ed by the League of Cities and Towns. He told the Council to move slowly on any action taken in that matter until further investigation can be done. The resolution stipu- lates a 50-year membership and does not have provisions for discontinuing membership. Administrator McClure presented the Council with a hardship letter from Sandy Sivils. Her water has been turned off and charges filed against her for the unpaid balance. She signed an agreement with the City to make payment of $15.00 per month on the past -due amount so that the water could be re -connected. She must also pay her current bill as it comes due each month. Her letter requested the past due amount be waived and she be allowed to continue receiv- ing water without obligation to pay the past due balance. Councilman Peterson made the motion the request be denied, Councilman Tomsic seconded, approved unanimously. Toms Stocks continued Mrs. Gregory re: Old City Park Public hearing set to adopt water purchase agree- ment Bobby R. Starret Case Pending Law Suits Resolution of League of Cities and Towns discussed Sandy Sivils Letter 160 Loretta Elliot authorized to become Notary Treasurer McLeod to attend conference Ronald L. Garrett hired as new Police Officer Daniel K. Ison hired as Police Captain Sewer Rates discussed Loretta Elliot and Joel Hayward pay in- creases granted Administrator McClure presented a request from Chief Stiles asking for authorization for his secretary Loretta Elliot to become a Notary Public. Administrator McClure stated that there are many documents that have to be notarized. The total cost, including the seal and bond is approximately $75.00. Councilman Kelling made the motion giving authoriza- tion for Mrs. Elliot to become a Notary. Seconded by Council- man Brewer, approved unanimously. Administrator McClure presented another request from City Treasurer Barbara Mcleod to attend a Utah Municipal Treasurer Conference in Springville, Utah on April 22, 23 and 24. Councilman White moved the Council authorize Treasurer McLeod to attend the Conference. Councilman Brewer seconded, appro- ved unanimously. The total cost will be approximately $150. Administrator McClure presented the Council with a recommend- ation to hire a Police Captain and Police Officer I. The applicants resumes were reviewed and narrowed to the top three applicants by Administrator McClure; upon doing so Chief Stiles conducted an oral interview. Chief Stiles recommends that Ronald L. Garret, who has a Bachelor degree of Science in secondary education be appointed. He attended E.Y.U. and is Utah certified. Councilman Tomsic made the motion we hire Ronald L. Garrett as Police Officer I, with a beginning salary of $1,125.00 per month. Seconded by Councilman White, approved unanimously. Administrator McClure explained the same procedure was fol- lowed in the elimination of applicants for Police Captain. Administrator McClure selected the top three applicants after reviewing their back grounds then Chief Stiles inter- viewed the applicants. The sucessor of the applicants for the position of Police Captain is Daniel K. Ison of Colorado. He has had extensive and well-rounded experience in all phases of police work. Councilman Tomsid moved the Council authorize the hiring of Mr. Ison as Police Captain at the beginning salary of $1,521.00 per month, Grade 20, Step 1. Councilman White seconded, approved unanimously. Administrator McClure explained to the Council members that the operation of the sewer system this year may result in a deficit of $50,000, thus requiring a rate increase. Admin- istrator McClure said that the cost of providing sewer ser- vice to both the City and Spanish Valley Water and Sewer Improvement District currently runs $82,195.00 annually. In addition, City users must fund an additional $59,003 for maintenance, administrative and executive services. Based on a breakdown of total operational costs, residents of Spanish Valley would pay about $4.49 per month per custom- er. However, additional costs outlined above would raise the monthly rates of City residents to $6.97 per month, per customer. These figures are based on a total of 2,100 customers with 1,500 of the total residing within the City Limits. Administrator McClure went on to say that federal regulations require the City to provide substantial funding for sewage treatment. He commented that it costs the City the same amount to service a population of 6,000 as it would to service a population of 12,000. In effect the stringent Federal and State standards reduce the capacity of the waste water treatment plant. He told the Council without substan- tial up -grading of the plant, no new connections could be added. Water service costs will also be broken down and examined. Mayor Jacobs added that the City may have to operate the treatment plant on a 24 hour basis in the future, rather than the current eight -hour operating schedule. A public hearing is scheduled for April 7, 1981 to discuss the sewer rate increase. Chief Stiles submitted a letter asking for probationary pay increases for Officer Joel P. Hayward and Secretary Loretta Elliott. After some discussion, Councilman Tomsic made the motion the Council approve the recommendation from Chief Stiles to raise Loretta Elliott's salary to $835 per month and Officer Haywards to $1,155 per month. Councilman Kelling seconded, unanimously approved. 161 Councilman Brewer inquired as to the sttus of the new annex— ation plan. Administrator McClure informed Councilman Brewer the next step to be taken is for the Attorney to review and determine correct language in the master plan and then the Council should review and make recommendations for changes at this point. Councilman Brewer made the motion advetisement be made for a public hearing for the purpose of adopting the formal statement of the Master Annexation Plan. The date for the public hearing is to be determined by the Administrator. Seconded by Councilman White, passed unanimously. Councilman Tomsic told the Council about 40 acres of land located near the City's #9 well that Bob Norman has for sell at a price of $2,000 per acre. Mr. Norman told Council— man Tomsic he knows there is water on the property. Mayor Jacobs told Councilman Tomsic the City is always interedted in new water prospects, but there is not money available. Councilman Tomsic asked the Mayor and Council if there was a state law still in effect that prohibits or limits C't5 building around the City's wells. Mayor Jacobs told Council— man Tomsic that the City can not limit building; the City has to buy the land. W cCouncilman Tomsic also suggested that the Council set up another meeting with the Grand County Water Conservancy and Improvement District to discuss upgrading and improving the disposal plant so everyone can make necessary arrange— ments for funds. Mayor Jacobs said he was very much in favor of the meeting. Councilman White asked about a sales clerk at the Gofer Food Store that sold beer to a minor and, if the case was taken to court, what the status was. Attorney Coffman informed him that the employee was fired and the case did go to court and the store owner was fined. Administrator McClure said the Police Department is working hard to cut down on the alcohol juvenilles have access to in the City. Councilman Kelling commented briefly on the letter from the Statewide Association of Prosecutors and Attorney Coff— mans reply. She also mentioned a complaint from Mr. and Mrs. Grundvig regarding a yard near their residence. Mayor Jacobs and Administrator McClure assured Councilman Kelling the zoning violation with the yard is being taken care of. Mayor Jacobs asked the Council members to accompany him to visit Mrs. Edwards at the Old City Park to hear her side of the story. The visit will probably take place the first part of next week. Councilman White moved the bills be approved as submitted in the amount of $31,202.52. Councilman Tomsic seconded, approved unanimously. Councilman Kelling moved for adjournment at 11:17 P.M., seconded by Councilman Tomsic, approved unanimously. CITY COUNCIL April 7, 1981 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 8:02 P.M. Present were Councilmen Brewer, Kelling, Tomsic and White. Councilman Peterson was absent due to illsiess. Also present were Attorney Coff— man, Administrator McClure, Engineer Keogh, County Commis— sioner Ray Tibbetts, K. E. McDougald, Dave Bretzke, Secre— tary Johnson, the Media and six citizens. Annexation Plan Hearing to be scheduled Land near City's well for sale Building near well sites Expansion of Disposal Plant Beer Sales to Minors Zoning violation Council to accompany Mayor to Old City Park Bills approved Adjournment Regular -meeting and Attendance 1G2 Minutes approved with Corrections Public Hearing adopting water purch- ase agreement Public Hearing for sewer rate increase Ordinance 1-81 Councilman Tomsic made two corrections to the minutes of the March 17, 1981 minutes: Page one, first paragraph, the Council members in attendance need to be mentioned. Page four, first paragraph, second sentence "is" should be changed to "it". With those changes, Councilman Tomsic moved the minutes of the March 17, 1981 minutes be approved with the corrections. Councilman White seconded, approved unanimously. A public hearing was held to approve and adopt the water purchase agreement between Moab City and Grand County Water Conservancy District. Attorney Coffman stated that the final draft was the seventh such draft and was dated March 14, 1981. Under this agreement the City agrees to purchase water for the next thirty-five years beginning in 1981 with 600 acre/feet until we reach the maximum of 1,000 feet inn 1986.During the first five years of the agreement the City will purchase the water at $70 per acre/foot. In 1986, the City will purchase the water at the District's cost. Council- man Brewer made the motion to adopt and apprve the water purchase agreement between the City of Moab and the Grand County Water Conservancy District, dated March 14, 1981 to be effective as of January 1, 1981. Councilman Tomsic seconded, approved unanimously by roll -call vote. A second public hearing was held for the purpose of increas- ing the sewer rate. Administrator McClure presented to the Council and public a detailed study of the cost of operating the Disposal Plant. He stated that after reviewing the re- cords it was evident tht the City was not recovering the expenses for operating the plant. The increase will raise City customers monthly bills from $4.20 per month to $7.00 per month. This figure is based on an operating cost of $82,195.00 (including the addition of Spanish Valley custom- ers) with a total of 2100 customers. This figure does not include the cost of administrative, maintenance and executive expenses. This figure does not represent the bill to the Spanish Valley customers, the District will add on maintena- nce, administration and other costs. After some discussion between various members of the Council and members of the Board of the Conservancy District, Councilman Tomsic made the motion the City adopt Ordinance #1-81, setting sewer rates for the City customers at $7.00 per month, per customer to become effective with our fiscal year, July 1, 1981; and Spanish Valley Water and Sewer Improvement District in the amount of $4.50 per month effective at the beginning of the fiscal year also, July 1,1981. Councilman White seconded, approved unanimously by roll -call vote. (Ordinance #1-81 as follows:) ORDINANCE NO. 1-81 AN ORDINANCE AMENDING MOAB CITY CODE, CHAPTER 26,SECTION 63, "SEWER RATE SCHEDULE". BE IT ORDAINED by the City Council of the City of Moab that the rates for sewer service under this chapter shall be as follows: 26-63-1 Sewer Rate Schedule The rates for sewer service under this chapter shall be as follows: A. For residences, $7.00 per month per family unit. B. For commercial enterprises and churches, when toilet facilities are used by employees only, there shall be a minimum charge of $7.00 per month. C. For commercial enterprises and churches, when toilet facilities are used by the public, there shall be a minimum charge of $7.00 per month plus $4.00 per month for each toilet in excess of two. D. For motels or hotels there shall be a minimum charge of $7.00 per month plus $4.00 per month for each toilet in excess of two. 163 1-4 CO w E. For schools there shall be a charge of $5.60 per month for each one hundred (100) pupils which may be paid on an annual basis. F. For other than one -family residences, any person using water which is not furnished to him from the City water system, at their own expense and under the supervision of the City, shall install a meter in the water of 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 sec- tion for services within the City. (R.O. 1958, Section 3-2-28; Ordinance No. 1-62.) PASSED BY THE UNANIMOUS VOTE OF ALL MEMBERS PRESENT OF THE CITY COUNCIL OF THE CITY OF MOAB, UTAH THIS 7th DAY OF APRIL, 1981. OVED: JA MAYOR ATTEST: RALP CLURE, RECORDER Engineer Keogh suggested the City get figures for the cost of moving the old water storage tank up near the new tank. It will be abandoned once the new 1 million gallon water storage tank goes into service. If moved, the City could have that additional storage. Engineer Keogh mentioned that the County Commissioners approved a new zone for the valley. An A-1-R Zone, upon suggestion from the Grand County Planning Commission. This would allow 100' wide lots, 4 acre in size whereas it now is one (1) acre. This would be in the area North of Murphy Lane to Shumway Lane along Pack Creek to Spanish Trail Road to Highway 163 along Millcreek Drive and back to Murphy Lane. Administrator McClure told the Council and Engineer Keogh that this was not a good idea, it would increse the density without increasing the standards. Engineer Keogh went on to say that the City and the County need to get together and meet on the City's proposed annexation plan to benefit both groups. Attorney Coffman spoke briefly about the annexation laws the City will have to abide by when initiating their master annexation plan. He went on to state that the City cannot annex for the sole purpose of revenues. Attorney Coffman spoke about a letter regarding a meeting held several months ago involving City, County and BLM officials regarding lands in the public domain that could be transferred to the City or the County for public use or recreation. Attorney Coffman's letter was written to Secretary of Interior Watts in response to the Govenors program to return lands to local governments. Some of the areas the City would be interested in are as follows: 1. Two parcels in the vicinity of the City Dump and Dispos- al area. 2. A site near the City's water tank on the South- west side of the Moab Valley. 3. An area below the South wall of Spanish Valley. 4.- The area between the Moab City water tank on the South side of the valley on Kane Creek Road. 5. Two parcels near the vicinity of the Police Pistol Range on the East side of Highway 163 North of Moab. Attorney Coffman mentioned a new minicipal law that will affect the City Council as elected officials and appointed Ordinance 1-81 (Continued) Move Old Water Tank New zone adopted by Grand County Annexation Plan Land City is desirous of acquiring New election law 164 Sergeant Rahn to attend seminar Re -advertise for Police Officer I Beer License for Holladays at Canyon- lands Campark Budget - Calendar of events League of Cities Resolution Taxes meeting attended Commissioner Tibbetts for Land acquisition officials such as Engineer Keogh, Administrator McClure and himself. He will update the Council as more information becomes available. Administrator McClure presented a letter from Chief Stiles requesting travel allowance for Sergeant Rahn to attenf a Fire and Explorion Investigation Seminar in Grand Junction on May 18th through 22nd. The total cost of the schooling will be approximately $260.00 for four days. Administrator McClure added that his schooling can be credited to the forty (40) hours a year that the officers are required to receive. Councilman Tomsic moved the Council authorize the travel, seconded by Councilman White, approved unanimous- ly. Administrator McClure informed the Council the newly hired officer, Mr. Ron Garrett has turned down the Police Officer I position. He told the Council the City would re -advertise for that position as the Chief did not feel the other appli- cants were qualified as they were not certified or cetifi- able. Administrator McClure also presented an application for a beer license for Donald and Beverly Holladay dba Canyon- lands Campark. Chief Stiles has made a complete investiga- tion of their back grounds and recommends they be given a retail beer license. Councilman Kelling made the motion the Council grant the Holladays the beer license as request- ed. Seconded by Councilman Brewer, approved unanimously. This license would be a Class III license for off -premise consumption only, (carry -out). Administrator McClure presented to the Council an outline of events for the budget procedures and deadlines in accord- ance with State Laws. The calendar xs as follows; March 4 - March 30 - Submit forms to Department Heads to be return- ed bu the end of the month. March 30 - April 24 - The budget- ary review process by the City Administrator, as established by Ordinance, the Budget officer. May 5 - (Regular Council Meeting) - Submit budget to Council. May 5 - May 27 - Budget review by the Council. May 19 - (Regular Council Meeting) Revenue Sharing Hearing - one of two required hearings, a fact finding meeting to gather information. June 2 - (Reg- ular Council Meeting) - The Council will adopt a tentative budget so it can be advertised. June 16 - (Regular Council Meeting) - Public hearing for adoption; General Fund Money, Revenue Sharing budget and adopting budget or recessing to another date. If, for some reason, the Council does not adopt the budget on the June 16th date, another Public Hearing will have to be held before June 30, as the 30th is the deadline. Councilman Tomsic spoke about the League of Cities and Towns resolution for membership. The resolution states a 50-year membership which the Council is opposed to approving. Attor- ney Coffman suggested the Council approve the League's resol- ution by adopting a seperate resolution making them adhere to the City of Moab's terms. Aslo in the mentioned resolution state a 30-day written notice of discontinuing the member- ship. The Council agreed to have Attorney Coffman draw up said resolution and have the Mayor hand deliver the agreement this Friday. Councilman Tomsic told the Council of a meeting she and the Mayor attended regarding property taxes. She mentioned how disappointed they were in the meeting and how unorganized the format was. Commissioner Tibbetts told the group County Assessor Norma Stocks was using the figures used last year in establishing the taxes. Commissioner Tibbetts appeared before the Council to discuss the letter Attorney Coffman talked about regarding the acqui- sition of public lands. He espressed some concern that there might be an overlapping of lands the City and County had requested. Attorney Coffman explained to him that the letter was detailed in expressing what land and which agency was making the request. 16,5 VJ CD e-i U W w Councilman Kelling told the Council Mrs. Gregory had been in touch with her and reported that the manager of the Old City Park had been very cooperative. Councilman Kelling also asked about the hiring of a mechanic at a salary higher than the previous mechanic was making. Administrator McClure explained to Councilman Kelling and the Council the difference between what the previous mechan- ic was making and what the new position was being advertised for is $9.00, due to the new salary scale. This was done at this time rather than making the adjustment at budget Councilman Brewer asked about the trimming of the tree on East First South. Last fall the Council agreed to have the tree professionally trimmed. Administrator McClure told the Council he was having some difficulty finding someone with the required insurance qualified to do the trimming. Administator mcClure said he would try to locate someone to do the trimming. Councilman White made the motion the bills be paid in the amount of $33,426.50, seconded by Councilman Kelling, appro- ved unanimously. The Council discussed a building permit for some construc- tion work being done to the Hospital, which belongs to the County. The Council decided a permit should be issued, but no fees charged so that the City will have a record of the construction. The County can make the inspections as long as they meet the City's regulations and specifica- tions. Councilman Tomsic made a motion that Councilman White tell the County Commissioners, as he ahs a friendly relationship with the County that they need to take out a City building permit, although they will not be charged for it, and that their building inspector can make the inspections as long as the work is done to City Standards. Seconded by Councilman Brewer, approved unanimously. Councilman Brewer made the motion the meeting be adjourned at 10:43 P.M., seconded by Councilman Kelling, approved unanimously. APPPi' D: aro d s, Mayor ATTEST: ph . Clu e, Recorder CITY COUNCIL April 21, 1981 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 8:00 P.M. Present were Councilmen Peterson, Brewer, White, Tomsic and Kelling. Also Present were Attorney Coffman, Administrator McClure, Chief Stiles, Captain Ison, Engineer Keogh, Attorney Snow, Executive Director Dave Bretzke, Secretary Johnson, the Media and twelve citizens. Councilman Kelling made the motion the minutes of the April 7, 1981 meeting be approved as written. Councilman Tomsic seconded, approved unanimously. Chief Stiles introduced the new Police Captain, Mr. Daniel K. Ison. The Council members welcomed Mr. Ison to Moab. Old City Park Mechanic's Salary discussed Trim tree on First South Bills approved Building permit for County's remodeling at Hospital Adjournment Regualr Meeting and Attendance Approval of Minutes Introduction of Captain Ison 66 Robbins Nest drainage ditch Spanish Valley & City Sewer system Tank almost completed and Huntridge Plaza Resolution adopting Leagues resolution Mr. Mark Beeson appeared before the Council to find out what progress has been made on the drainage ditch in the Robins Nest Subdivision. Mayor Jacobs told Mr. Beeson the ditch will not go where they originally planned; it will go through the property just next to Mr. Beeson's property along the driveway. Before any work can be started, the City will have to get an easement from the property owner, who now resides in Maryland. It will be two or three weeks before completion. Darwin Gilger, Chairman of the Board for the Spanish Valley Water and Sewer Improvement District along with Dan Holyoak, Dave Bretzke and Attorney Harry Snow appeared before the Council to discuss the City and the Districts differences concerning the water billings, the addition of some 600 customers to the City sewer system, the installation of sewer lines in Spanish Valley and a $284,000 grant the Dis- trict applied for through the Community Impact Board. The District received indication that the grant was approved to later find out that it had been halted. Approximately $100,000 was to be spent by the District to impOrove the Cities existing Disposal Plant, to enable the plant to handle the additional load of the Spanish Valley system. Mayor Jacobs said the City had applied for Community Impact Board stating that the funds should go to the City to be used for plant improvements. Mayor Jacobs said the City had applied for Community Impact funds for the plant and had been turned down. He questioned why the District had been authorized to receive the money. Mayor Jacobs stated that the improvements planned by the District, including tube settlers and chemical additives were a "band -aid". He went on to say that he did not know whether the plant would be able to meet EPA standards, as it was currently in violation. He said that the District had nothing in writing from the EPA or the State Health Department specifying that the plan- ned improvements would be sufficient. He expressed fears that the EPA might in the future require additional improve- ments that would have to be paid for by City taxpayers. Mr. Gilger said that the District had spent about $12,000 on an engineering study, which recommended the claifiers and chemical additives. He said the District had received verbal approval from the State Health Department indicating that the proposed improvements would be sufficient. Mr. Dan Holyoak stated that the head of the Denver EPA office had visited Moab to examine the project and had said that the improvements would be adequate if the State Health Board gave its approval. He stated that the EPA's only stipulation was that the District request no funds from the EPA and that an additional 300 connections from the City and 600 from the District had been approved, contingent upon the improvements proposed. Mayor Jacobs stated that he plans to meet with the engineers, Nielsen, Maxwell and Wangsgard, the EPA, and State Health Department Arpil 24, 1981 in Salt Lake to discuss the issue. Attorney Coffman suggested that the District's Board and the City Council meet next Tuesday, April 28, 1981 to further discuss the issue after the meetin in Salt Lake. Councilman White moved to table the issue until the next meeting. Councilman Tomsic seconded, approved unanimously. Engineer Keogh mentioned that the fabrication of the City's new one million gallon water storage tank had been completed, the painters moved in today and the fence contractors started construction. Engineer Keogh also mentioned a new apartment complex, Huntridge Plaza, on Kane Creek Boulevard being constructed by a company from up -state. Attorney Coffman presented a copy of a letter up -dating the Council on the discrimination case the City is involved in. Also he received a copy of a pattern ordinance for transient merchants from the Olan Mills Company. The commit- tee, consisting of Attorney Coffman, Councilman Brewer and Administrator McClure will review several proposed ordinances o9n the new transient merchant licinse. Attorney Coffman presented a resolution that approves and adopts the water purchase agreement that was adopted at the last Council meeting between the City of Moab and the Grand County Water Conservancy District, Resolution # 2-81 as recorded. 67 Attorney Coffman also presented a draft of a resolution joining the Utah League of Cities and Towns. The resolution is basically the same as the one the League drafted witn the exception of the second and third paragraphs as it pertains to the City's request to with -draw from the 50-year membership with no liability except the membership dues. The Council agreed to the Mayor signing the above mentioned resolution adopting the Leagues resolution with a cover letter explaining the City's actions. Attorney Coffman and Administrator McClure spoke about the new election law eliminating the primary elections and information pertaining to filing. A resolution should be drafted and approved by the Council on or before June 1, 1981 in order to by-pass the primary election. The League of Cities and Towns has provided a sample resolution for the City to follow in drafting a resolution. The Council will need to act on this resolution at the next Council meeting on May 5, 1981. Attorney Coffman also mentioned a change in the conflict of interest laws for appointed and elected municipal offic- ials. In the former law, municipa officers were prohibited from having a conflict of interests in their Oprivate busi- ness and their public duties. Any intentional violation of the act was a misdemeanor and resulted in forfeiture of office. The new law differs from the former law in that it requires elected and appointed officials to disclose their conflicts of interest. Municipal officers are now permitted to receive compensation from a business which does business with the City if a sworn disclosure statement is filed with each member of the governing body ten days prior to the date of "any agreement between the ...officer and the person or business entity being assisted or ten days prior to the receipt of compensation by the business entity." Administrator McClure told the Council he received a letter from Mr. Johnson with the Utah State Building Board wo will be in Moab regarding the Juvenile Court offices. After purchasing the building, Administrator McClure checked with the State and other agencies to see if the City would have to comply with the State Standards for the handicapped. It was not necessary for the City to comply. In order to make our building comply with the standards so the Juvenile Court can continue their lease in the City Building, the City must comply with the standards. The Juvenile Court's offices will have to be moved into the two vacant offices downstairs and two doorways widened, and some minor modifi- cations made to the restrooms. The State is giving the City six months to comply or the Juvenile Court will have to move. The Council decided to wait for a remodeling cost and then go from there. Administrator McClure presented a business license appli- cation for a seal coating business who location of business is La Sal, but wants to do business in Moab seal coating parking lots, drive -ways etc. The same situation came up last year whether the business be considered transient or not. A discussion followed involving the possibility of changing the existing ordinance and the City collecting sales tax. The Council concurred that the seal costing business should be charged the $500 transient license as this was the procedure followed in the past. Administrator McClure spoke briefly of a letter the County Commissioners received from the Utah State Tax Commission regarding their intentions not to comply with the Tax Comm- issions order of equalization of assessment levels. The letter reads as follows: "The Tax Commission will request the State auditor to with -hold all warrents due your County as well as any unit of government within your County until compliance...". Administrator McClure said this will defin- itely have an effect on the City and hopes it is resolved quickly. Resolution adopting League's resolution New election laws Conflict of interest law change Minor Changes made in Office Building in order to comply with Handicapped Standards Seal Coating Busi- ness determined transient Tax equalization of assessment levels 168 Gofer Food Store Beer License for J. D.'s Foodtown Budget in final stages No Building Permit for Hospital Constr- uction Stray dogs in Holiday Haven Zoning Violation at Fourth East and First North Contract between City and District for Billsing & services White Sands Missile Meeting LegislaLive Seminar Executive Session Approval of Bills Adjourment Administrator McClure also spoke of a memo from Chief Stiles regarding the second offense of the Gofer Food Store on Millcreek Drive selling beer to a minor. In the memo, Chief Stiles suggests the Council suspend the stores license for 30 days. There was some discussion As to the circumstances resulting in the arrest, the I.D. and the sales clerk. Coun- cilman Peterson recommended the City Administrator write the Gofer Store owner a letter asking him to appear before the Council at the next Council meeting to discuss this violation. Councilman Peterson made the motion the Council grant the beer license to J. D.'s Foodtown, formerly Red's Foodtown. Seconded by Councilman Brewer, approved unanimously. Administrator McClure mentioned he was in the final stages of preparation of the proposed budget and that it will be submitted to Council at the May 5, 1981 meeting. He went on to say the Council should plan on at least two meetings to review the proposed budget package. Councilman White was asked in the previous meeting to discuss a building permit for construction at the hospital with the County Commissioners. He reported that the Commissioners were not in favor of obtaining a City building permit, but would submit a letter to the City assuming all responsibility which will provide the necessary documentation. Councilman Kelling mentioned a problem in Holiday Haven with dogs running at large. The mobile home park operator, Mr. Foos, would like to have the City Animal Control Officer come into the park and pick upanimals that are running loose. Mr. Foos was present and had several comments to make about the situation. Attorney Coffman told Mr. Foos he will have to sign an affidavit authorizing the Animal Control Officer to take the animal, if he can verify the animal being a stray and he picks up the animal. Councilman Brewer inquired about a zoning violation of a house on Fourth East and First North. Administrator McClure informed Councilman Brewer that case had been turned over to the Attorney for prosecution. Councilman Peterson suggested the Attorney for the Spanish Valley Water and Sewer Improvement District and the City Attorney meet to discuss a contract for the water and sewer bills and the servicing of the lines. Mayor Jacobs also announced a public meeting on , May 4, 1981 at 7:30 P.M. in the City Council .nambers with officials from the White Sands Missile Complex. This will be an infor- mational meeting with the City, County and White Sands. The public is invited to attend. Mayor Jacobs also announced a Legislative Seminar, May 29, 1981 with the League of Cities and Towns and the AOG for the four county area. The seminar is to be held in Price at the University. Mayor Jacobs urged the members of the Council to attend. Mayor Jacobs called an executive session immediately follow- ing the regular meeting to discuss personnel matters. Councilman Tomsic made the motion the bills be paid as sub- mitted in the amount of $19,174.08, including an old bill from City Market which had been questioned. Councilman Kell- ing seconded, approved unanimously. Councilman Tomsic moved the Council adjourn into executive session at 10:18 P.M., seconded by Councilman White, passed unanimously. Executive Session The Mayor called the Council into Executive Session at this time. He stated, for the record, three personnel matters were discussed by the Council; the Council took no action. Executive Session was adjourned at 10:45 P.M. 169 CITY COUNCIL May 5, 1981 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 8:03 P.M. Present were Councilman White, Tomsic, Brewer, and Kelling. Councilman Peterson and Administrator McClure were out—of—town. Also present were Attorney Coffman, Chief Stiles, Captain Ison, Officer Haycock, Engineer Keogh, County Attorney Benge, Secretatry Johnson, the Media and thirteen citizens. Councilman Brewer made a typing correction to the minutes of the April 21, 1981 meeting. One the first page, para— graph four, second sentence, the word "were" should be "where". Councilman Kelling made the motion the minutes be approved with the correction, seconded by Councilman Brewer, approved unanimously. Mr. Jess Zubeck appeared before the Council for approval of a conditional use home Locksmith Occupation. Mr. Zubeck lives at 749 Mountain View Drive, a R-2 Residential Zone. The Planning Commission has given an approval recommendatin that Mr. Zubeck's request be granted. Councilman Brewer w made the motion the request be approved, Councilman White seconded, approved unanimously. Attorney Coffman presented Ordinance #2-81, allowing the City to eliminate the primary election during the next elections. Attorney Coffman said the State Legislature passed a measure in the last session allowing the elimina— tion of primaries provided municipalities passed the ordi— nance by June 1, 1981. Attorney Coffman stated this ordi— nance remains in effect for one year and must be renewed each election year, if desired. He went on to state that municipal elections have usually been non —partisan. In the future, the Council will have to adopt an ordinance eliminating the primaries by March 1. Councilman Brewer made the motion to adopt and approve Ordinance #2-81 for the elimination of municipal primary elections. Seconded by Councilman Tomsic, approved unanimously by roll —call vote. Ordinance #2-81 as follows: ORDINANCE NO. 2-81 AN ORDINANCE PROVIDING THAT THERE BE NO PRIMARY ELECTION AND THAT ELECTIVE OFFICES BY FILLED AT THE NOVEMBER MUNICIPAL ELECTION. Moab: BE IT ORDAINED by the City Council of the City of Section 1. PRIMARY ELECTION ELIMINATED. Pursuant to section 20-5-10 (2), Utah Code Annotated 1953, there shall be no primary election held during the election of municipal offices until such time as this ordinance is amended to provide otherwise or until repealed and all ecective offices to be filled shall be held at the November municipal election. Section 2. REPEALER. The provisions of all ordinances inconsistent with the provisions of this ordinance are hereby repealed. Section 3. EFFECTIVE DATE. This ordinance shall become effective on posting. PASSED THIS 5th DAY OF MAY, 1981. ATTES Regular meeting and attendance Minutes approved with corrections Locksmith Home Occupation approved Adoption of Oridinance #2-81 Ra p Clure, Recorder 170 Swim Pool manager Position Gofer Store Beer License Striping for Main Street discussed City's Disposal Plant Cindy Murray appeared before the Council on behalf of her mother, Mary Martin in opposition of the City's decision not to hire Mrs.Martin as supervisor of the Moab Swim Center this season. Ms. Murray read a letter from Mrs. Martin out- lining various programs she implemented at the pool, her experience and qualifications. Mrs. Martin mentioned her application and salary in the letter and further stated that she had been treated unfairly and was not given the same consideration as the other applicants, not being granted an interview. The letter further stated that Mrs. Martin tried to operate the Swim Pool to please the public rather than the City employees. Mayor Jacobs declined to make any comments as did the Council. Mr. George Phillips, owner of the Gofer Stores, appeared before the Council at their request to discuss a recent incident of one of the store's employees selling beer to a minor; the store's second offense. Mr. Phillips said both stores are open 16 hours a day and he can not be there to oversee the entire open hours. He said he explains the rules and laws governing the selling of beer to his employees and has since fired the employee that sold the beer. He told the Council his beer license is vital to his business and that he would hate to lose it. He asked that an officer from the Police Department conduct a class on identifying false identifications and the various laws pertaining to the sale of alcohol. Councilman Kelling and Councilman Tomsic stated they would like to attend such a class. Council man Kelling made the motion the Council get with Chief Stiles and have a school conducted on I.D. Knowledge and that Mr. Phillips retain his beer license in this instance. Council- man Tomsic seconded, approved unanimously. Mr. Sterling Davis, Director of District Four of the Utah Department of Transportation appeared before the Council with a proposal for a new arrangement of street markings on Main Street. Mr. Davis met with City Police and Highway Patrol officials gathering information and imput as to the proposal. Mr. Davis stated the new markings would be similar to the present arrangement on South Main and it will also include two through lanes running in each direction and a left turn lane will be provided in the center of the road- way. Right turn lanes will be provided at each intersection with a traffic light. The new arrangement should help traffic flow more smoothly while reducing the possibility of acc- idents. The new arrangement will include marked parking stalls. The through traffic lanes will be narrowed to eleven feet in width and the aprking lanes will be ten feet in width. The Council also discussed the timing of the stop lights. Mr. Davis told the group a speed of 17 miles per hour should enable one to pass through all green lights. After a lenghty discussion, Councilman Tomsic made the motion the Council accept the proposed recomendatins presented by Mr. Sterling Davis. Councilman Kelling seconded, approved unanimously. Mayor Jacobs introduced Mr. Al Anderson, An engineer with the Nielson, Maxwell and Wangsgard firm. Mr. Anderson spent the day in Moab reviewing the City's sewer plant operation with Mayor Jacobs. He designed the plant construction many years ago. He complimented Moab and Mr. Severns on the well maintained and operated plant. In 1979 the plant won an award for the "Best Maintained and Operated Plant" in the state of Utah. The plant is presently meeting the EPA standards and would continue to do so with an additional 300 to 500 customers. The City and Spanish Valley Water and Sewer Improvement District have had several meetings to work out an agreement for adding an additional 600 custom- ers but with strict standards, the capacity has been reduced. In order for the plant to accomodate the new customers, certain improvements must be made. The District planned to spend about $90,000 on improvements, however Mayor Jacobs and other officials feel with the strict standards, those funds will not be adequate. The plant would accomodate 300 new connections; but the City would like to reserve those connections for expansion within the City. 171 Mr. Anderson also briefly commented on the excellent job done on the new one million gallon water storage tank. Chief of Police Les Stiles appeared before the Council with three resumes for the position of Police Officer I, in which he has reviewed back grounds and done a thorough investigation of their resumes. Chief Stiles recommends Mr. David Barker, who was certified and has a well rounded background in law enforcement. Chief Stiles further stated that an oral board consisting of Sergeants Rahn and Brownell Officer Haycock and himself interviewed the applicants. Councilman Tomsic moved the Council accept the recommend- ation of Chief Stiles to hire Mr. Barker at the beginning salary of $1,125.00 for Police Officer I. Councilman Kelling seconded, approved unanimously. Chief Stiles also mentioned the DOT has offered to provide a crew and equipment to paint street markings on the City streets at no charge; the only cost would be the paint. Chief Stiles told the Council a decision needs to be made. The Council agreed to make a decision at the next regular meeting. Engineer Keogh spoke briefly about the painting of the tank. The next step in the process of completion will be to apply the disinfectant. :ra Attorney Coffman presented the Council a draft of the tran- sient merchant ordinance. The proposed ordinance would require transients to post a bond with the City Recorder in the amount of one thousand dollars, two sureties, finger prints and an area check back six months. The ordinance exempts charitable organizations, such as the Girl Scouts and bake sales. One half of one per cent (.5%) sales tax will be collected on gross sales. The Council agreed to review the ordinance. Attorney Coffman commented the agreement between the City of Moab and Spanish Valley, dated May 4, 1981, could be a working draft. Attorney Coffman asked that copies of the draft be distributed to the Council members for review. Councilman Brewer mentioned the Clean-up, Fix -up Campaign being sponsored by the Chamber of Commerce next week. Both City and County trucks are being donated for garbage pick-up. Councilman Tomsic inquired about a zonig violation involving a residence located a the corner of First North and Fourth East. She asked if the violator had been served with papers or what the status was. Attorney Coffman told Councilman Tomsic a civil action is contemplated, and Attorney Benge has agreed to testify and that he is working on it. Mayor Jacobs told the Council that he and Ross Leech plan to attend a League of Cities, Towns and Counties annual Road School in Cedar City, May 13, 14, and 15. Registration for the school is $65.00 per person, plus a motel room. Techniques and materials for road repairs will be demonstra- ted. Mayor Jacobs made a statement concerning rumors about City officials using City Equipment and the City shop to work on their private vehicles. Mayor Jacobs stated he has been associatd with the City for ten years, has used the City shhop and equipment during that time and apologizes to no one for it. He further stated he felt the shop was a fringe benefit, mentioning his long hours and little monthly pay ($450.00). Mayor Jacobs stated he and other employees have provided their own tools and equipment for the City's use. He added that he has worked on his car in the shop for years and this fact is generally known by the public and that Administrator McClure's private car had been re- paired at the City Shop also. Administrator McClure had made a presentation to a group of Castle Valley residents on ordinances and regulations. After the meeting, one of the residents attending the meeting backed into his New water tank, good job New Police Officer chosen Street Markings for City streets Disinfectant to be applied towater tank New Transient Merchant Ordinance discussed Draft Agreement for City and District to be reviewed Clean-up Campaign Chamber of Commerce Zoning Violation Mayor and Ross Leech to attend Road School Mayor's statement about City Officials using City equipment 172 Approval of Bills Adjournment Regular Meeting and Attendance Approval of Minutes Public Hearing - Revenue Sharing Pony Rides at City Park car, denting the door. Mayor Jacobs suggested Administrator McClure's car be repaired at the shop as the accident occured while attending to City business. They Mayor said all parts used either by the Administrator or himself were purchased by them. The Mayor went on to say that since the Administrat- or started with the City, rules, regulations and policies have been followed precisely. Other Council members agreed with the Mayor stating they were pleased with Aministrator McClures's job performance and supported him. A Councilman White made the motion the bills be pain in the amount of $98,408.36, of which $48,644.22 is a partial pay- ment for the new water tank. Councilman Tomsic seconded, approved unanimously. Councilman Tomsic made the motion the meeting be adjourned at 10:28 P.M., seconded by Councilman Kelling, approved unanimously. CITY COUNCIL May 19, 1981 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 8:04 P.M. Present were Councilmen Peterson, Tomsic, White and Brewer. Councilman Kelling was absent. Also present were Attorney Coffman, Administrator McClure, Chief Stiles, Captain Ison, Secretary Johnson, the Media and fifteen citizens. Councilman Tomsic made the motion the minutes be approved as presented. Councilman White seconded, approved unanimous- ly. A public hearing was held in order to obtain written and oral comment from the public on the proposed uses of Revenue Sharing Funds. The City has in unappropriated funds $140,103 which will be carried over to the 1981-82 Fiscal Year. The anticipated funds are $119,000 which totals to $259,103.00 available. Several requests were heard from people attending the hearing. Hannah Pittman, Chairman for the Grand County Council on Aging, requests $50,000 for the purchase, renova- tion, and remodeling of the American Legion Hall for a Senior Citizen multi -purpose Community Center. Adrien Taylored appeared requesting $7,500 for a Parcourse Exercise System. The system includes a jogging route and exercise equipment along the route. Mr. Lloyd Pierson, representing the Moab Museum, appeared requesting funds in the amount of $15,000 which would match a donation to the Museum for a metal build- ing to be added to the existing facility. Les Erbes requested Revenue Sharing Funds in the amount of $10,000 for restroom facilities for the new Rotary Park. The Rotary Club has collected $4,000 with their radio auctions, but need add- itional funds to complete the restroom facilities. Mayor Jacobs told the group requesting funds, their requests should also be submitted in writting to the Adminnistrative offices. A decision will not be made this evening. Mayor Jacobs com- mented that considerable funds may have to be spent to make repairs to the Swim Pool, as it has apparently developed a leak. Diane Tibbitts appeared before the Council to receive author- ization to conduct a pony ride within a portable corral adjacent to the City Park on the asphalt paving. The pony ride is being sponsored by the Helen M.Knight Elementary School PTA in connection with the Art Festival to be held at the City Park Memorial Weekend. Mayor Jacobs was opposed to the pony ride due to the mess and smell. Councilman Peter- son made the motion the Council grant the request to conduct the pony rides on the south side of the street across from the City Park in the lot next to Boise Cascade's property. Councilman Tomsic seconded, the motion was approved by major- ity vote, Councilman Brewer voting no. 173 Chief Stiles told the Council he had plans sketched for the Highway Department who has volunteered to stripe some City Streets. Those streets to be striped are• Fifth West, Kane Creek Boulevard, Fourth North, First West, First North, Center, First South, Third South, and Millcreek Drive. Chief Stiles mentioned the possibility of an island being painted at the intersection of Fourth North and First West. Chief Stiles made a recommendation that Roger Coursey be hired as Patrol Sergeant to replace Sergeant Brownell. He further stated that examinations and an oral board has been conducted and Mr. Coursey's test results rated him number one. Chief Stiles also recommneds that Mr. Leonard Treadway be hired for Police Officer I to fill the vacancy created by Alan West's resignation. Chief Stiles further stated qualifications of both men and that they are both Utah certified. Councilman White asked that it be put on record that he was opposed to the hiring of Mr. Coursey as his wife is Deputy Recorder for the City and makes and signs his pay checks. Councilman Tomsic made the motion the Council hire Mr. Treadway as Police Officer I and Mr. Coursey as Patrol Sergeant, the salaries to be set later. Councilman Peterson seconded, the motion was approved by majority vote, Councilman White voting nay. U Attorney Coffman told the Council the City is subject to a law suit filed with the Federal District Court, pertaining to Home Box Office. The United Cable Television of Moab did not render suit, but others did. A temporary restraining order has been issued against the enforcement of a Utah statute against distribution of "indecent materials" over television cable systems. Attorney Coffman complimented Officer Brownell on a commend- able job during a recent DUI trial. Attorney Coffman further atated that unless the Council object, he is going to recom- mend to the Court on all jury trials a 30-day sentence is to be served in the Grand County Jail. He told the mem- bers of the Council the Bentley case has been filed under three different claims; zoning, nuisance and a civil suit by surrounding neighbors. Attorney Coffman mentioned the support and information provided by Building Inspector Kelley was very helpful. Attorney Coffman requested the Council recess for an Executive Session upon completion of this meeting to discuss possible litigation. Mrs. Virginia Johnson asked Mayor Jacobs what progress has been made in deeding back the middle street in Walnut Lane Trailer Court. Mayor Jacobs assured Mrs. Johnson that he was working on it and that it would be taken care of as soon as possible. Mayor Jacobs called the Council's attention to a proposed dog ordinance included in their packets. He asked the Council to review the proposed ordinance stating their is urgent need to up -date the code. Mayor Jacobs also mentioned there might be some duplication as sections of the proposed ordinance are from an ordinance adopted by Springville City. Administrator McClure presented the Council with four travel requests from the Police Department. A request for Officer Haycock to attend a National Rifle Association Regional Police Fire Arms Instructor Course, August 31 through Sept- ember 4, 1981 in Raton, New Mexico. The total cost for the course will be $510.00. A request for Captain Ison and Sergeant Rahn to attend a Four Corners Law Enforcement Conference in Cortez, Colorado on June 5, 1981. No overnigh expense is anticipated. Also a request for Officer Ballard to attend a Defensive Tactics Academy, June 15 through June 19, 1981. The cost for the course will be approximately $355.00 plus transportation expenses. Councilman Tomsic moved to grant the travel requests for the mentioned Police Officers for schooling. Seconded by Councilman White, approved unanimously. City Streets to have stripes painted Approval to hire Roger Coursey and Leonard Treadway Cable T.V. Law Suit Jail sentence for DUI Jury trials & Bently Case Request for Road to be returned to Mrs. Johnson New dog ordinance discussed Travel requests for Police Department 174 Swim Pool Prices established Administrator McClure told the Council a decision needs to be made to establish prices for the swimming pool, as to whether to increase the fees or stay with last years prices. The pool will officially open June 1st for lessons and swimming. A free swim has been scheduled for Saturday afternoon, May 30th. After some discussion Councilman Peter- son made a motion the daily prices remain at last season's rates: Ages 1-11, 500; Ages 12-17, 750; Ages 18-65, $1.00 and over 65, free. Individual season passes will be broken down by age with charges of $15.00 for ages 1-11; $25.00 for ages 12-17; $30.00 for ages 18-65. Family season passes will be $40.00. Councilman Tomsic seconded the motion and further stated swimming lessons will be in addition to the fees set and will be determined at a later date. Approved unanimously. Clean-up Campaign Councilman Brewer extends thanks to the City workers and sucessful use of the City dump truck contributed for the annual Chamber of Commerce Clean-up Campaign. It was a big sucess. Planning Commission Councilman Brewer also mentioned the minutes of the Planning minutes and Commission meeting he attended. He told the Council a Coun- meetings cilman should attend those meetings to answer any questions or give information. Councilman Brewer volunteered to attend those meeting, in which there might be questions arise requi- ring a Councilman's advise. Executive " session Councilman Tomsic moved the council recess, rather than called adjourn, into executive session to discuss personnel salary requests and hear a legal report from the Attorney. Council- man Peterson seconded the motion, approved unanimously. Legislative Mayor Jacobs reminded the Council of a Legislative dinner Conference in meeting being sponsored by the League of Cities and Towns Price on May 29, 1981 at the Elks Club in Price, at 6:30 P.M. Mayor Jacobs urged the Council to attend this meeting. Bills approved Adjournment Regular meeting and attendance Councilman White made the motion the bills be paid with the exception of line item #5, Burrough's Corporation for $50.00. The total amount of the bills is $16,505.99, less the $50.00 to Burroughs. Councilman Peterson seconded, app- roved unanimously. Councilman Tomsic moved the Council adjourn into Executive Session at 9:35 P.M. Seconded by Councilman White, approved unanimously. ATTEST: Ra1p APPROVED: Harold f obs, Mayor / lure. Recorder CITY COUNCIL June 2, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Court- house. Mayor Jacobs called the meeting to order at 8:05 P.M. Present were Councilmen Peterson, White, Brewer and Kelling. Councilman Tomsic and Attorney Coffman arrived shortly after 8:00 P.M. Also present were Chief Stiles, Captain Ison, Engineer Keogh, Administrator McClure, Secre- tary Johnson, the media and one citizen. 17 5 Councilman Brewer made one correction to the May 19, 1981 minutes, the spelling of "Tibbetts". With that one correc- tion, Councilman Brewer moved the minutes be approved. Councilman White seconded, approved unanimously. The Council approved a conditional use permit for Charles and Peggy Hurt to conduct a Magic Mill Products Home Occup- ation located at 735 Locust Lane. Neither Mr. or Mrs. Hurt could attend the meeting, therefore, Councilman White spoke in their behalf. Councilman Brewer moved the Council accept the recommendation of the Planning Commission to grant a conditional use to Charles and Peggy Hurt for a home occupation at their home. Councilman White seconded, app- roved unanimously. Administrator McClure presented a tentative budget for the Council's review and authorization for advertisement. As required by State Law a tentative budget has to be adopted to be advertised. The proposed expenditures for the 1981-82 budget are $1,521,314.00. The tenative budget anticipates $1,098,100.00 in revenues and a total of $423,214.00 in surplus funds; total available funds are $1,521,314.00. Several comments were made regarding some of the departments including the Police Department, which totals $354,431.00. The mill levy is estimated to be 10.22, down from this years 21.5 mills. Administrator McClure explained the reduction may be due to the assessment level increases ordered by the State Tax Commission. He went on to say that the mill levy cannot be 'finalized until the Grand County Commission, ac.t.ng es the Board of Equalization, has conducted their final meeting. He also mentioned an increase in the Blue Cross/Blue Shield Insurance coverage, which was anticipated. Councilman Kelling suggested the City open bid the insurance coverage. A tentative Revenue Sharing budget was also adopted by the Council for the 1981-82 fiscal year. Administrator McClure said there is no way of knowing what the precise amount will be allocated by the Federal Government, but it is estimated that the City will receive $259,103.00. Questions were raised as to figures included in the Revenue Sharing allocations, such as $10,255 under Building Add- itions. This will include two air conditioners, one for the basement and one for the computer room. Also there's the possibility of an elevator being installed in the build- ing to accomodate the handicapped and meet state standards. Also listed under Revenue Sharing Funds is $30,000 for the completion of Arroyo Road and $25,000 for the recent work done to Fifth West. Administrator McClure said he was going to ask to open the 1980-81 Revenue Sharing Budget and re -allocate $25,000 for Fifth West, rather than using collector road funds. Councilman Tomsic questioned whether a crossing guard was included in this year's budget. Admin- istrator McClure told her it was incuded in the Police Department's budget. Councilman Tomsic made the motion the Council accept the Council -approved figures as designat- ed in the report and set a public hearing for June 16,1981 at 8:00 P.M. at the regular City Council meeting. Seconded by Councilman Kelling, approved unanimously. Chief Stiles appeared before the Council to present his reommendation for a beer license for Joe May at the Poplar Place. He told the Council the City Code states that he must submit a report five days after receiving the applica- tion. He stated that he was unable to make a recommendation to the Council as he has not received all the necessary information regarding the background investigation. Attorney Coffman said that Mr. May has to obtain a state license from the State Liquor Commission before he can obtain a City license. Chief Stiles said the Police Department was working with Attorney Coffman with the prosecution of the Poplar Place for selling beer illegally. Mr. May told the Council he thought he was operating the Poplar Place legally and was unaware of the State requirements. Councilman Tomsic made the motion the Council table the issue until the Chief can obtain a report and recommendations from various source. Seconded by Councilman White, approved unanimously. Minutes approved with one correction Approval given for Home Use for Hurts Tentative budget adopted Budget and Revenue Sharing Poplar Place Beer License 176 Scott Bentley case in Court 6/10 Richard Haycock promoted to Police Officer II Nine lifeguards for Swim Pool League of Cities membership Public Hearing for Transient Merchant Ordinance Additional Roads added to road system Compliments on new Police uniforms Attorney Coffman informed the Council the case involving Scott Bentley and his residence on the corner of Fourth East and First North will go to Court on June 10, 1981 at 3:00 P.M. Many complaints have been filed with the City regarding the condition of the house and surrounding yard. Administrator McClure submitted from the Police Department Richard L. Haycock to become Police Officer II. Mr. Leonard Treadway's hiring was approved during the last Council meet- ing. He was hired as Police Officer I to fill the vacancy created by moving Mr. Haycock to Police Office II due to the resignation of Alan West. Administrator McClure also submitted nine names for lifeguards to be hired for the swimming pool. Those names submitted were: Brent Richeson, Jon Olerain, Brenda Nicol, Tamara Milner, Debbie Hawks, Sandra Grifith, Vicki Dunn, Keith Clausen and Elizabeth Bunce. One of the nine employees as a substitute. Administra- tor McClure further stated that all of these employees are certified life guards and received the Water Safety Course. Councilman Tomsic moved to hire the nine lifeguards and approve the promotion of Mr. Richard L. Haycock to Police Officer II. Councilman Kelling seonded, approved unanimously. A brief discussion followed involving the promotion of Offic- er Haycock to Police Officer II and the procedure followed. Chief Stiles told the Council an oral board was conducted to interview for the Police Officer II position (Crime Pre- vention Officer). The department still has a vacancy because of the termination of Officer Robert Setzer. Advertising for the position has already started and the applications received will be held for six months in order to create a register. Mayor Jacobs mentioned that the swimming pool was going to be closed . couple of days as some of the tiles came off the side of the pool and the Board of Health closed it due to safety factors. Administrator McClure told the Council the City has received a bill for their membership dues to the Utah League of Cities and Towns in the amount of $1,403.13. He said the fee itself was similar to last years fee but he questions the formulas used (sales tax revenues, assessed property values and population figures) to arrive at the total amount. It could be possible the City should pay a lessor amount. He said he would have more information by the next Council meeting. Councilman Brewer asked if the Council members had reviewed the proposed transient merchant ordinance that he and Attor- ney Coffman drafted. The Council briefly discussed the tran- sient merchant ordinance, the Animal Control Ordinance and the ordinance for the proposed increase in the building permit fees. Councilman Brewer made the motion the Council hold a public hearing for those ordinances on July 7, 1981 at 8:00 P.M. Seconded by Councilman Peterson, approved unanimously. Administrator McClure mentioned the City receives Class " C" and Collector Road Funds according to the mileage within the City. At the present time the City only has two roads on the collector system but could justify two more and be entitled to collect additional road funds on them. There- fore, the City needs to update their present maps and adopt a master plan for streets. Administrator McClure further stated Dean Driggs with the UDOT wil be in Moab and meet with himself and the Mayor to review the situation. Councilman Tomsic omplimented the Police Department on their new uniforms. Chief Stiles and Captain Ison were both present at the meeting dressed in uniform. Councilman White complimented the Mayor on the refinishing of Fifth West Street. He also asked what the status is on the up -grading of the sewer plant in order to accomodate the addition of the Spanish Valley customers. Mayor Jacobs told him he has tentatively set up a meeting with Mr.Anderson who is an engineer with Nielsen, Maxwell and Wangsgard who will conduct a study and report back to Council within a few weeks. 11 T7 Councilman White also briefly spoke briefly about the Legis- lative Conference in Price sponsored by the Utah League of Cities and Towns regarding the bills passed by the House and the Senate. He said it was very informative and that he enjoyed it. Chief Stiles told the Council he received word the paint for striping the streets will cost approximately $2,200.00. The City Engineer's crews have marked the streets and they are ready to be painted. Mayor Jacobs informed the Council there might be a slight delay as the State Department's road crews were terminated and they are short handed at the present time. He also mentioned efforts are being made to get a grant for the paint. Councilman Peterson asked if an arrangement had been worked out for the Ctiy to do the water bills for Spanish Valley Water and Sewer District's customers. Mayor Jacobs told him the District made arrangements with Ed Claus's office to do their billings. Some discussion followed involving the necessity of having those accounts for the City and that a contract had been signed agreeing the City would 0 do the utility billings and service work for the District. 1-4 -) Mayor Jacobs asked the Council fi the City would be inter - DO ested insponsoring a horse race during the up -coming rodeo event. The Council declined to participate. Mayor Jacobs asked if any of the Council members objected to returning the middle road running through through Mrs. Virginia Johnson's Walnut Lane Trailer Court. No one had any objections. Attorney Coffman told the Council a resolu- tion could be passed deeding back the road. Mayor Jacobs told the Council he gave Adrien Taylor the City's okay to have a tent show at the Rotary Park. Mayor Jacobs further stated that he would like to make arrange- ments with Utah Power and Light to have electricity install- ed. Mayor Jacobs told the Council he received only one bid for removing the old Williams house purchased by the City to continue Arroyo Road through to First West. Mr. Loren Johnson's son will pay the City $35.00 for dismantling and removal of the building. Councilman White made the motion the Council accept Mr. Johnson's bid to dismantle and remove the Williams house providing all of the necessary permits and requirements are followed and the removal be done within sixty days. Councilman Peterson seconded, app- roved unanimously. Councilman Tomsic made the motion the bills be paid in the amount of $25,192.13 as presented. Seconded by Council- man White, approved unanimously. Councilman Peterson made the motion the meeting be adjourned at 9:55 P.M. seconded by Councilman Brewer, approved unan- imously. AP OVED: ah Haro . JacMayor ATTEST: Ralp Y. cClure, Recorder Legislative Conference enjoyed Paint for City Streets .SVW&SID water bills to be computed by CLaus Horse Race declined Virginia Johnson's Road Tent show to be held at Rotary Park Loren Johnson's son to remove Williams House Approval of the bills Adjournment Special meeting and attendance Joe May Beer License Prosecution dropped for selling without a license Approved Upstairs not to be used until a fire exit is made Adjournment Regular meeting and attendance Approval of the Minutes SPECIAL CITY COUNCIL MEETING June 4, 1981 A special meeting was called by Mayor Jacobs on the above date at 5:35 P.M. to review an application for beer license for Joe R. May dba the Poplar Place. Councilmen present were Kelling, Tomsic, Peterson and White. Councilman Brewer arrived later. Also present were Attorney Coffman, Adminis- trator McClure and Secretary Johnson. The special meeting was called to consider the beer license application for Joe May at the Poplar Place. Administrator McClure stated a State Liquor License was not required as had been assumed earlier. He briefly outlined a memo fro Chief Stiles regarding the application. The memo states that a background check of Mr. May has been completed with the exception of a clearance on his finerprints from the Bureau of Criminal Identification. The memo further states that the State Liquor Commission does not classify Joe May as a distributor and as such does not have to possess a State Liquor License. Chief Stiles further stated in the memo that in regard to the case against Mr. May for operating without a license, it would be in the best interest of the City to drop the prosecution. Chief Stiles recommends the beer license be approved with the understanding that if information is devel- oped from BCI on his fingerprints that would adversly in- fluence his license, the City Council would take appropriate action at that time. Councilman Peterson moved to grant the license, Councilman Kelling seconded, approved unanimously. Several questions were raised as to the bar using the up- stairs for entertainment, bands and such. Mayor Jacobs said that could only be done if provisions are made for a fire escape. Also some discussion developed about the dogs around the outside of the building and drinking beer on the sidewalk. It is the bar owners responsibility and the responsibility of the Police Department to control that. The meeting was adjourned at 5:45 P.M. CITY COUNCIL June 16, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Court- house. Mayor Jacobs called the meeting to order at 8:01 p.M. Present were Councilmen Peterson, Tomsic, Brewer, white and Kelling. Also Present were Attorney Penny Coffman, Admin- istrator McClure, Accountant Ed Claus, Engineer Keogh, Chief Stiles, Captain Ison, Sergeant Coursey, Deputy Recorder Coursey, Officers Treadway, Barker and Haycock, Secretary Johnson, County Attorney Benge, County Assessor Norma Stocks, Commissioner Jacobs, County Clerk Bobbie Domenick, County Building Inspector Nordfelt, the Media and approximately thirty-seven citizens. The minutes of the meeting of June 2, 1981 were approved by a motion from Councilman Kelling, seconded by Councilman White. Approved unanimously. Councilman Kelling made the motion the minutes of the special meeting of June 4, 1981 be approved as written. The motion was seconded by Councilman Brewer, approved unanimously. 1'7 9 Mayor Jacobs welcomed a large crowd to the Public Hearing for the Revenue Sharing and General Fund Budget for the fiscal year 1981-1982. The time was turned over to Admin- istrator McClure to re -open the 1980-81 Revenue Sharing Funds Budget. Administrator McClure said the re -opening and re -allocating of funds will not effect the overall budget. Funds in the amount of $11,957.36 were transferred from the Water/Sewer account. These funds were left from the previous years allocated funds, as equipment was purcha- sed for less money than was appropriated. $13,042.62was saved from purchasing the new office building rather than adding on to the exiting building. Therefore, funds in the amount of $25,000.00 were spend on the re -surfacing of Fifth West Street. This reduced the 1981-82 expenditures to $234,103.00. Administrator McClure further tated that thee funds are only used for Capital Improvements rather than City operating cost, as the City has no way of knowing how long the Federal Program is going to continue. Council- man Tomsic made the motion that $11,957.36 be transferred from the Water/Sewer account for resurfacing of Fifth Wet and that $13,042.64 be transferred to the street account from the Building addition account. Seconded by Councilman Brewer, approved unanimously. rO (, Administrator McClure told the Council that itwas anticipat- az W ed that the Revenue Sharing program will continue another three years. He further explained that the funds will only be spend on Capital Equipment Improvements. $81,000.00 from Revenue Sharing funds will go to replace equipment in the street department. $24,000.00 will be allocated for the Swimming Pool for replacement of filters. $600.00 is allocated for the Judicial department for a book case and office equipment. $1,500.00 for the Building Inspection Department. $36,778.00 for the Police Department. $30,000.00 for Road Construction, which includes the continuation of Arroyo Road. $13,300.00 for the Administrative Department which includes $11,000.00 for a computer installment pay ment. $36,700.00 for the Disposal Plant for a new boiler that has to be replaced. And $10,225.00 for installation of air conditioners for the basement and the computer room. Also, there is a possibility that an elevator will be in- stalled in the building to accomodate the handicapped. Bringing the total of Revenue Sharing Funds to $234,103.00. A question was raised from the audience whether a new pool will be constructed with the funds that have been set aside or whether the present facility will be up -graded. Mayor Jacobs said the funds ,Wi11'_ be spent for repairs to the present facility that are necessary to keep the pool in operation. It is estimated that the pool will collect $18,000.00 to $19,000.00 in fees but it will cost approxi- mately $29,000.00 to operate. County Clerk Bobbie Domenick questioned whether the City has $1.5 million dollars in time deposits. Administrator McClure responded to her question, stating that the monies had been collected for water and sewer improvements. He further stated that some of these funds may have to be transferred for sewer work and that the water and sewer fees were increased recently as the City was losing about $3.50 to $4.00 per connection per month. Administrator McClure said portions of the funds in time deposits are being spend continuously for installation of lines and making repairs. In response to another question that was directed to Mayor Jacobs, the City is how accepting sewerage from the Spanish Valley Water and Sewer Improvement District. Mayor Jacobs further stated that a meeting has been set up between the two boards in the near future to discuss the situation. Councilman Tomsic made the motion the Council accept the Revenue Shar- ing Budget as presented in the amount of $234,103.00. Seconded by Councilman Peterson, approved unanimously. The third portion of the Public Hearing will be to discuss the 1981-82 Fiscal Year General Funds Budget. Administrator McClure outlined the budget using charts showing the Revenue projections as follows: Collected from Property Taxes, $225,000.00 which consists of 20 per cent of the total budget. $350,000.00 from Sales Taxes, which consists of Publics Hearing: Re -opening of 1980-81 Revenue Sharing Budget Public Hearing: Revenue Sharing Budget for 1981-82 Public Hearing: General Fund Budget 1981-82 TTQ Public Hearing Cont. General Fund Budget 1981-82 Contribution to Golf Course opposed City and County Building Inspection Departments. Liquor Control Budget Discussed Planning and Zoning Budget discussed Citizens felt Police requests too costly. 32% of the total budget. $38,000.00 from Franchise Taxes which consists of 3 per cent of the total budget. $160,000.O6 collected from the Gross Business License, which consists of 15 % of the total budget. $200,000.00 from Sanitation, which consists of 18 per cent of the total budget. $20,000.00 from the Swimming Pool which consists of 2% of the total incoming revenues. $31,000.00 from Fine, Forfeitures and Penalties, which consists of 3% of the imcoming revenues. $30,000.00 from Interest Income, which consists of 3 percent of the total projected imcome. And $44,100.00 from miscel- laneous which includes rents collected, building inspection fees, court fees, and various beer licenses and represents 4% of the projected revenues. Administrator McClure further stated that the State granted the Council the right to retain a surplus consisting of 50% of the property taxes collected and 25% of the Sales Taxes collected. Justification of the surplus is to provide cash to finance expenditures from the beginning of budget year; thus eliminating the need for borrowing. It also provides resources to meet emergency expenditures and to cover unanticipated deficits in future years. Mr. Kyle Bailey asked if the mill levy would decrease this year. Administrator McClure told him it is estimated the mill levy will decrease below last years figure of 21.5 to 15.28. Several citizens protested to $29,000.00 contributed to the Golf Course. Mayor Jacobs told the audience that the Golf Course and swimming pool were important to the economy and they are an attraction of visitors to the area. Without tourism and visitors Moab City could not survive. Mr. Ron Dull suggested that the Golf Course and Swimming Pool be sold to private enterprises. Once again the Mayor explained that they are needed for civic operation. Mr. Terry Warner suggested the City contribute more money for the 4th of July fireworks. Mr. Izzy Nelson told Mr. Warner that the City only donates a third of the total cost of the fireworks program and that it was a Chamber of Commerce sponsored activity. Mrs. Georgia Hamblin questioned why the requests from the Museum, Community/Senior Center, Rotary Park and the recreational equipment were turned down. Councilman Tomsic explained although the requests were very legitimate the Council felt that equipment should be purchased for various departments as the Revenue Sharing funds are not going to be available much longer. Councilman White commented that requests were received for far more than there were funds for. Mayor Jacobs further commented that the City has contributed and participated in these requests; the City donated land for the new Rotary Park and has contributed with crews doing trenching and construction work at the park. Several Comments were heard from people attending in the audience as to the City and the County sharing a joint Build - Inspector, Secretary and office. Administrator McClure said this arrangement was suitable for a long time, but with the increase in area to cover in both the City and County it was necessary to have seperate departments. Mr. Dave Sakrison asked who was in charge of the liquor control budget. Administrator McClure, Mayor Jacobs and Accountant Ed Claus commented that it was part of the Police Department's Budget. Mr. Claus said in order for the City to satisfy State Law and receive funds, 15 per cent of the Police Department budget is allocated to liquor control to be used to control the liquor business and for the invest- igation of licenses. Administrator McClure explained to Mr. Warner that last years budget allocated funds in the amount of $25,000.00 for Planning and Zoning in the Administrative Budget. This year the funds were taken from the Administrative budget and set up seperately in the amount of $10,660.00. The majority of comments were heard from people in the aud- ience who felt the amount and some of the requests from the Police Department's budget were out of line and too costly. Comparisons were made to Police Departments within 181 the State such as the City of Price and Richfield as they are similar in population. Councilman Brewer stated that Police coverage on the national average is 2.8 officers per 1,000 population. Moab currently has about 2.0 officers per 1,000 population. Officer Rich Haycock spoke up from the audience commenting that all of the officers purchase their own uniforms and put in a lot of hours they are not paid for. Officer Haycock stated that Moab is within the top ten in crime rate and if the citizens want expert law enforcement, then monies will have to be spent to sophisticate the equipment used by the department. Mr. George Johnson said that he felt more activities need to be set up for the youth of the community in order to cut down on crime. Councilman Tomsic told the group she served for many years on the Recreation Board while a member of the School Board and now represents the City. Many pro- grams are set up for the youth but die for lack of particip- tion. A member of the audience criticized an allocation for a Ocrime scene investigation van. Chief Stiles stated that they are requesting a used van which will replace a vehicle being retired from service. He added that additional crime [ta scene investigation equipment is needed, as officers have been using their own equipment. Chief Stiles further stated the nearest crime lab is in Emery County. Also criticism was heard from the audience about the Police Department requesting twelve gas masks. Chief Stiles explained his reasoning in requesting the gas masks was that in the event of a hazardous materials accident the officers would be equiped to clean it up. Several comments were made concern- ing a Colt automatic rifle requested by the Department. Chief Stiles stated that this equipment was for preparedness rather than regular use. One gentleman from the audience commented that all of the officers and money spend on equip- ment will "only create crime". Compliments regarding the fine Police Department Moab has and the excellent job they are doing were given by several members of the audience further stating that they felt the problems did not lie with the Police Department; further that they felt the problems did not lie with the Police Department, that it went past that point to the penalty applied to the crime. After hearing concerns and comments from the audience, Councilman Tomsic made the motion the public hearing be closed. Seconded by Councilman Brewer, approved unanimously. Attorney Penny Coffman, sitting in for Attorney A.J. Coffman commented about the proposed Animal Control Ordinance that will be discussed at the next regular meeting should include provisions for guard dogs and seeing -eye dogs in the City. The owners should be required to get a permit. This will enable the City to have better control over them. Attorney Coffman siad changes to Chapters 4-41, 42, and 43 would be amendments to the existing ordinance and could be done by resolution. Administrator McClure told the Council of a letter he re- ceived from Brian L. Hardy regarding a Health Fair to be held at the City Park, June 27, 1981. Mr. Hardy was request- ing permission and authorization to post notices for the Health Fair telling what was involved. The Council agreed to have information distributed. Administrator McClure also presented the Council with a request from Harley and Rita Leavitt witht the Great West Carnival of Phoenix for a business license to conduct a carnival within the City limits for four days. The four days beginning Wednesday, June 17 through Saturday June 20. The Council had no objections, other than a stipulation of an 11:00 curfew. The fee for the license will be as Officer Rich Haycock expressed feelings regarding budget Youth Activities discussed Crime Investigation van criticized Compliments to the Police Department Public Hearing Closed Proposed Ordinances Discussed Health Fair at City Park Great Western Carnival discussed 182 Carnival continued Bid awarded for Police Vehicle Lee Snellings hired for Police Officer - Introduction of new officers follows: $150.00 for the first day, $100.00 for the second day and $50.00 for each day after that, totaling $350.00. Councilman Peterson made the motion the Council grant the Carnival's Proprietor permission to operate for four days with the stipulation they clean up the grounds after they leave and close at 11:00 P.M. each night. Councilman Kelling seconded, approved unanimously. Administrator McClure announced that there was a bid opening this afternoon at 2:00 P.M. in the Administrative Offices for a Police Package vehicle. He said that requests for bids were sent to two local dealerships. The only bid receiv- ed was from Peterson Ford in the amount of $8,574.00 for a 1981 Ford LTD four door sedan police package. The City received a letter from Mahoney Chevrolet stating that they could not bid at this time because their factories are in between production. They have discontinued the production of the 1981 models and are not scheduled to start production of the 1982 models until December. Councilman Brewer made the motion the bid from Peterson Ford be accepted. Seconded by Councilman White, approved by majority vote, Councilman Peterson abstained from the vote. Administrator McClure said Chief Stiles has a recommendation to hire Mr. Lee Snellings for one of the tow vacancies for Police Officer I. Mr. Snellings is from Indio, California and has many hours of training as an EMT, in traffic control, radar and firearms. Councilman Tomsic moved the Council approve the hiring of Mr. Lee Ross Snellings to fill the vacancy of Police Officer I at the salary of $1,134.00 per month. Councilman White seconded, approved unanimously. Chief Stiles introduced Mr. Roger Coursey, recently hired in the Police Department as Patrol Sergeant to replace Ser- geant Brownell. Chief Stiles also introduced new Officers Barker and Treadway to the Council. No City Ordinance Chief Stiles brought another items to the Council's attention regarding the violation "regarding. fireworks. He said he had met with members of of fireworks the Fame Department who said that several recent brush fires have been stared by fireworks. Chief Stiles said there is a State statute against fireworks but no City Ordinance. Councilman Peterson expressed that it was something we would have to live with this year, then proceed with drafting and adopting an ordinance for the up -coming years. Line Item adjustment in budget Meeting with Spanish Valley Board Approval of the bills Recessed into executiv session Administrator McClure told the Council that by State Law the Budget Officer for the City (Administrator McClure) can make line item adjustments for various departments so that each department's dubget comes up with either a zero balance or surplus. Administrator McClure stated further that this can only be done by the Budget Officer within the same department. When funds have to be transferred from one department to another, it has to be authorized by the Council. A public hearing is not required but it has to be done at a regular Council meeting. This particular in- stance has arisen with the General Governmental Building Account. It is overspent by $15,381.00. Administrator McClure asks the Council to transfer funds from the Administrative budget to cover this. Councilman White so moved that $15,382 be transferred from the Administrative budget to the General Governmental Buildings account. Councilman Kelling seconded, approved unanimously. Councilman Peterson asked if and when the Council could meet with the Spanish Valley Board. Mayor Jacobs said the first of next week. The meeting was scheduled for Tuesday June 23, 1981 at 8:30 P.M. Councilman White made the motion the bills be paid as submit- ted in the amount of $233,719.15. Councilman Tomsic seconded, approved unanimously. Councilman Tomsic made the motion the meeting be recessed into executive session for a review of the 1981-82 Fiscal Year Budget at 10:58 P.M. Seconded by Councilman Brewer, approved unanimously. EXECUTIVE SESSION 18,3 AT 10:58 P.M. the Council recessed into Executive Session, during which they discussed the budget and decided to meet again on Tuesday, June 23, 1981 at 7:30 P.M. to review and approve the 1981-82 Fiscal Year Budget. Then the Council reconvened back into regular session at 11:10 P.M. By motion second and unanimous vote the Council authorized the hiring of Claus and Adkison to prepare the audit for the 1980-81 Fiscal Year. By motion, second and unanimous vote, the Council recessed the meeting at 11:20 P.M. until June 23, 1981 for the purpose of continuing the reveiw of the budget. ATTEST: M 0 Ralph M ur=, Recorder SPECIAL CITY COUNCIL MEETING June 23, 1981 A special meeting of the Moab City Council was called to order by Mayor Jacobs at 8:22 P.M. on the above date. Pres- ent were Councilmen Kelling, Brewer, White, Peterson and Tomsic, Executive Director Dave Bretzke, Dan Holyoak, Attor- ney Penny Coffman, Administrator McClure, Secretary Johnson, the Media, and nine citizens. The purpose of the meeting was to discuss the Spanish Valley sewer project. Dan Holyoak told the Council the District had received an ultimatum from the Farmers Home Administra- tion informing them that a,$500,000 grant previously alloc- ated to the project would be taken away if the District did not sign an agreement with the City to process sewage through the waste treatment plant. Mr. Holyoak also said that a grant from the Community Impact board for $238,000 may be withheld if an agreement is not reached. Mayor Jacobs said that improvements to the plant to bring it up to EPA standards needed to be made before allowing the District to hook on the additional 600 sewer connections from Spanish Valley. Mayor Jacobs further stated that the City will attempt to obtain about $200,000 from the Impact Board to assist with the improvements. He 'added that hooking on the addi- tional connections from Spanish Valley would give the City leverage in obtaining various funding. Mayor Jacobs has been assured that the City has been informed that such assistance is likely. Director Dave Bretzke added that the Farm Home Administrat- ion grant monies will be lost within one week if an agree- ment is not reached. Mayor Jacobs informed the group the City has supported the project through water purchase agree- ments. He stated that he does not want the City taxpayers to be required to pass a bond to pay for necessary improve- ments to up -grade the plant. He stressed that improvements should be made prior to allowing additional connections. Under the District's proposal, $90,000 has been set aside for improvements to the City's plant, which include chemical additives and tube settlers. Mayor Jacobs stated that if the $200,000 could be obtained, the need for chemical addi- tives could be eliminated through the installation of addi- tional filters and pumps. Mayor Jacobs estimates the mod - Special Meeting and attendance Spanish Valley Water and Sewer project 184 Sewer Plant continued Special meeting adjourned 1981-82 Fiscal Year Budget accepted ernization of the plant will cost approximately $1.5 million. Mayor Jacobs added that the City has funds set aside for the plant improvements. Attorney Penny Coffman stated that the City and the District had signed an agreement in 1979, specifying that the City would accept the sewage from the additional connections. Mr. Bretzke stated that the FHA refused to accept the finan- cial arrangements in the agreement, calling for an additional $1.00 per month fee for each connection in the District. Councilman brewer and Tomsic pointed out that, as the agree- ment contained provisions for the City to accept the sewage, it should be sufficient to obtain the funding. The 1979 agreement includes a ,clause which allows both parties to alter the surcharge, upon mutual agreement. A later agree- ment signed by the City and District did alter the fee sche- dule. The District officials expressed doubt over the 1979 agree- ment being acceptable to the Farm Home Administration, but would attempt to contact State Officials the following morn- ing. Mayor Jacobs said as soon as the Engineers, Nielson, Maxwell and Wangsgard have complied recommendations, a meeting will be set up with all the agencies: the City, the District, the Engineers and the State Health Department. The Special meeting l+as adjourned at 9:08 P.M. at which time the Council went into Executive Session for the purpose of discussing the 1981-82 Fiscal Year Budget. After a general discussion of the proposed budget, the execu- tive session was adjou'rned-and Mayor Jacobs reconvened the regular session of the Council at 9.45 P.M. Councilman White made the motion that the 1981-82 Fiscal Year Budget, includ- ing General Fund, Revenue Sharing Funds, Class "C" and Col- lector Road Funds, Special Revenue Funds, Department Service Funds and Captial Improveme.ts Funds be accepted, making total expenditures for the General Fund Budget $1,348,748.00 with changes as follows: An additional $5,000 added to the Revenue Sharing Budget bringing the total of Revenue Sharing Funds to $239,103. The additional monies come from an in- crease in Federal Funding. $300.00 was added to the Build- ing Inspection Department, $3,950.00 was added to the Waste Water Treatment Plant and $750.00 to Administration. Other change made was a reduction from $10,000 to $8,500 for the purchase of a patrol car and $500 was eliminated for a Colt automatic rifle. The administrative budget was increased $1,656 from $149,588 to $151,244 to provide a $100 per month pay increase for Administrator McClure. An additional $24,000 was added to the Sanitation budget, due to a calculation error in the proposed budget which listed expenditures at last year's level of $200,000. The Class "C: Road Fund was set at $65,000 and the Collector Road Fund at $45,000. Councilman White continued the motion, creating four addi- tional Capital ImOprovement Project Funds: $140,000 to the Building Account for the purchase of the Stocks Building; $40,650 for additions to the Sewer Plant; $24,000 for replac- ment filters at the swimming pool; and $30,000 for the cons- truction of Arroyo Road. Councilman Kelling seconded the motion. A roll -call vote was taken, all members present voting aye, the motion was approved unanimously by roll -call vote. Councilman Tomsic moved for adjournment of the regular ses- sion at 11:05 P.M., seconded by Councilman Brewer, approved unanimously by roll -call vbte. SPECIAL CITY COUNCIL MEETING 185 July 1, 1981 A special meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. The meeting was called in order for the Moab City Council, Grand County Commissioners, Sheriff Nyland and Chief of Police Stiles to discuss the inadequacy of the telephone system in both the Sheriff and Police Depart- ment's offices. Mayor Jacobs called the meeting to order at 7:43 P.M. Those attending included: Councilmen White, Kelling, Tomsic, and Peterson, Administrator McClure, Comm- issioners Jacobs and Steele, Secretary Johnson, the Media, Continental Telephone Communications Consultant Vanita Hunt and Installer Pete Herrick. Sheriff Nyland told the group this meeting was. prompted by a statement, or committment that Rand Taylor of DURA made regarding a donation of $10,000 towards a new telephone and dispatch system. Sheriff Nyland further stated that the present telephone system in the Sheriff's office is obsolete. More in -coming lines are needed, as well as out- going lines. Chief Stiles stated the same situation exists in the Police Department. WQ Mrs. Vanita Hunt, Communications Consultant for Continental Telephone presented the Council and the Commissioners a proposal for both the Sheriff's Department and the Police Department. The phones would all tie into the Dispatcher office. Mrs. Hunt explained the proposal outlining the objectives, features, benefits and equipment specifications. She introduced the Meritor System, an advanced electronic key telephone that has the capacity of twelve (12) incoming lines and 36 extensions. After some discussion, it was determined twelve lines would not be adequate, therefore the phone one step above the Meritor System, The Meritor EK-2260 was recommended. The Meritor EK-2260 has a capacity of 22 lines and sixty (60) extensions. Some of the standard features include multi -line service, privacy, calls cannot be interupted or monitored unless done by the controlling extension. This system permits up to six (6) simultaneous and private intercom paths. Four paths are standard. Mrs. Hunt further stated that the system has optional fea- tures which include Hotline connection possibilities. The total cost of the Meritor EK-2260 System installed with conduit is $19,233.00. If the equipment is installed without conduit, the cost will be $21,856.00. The installer, Mr. Herrick strongly recommends the system be installed with conduit. The price includes one year warrenty on material and workmanship. It also includes initial station user training. A service contract is available at $35.00 per hour, plus the materials. This price is valid for thirty (30) days. Several questions were asked regarding the "Hot- line" Service and burglary alarms. Mrs. Hunt said she was not sure without checking if this can be done, but thought they could be added onto the system. The Council and Commissioners agreed the present phone systems definitely needs to be up -dated. Several suggestions were made, as to soliciting bids. Rand Taylor told the group the prices quoted tonight were inflated. Mr. Taylor said he was familiar with this type of equipment as he worked for two phone companies previously. He said he would be willing to raise $6,000 to $10,000 for the up -dating of the phone system. Mr. Taylor further stated that he had talked to Mr. Mays, Manager and Mr. Yates, District Manager of Continental Telephone Company and they were willing to work out some public relation related ad's with the Radio Station which could be used to lower the cost of the phone system. Councilman White suggested that Royce's Electronics be notified, as they are distributors of elec- tronic equipment. Mayor Jacobs suggested bid spec's be drawn up, advertised locally and also copies of advertise- ment be sent to various electronic companies that supply Special Meeting and attendance Inadequate and Obsolete Telephone Equipment Continental Telephone proposal Bidding procedure determined 18 Adjournment Regular Meeting and Attendance such equipment. Administrator McClure asked Mr. Taylor to assist in preparing the bid spec's for the new phone system. Mr. Taylor agreed to help in any way he could. Councilmen and Commissioners agreed with the Mayor's sug- gestion to prepare an advertisement and distribute in Salt Lake City, Denver, and so forth. Commissioner Steele moved the meeting be adjourned at 9:11 P.M. ATTE,S,0101°!::, Mc' re. Recorder CITY COUNCIL July 7, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Court- house. Mayor Jacobs called the meeting to order at 8:05 P.M. Present were Councilmen Kelling, White and Tomsic, Attorney Coffman; Administrator McClure, Chief Stiles, Engi- neer Keogh, Building Inspector/Zoning Administrator Kelley, Animal Control Officer Steele, Secretary Johnson, the Media and one citizen. Councilmen Peterson and Brewer were out of town. Approval of the Councilman Tomsic made the following corrections to the Minutes of June 16th minutes of the regular meeting of June 16, 1981: On the first page, third paragraph, change the word huge to large. Page three, second paragraph, Mr. Izzy Nelson answered Mr. Warners question, not the Mayor. Page four, fifth paragraph, the last sentence, change to read, "...served for many years on the Recreation Board while a member of the School Board and now represents the City." Councilman White made the motion the minutes be approved with the above corrections Councilman Kelling seconded, approved unanimously. Minutes of Special A motion was made, seconded and withdrawn for approval of Meeting of June 23rd the minutes of the Special Meeting of June 23, 1981. After tabled some discussion to change the last paragraph, Councilman Kelling made the motion the minutes of June 23, 1981 be tabled until corrections can be made. Seconded by Councilman Tomsic, approved unanimously. Approval to hire Chief Stiles made a recommendation to the Council for the 2 officers and secret y hiring of two officers. David J. Brown and Robert Keating in Police Department as Police Officer I's at the beginning salary of $1.134.00. Both men have backgrounds in criminology; Mr. Brown has extensive training and has worked as an EMT. Mr. Keating has a Bachelor's Degree in Criminal Justice. Both men will have to be sent to POST to be certified. Chief Stiles also presented Roxie Mallon for the position of Police Secretary. Councilman Tomsic made the motion the Council accept the recommendation of Chief Stiles to hire David J. Brown and Robert T. Keating at the beginning salary of $1,134.00 per month and Roxie Mallon at the beginning salary of $807.00 per month. Councilman Kelling seconded, approved unanimously. Beer License for the Mayor Jacobs asked Chief Stiles if the investigation of Hitch-N-Post the beer license for the Hitch-N-Post had been completed. Chief Stiles reported he has not received all the information needed to complete his investigation. Mayor Jacobs asked if the proprietors had also requested a cabaret license. Chief Stiles informed him they had only applied for a beer license. 187 A Public Hearing was held for the purpose of adopting Ordi- nance #3-81. Building Inspector Kelley told the Council the previous ordinance was inadequate, as some of the fees were too high and some too low. Other categories were not covered at all. This ordinance will simplify and put the fees into perspective. Councilman Tomsic commented that Mr. Kelley did a good job in preparing the ordinance. She questioned the last page under the Valuation Fee. Mr. Kelley told her this was items not specifically covered. Councilman Tomsic made the motion the Council adopt Ordinance #3-81 pertaining to the Building Permit Fee Increases. Councilman White seconded, approved unanimously by roll -call vote. Ordinance #3-81 will be come effective July 20, 1981 after it has been advertised. Ordinance #3-81 as follows: ORDINANCE NO. 3-81 BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF MOAB, UTAH THAT ORDINANCE NO. 8-80 BE REPEALED AND SUPERSEDED BY THE FOLLOWING AND SECTION 5-3 OF THE MOAB CITY CODE BE ORDAINED C7 AS FOLLOWS: CD Section 5-3 Same -Permit Fees. r al L4 The building permit fees applicable in the City for use under the Building Code adopted by this Chapter shall be as follows: 1. Dwellings and duplex Type V Construction: Fee: $.9.5 Sq. Ft. Finished Floor Area $.011.5 Sq. Ft. With Basement Valuation: $24.00 Sq. Ft. Without Basement $28.00 Sq. Ft. With Basement 2. Apartment Houses: Fee: $.019 Sq. Ft. Valuation: $30.00 Sq. Ft. 3. Basements: Fee: $10.00 Minimum - Over 200 Sq. Ft. $.06 Sq. Ft. ValuationL $7.50 Sq. Ft. Wood $8.50 Sq. Ft. Concrete Block 5. Carports, Covered Patios, Decks, Porches and Roofing: Fee: $10.00 Min. - Over 250 Sq. Ft. $.03.5 Sq. Ft. Valuation: $4.00 Sq. Ft. 6. Fences: Fees: Wood-4'High - $5.00 Min. First 50' plus $.05 ea. ft. Wood-6'High - $5.50 Min. First 50' plus $.06 ea. ft. Chain-4'High - $4.00 Min. First 50' plus $.03.5 ea. ft. Chain-6'High - $4.50 Min. First 50' Plus $.04.5 ea. ft. Valuation; $6.00 Linear ft. wood $4.00 linear ft. Chain 7. Retaining Wall - Concrete: Fee: $7.50 Min. 4' Wall first 50' plus $.09.5 ea. lin. ft. $10.00 min. 6' wall first 50' plus .11.5 ea. lin. ft. Valuation: 4' $7.00 lin. ft. 6' $9.00 lin. ft. 8. Fireplace: Fee: $10.00 Built in or Freestanding Valuation: $500.00 ea. unit 9. sings: Fee: $10.00 min. up to 30 sq. ft. plus $0.12 ea. sq. ft. ValuationL $10.00 per sq. ft. Public Hearing - Building Permit Fees Increases Ordinance #3-81 188 Ordinance No. 3-81 (Continued) 10. Excavation and Grading: Fee: $10.00 for 100 cubic yards or less $15.00 for 100 to 500 cubic yards plus $7.00 for ea.100 11. Plan and Review Check: Fee: $10.00 Min. over $3,500.00 when necessary, plus $10.00 per hour. 12. Sidewalk: Fee: $5.00 min. first 10 ft plus $.50 lin.ft. Driveway: Fee: $7.50 min. first 10 ft plus $.75 lin.ft. Curb -out: Fee: $10 min first 10 ft. plus $1.00 lin.ft. 13. Demolish: Fee: 500 sq. ft. or less 500 sq. ft to 200 sq. ft. Over 200 sq. ft. 14. Move on Fee: $2.00 $7.00 $7.00 plus $2.00 per 100 sq. ft. or fraction $20.00 - Building or mobile homes, plus foundation, water, sewer and other structural improvements. 15. Street Opening: Fee: $15.00 min. plus $2.00 sq. ft. dirt and gravel $ 3.00 sq.ft. hard surface paving 16. Plumbing - fixtures outlets ( new or remodel) Fee: $3.50 min. plus $.25 outlet $15.00 Cesspool $20.00 Private Sewage Disposal $10.00 Sprinkler system, house or small business $20.00 Swimming pool plus electrical and plumbing 17. Electrical: Fee: $3.50 min. plus $.10 outlet Res. $10.00 min. charge service entrance, change, temporary or permanent Commercial: $20.00 min. 18. Mechanical: Fee: $5.00 min. charge - Heating units, cooling systems, gas connection (inspection) 19. New construction - Commercial and Industrial: Fee: $.015 Sq. Ft. Warehouse, public garage, service stations, industrial plants. Valuation: $20.00 Sq. Ft. Fee: $.022 Sq. Ft. Churches, Hotels, Motels, Office, Store Valuation: $35.00 sq. ft. Fee: $.025 Sq. Ft. Banks, medical offices, theaters, schools and restaurants Valuation: $40.00 sq. ft. Fee: $.036 Sq. Ft. Hospitals Valuation: $60.00 sq. ft. 20. Total Valuation Fee (labor and material) to be used on any structure not covered on specific item above: TOTAL VALUATION: FEE: $200.00 to $500.00 $10.00 $501.00 to $2000.00 $10.00 first $500.00 plus $1.50 each additional $100 or fraction thereof, to and including $2,000.00 189 $2,001.00 to $25,000 $32.50 for the first $2,000 plus $6.00 for each additional $1,000 or fraction thereof, to and including $25,000.00 $25.001.00 to $50,000 $170.50 for the first $25,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001.00 to $100,000 $283.00 for the first $50.00 plus $3.00 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001.00 and up $433.00 for the first $100,000 plus $2.50 for each additional $1,000 or fraction thereof. 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 on July 20, 1981. PASSED by the unanimous vote of all members present of the City Council of the City of Moab, Utah, this 7th day of July, 1981. APPROVED: ATTEST: Ralp cClure, Recorder The second public hearing was help to approve and adopt Ordinance #4-81 amending Moab City Code, Chapter 4, entitled Animals and Fowl, Sections 4-1 through 4-40. Dr.Donald Hoffman had several comments, questions and suggestions about the proposed ordinance. After a lengthy discussion, the Council decided to have the Attorney, Animal Control Officer and the beterinarian meet to make these changes. Councilman Tomsic made the motion the Council table the Animal Control Ordinance until further review and discussion can be made to include suggestions mentioned during the public hearing. Councilman Kelling seconded, approved unani- mously by roll -call vote. A third public hearing was held to discuss the proposed transient merchant ordinance, #5-81. The ordinance defines the transient merchant, requires the merchant to post a $1,000 bond along with the application. A background invest- igation will be conducted along with fingerprints. Under the proposed ordinance, the applicant shall pay a .5 per cent tax on gross sales. The purpose of the ordinance is to reduce the so called "fly by night" operations and pro- tect the citizens of the City. Compliments were given to Attorney Coffman and Councilman Brewer who were instrumental in preparing this ordinance. Councilman Tomsic made the motion the Council adopt Ordinance $5-81 with one change in section 5-115, "Expiration of License" Licenses issued under this ordinance will expire after one (1) year, rather than the usual ninety (90) days. Councilman White seconded approved unanimously by roll -call vote. This ordinance will take effect as of January 1, 1981. Ordinance 3-81 Continued Public Hearing - Animal Control Ordinance Public Hearing - Transient Merchant Ordinance 190 Ordinance # 5-81 ORDINANCE NO. 5-81 AN ORDINANCE DEFINING, REGULATING AND LICENSING TRANSIENT MERCHANTS, ITINERANT MERCHANTS AND ITINERANT VENDORS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB: Section 5-101. License Required: It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in Section 5-102 of this Ordinance to engage in such business within the City of Moab without first obtaining a license therefore in compliance with the provisions of this Ordinance. Section 5-102. Definitions: For the purpose of this Article, a transient merchant is hereby defined.to be any person or agent, servant or employee of any person who shall exhibit, sell or offer for sale, at retail, any goods, wares, merchandise or foodstuffs in or from any hotel, rooming house, dwelling house, boarding house, store, storeroom, stall, tent, building, structure, stand, railroad car, motor vehicle or other place in the City, and who shall not occupy such place for the purpose of conducting a permanent business therein. The person so engaged shall not be relieved from the provisions of this Chapter by reason of association temporarily with any local dealer, trader, merchant or auct- ioneer or by conducting such tempirary or transient business in connection with or as part of or in the name of any local dealer, trader, merchant or auctioneer. (Ordinance No. 1-68) PROVIDED, HOWEVER, any sale made by an organization, or for the benefit of an organization which qualifies as a charitable organization, shall be exempt from the application of this Ordinance. Section 5-103. Application: Applicants for license under this Ordinance, whether a person, firm or corporation, shall file a written sworn application signed by the appli- cant, if an individual, by all partners if a partnership, and by the president if a corporation, with the Recorder/Adm- inistrator, showing: (a) The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the City of Moab; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated; (b) The fingerprints of the person or persons having the management or supervision of applicant's business or in lieu thereof, at least three letters of recommendation from reliable property owners in the County of Grand, State of Utah, certifying as to the applicant's good character and business responsibility, or other evidence which estab- lishes to the satisfaction of the Recorder/Administrator the good character and business responsibility of such person or persons; (c) The place or places in the City of Moab where it is proposed to carry on applicant's business and the length of time during which it is proposed that said business shall be conducted; (d) The place or places, other than the permanent place of business of the applicant, where applicant within the six (6) months next preceeding the date of said applica- tion conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted; 191 (e) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the City of Moab, the invoice value and quality of such goods, wares and merchan- dise, whether the same are proposed to be sold from stock in possession of from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manfactured or produced and where such goods or products are located at the time said applic- ation is filed; (f) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Recorder/Admi- nistrator, copies of all of said advertising, whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto; (g) Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense CD and the punishment assessed therefore; (h) Credentials from the person, firm or corpor- 44 ation for which the applicant proposes to do business, authorizing the applicant to act as such representative; and (1) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Recorder Administrator may deem proper to fulfill the purpose of this Ordinance in the protection of the public good. Section 5-104. Investigation and Issuance: Upon receipt- of such application, the Recorder/Administrator shall cause such investigation of such person's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsat- isfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the Recorder/Administrator shall so certify in writing, and a license shall be issued by the Recorder/Administrator. The Recorder/Administrator shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license the date same is issued, the nature of the business author- ized to be carried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under said license, and the name or names of the person or persons authorized to carry on the same. Section 5-105. Bond: Before any license, as provided by this Ordinance, shall be issued for engaging in a trans- ient or itinerant business as defined in Section 5-102 of this Ordinance in the City of Moab, such applicant shall file with the Recorder/Administrator a bond running to the City of Moab the sum of One Thousand Dollars ($1,000.00) executed by the applicant, as principal, and two sureties upon which service of process may be made in the State of Utah; said bond to be approved by the City Attorney, conditioned that the said applicant shall comply fully with all of the provisions of the Ordinances of the City of Moab and the statutes of the State of Utah, regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against said applicant for any violation of said Ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage Ordinance M5 -81 (continued) 192 Ordinance #5-81 (continued) growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever, print- ed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form, and as to the responsibility of the sureties thereon. Section 5-106. Service of Process: Before any license as herein provided shall be issued for engaging in business as an itinerant merchant, as herein defined, in the City of Moab, such applicant shall file with the Recorder/Admini- strator an instrument nominating and appointing the Recorder/ Administrator, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on benalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and the bond given as required by the Section 5-105 of this Ordinance, or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agtees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personnaly served upon the person or persons applying for the said license under this Ordinance, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the Recorder/Administrator, as herein pro- vided, the Recorder/Administrator shall send to the licensee at his last known address, by registered mail, a copy of said process. Section 5-107. Exhibition of License: The license issued under this Ordinance shall be posted onspicuously in the place of business named therein. In the event that such person or persons applying for said license shall desire to do business in more than one place within the City, sep- arate licenses may be issued for each place of business and shall be posted conspicuously in each place of business. Section 5-108. Fees: (a) Licensees under this Ordinance shall pay a fee based upon the gross amount of sales by such person and shall be at the rate of one-half of one percent (.5h). (b) Every person conducting a business licensed under this Ordinance shall, on the first business day of each week, and upon discontinuance of business in the City of Moab, present to the Treasurer of said City, at his off- ice, a verified statement showing the total sales made during the preceeding week and shall pay to the Treasurer the amount of licence fee hereinbefore provided, for sales made during the previous week. The Recorder/Administrator and any other officer designated by himshall have power and authority to enter any store, building, or any other place in which such temporary business may be conducted at any time during business hours for ascertaining the amount of sales made and shall at all times have access to the books of such business. Section 5-109. Transfer: No license shall be transferred without written consent from the Mayor as evidenced by an endorsement on the face of the license by the Recorder/Admin- istrator showing to whom the license is transferred and the date of the transfer. Section 5-110. Loud Noises and Speaking Devices: No lisensee shall under this Ordinance, nor anyone in his be- 193 half, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speak- ing radio or amplifying system upon any of the streets, alleys, parks or other public places of the said City or upon any private premises in the saidCity where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attract- ing attention to any goods, wares, or merchandise which such licensee proposes to sell. Section 5-111. Duty of Police to Enforce: It shall be the duty of the police officers of the City of Moab to examine all places of business and persons in their respective territories subject to the provisions of this Ordinance, to determine if this Ordinance has been complied with and to enforce the provisions of this Ordinance against any person found to be violating the same. Section 5-112. Records: The Recorder/Administrator shall deposit the record of fingerprints of licensee, to- gether with a license number, with the Chief of Police; the Chief of Police shall report to the Recorder/Adminis- CD trator any complaints against any person licensed under C..) the provisions of this Ordinance; the Recorder/Administrator 14 shall keep a record of all such lisenses and of such com- (,_] plaints and violations. Section 5-113. Revocation of License: (a) The permits and licenses issued pursuant to this Ordinance may be revoked by the City Council of the City of Moab, after notice and hearing, for any of the following causes: 1. Any fraud, misrepresentation or false state- ment contained in the application for license; 2. Any fraud, misrepresentation or false state- ment made in connection with the selling of goods, wares, or merchandise; 3. Any violation of this Ordinance; 4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or 5. Conducting the business licensed under this Ordinance in an unalwful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address, at least five (5) days prior to the date set for the hearing. Section 5-114. Appeal: Any person aggrieved by the decision of the Recorder/Administrator in regard to the denial of application for license as provided for in Section 5-104 of this Ordinance or in connection with the revoca- tion of a license as provided for in Section 5-113 of this Ordinance, shall have the right to appeal to the Council of the City of Moab. Such appeal shall be taken by filing with the City Council within fourteen (14) days after notice of the decision by the Recorder/Administrator has been mailed to such person's last known address, a written state- ment setting forth the grounds for the appeal. The City Council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 5-113 of this Ordinance for notice of hearing on revocation. The order of this City Council on such appeal shall be final. Ordinance #5-81 (continued) 194 Ordinance #5-81 Continued Footing and Foundation standard au,,ptsd. Resolution # 81-5 Arches Subdivision, Huntridge Plaza, and encroachment discussed Ordinance #6-81 adopted Section 5-115. Expiration of License• A11 licenses issued under the provisions of this Ordinance shall exprie one (1) year after the date of issuance thereof unless a prior date is fixed therein Section 5-116. Penalty: Any person, firm or corpora- tion violating any of the provisions of this Ordinance shall, upon conviction thereof, be punished by a fine not to exceed One Hundred Dollars ($100.00) or by imprisonment not to exceed sixty (60) days, or by both such fine and imprison- ment. Section 5-117. Severance Clause• If any section, sen- tence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, or the OYdinance as an entirety it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of such section, sen- tence, clause of phrase. Section 5-118. Repeal of Conflicting Ordinances• A11 Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 5-119. Effective Clause: This Ordinance shall take effect as of January 1, 1981, A.D., and all payments made by transient merchants betwen that date and the date of the enactment of this Ordinance may claim a refund for any amounts so tendered which would be in excess of their liabilities pursuant to this Act, and upon proof satisfactory to the Recorder/Administrator of being entitled to such refund, the Recorder/Administrator shall bring before the City Council of the City of Moab a request for such refund for action by the City Council of the City of Moab. ADOPTED THIS 7th day of July, 1981 A.D. APP D arold J ATTEST/ Y. cClure. R corder s, Mayor Building Inspector Kelley presented the Council with a dia- gram with specifications to apply to all construction in the City for footing's and foundation's. Engineer Keogh mentioned that this diagram was acceptable and met require- ments of FHA and VA. Councilman White made the motion the Council adopt, by recommendation of Building Inspector Kelly, the footing's and foundation statdards. Seconded by Council- man Tomsic, approved unanimously by roll -call vote. Resolut- ion #5-81 follows minutes. Engineer Keogh told the Council the Arches Subdivision will soon be paved. He also mentioned the new apartment complex near Mountain View is moving right along. Also he said he did not see any problem with extending the property line and the encroachment for the new Medical Center to be built on North Main. This will have to be authorized by the Board of Adjustments. An involved discussion developed regarding the storm drain or drainage ditch adjacent to Utah Power and Light property. Administrator McClure presented the Council with Ordin- ance No. 6-81 creating four Capital Improvement Funds. They are as follows: $140,000.00 for the purchase of the Stocks Building; $40,650.00 for additions to the Disposal Plant; $24,000.00 to replace filters at the Swimming Pool; 195 and $30,000.00 for the continuation of Arroyo Road. Council- man Tomsic made the motion tlie Council adopt Ordinance No. 6-81 creating Captial Improvement accounts from Revenue Sharing Funds. Councilman White seconded, approved unani- mously by roll -call vote. ORDINANCE NO. 6-81 THE CITY COUNCIL OF THE CITY OF MOAB, DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, at a continuation of the regularly scheduled meeting of the City Council on the 23rd day of June 1981, after due and careful consideration, the Council by unani- mous decision transferred Revenue Sharing Funds to Capital Improvement Funds as follows: REVENUE AMOUNT FROM SHARING $140,000.00 $ 40,650.00 $ 24,000.00 $ 30,000.00 TO ACCOUNT OF: USE OF FUNDS Building Purchase of Stocks building Sewer Plant Addition to Plant Swimming Pool Replace Filters Road Construction Construction of Arroyo Road DONE IN COUNCIL THIS 7th day of July A.D., 1981. APPR V'D: /A Harold ATTEST: Ralp Clure, Recorder Administrator McClure told the Council there is a movement throughout the County towards mobile homes and manufactured homes. Inspector Kelley recently attended a Mobile Home Seminar sponsored by the Utah League of Cities and Towns. Administrator McClure said eventually ordinances will hot prohibit manufactured or mobile homes on private lots within the City. He further stated that with the cost of conven- tional homes and the interest rates, home buyers are turning to these homes. Administrator McClure told the Council, a set amount needs to be designated limiting the amount of purchases made by the Department Heads. He further stated that a blanket- orderrequisition system can be used. He further said the Council need:, to make a notion authorizing the Budget Off- icer to sign -off line items from Revenue Sharing Funds. Also require any purcl-ase over $500.00 to_ be authorized by Council. Councilman bite made the motion that blanket purchase orders issued by the Department Heads not exceed $100.00 per month, and the Budget Officer approve purchase requests from Revenue Sharing line items, and the Budget Officer be authorized to approve other purchases up to $500.00 without Council approvel, other than specified line items. Councilman Kelling seconded, approved unanimous- ly by roll -call vote. Ordinance #6-81 Mobile Home living rapidly gorwing. Limits set on amount of purchases. 196 Discussion regarding Charing interest on past due accounts. Carr Printing authorized to do Election Printing Low -Income housing funds turned over to Grand County Air Conditioning Unit to go to bid. Class on discriminatio to be held in Moab. Personal action forms tabled. Frank Hobb's bond Approval of the Bills. Adjournment Administrator McClure told the Council forms have to be prepared for computer input. He said before these forms can be printed the Council has to decide whether to charge interest on past due accounts and if so, at what rate. He suggested the City charge 2 percent (2%) on the past due accounts. A discussion followed concerning the rate of in- terest and whether to charge interest. Councilman White made the motion the Council authorize the billing of 1A percent, 18 per cent per annum on all over -due (30 days) utility bills. The motion died due to a lack of a second. Administrator McClure suggested the Council hire the Carr Printing Company to print all of the election forms for the up -coming elections. Councilman Kelling made the motion, seconded by Councilman Tomsic, approved unanimously by roll - call vote. Administrator McClure told the Council the City is eligible to receive $1,679.00 for Low -Income Housing Loan Program. The allocation formula is based on the total population of each county. Therefore, each City and unincorporated County participating will be granted a portion of the entire County allocation. This money is turned over to Grand County to be dispersed. Councilman Tomsic so moved to turn said monies over to Grand County. Seconded by Councilman Kelling, approved by roll -call vote. _dministrator McClure presented a quote from Nelson's Heating and Refrigeration for a refrigerated air conditioning unit, in the amount of $952.00. He further stated that it is a 17,000 BTU unit to be installed in the Computer Room. This quotation includes the installation. Councilman Tomsic made the motion to accept the bid from Nelson's. The motion died for a lack of second. The Council members felt this should go out to bid as there are other dealers and distributors for these units. Administrator McClure presented a request from Chief Stiles to hold a class concerning possible areas of discrimination. A law firm out of Denver will come to Moab and conduct this class. It will be one day, eight hours and all materials will be included. The cost to the City will be $415.00. Attorney Coffman and several members of the Council said they would like to attend the class. Councilman Tomsic made the motion to authorize the Damos and Smith Firm to come to Moab to conduct a class about discrimination. Seconded by Councilman White, approved unanimously by roll -call vote. Administrator McClure presented the Council with personnel action forms to be approved by the Council. Councilman Tomsic had many comments to make regarding the personnel action forms, merit increases, and the salary scale. Several ideas were discussed regarding making one salary adjustment, once a year. After a lenghty discussion, Councilman White moved the Council table the salary increases until the next meeting Councilman Tomsic seconded, approved unanimously by roll -call vote. Councilman Kelling mentioned receiving a letter from the Bonding Company concerning the Hobbs Subdivision Bond. Evi- dently Mr. Hobbs has sold the subdivision, but has not com- pleted the sidewalks. The City will not release the bond until all sidewalks are completed. Attorney Coffman said that even though Mr. Hobbs disposed of the subdivision, he is still obligated to the bond. Attorney Coffman will notify Mr. Hobbs concerning his obligation. Councilman White moved the bills be paid in the amount of $62,257.30 as submitted. Seconded by Councilman Tomsic, approved unanimously by roll -call vote. Councilman White made the motion the meeting be adjourned at 11:53 P.M., seconded by Councilman Tomsic, approved unani- mously. ATTEST: / i APP a p .re, 'ec•r•er arold Jacobs, ayor RVSOLUI LJty , 5-81 19 BE IT RESOLUVED BY THE MOAB CITY COUNCIL this 7th day of July, 1981, that the footing and foundation specific- ations set forth on Exhibit "A" apply to all construction herein the City of Moab. PASSED by the unanimous vote of all members present of the City Council of the City of Moab this 7th day of July, 1981. ATTEST: rl Ralp Clure, Recorder V az Gs7 CITY COUNCIL July 21, 1981 A regular meeting of the Moab City -Council was held on the_above date in_ the City Council Chambers of the Grand County Courthouse. Mayor Jacobs called the meeting to order at 8:05 P.M. Present were_Couneilmen,Tomsic,-Kelling, Brewer White and Peterson. Also present were Attorney Coffman, Administrator McClure, Attorney Snow, Dan Holyoak, Dave Bretzke, Darwin Gilger, Secretary Johnson, the Media and eleven citizens. Councilman Tomsic made one correction to the minutes of June 23, 1981. On the last page, last paragraph, reading ..."adjourned the Executive Session.", it should read, ..."adjourned the regular session'. Councilman Tomsic made the motion the minutes of the June 23, 1981 meeting be approved with one correction. Seconded by Councilman Brewer, approved unanimously. Councilman Tomsic made two correct- ions to typing errors on page two, third paragraph of the minutes of July 7, 1981. Councilman White made the motion the July 7, 1981 minutes be approved as corrected. Council- man Kelling seconded, approved unanimously. Chief Stiles introduced three new employees: Officer Lee Snellings, David brown and Robert Keating. The Council welcomed the new Officers. Members of the Spanish Valley Water and Sewer Improvement District Board were present to discuss grant money, a letter from their Attorney Harry Snow and other matters pertaining to the sewer project. Mayor Jacobs asked the Community Impact Board to refrain from releasing a $284,000 grant to the District until major improvements and up -grading of the City's Disposal Plant can be made. After a lengthy discussion, Councilman Kelling made the statement she felt the Mayor should be asked to release his instructions to the Impact Board and turn the money loose with the guarantee that the City is given the $90,000 as discussed previously and that the City should make the sewer plant improvements and the District be allowed to mave ahead with their busi- ness. She further stated she would put this in the form of a motion and Councilman Brewer seconded. A further dis- cussion insued regarding the installation of lines, the time span of the installation, the Disposal Plant improve- ments and a committment by the City to accept 600 connect - Resolution #5-81 Regular Meeting and Attendance Approval of the Minutes Introduction of three new officers Sewer Project 198 Sewer project continued Engineer Keogh's comment: Four new Ordinances discussed Swim Pool requests Scuba diving lessons approved Request to vacate Orchard Heights subdiv- ision Thora Twitchell insura- nce claim ions. Dan Holyoak stated the District would be obligated to their proportionate share of the upkeep of the plant along with the initial sum of $90,000.00. Councilman Peterson asked what the figure was for the Disposal Plant expansion. Mayor Jacobs told Councilman Peterson the engineers, Nielson, Maxwell and Wangsgard estimate the up -grading of the Disposal Plant at $360,000. After the District's committed $90,000, the City still has to come up with $270,000, of which, if the City can use the $200,000 of a loan in their possession for the water tank project, it would only leave $70,000. Also, the City has allocated $40,000 for boilers and pumps out of Revenue Sharing Funds to do improvements to the Plant. Councilman Kelling's motion was approved unanimously. Engineer Keogh mentioned the crews were having problems making a sewer connection for the Huntridge Plaza Apartment Complex, sut has since located the connection. He stated the drainage problem on Fifth West in front of Skip Nightin- gale's house had,been corrected. Attorney Coffman told the Council he sent copies of the revised Animal Control Ordinance to the Beterinarian, Dr. Roffman, asking his review, comments and/or additions. There- fore, the public hearing should be continued until the next regular session. The Council briefly discussed several -sec- tions of the proposed Ordinance. Councilman White made the motion the Council table the ordinance until two weeks from today at the next regular City Council meeting. Councilman Kelling seconded, approved unanimously. Attorney Coffman also mentioned four other proposed ordinances. Attorney Coffman suggested the Council set a public hearing on these ordinances. Councilman Tomsic so moved, seconded by Council- man Brewer, approved unanimously. Administrator McClure told the Council he received a letter from JoAn Mortenson, Supervisor of the Swimming Pool, re- questing that a portion of the registration fee for members of the Swim Team be used for team t-shirts. Each member must pay $15.00 registration fee in addition to the cost of a regular swim session. They would like to use $5.00 of the fee for t-shirts. Also the letter requests some help in furnishing transportation to and from these swim meets. Councilman Tomsic said she felt this matter could be sponsor- ed by the Recreation Board. Councilman Peterson made the motion the Council allow the swim team to have meets and to buy the t-shirts. Seconded by Councilman Brewer, approved by majority'vote, Councilman Tomsic voting nay. Administrator McClure mentioned another rquest from the Swim Pool Supervisor that the. Council allow scuba diving lessons to be taught at the Swim Center. The lessons will cost $175.00 per person and they must have at least ten people enrolled before the instructor will come here. After some discussion regarding possible problems, Councilman Peterson made the motion the Council approve the scuba diving lessions. Councilman Brewer seconded, approved unanimously. Mr. Howard Lance was in attendance at the meeting to dicuss with the Council the possibility of vacating a recorded subdivision plat in the Southeast end of Moab City. In 1963 the property was subdivided and recorded but was not developed. Administrator McClure stated that people having purchased the lots must agree to vacate the subdivision. Mr. Lance told the Council the subdivision did not meet the current subdivision standards as the lot sizes are too small. Attorney Coffman told the group he would prepare an ordinance to vacate the subdivision. Councilman Tomsic made the motion the City Attorney be instructed to write up an ordinance vacating the Orchard Heights Subdivision. Councilman White seconded, approved unanimously. Administrator McClure mentioned an insurance claim involving Mrs. Thora Twitchell who fell into a water meter manhole while leaving a daughters house, causing injuries. Mrs. Twitchell contacted Administrator McClure and Mayor Jacobs stating that she would settle out of court. The two parties agreed to a sum of $500.00 to pay doctor expenses and help 199 compensate Mrs. Twitchells daughter who had to take time off work to care for her. Mrs. Twitchell will sign a re- lease, releasing the City of any liability. Administrator McClure said the City has two alternatives in this case; either go ahead and pay Mrs. Twitchell the $500.00 or report this to the City's insurance company. After discuss- ing this, the Council felt it should be handled by the insurance company. Administrator McClure mentioned that the Discrimination Class will be held as scheduled on July 31, 1981. The morning session will be open to the Councilman, Attorney, Administrator and supervisors and will run from 8:00 A.M. to noon. The afternoon class will be private for the Police Officers. Administrator McClure requested the Council's authorization to waive advertising and the bidding procedure to 'purchase twenty thousand rounds (one years supply) of ammunition in the amount of $1,768.00. Chief Stiles stated that he checked four different outlets and found this one to be the least expensive. The officers are required to maintain a score of 70 with their firearm qualifications. After briefly discussing the ammunition and procedures of purchas- ing and so forth, Councilman Brewer made the motion the Council authorize the purchase of ammunition for the Police Department. Seconded by Councilman White, approved unani- mously. Administrator McClure presented the Council with a recom- mendation from Chief Stiles to approve the application for a beer license for the Hitch-N-Post stating that back- ground investigations were conducted and completed without any information determining the license should not be issu- ed. Councilman Peterson made the motion the beer license for the Hitch-N-Post be approved. Councilman Brewer seconded the motion, approved unanimously. After doing research and some checking Administrator McClure recommends to the Council the membership dues for the Utah League of Cities and Towns be paid in the amount of $1,403.13. Councilman Kelling so moved, Councilman Peterson seconded, approved unanimously. Administrator McClure announced that today at 2:00 P.M. the bid opening for the used van for the Police Department was scheduled, although the City did not receive any bids. The City did receive a letter from Mr. Peterson of Peterson Ford stating he was working on a used van and will have one available within thirty days. Administrator McClure suggested the Council give Mr. Peterson a firm committment as he was the only dealer showing any interest. The Council was in agreement to have Mr. Peterson pursue his checking. Administrator McClure stated there were two other bid open- ings yesterday. First, the air donditioning unit for the computer room. The City only received one bid; Nelson's Heating and Refrigeration in the amount of $898.62. Council man Peterson moved we accept the bid, seconded by Councilman Brewer, approved unanimously. The other bid opening was for an electric typewritter. Administrator McClure suggested the Council move ahead and purchase the Olivetti ET231. He further stated that IBM did contact us but did pot submit a bid as their machine did not meet the specifications. Administrator McClure said the Olivetti is to be purchased from Office Equipment Company for $2,200.00, less a trade-in of $700.00 for the Silver Reed which was purchased at that price and was very unsatisfactory. There is $900.00 budgeted for a typewritter so an additional $600.00 is needed, which was allocated from Revenue Sharing Funds. Councilman Brewer made the motion the Council purcase the Oliveti for $2,200. Councilman Kelling seconded, approved unanimously. Administrator McClure told the Council he was still trying to complete the 1980-1981 budget. There are still inter- Twitchell - Cont. Discrimination Class Authorization to purchasel yrs. supply of ammunition Hitch-n-Post beer license approved League of Citiues membership approved Van Bid opening Air-conditioning bid and Typewritter bids Authorization for Administrator to make transfer of funds 200 Proposed Subdivision Ordinance to review Partitions to make new offices in Police Department discussed Personnel actions to be discussed in Executive session Mr. Jolly's Well Street lights in Loveridge Subdivision Newspaper article re- garding Mr. McClure discussed Possible Industrial revenue bond Approval of the bills Adjournment departmental changes to be made. He further stated that there are two departments that are over -spent as pointed out on the latest printout from the accountant. The Council has to authroize Administrator McClure to transfer monies from one department's account to another so that they will appear with a zero balance. He further stated the Council needed to authorize himself and the accountant to make any other changes. Councilman White made the motion the City Administrator be authorized to transfer the amounts needed to the Courts account and the Police Department and Liquor Enforcement account. Councilman Tomsic seconded, approved unanimously. Administrator McClure pointed out to the Council there is a proposed subdivision ordinance to review. Several changes have been made, one of which stipulates the developer install street lights. Also, a section is included outlining the procedure and requirements for filing a subdivision plat. Administrator McClure presented a request from Chief Stiles for partitions to partition -off offices for the Captain and Detective Sergeant to perform investigations and inter- rogations. Also a security cage or pererate room partition- ing off the files. The labor will be done by the employees; the cost of the materials will be approximately $610.00. The Council felt before any decisions were made, the County Commissioners should be approached, as it is the County's building. Administrator McClure added that he could not guarantee any monies will be available as monies were not budgeted for this project. Chief Stiles commented that it was something very important and should be given careful consideration. Councilman White questioned whether the personnel action forms were going to be discussed and voted on tonight. The Council felt they should be discussed in Executive Session. It was decided the Council will recess into Executive Session for the purpose of reviewing personnel action forms. Councilman Peterson asked the Mayor and Attorney Coffman if they were aware of a problem with a well in Spanish Valley that is owned by Mr. Jolly, who claims electrolysis in his well caused his pump to malfunction. Mayor Jacobs said he was aware of a letter from Mr. Jolly asking the City to reimburse him fro $179.00 for repairs made to his pump. The Mayor said he asked Mr. Al Anderson with the engineering firm, Nielson, Maxwell and Wangsgard, if this could be poss- ible. Mr. Anderson told him definitely not. Councilman Peter- son said he would inform Mr. Jolly the City was not liable. Mayor Jacobs told the Council the City is going to have to pay for $300 for the installation of street lights in the Loveridge Subdivision. Utah Power and Ligh Company will install, at no charge, the cable for the above ground lights, but not the underground, as the cost is considerably more. Mayor Jacobs further stated he has contacted the power comp- any about installing street lights in Cottonwood Subdivision. Mayor Jacobs mentioned to Council a copy of a 1976 newspaper article being circulated regading Administrator McClure's time in office as Chairman of the Board of the Salt Lake County Commissioners. He said it was strictly propaganda and if the Council had any questions regarding this, he would be glad to answer them. Mayor Jacobs told the Council Mr. Prinster was in to see him. He told the Mayor construction was to begin on the City Market store in September. He also asked the Mayor what the Council's reaction would be to an industrial loan. Councilman White made the motion the bills be approved in the amount of $58,345.02. Seconded by Councilman Peterson, approved unanimously. Councilman White made the motion the meeting be adjourned into Executive Session at 11:23 P.M., seconded by Councilman Brewer, approved unanimously. 201 CITY COUNCIL August 4, 1981 A regular meeting of the Moab1City Council was called to order by Mayor Harold Jacobs at 8:00 P.M. in the City Coun- cil Chambers of the Grand County Courthouse on the above date. Present were Councilmen Keith Brewer, Marjorie Tomsic Kitty Kelling, and David White. Councilman Keith Peterson was absent. Also attending were Administrator Ralph McClure, Deputy City Attorney Penny Coffman, Engineer John Keogh, Deputy Recorder Karen Coursey, Police Captain Dan Ison, Dr. Don Hoffman, the media and two citizens. Mayor Jacobs advised the Council that the minutes of the previous meeting (July 21, 1981) were not available for their approval at this time due to Secretary Johnson's vacation and subsequent resignation; however, would be submitted for their approval as soon as they were received and completed. :,'"3 After a brief discussion and there being no contest from citizens, the following Ordinances were approved and adopted V as amended, unanimously by roll -call vote on a motion by al Councilman Brew and second by Councilman White. LIZ ORDINANCE NO. 7-81 BE IT ORDIANED by the City Council of the City of Moab, that the following be and the same is, hereby adopted by the City of Moab: CHAPTER 17 - OFFENSES INVOLVING FIREWORKS ARTICLE II 17-2-1 Legislative Declaration The City Council of the City of Moab finds, determines, and declares that illegal fireworks and other explosives are dangerous to the health, limb and life of persons who use them and others, that the noise of exploding illegal fireworks and other explosives disturbs the tranquility enjoyed by the citizens of the City of Moab, and that there- fore, ilegal fireworks and other explosives are nuisances and should be abated. 17-2-2 Definitions As used in this ordinance, unless the context otherwise requires: A. "Fireworks" means any article, device, or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including, without limitation, the following articles and devices commonly known and used as fireworks: Toy cannons or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, rockets, roman candles, dayglo bombs, and torch- es, or other fireworks of like construction and any fire- works containing any explosive or flammable compound, or any tablets or other device containing any explosive sub- stance. B. "Fireworks" does not include: 1. Toy paper caps which do not contain more than twenty-five hundredths of a grain of explosive compound per cap; Regular meeting and Attendance Approval of the Minutes Public Hearing - New Ordinances Ordinance #7-81 202 2. Sparklers, trick matches, cigarette loads, tric noisemakers, toy smoke devices, and novelty auto alarms; 3. Highway flares, railway fuses, ship distress signals, smoke candles, and other emergency signal devices. C. "Explosives" are articles, devices, or substances which decompose be detonation, including but not limited to acetylides, ammonium nitrates, anhydrous hydrazine, azides, black powder, clasting gelatin, chlorates, cylonite or hexogen (cylotrimethylene trinitramine), dinitrorescor— cinol, dinitrotolene, dinol, dynamite, fireworks, fulminates Greek fire, guanidine nitrate, gun cotton (cellolose nitrate with nitrogen content exceeding 12.2% or pyroxylin), hexa— mine, nitroglycerine, pentaerythritoltetranitrate, perchlor— ates, when mixed with carbonaceous materials, permanganates, peroxides (except hydrogen peroxide in concentrations of 35% or less acqueous solution), petrol picric acid, tetryl (trinitrophenylmethyltramine), trinitrotoluene, commonly known as T.N.T., and molotov cocktails. However, the term "explosives" excludes ammunition for firearms legally pos— sessed, gasoline, kerosene, benzine, and natural gas. D. "Pyrotechnic device" means and includes any fire— works not prohibited by, and any article, device or sub— stance excluded from the definition of fireworks. 17-2-3 Displays — License A. In his discretion, the City Administrator of the City of Moab may issue a license authorizing a respon— sible licensee to conduct a public fireworks display. 1. In issuing such fireworks display license, the City Administrator may be regulation or order impose reasonable regulations, requirements and conditions for the protection of the health, safety and property of the citizens of the City of Moab. 2. He may control the type of fireworks and may limit the quantity of fireworks to be exploded in such display, and he may designate the date, time, and place of such display and may, by order, control any traffic resulting from such display. 3. Any aggrieved person may request the City Council of the City of Moab to review any decision made by the City Administrator in the implementa— tion of this section. 4. Nothing in this ordinance shall be deemed to require, either the City Administrator or the City Council of the City of Moab to grant any license whatever. B. If such license is granted, the licensee shall be required to provide a performance bond in an amount not less than $1,000.00, conditioned on compliance with the provisions of this ordinance, and the regulations of the Secretary of State of the State of Utah. No bond shall be required when such licene is granted to the City. 17-2-4 Unlawful acts A. It shall be unlawful for any person to manufacture sell, keep or store in the City of Moab, any fireworks as defined by this ordinance. E. It shall be unlawful for any person, with intent to manufacture, sell, or distribute fireworks, to keep, store or possess in the City any fireworks prohibited by 243' M 0 :La cza State Law or any explosives as defined by this ordinance. C. Pyrotechnic devices, as defined by this Ordinance, may be used, burned, exploded or detonated: 1. By any person of the age of eighteen (18) years or more, on his own property or on other private property with the permission of the owner; 2. By a person of the age of seventeen (17) years or less, under the direct supervision of a person of the age of eighteen (18) years or more, on the private property on which he resides or on other private property with the permission of the owner. D. It shall be unlawful for any person to use, burn explode or detonate any fireworks or explosives in the City of Moab, except when: 1. Such act is authorized by the licnese provi- ded for in this ordinance. 17-2-5 Violations - penalties Violations of any provisions of this ordinance for which another penalty is not expressly provided shall be punishable by a fine of not more than Two Hundred Ninety- nine Dollars ($299.00) or by imprisonment in the City Jail or County Jail for not more than ninety (90) days, or by both such fine and imprisonment. 17-2-6 Licenses A. It shall be unlawful for any person to engage in the occupation of a retailer selling pryotechnic devices as defined in this ordinance, in the City of Moab, without first obtaining a license from the City Administrator. B. Such license shall be granted only on written application stating the name and address of the applicant, the exact location to be licensed for the sale of pyrotech- nic devices, and such further and additional information as the City Administrator may require for the administration and enforcement of the provisions of this ordinance. C. Such licenses shall be issued only for locatins in commercial, industrial or agricultural zones of the City of Moab. D. Such license sahll authorize the sale at retail of pyrotechnic devices between June 26 and July 5 of the year for which the license is used. It shall be unlawful for any person to sell or give away any pyrotechnic devices in the City of Moab except between June 26 and July 5 of any calendar year. E. Each application for a license shall be accompani- ed by payment of the annual license fee of $10.00 which shall be refunded if the license is not issued. F. No license provided in this section shall be issued for any temporaty building, structure or stand until the applicant produces evidence of the issuance of the building permit reuired by the section regarding buildig permits hereinafter set forth. G. It shall be unlawful for any person, being a licensee of the employee or agent of any licensee, to sell or give any pyrotechnic devices to any person of the age of seventeen (17) years or less. Ordinance #7-81 H. It shall be unlawful for any licensee under the provisions of this section to employ or permit to work in or upon any premise licensed under this section any person under the age of fourteen (14) years. 204 I. It shall be unlawful for any person, being a lic- ensee or the employee or agent of any licensee engaged in the operation of any business activity under such licensee to permit any person of the age of fourteen (14) years or less to loiter or remain within th building, structure, or stand in which such business activity is located. J. The City Administrator shall issue no license to any person or organization which does not exhibit evidence of liability insurance with limits not less than $50,000/ $10,000 for bodily injury and $25,000 for property damage covering liability arising out of the use, display, sale and handling of pyrotechnic devices or fireworks. 17-2-7 Building permit required A. For each temporary building, structure or stand erected for the sale of pyrotechnic devices, the owner or tenant of the property, or the applicant for a license under the provisions above, shall obtain a building permit from the City of Moab. B. Such building permit shall be issued only in con- formance with the provisions of this ordinance and in con- formance with all applicable building codes and regulations of the City of Moab. C. Every such building permit shall require for each 125 square feet of area used for the sale of fireworks a fire extinguisher at least equal to: 1. A two and one-half gallon foam fire extin- guisher; or 2. A ten -pound dry chemical fire extinguisher. D. No building permit shall be issued for any location within three hundred (300) feet of any residence, lumber yard, greenhouse or gasoline service station. E. The area within a radius of one hundred (100) feet of the location for which such building permit is issued shall at all times be kept clear of dry weeds and combustible materials. F. As a condition precedent to the granting of such building permit, the applicant shall deposit with the City of Moab, the sum of Fifty Dollars ($50.00) subject to the following conditions. 1. If the temporary building, structure or stand authorized by the permit shall be removed by the permittee on or before the date of July 24 next following its erection, the deposit shall be refunded; but 2. If such temporary building, structure or stand shall not be removed by the permittee on or before the date of July 24 next following its erection, the deposit shall be retained by the City of Moab, and the City Administrator or his authorized representatives shall enter upon the property and remove such temporary building, struc- ture or stand. 17-2-8 License required for sale of display fireworks A. No person shall sell or offer to sell at retail, any fireworks which are to be used for display purposes within the City until he shall first obtain a license to do so from the Secretary of State and the City of Moab. B. The City license required by this section shall be granted only the City Council, and such license shall not be issued unless and until the license required is issued by the Secretary of State. 2Q5 M O 1.0 az cla C. Such license shall be valid for a period of twelve. (12) months from the date of issuance, and shall be subject to cancellation, suspenstion and revocation in the manner and for the reasons set forth in Article I of this chapter of the Municipal Code. D. The fee for any license to sell display fireworks at retail or for any renewal thereof, shall be Fifty Dollars ($50.00). 17-2-9 Toy propellant devices Nothing in the manufacture, rockets and toy such rockets when tion and utilize containing less engine or model electrical means. this article shall prevent or regulate sale, use or possession of educational propellant device type engines used in such rockets are of nonmetallic construc- replaceable engines or model cartridges than two ounces of propellant when such cartridge is designed to be ignited by 17-2-10 Revocation and suspension of licenses and permits A. In addition to and notwithstanding all other conseequences provided for violations of the provisions of this ordinance, the City Administrator shall have the power and authority to suspend or revoke any license or building permit issued under the provisions of this ordin- ance whenever it shall appear. 1. That any activity conducted under such license or permit is in violation of the provision of this ordinance or in violation of the laws of this State; or 2. That any activity conducted under such license or permit poses an immediate threat to public safety; or 3. That any such license or permit was obtained by fraud or misrepresentation. B. The City Administrator may delegate the authority provided by this section to any police officer, code enforc- ment officer or other officer of the City of Moab. ADOPTED BY THE CITY COUNCIL OF THE CITY OF MOAB THIS 4th day of August, 1981. ORDINANCE NO. 8-81 BE IT ORDIANED by the City Council of the City of Moab, that the following be and the same is, hereby adopted by the City of Moab. CHAPTER 20 - POLICE OFFICER, FIREMAN AND GOVERNMENTAL OPERATION 20-1-7 Failure to assist police officer It shall be unlawful for any citizen over the age of eighteen (18) years willfully to decline to assist any Ordinance #7-81 Continued Ordinance #8-81 206‘ Ordinance #8-81 Continued police officer in the City of Moab when requested by such police officer in the suppression of an unlawful assembly or in the arrest of any person whom the police officer is lawfully empowered to arrest. 20-1-8 Resisting arrest A. It shall be unlawful for any person to resist arrest as defined and provided by this section. B. A person commits resistinng arrest if he intention- ally prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by 1. Using a threatening to use physical force violence against the peace officer of another; or 2. Using any other means which creates a sub- stantial risk of causing physical injury to the peace officer of another. C. It is no defense to a prosecution under this sec- tion that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under the color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of his authority" when, in the regular course of assigned duties, he is called upon to make, and does make, a judgement in good faith based upon surrounding facts and circumstances that an arrest should be made by him. D. The term "peace officer" as used in this section means a police officer in uniform, or if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempt- ed. 20-1-9 Harrassment of police officer It shall be unlawful for any person, with intent to harass, annoy or alarm a police officer, known to him to be a police officer, to: A. Strike, shove, kick, or otherwise touch such police officer or subject him to physical contact; or B. In a public place, direct obscene language or make an obscene gesture to or at a police officer, or C. Repeatedly insult, taunt or challenge a police officer in a manner intended to provoke a violent or dis- orderly response. 20-1-10 Disobedience of lawful order of police officer or firearm It shall be unlawful for any person to disobey a reason- able request or order to move issued by a person he knows to be a police officer or fireman, either for the prupose of preventing obstruction of a highway or passageway, or maintaining public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. 20-1-11 Obstructing police officer A. It shall be unlawful for any person to obstruct a police officer as defined and provided by this section. B. A person commits the offense of obstructing a police officer when, by using or threatening to use violence, force or physical interference, or obstacle, he intentionally 207 obstructs, impairs, or hinders the enforcement of the penal laws of the State of Utah, or the ordinances of the City of Moab, or the preservation of the peace, by a police officer acting under color of this official authority. C. It is no defense to a prosecution under this section that the police officer was acting in an illegal manner if he was acting under the color of his official authority as defined herein. D. This section does not apply to obstruction,impair- ment or hindrance of the making of an arrest. 20-2-1 Obstructing fireman A. It shall be unlawful for any person of obstruct a fireman as defined and provided by this section. D. A person commits the offense of obstructing a fireman when, by using or threatening to use violence, force or physical interference, or obstacle, he intention- ally obstructs, impairs, or hinders the prevention, control in or abatement of fire or the performance of an official v„=1 duty by a fireman acting under color of this official auth- V ority. ita 20-3-2 Obstructing municipal operations A. It shall be unlawful for any person intentionally to obstruct, impair or hinder the performance of a municipal function by an officer or employee of the City of Moab by using or threatening to use violence, force or physical interference or obstacle. 1. The obstruction, impairment or hindrance of lawful action by an officer or employee of the City of Moab; or 2. The obstruction, impairment, or hindrance of the making of an arrest; or 3. The obstruction, impairment or hindrance of a municipal function by lawful activities in connection with a labor dispute. 20-3-2 Violations - penalty Violations of the provisions of the foregoing section of this Ordinance shall be punishable by a fine of not more than Two Hundred Ninety -Nine Dollars ($299.00), or by imprisonment in the City Jail or County Jail for not more than ninety (90) days, or by both such fine and impris- onment. 20-4-1 Failure to appear in court A. It shall be unlawful for any person willfully to fail to appear in the Municipal Court of the City of Moab on the date when and at the time and place where sum- moned to appear by any police officer or other officer of the City of Moab in writing. B. It shall be unlawful for any person willfully to fail to appear in the Municipal Court of the City of Moab on the date when and at the time and place where re- quired by any lawful process duly served. C. It shall be unlawful for any person willfully to fail to apear in the Municipal Court of the City of Moab on the date when and at the time and place where re- quired by an order of the Municipal Court which has been: 1. Made by the Court in the presence of such person; or Ordinance # 8-81 208 Ordinance #8-81 continued Ordinance No. 10-81 2. Reduced to writing and served upon such person by personal service. D. The provisions of this section shall not be deemed or construed to prevent or preclude an appearance by counsel when such appearance is allowed by the Utah Rules of Municip- al Court Procedure. ORDINANCE NO. 10-81 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, that the following be, and the same is, hereby adopted by the City of Moab: CHAPTER 29 - OFFENSES RELATED TO PARKS AND RECREATIONAL AREAS 29-1-1 Park Closing Hours A, Public parks in the City of Moab, except as other- wise provided, shall be closed at eleven o'clock P.M. daily, and shall remain closed until five o'clock A.M. the next day. B. Appropriate signs shall be erected, giving notice of the closing hours established above in each public park. C. When the aforesaid signs have been erected, it shall be unlawful for any person, except a person excepted from the operation of this ordinance to enter or remain in or upon the premises of any park during the hours of closing established hereinabove. 29-1-2 Permits - persons excepted A. The City Council hereby finds that justification for exceptions to park closing hours may exist in the case of activities or groups of citizens when valid reasons are established for the extension of such closing hours and responsibility for removal of litter, trash, and debris and the performance of conditions can be established. The City Parks Department is directed to establish rules and procedures for the issuance of permits consistent with the guidelines of this ordinance. B. Permits may be issued for the use of any part or all of the park, after the specified closing time and util a time specified in such permit. When any such permit has been issued, the closing time of the park specified in the permit shall be extended to the time specified. Such permit may require performance of conditions including remov- al of litter, trash, and debris, and in such case shall entitle the applicant to be or remain in such park after the extending closing time and until such conditions are performed. C. The provisions of this ordinance shall not apply to employees of the Department, police officers, ambulance personnel, firemen, or any city, state or county officers engaged in the performance of their duties. `v� 29-1-3 Violations of park closing hours- penalty Violations of this ordinance shall be punishable by a fine of not more than Two Hundred Ninety -Nine Dollars ($299.00). APPROVED: ATTEST: 2G Ralp M ' ure, Recorder ORDINANCE NO. 9-81 OrD BE IT ORDAINED BY THE City Council of the City of Moab, that the follwing be, and the same is, hereby adopted by the City of Moab. CHAPTER 29 - AMUSEMENTS 28-1-1 License Required It shall be unlawful to conduct or operate any amuse- ment hall or game room which is open to the public, without having first acquired a license therefore. 28-1-2 Definition An amusement hall is defined as an arcade, building or game room wherein automatic amusement devices and games are available to the public for a fee. 28-1-3 Liquor, Beer and Tobacco There shall be no liquor, beer or tobacco sold, used or allowed to be consumed on the premises or the parking lot of any amusement hall catering to minors. 28-1-4 Hours of Operation No amusement hall catering to minors shall be operated in a manner contrary to the curfew provisions of the Revised Ordinances of Moab City, 1980, as amedned. 28-1-5 Fees The license fee for operating an amusement hall shall be a flat fee of $100.00; said fee to be in addition to the general license fee. 28-2-1 Definitions A. Mechanical Amusement Device is hereby defined to be each machine which, upon the insertion of a coin, trade token, slug or similar object, operated, or may be operated, as game or contest of skill or amusement of any kind or description which makes no automatic payoff for the return of money to the player. A mechanical amusement device is hereby further defined as any machine apparatus or contirvance which is used, or which may be used, as a game of skill and amusement wherein, or whereby, the play intiates, employs or directs any force generated by the machine, but specifically excludes a musical mechanical device as herein defined. B. Musical Mechanical Amusement is hereby defined to be and shall include each machine vending recorded music, Ordinance #10-81 Ordinance #91-81 210 radio or television entertainment in return for the inser- tion or deposit therein of a coin, trade token, slug, or similar object; provided, however, that this does not in- clude coin operated radios or television sets in private quarters or motel rooms. 28-2-2 License - fees It shall be unlawful for any person, firm or corpora- tion to install, operate or maintain any such mechanical amusement device or any such musical mechanical amusement device without having first obtained a license therefore., Applications shall be made to the City Administrator. The fee listed below shall not apply to amusement halls. The fee for such license shall be: A. Twenty dollars ($20.00) per year for each mechan- ical amusement device not to exceed a maximum of $100.00. B. Ten dollars ($10.00) per year for each musical mechanical amusement device not to exceed a maximum of $100.00. 28-2-3 Issuance No license shall be issued except to a person of good character, approved by the City Council. Upon approval of the applicant and the payment of the license fee, the license director shall issue a stamp bearing a notation, "City of Moab license for the calendar year of 19 ". One license shall be issued for each device licensed and it shall be placed in a conspicuous place and so affixed that it cannot be transferred from one machine to another. 28-2-4 To be referred to Chief of Police The application for such license together with such information and certificates as is required by the City Council to be attached thereto shall be referred to the City Chief of Police for inspection and report. The Chief of Police shall within twenty days after receiving such application, make a report to the City Council relative to the granting or denying of such application. Upon receipt of the report, the City Council shall act upon the applica- tion as it shall deem fair, just and proper in regard to granting or denying the same. 28-2-6 Devices to be kept in plain view - Gambling De- vices prohibited A11 such devices shall at all times be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such devices are kept or used. Nothing in this Article shall be construed to authorize permit or license any gambling device of any nature whatso- ever. 28-2-6 Inspection The City Police shall inspect or cause the inspection of any place or building in which such device or devices are operated or set up for operation and shall, further, inspect, investigate, and test such devices, at least once a month. ARTICLE III. BILLIARD, POOL AND BAGATELLE HALLS 28-3-1 License required No person, firm, or corporation shall operate, maintain or conduct a billiard, pool or bagatelle (game similar to pool) hall open to the public without first having 211 obtained a license therefore as is herein required. A11 applications for such licenses shall state thereon the intended location of the place of business and the number of tables to be used therein. 28-3-2 Fees The annual license fee shall be fifteen dollars ($15) per table; provided that no more than one hundred dollars ($100) shall be charged for any one license. , 28-3-3 Minors In billiard, pool and bagatelle halls serving minors, no alcoholic beverages or cigarettes shall be sold, dispens- ed or consumed on or about the premises which includes the parking lot. Further, it shall be unlawful for licensees or billiard, pool or bagatelle halls to operate the same in contravention of the curfew provisions outlined in Sec- tion 17-1-6 of the Revise6 Code of Moab City. :7 28-34 Hours Notwithstanding the provisions of Section 28-3-3 above, no billiard, pool or bagatelle hall shall operate between the hours of 2:00 A.M. and 6:00 A.M. However, if alcoholic beverages are sold, the hours of operation shall be limited to the times specified in the Revised Codes of Moab City. 28-3-5 Interior Visibility A clear, unobstructed view from the entrance of the entire interior of the billiard, pool or bagatelle hall, excluding the restroom, shall be maintained by the licensee at alltimes. Nor shall the licensee erect or maintain any closed boths, blinds or stalls within the interior of the licensed premises. ARTICLE IV. BOWLING ALLEYS 28-4-1 License Required No person, firm or corporation shall operate or main- tain a bowling alley open to the public without having first secured a license therefore, as herein required. Applications for such licenses shall be made to the City Administrator and shall be in writing and state thereon the inteded location of the place of business and the number of alleys to be used. 28-4-2 Fee The annual fee for such license shall be twenty-five dollars ($25.00) per land per year, provided that the maxi- mum fee for any one bowling alley shall not exceed one hundred fifty dollars ($150.00) per year. 28-4-3 Cocktail Lounges It shall be unlawful to carry any mixer, set-up, alco- holic beverage or beer from any cocktail lounge operated in coordination with a bowling alley into the area where bowling is taking place. The above mentioned beverages shall be strictly confined to the lounge area. ATTEST: Ralph ecorder APP OVED: bs, .ayor Ordinance #9-81 212 Animal Control Ordinance Adopted Grand County Fair Sewer Line in Palisades Subdivision needs revamping Drafting Course Authorized for Inspection Clerk Purchase of Tractor and Sicke Bar approved Pumps and Motors for Disposal Plant Approved Voting Districts 1 and 2 consolidated Legal Holidays Subdivision Ordinance Newly discovered City Property Dr. Donald F. Hoffman, Veterinarian, advised the Council he was very pleased with the amended copy of the proposed Animal Control Ordinance he had received from Attorney Coff- man's office. Councilman Kelling made the motion the Animal Control Ordinance (#4-81) be adopted, seconded by Councilman Tomsic, passed unanimously by roll -call vote. Also, at the request of Dr. Hoffman, Mayor Jacobs officially appointed Dr. Hoffman as City Poundkeeper. (Reference Ordinance No. 4-81 in 1981 Ordinance Book) A written request was presented to council by Home Extension Agent Coleen Patrick, seeking permission to allow horses and dogs on the ball park during the Grand County Fair. There was no action taken on this request. City Engineer Keogh advised, because of expansion and the considerable drop in the water table the last two years, the sewer line in palisades Subdivision would eventually have to be revamped. There was no Council action taken at this time. Administrator McClure advised the Council that the total cost of a drafting course thrugh SUCCE for Building Inspec- tion Clerk, Sandi Stroud, is $32.50. Councilman Tomsic made the motion that the tuition and fees be paid by the City, seconded by Councilman Kelling, and passed unanimously. Bids for a tractor and sickle bar for cutting weeds were received as follows: Western Implement Co., Inc. in the amount of $11,150.00 and the second bid from Peterson Tractor and Implement, Inc_ in the amount of $11,298.00. Councilman Tomsic made the motion the bid submitted by Western Implement Co., Inc. in the amount of $11,150.00 be accepted, seconded by Councilman Brewer. This revenue sharing expenditure was approved unanimously. The purchase of two Johnson pumps and motors for the disposal plant with revenue sharing monies was approved unanimously on a motion by Councilman Tomsic, and second by Councilman White. Administrator McClure was informed by County Clerk Bobbie Domenick that the City has always consolidated voting dis- tricts 1 and 2 for the particular type up -coming election. If this was to be council's pleasure, Carr Printing Company should be advised immediately so ballots can be printed. Councilman Brewer made the motion that Voting Districts 1 and 2 be consolidated for this 1981 election only. Council- man Kelling seconded the motion which passed unanimously. Administrator McClure brought to Council's attention Govenor Matheson's declaration setting aside twelve legal holidays passed by the State Legislature. In addition to the nine holidays the City now observes, Lincoln's Birthday (February 12), Columbus Day (the second Monday in October), and a Personal Preference Day have been declared legal holidays. Administrator McClure is not sure if it is mandatory that the City observe the additional three holidays and Council action was tabled until he checks with the State. Any further action on amending, approving and adopting the subdivision ordinance was tabled until Council's next meeting on- August l8th. Administrator McClure advised the Council that revision of the City Ordinances would be a continuing project since so many of the ordinances are in need of update and agreed with Councilman Brewer that explanations of necessary changes should be given as they arise. Administrator McClure told the Council that the Arroya Road Project required a search of county records and in doing so, discovered that the section of land between Fifth West and Walnut Lane Trailer Park is City property, rather than County property and has been since 1956. To be positive, Administrator McClure was assisted in the search by Betty Bowen of Southeastern Utah Title Company and Grand County officials Bobbie Domenick-Clerk, Norma Stocks -Assessor and Lily Mae Noorlander-Recorder; they could find nothing to alter this discovery. Councilman White made the motion Mayor 213 Jacobs write a letter to the Grand County Assessor request- ing that the tax records be corrected and that the County not be liable for any back taxes. Councilman Kelling se- conded the motion, and the motion passed unanimously. United Cable TV of Moab anticipates restructuring their monthly service rates which, without Council approval is in violation of their franchise with the City of Moab. Council should receive an official notice from the TV comp- any of any rate adjustments ninety days prior to anticpated effective date and they are required to hold a public hear- ing. Council instructed Administrator McClure to contact the cable company and request an official notice of their intentions. Councilman Kelling marvelled at the community involvement during the recent Doxol fire and requested that a dispay ad be published thanking the deserving. Councilman Kelling made a motion that a particular thank you be sent to the three police officer's wives who put lunches together for the fire fighters and law enforcement officers, and to Mr. and Mrs. Jerry Vancil, owners of JD's Foodtown for the use of their facility to pack the lunches. Councilman Tomsic seconded the motion and it passed unanimously. Mayor Jacobs said he would send letters to these individuals. Councilman Kelling also advised the Council that Vanita Hunt of Continental Telephone Co. had informed her that their original bid would probably be reduced by $2,000.00 for the installation of a combination telephone system. for the Police Department and Grand County Sheriff's Office. It was her impressio that Continental Telephone Company is doing everything possible to meet the telephone system requirements, and to submit a competitive bid. Councilman Kelling said the Police Department should have a petty cash fund for unexpected expenses. Councilman Tomsic so moved to establish a petty cash fund for the Police Department in the amount of $100.00, Councilman Kelling seconded the motion and it passed unanimously. Councilman White had no business, however, he took this opportunity to praise our Police Department for their pro- ficiency in dealing with the problems created by the Doxol fire. He voiced his astonishment, praised the department's organization, and the cooperation between agencies and the townspeople. Councilman White said he is very proud to be a resident of Moab. Mayor Jacobs informed the Council he was going to ask the Spanish Valley WaterSewer District to make other arrange- ments for manpower; that the City has enough work to keep the utilities crew busy; that Spanish Valley work orders delay City manintenance. Furthermore, Spanish Valley Water/ Sewer District is receiving bids for their own computer, they have not lived up to some of the previous agreements, and there never was a written service agreement incurred. Councilman Tomsic apologized for a mistake when salary increases were approved by Council. She said Karen Coursey should have been raised from a 13-2 to a 13-3 giving her a $51.00 a month merit increase, rather than a 14-1 which only gave her a $28.00 per month increase. Councilman Tomsic so moved that this be corrected, Councilman Kelling seconded the motion, and it passed unanimously. The bills in the amount of $35,180.16 were approved unani- mously for payment as submitted on a motion by Councilman White, and second by Councilman Tomsic. The meeting adjourned at 9:40 P.M .y unanimous consent. ARREST: Newly Discovered City Property Calbe Rate Restructure Community Involvement during Doxol Fire Combination Telephone System for Police Department Police :apartment Petty Cash fund established Compliments to the Police Department SVWS Distract to make other arrangements for manpower Deputy Recorder Courseys Salary and grade adjusted Bills approved Adjournment 214 Regular meeting and attendance Approval of the minutes of 7/21/81 Approval of the Minutes of 8/4/81 Citizens question police procedure Palisades Subdivision to require a lift station for sewer Arroya Road to be classified as a Collector road CITY COUNCIL August 18, 1981 A regular meeting of the Moab City Council was called to order by Mayor Harold Jacobs at 8:01 P.M. in the City Council Chambers of the Grand County Courthouse on the above date. Present were Councilmen Brewer, Kelling, Tomsic, and White. Councilman Peterson was absent. Also attending were Adminr istrator McClure, City Attorney A. J. Coffman, Engineer John Keogh, Deputy Recorder Coursey, Police Chief Stiles, Police Captain Ison, the media and 40+ citizens. Approval of the minutes of the regular Council meeting of July 21, 1981 was tabled until next Council meeting as the Councilmen had just received the rough draft this date and requested time to read and review them. With respect to the minutes of August 4,1981, regular Council meeting, the following corrections were requested: Councilman Tomsic asked that the word "unanimously" in the third para- graph be spelled correctly and that the first paragraph on the third page be corrected to read "....the tax records be corrected and that the County (not City) not be liable for any back taxes." Councilman Kelling requested that, in the first paragraph, Councilman Tomsic be referred to as Marjorie not Marge, and on the third page, paragraph four, the spelling of Mrs. Hunt's name be correctly spelled, Vanita. With these corrections, the minutes of August 4, 1981, Council Meeting were approved on a motion by Councilman Tomsic and a second by Councilman Kelling, and p?ssed unani- mously. Jerry Stocks and numerous citizens were present to voice their contnention regarding police department policies and procedures, especially referring to the arrest procedures. Mr. Stocks read a prepared statement to the Council request- ing an impartial review board be formed to hear and act upon public complaints and, in support of their protest, a petition with 194 signatures was submitted to Council by citizens representative, Dan Miller. Mayor Jacobs re- quested that Mr. Stocks meet with Chief Stiles in an effort to satisfy the complaints. At the suggestion of Councilman Brewer, Administrator McClure was instructed to arrange a workshop one evening next week to review police procedures with Chief Stiles and an invitation was extended to the media and a representative for the concerned citizens. Engineer Keogh advised the Council that additional work in Palisades Subdivision is going to require a lift station for sewer. Mr. Pete Byrd, developer of the subdivision, wnats assurance from the City that there will be no unforseen problems before he proceeds with the lift station. Mr. Byrd was previously advised through a letter from Moab City and written at the request of Farm Home that upon completion of the lift station Moab City would own, operate and maintain the system. Mr. Keogh wanted to be sure Mr. Byrd's impression was correct in that the City would also be responsible for the power bill. Mayor Jacobs confirmed that the operating costs would be the City's obligation but, further stated that he wanted engineering consultants, Nielson, Maxwell and Wangsgard to review the plants for their recommendations. Upon Mr. Keogh's inquiry, he was advised that Arroya Road would be classified as a collector road. The City has set aside monies for this road project, and with additional available Class "C" funds, should have fifty to sixty thou- sand dollars, however, will still not be enough to meet City street standards. The objective at this point is to get the road open and accessibile. Councilman Tomsic wanted to know how much of the road would be oiled and Engineer Keogh advised her if the road is considered a secondary road there will be a total right-of-way of seventy feet and, back -of -curb would be fifty feet. Curb and gutter will most likely be required, at, the expense of the property owners, as the area, develops. In the meantime, the "pioneer road" will probably be oiled and graveled a width of 24 feet. 215 Engineer Keogh said the City had anticipated installing a storm drain for the Huntridge Plaza on Kane Creek Boule- vard at the westerly end of the development, across some private property and into Pack Creek. However, since Mayor Jacobs and Engineer Keogh investigated the situation, they are now contemplating the developer be required to finance their portion of this project, and likewise, each future developer. The cost will be determined per lineal feet and funds will be placed in escrow, thereby making storm drainage possible for the entire area. As instructed by Council, Attorney Coffman prepared and presented to the Mayor for his signature, an ordinance vacating the Orchard Heights Subdivision since the land was never developed and improvements were required by Sept- ember 1, 1963. Administrator McClure presented to the Council a copy of a proposed amendment to Moab City's zoning ordinances for their review and recommendations. The amendment would bring the City more in line with Federal guidelines in allowing manufactured homes, i.e. mobile homes, in all areas where conventional housing is permitted and prevent the City from possible discrimination suits. A public hear- ing will be held September 15,1981, during the regular City Council meeting for the purpose of adopting the amended ordinance. Mr. McClure also asked the Council to review the proposed amended subdivision ordinance and offer their recommendations in preparation of adoption at the same public hearing. Administrator McClure further outlined his anticipated revisions of the entire City ordinance manual stating that a large portion of the ordinances are outdated. Council passed unanimously Councilman White's motion and Councilman Tomsic's second approving the purchase of an asphalt cutter on a bid submitted by General Equipment Co., Owatonna, Minnesota, in the amount of $925.00. Administrator Kelley advised the Council that building Inspector Frank Kelley's six month probation had expired and questioned the Council's pleasure regarding a merit increase, raising him from a $1,574.00 per month (20-2) to $1,629.00 per month (20-3). The Council was in total agreement that Mr._ Kelley was doing a very good job, that he was appreciated by the City, as well as the public, but there was some reservations about granting a merit increase since he was employed at a higher wage that was intended, and higher than the wages received by prior build- ing inspectors. Councilman Brewer's motion to approve the step increase for Mr. Kelley died for a lack of a second and Councilman White moved to table the matter for two weeks, Councilman Kelling seconded, and the motion carried three to one, Councilman Tomsic being opposed. Councilman Tomsic felt personnel matters should be heard in Executive Session. A request for travel expenses by the Police Department for Chief Stiles and Captain Ison to attend the Utah League of Cities and Towns Chiefs of Police Convention passed two to one on a motion by Councilman Tomsic and a second by Councilman Brewer. Councilman White was opposed, and Councilman Kelling abstained from voting as she did not approve of the Chief and Captain being out of town at the same time. Chief Stiles had submitted a requisition to Administration requesting the City approve and pay membership dues for twelve police officers to the Utah Police Officers Associa- tion. Council denied payment for the entire department, however, approved unanimously the payment of membership dues for Chief Stiles and Captain Ison on a motion by Coun- cilman Brewer and a second by Councilman Tomsic. Councilman Kelling read to the Council the letter she had received from Vanita Hunt of Continental Telephone Company advising of their firm bid of $16,865.00 for the new law Storm Drain on Kane Creek Boulevard Ordinance Vacating Orchard Heights Subdivision Amendment to Zoning Ordinance Purchase of asphalt cutter approved Merit increase for BI/ZA Kelley discussed Travel for Police Department approved Membership dues to Utah Police Officers Associaition discussed Firm bid from telephone co. for Police department 216 Twitchell Insurance claim satisfied Letter from Warren Domenick Williams house Legal holidays Virginian Apts. complaints regarding drainage and private property violators Bills approved Adjournment Workshop Session regarding Police Procedures enforcement telephone system. Specifications had been submit— ted to Rand Taylor and Commissioner Larry Jacobs for their recommendations. To date, they were awaiting Commissioner Jacobs response. Councilman Kelling wanted Council to be aware that the City insurance carrier, Farmers Insurance Group, had, thus far, paid two insurance claims, one being Thora Twitchell's claim for injuries suffered from a fall in a City water meter manhole. Councilman Kelling requested that the minutes reflect that she had delivered to each member a letter from Warren Domen— ick. Councilman Tomsic asked if the house on the old Williams property had been removed yet. Mayor Jacobs advised her that removal is progressing and also, that the shrubs would be moved to the City Park. Councilman White inquired as to what Administrator McClure had learned from the State Officials regarding legal holidays and was informed that Administrator McClure had been unsuc— cessful in contacting anyone as of yet. Upon Mayor Jacobs receipt of complaints from the manager of the Virginian Apartments and Motel, he requested the Council investigate the dead—end street behind the apartments and submit a recommendation to the long—time drainage problem as well as the problem of private property violat,rs. Councilman Tomsic requested that the bill to Ed's Plumbing in the amount of $42.93 be eliminated, the rest of the bills were approved for payment in the amount of $32,148.09 on a motion by Councilman White, a second by Councilman Kelling and passed unanimously. Councilman White moved for adjournment at 10:35 P.M., Council man Kelling seconded, and the motion passed unanimously. ATTEST: / /� % A - _ ,i Y. cC ure, Recorder CITY COUNCIL August 25, 1981 A workshop session of the Moab City Council to review Police Department policies and procedures was held on the above date in the conference room of the Moab City Hall. Mayor Jacobs called the meeting to order at 7:35 P.M. Present were Councilmen Kelling, White, Brewer, Tomsic and Peterson, Administrator McClure, Chief Stiles, Attorney Coffman, Secre— tary Rees, the Media and nine citizens. No written manual Chief Stiles explained that there was no written manual on Police Policies on procedures and only one page in the City Code regarding police. He is in the process of writing a manual of policies and procedures for the Police Department. The manual is about one third completed, including introduction, code 217 of ethics and complaint procedures. The Chief expects to be completed with the project in about three or four months. Councilman Brewer stated that he might want to investigate a review board but felt the Council, not a review board, should review the Procedure Manual on Code of Ethics first. Concerning the accusation of excessive force being used in arrests, Chief Stiles stated that it was department policy to use the minimum amount of force in making arrests and cited the levels of force appropriate to various sit- uations. He also stated that he knows of no incidents of excessive force being used. Councilman Kelling asked if the Chief had reviewed the list she had previously given him of charges of excessive force being used in making minor arrests. Chief Stiles responded he had pulled the files in question but had not reviewed them with the arrest- ing officer. He further stated that he would complete his investigation within two weeks and notify the concerned of his findings. Chief Stiles was asked by Msyor Jacobs to give his version of the Hill incident. Chief Stiles recited the incident 00 to the Council, stating it was standard procedure to call 0 for back-up and treat the arrest as a felony arrest when the subject runs. Councilman White asked if the Chief though DO there was any over -reaction by the officers in their arrest W of Hill. The Chief stated he did not, because the officers have to assume Hill had reason for running. Chief Stiles then showed a police training film on felony arrest procedures. After the film, there was some discussion about the possibility of children becoming fearful of the police. The Chief stated his officers had spent over 2^0 hours in the schools since the first of the year and intend- ed to do so again this year. Concern was expressed by some citizens regarding the avail- abiolity of the Chief. The Chief stated he would be avail- able by appointment. Councilman Tomsic requested the Chief ask his officers to conduct themselves in a courteous manner while performing their duties. Councilman Tomsic moved the meeting be adjourned at 10:30 P.M. ATTE T Harold ATTEST: Ralph . lure, Recorder CITY COUNCIL September 1, 1981 Mayor A regular meeting of the Moab City Council was called to order by Mayor Harold Jacobs at 8:05 P.M. in the Council Chambers of the Grand County Courthouse on the above date. Present were Councilman Brewer, Kelling, Tomsic, White and Peterson. Also attending were Mayor Jacobs, Attorney Coffman, Administrator McClure, Engineer Keogh, Secretary Rees, the media and nine citizens. Councilman Kelling made several corrections to the minutes of July 21, 1981. One the first page, first paragraph, Marge Tomsic should be changed to read "Marjorie". Chief defends accusations of excessive force in arrests Chiefs version of Hill incident Police training film shown Availability of Chief Adjournment Regular meeting and attendance 218 Approval of the MinuteAlso, on page three, Mrs. Twitchell was leaving her daughters house instead of a friends. First paragraph, page three, scuba is misspelled. On page four, corrections were made to several typographical errors including the spelling of waive, least, from and council. Councilman Tomsic made the motion the minutes be approved as corrected, Councilman Brewer seconded, approved unanimously. July 21, 1981 August 18, 1981 Minutes August 25, 1981 Minutes Chief Stiles to giv report on Police complaints in Executive Session water from SVWC District to be turned into City's system soon Remodeling of Police Department Legal Holidays wit' not apply to City Civil Aeronautics Hearing Tomorrow Travel Council request permission to install ten flagpoles McKays request to park vehicles adjacent to Visitor's Center Councilman Tomsic made two corrections to the minutes of August 18, 1981. On the second page, second paragraph, a period should be added after "street standards" and the words "the only" deleted to begin a new sentence with "The objective...". On the last page, third paragraph, the first sentence should be changed to read "Councilman Tomsic asked if the house on' the old Williams property had been removed." Councilman Tomsic moved the minutes of August 18, 1981 be approved as corrected, Councilman Kelling seconded, passed unanimously. Councilman Brewer made one correction to the minutes of August 25, 1981. One the first page, second paragraph, the last sentence should be changed to read "In speaking with the Chief, Councilman Brewer stated he might want to investigate establishing a review board but felt that the Council, not a review board, should review the new Procedure Manual on Code of Ethics and Complaints first." Councilman Tomsic made one correction to a typing error on page two. Councilman White made one spelling correction. Councilman White moved the Council accept the minutes of August 25, 1981 as ammended, Councilman Brewer seconded, passed unani- mously. Administrator McClure advised the Council that Chief Stiles had completed his investigation of the complainst against the Police Department and was ready to give his report. However, some of the cases are still active and involve juvenilles. Councilman White suggested the Council go into Executive Session after the regular meeting to hear Chief Stiles report. Councilman Brewer asked when the City would be receiving water from the Spanish Valley Water Conservancy District. Mayor Jacobs commented that we have not received any water from the District at this time, however, the system is comp- pleted now and as soon as the City completes their inspection water will be turned into our system. Councilman Kelling inquired if Administrator McClure had checked with the County regarding the remodeling of the Police Department offices. Administrator McClure replied that a meeting was set for Tuesday, September 8, 1981 and added that Councilman Tomsic will be in attendance. Administrator McClure advised the Council he had contacted the State Personnel Department regarding the three additional holidays. The Attorney General has ruled this will apply to State only and it is left up to the discretion of local governments whether they observe the additional holidays. Councilman Peterson reminded the council of the meeting tomorrow morning (9-2-81) at 9:00 A.M. with the Civil Aeron- nautics Board to determine Moab's potential eligibility to subsidize commuter air service into Moab. He urged any member of Council with strong opinions to attend. Mayor Jacobs advised the Council that the Travel Council has asked for permission to install ten flag poles at ten foot intervals along the sidewalk on the north side of the building. Councilman Brewer made the motion the Travel Coun- cil be authorized to install the poles. Councilman Kelling seconded, passed unanimously. Mayor Jacobs expressed concern about David McKay's request to use the property south of the Visitor's Center as a park- ing lot for boats and other vehicles. As the propertyis in a residential zone, the Council felt it could not be allowed as the principal use would be parking. 219 After some discussion and explanation, Councilman White moved the bills be paid as presented with the addition of a bill in the amount of $200.00 from Attorney Harry Snow, in the amount of $100,557.76. Councilman Brewer seconded, passed unanimously. The meeting adjourned into Executive Session at 10:27 P.M. Council came out of Executive Session at 12:15 P.M. and adjourned. AP ATTEST: Ralph YcClure, Recorder IED d J CITY COUNCIL September 8, 1981 6- Mayor A workshop session of the Moab City Council to review the proposed Subdivision and Mobile Home ordinances was held on the above date in the Council Chambers of the Grand County Courthouse. Present were Councilmen Brewer, Kelling, Tomsic, and White. Councilman Peterson was absent. Also attending were Mayor Jacobs, Administrator McClure, Attorney Coffman, Inspector Kelley, Secretary Rees, Edward L. Short, the Media and one citizen. Mayor Jacobs called the meeting to order at 7:40 P.M. Administrator McClure gave a brief explanation of the proposed ordinance and discussed the changes indicated. Edward L. Short, Chief Specialist in the Department of Business Regulations, Mobile Home and Recreational Vehicle Division, commended the City for the progressive way of determining resolutions to a problem that has confronted the housing industry for many years. He stated the City should be noted as being one of the first cities in the State to take an agressive approach to where mobile homes may be placed other than in mobile home parks. He commented that the proposed ordinance is good as it is not too rest— rictive but specifies certain conditions to be met. Mr. Short commented that the City is losing revenue as a result of the ordinance restricting mobile homes to mobile home parks. On individual lots mobile homes can be considered real propety and taxed as real property. Councilman Tomsic requested that a stipulation of filing an affidavit of affixture be included in the proposed ordinance as a condition to allowing mobile homes on pri— vate lots. Councilman Kelling mentioned that a double wide mobile home with tires, wheels and axel removed is insurable as a house. Administrator McClure explained the changes and additions to the proposed ordinance. He also stated he planned to prepare an addendum to the subdivision ordinance pertaining specifically, to mobile home subdivisions. Mayor Jacobs stated he would like a provision put in the ordinance that the developer be responsible for the pro— perty until all lots are sold. Approval of the bills Adjournement Council recessed to Executive session Workshop Session and attendance Mobile Home Ordinance Mr. Shorts Comments Affidavit of affixture requested Subdivision Ordinance Provision requested by Mayor regarding weeds, etc. A public hearing on the the proposed ordinances was set for Tuesday, October 20, 1981. The meeting was adjourned at 10:04 by unanimous consent. Public hearing set Adjournment 220 CITY COUNCIL Regular meeting and attendance Approval of the minutes of 9/1/81 Keith Burnett, of SEUAOG briefing on proposed nuclear center Mayor requests report on procedure for returning Johnson road Beer license for Lea Ellis - Hitch-N-Post Travel expenses for Police Department approved Police Department alteration to building approved by Commissioners Request for Bond for Cottonwood Subdivision to be released Bids on 1981 Ford Courier pickups for Street Department SEPTEMBER 15, 1981 A regular meeting of the Moab City Council was called to order by Mayor Jacobs at 8:08 P.M. in the Council Chambers of the Grand County Courthouse on the above date. Present were Councilman White, Kelling, Brewer, Tomsic and Peterson. Also attending were Administrator McClure, Attorney Coffman, Chief Stiles, guest Keith Burnett, Secretary Rees, the Media and seven citizens. Engineer Keogh was absent. Councilman Tomsic made the motion to accept the minutes of the regular meeting of September 1, 1981 as written. Councilman White seconded, approved unanimously. Councilman Kelling made the motion to accept the minutes of the Workshop Session of September 8, 1981 as written. Councilman Tomsic seconded, approved unanimously. Keith Burnett, a consultant of the South Eastern Utah Assoc- ation of Governments appeared before the Council to give them a briefing on the proposed nuclear center in Green River, Utah and it's impacts to Moab. Construction on the plant is scheduled to begin in 1995 with an 18 year construc- tion life on the plant. Mr. Burnett and the Council discussed the assumptions of the designed response phase of the pro- ject. The deadline for the draft portion of the study is the end of September. Mr. Burnett expressed his desire to return before the Council in October to report further. Mayor Jacobs asked Attorney Coffman for a report on the procedure for returning Mrs. Johnson's street before the next Council Meeting. Administrator McClure presented a beer license for the Hitch- N-Post in the name of Mrs. Lea Ellis for approval by the Council. Chief Stiles had recommended approval but expressed concern about who would manage the bar. Mayor Jacobs called on Mrs. Ellis to inquire who her manager would be. Councilman Kelling made the motion the beer license be granted. Council- man Tomsic seconded, approved unanimously. Administrator McClure presented Department for travel expenses for Officer Treadway to attend a que, New Mexico on October 19th moved the request be granted, approved unanimously. a request from the Police in the amount of $274.50 two day seminar in Albuquer- and 20th. Councilman Tomsic Councilman brewer seconded, Administrator McClure stated he and Councilman Tomsic had attended the last County Commissioners Meeting to discuss the building altyeration to the Police Department. The Comm- ission had some reservations about any alteration to the secretary's office but gave their verbal notice of approval to alterations in the other office. As the alteration was not included in the Police Department budget, there was some discussion as to where the funds could be budgeted. Councilman Tomsic moved Administrator McClure examine the budget to see if funds are available for the alteration. Councilman White seconded, approved unanimously. Administrator MClure presented a request, for the bond on Cottonwood Subdivision to be released as the time period for the bond is almost over. He stated the building Inspector and the City Engineer had investigated the subdivision and indicated all of the improvements required under the issuance of the subdivision had been met and recommended the bond be released. Councilman Tomsic expressed concern about the storm drains improvement being met and moved the bond not be released until Administrator McClure research the plats and regulations to see if the 'storm drain improvement was required. Councilman Peterson seconded, approved unanimously. Administrator McClure presented two bids on 1981 Ford Courier pickup trucks for the Street Department. One bid for two trucks was from Peterson Ford in the total amount of $11,871. 221 The other bid was from a private citizen for a used 1981 Ford Courier with 5,830 miles in the amount of $5,000. It was decided the warrenty could not be transferred and the price difference was small in comparison to the mileage. Councilman Tomsic moved the Council accept the Peterson Ford bid. Councilman White seconded, accepted by majority vote. Councilman Peterson did not vote as the bid was sub- mitted by his agency. Councilman Brewer asked if the City men working in Spanish Valley were there on previously agreed work and was informed they were. He also expressed concern over the fairness to Councilman Peterson of only having one dealer bid, al- though only one bid is required. Councilman Kelling passed a letter to the Council from chief Stiles on the continuting investigation into charges against the Police Department. Councilman Tomsic asked Administrator McClure if the policy changes suggested by the attornye who conducted the seminar GrD on discriminatin had been prepared and if so, when will 0 it be pOresented to the Council. Administrator McClure r..1 advised that he is in the process of preparing these along with some other changes that he is reocmmending and will W present them to Council in the near future. w Councilman White asked if a bonding counsel in the City Market matter had -been selected. Attorney Coffman informed him he had spoken to a counsel in Denver and informed them the City Council wanted a recognized Utah bonding counsel. Councilman White moved the bills be paid as presented in the amount of $53,901.63. Councilman Kelling seconded, approved unanimously. Councilman Peterson moved the Council go into Executive Session to discuss personnel matters. The motion was second- ed by Councilman Brewer,approved unanimously by roll -call vote. The Council adjourned the regular session at 9:47 P.M.and went into Executive Session at 10:00 P.M. to dis- cuss a personnel matter regarding Mr. Frank Kelley, Chief Building Inspector. The Council adjourned the Executive Session at 10:25 P.M. and went back into regular session. Councilman Peterson moved a six-month probationary increase be granted to Building Inspector Frank Kelley. Councilman Brewer seconded the motion, passed by a majority vote, Councilman White and Councilman Tomsic voting no. Councilman Tomsic made the motion to approve the Mayor and his wife attending the League of Cities and Towns Con- ference in Salt Lake city on September 24th and 25th. Second by Councilman White, approved unanimously. Councilman Tomsic moved the meeting be adjourned at 10:30 P.M., Councilman Kelling seconded, approved unanimously. ATTEST: Ralph lure, Recorder Bids - Continued Personnel Policy changes to be reviewed Bonding Counsel for City Market Bond Approval of toe Bills Executive Session Merit increase for Frank Kelley Mayor and Wife travel expenses approved for Conference Adjournment 222 CITY COUNCIL Regular meeting and attendance Not Quorum present City Market Industrial Bond Mr. Larson and Mr. Prinster Motion to reconvene October 7, 1981 Election Judges Ordinance vacating Mrs. Johnson's road drawn Orchard Heights subdivision building permits discussed Mr. Flynn's encroach- ment Adjournment October 6, 1981 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Mayor Jacobs, Administrator McClure, Councilman White, Councilman Brewer, Attorney Cofman, Engi- neer Keogh, Chief Stiles, Captain Ison, L. T. Prinster, Attorney Darrell Larson, Secretary Rees, the media and 7 citizens. Councilmen Kelling, Peterson and Tomsic were absent as they were out of town. Mayor Jacobs asked Attorney Coffman for his recommendation as there was not a quorum present. Attorney Cofman stated the Council could not take any legal action or make any decisions as they needed a majority vote. There was some discussion between the members of the Council and Mr. L. T. Prinster of City Market and the bonding council Darrel Larson regarding the public hearing for the requested industrial revenue bond for City Market. Mr. Larson and Mr. Prinster made their presentation to the Council. Mr. Larson stated the importance of adopting the inducement resolution as soon as possible, due to federal tax laws. He explained that industrial revenue bonds are tax exempt to investors and widely used in Utah. Councilman Brewer made the motion the Council adjourn at the conculsion of this meeting and convene tomorrow night, October 7, 1981 at 8:00 P.M. Councilman White seconded the notion. Administrator McClure informed the Council of the urgent need to choose election judges and alternates for each dis- trict. There was some discussion regarding district #2, as there are only about 15 registered voters in the City Limits for that district. Administrator McClure also mention ed the need to set a fee for payment of the judges. Attorney Coffman mentioned he had drawn the ordinance vacat- ing the road in Virginia Johnston's trailer court in order that the property could be returned to her. Administrator McClure mentioned a problem with the Orchard Heights Subdivision and a discussion ensued regarding the issuance of a building permit for that area. Administrator McClure stated the owners should file the necessary plats and get approval. City Engineer Keogh mentioned a problem on Mr. Flynn's prop- erty on Rosetree Lane wherein the street encroches on Flynn's property. It was decided the best way to handle the matter would be for Flynn to petition the City to marrow the street by abandoning 5 feet of the utility right-of-way on Mr. Flynn's side. Councilman Brewer moved to adjourn this meeting until tomor- row night at 8:00 P.M. Councilman White seconded and the meeting was adjourned at 9:23 P.M. 223 orD CD eel V G3.7 4.1 CITY COUNCIL October 7, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Mayor Jacobs, Administrator McClure, Councilmen White, Brewer and Tomsic, Attorney Coffman, chief Stiles, Captain Ison, Secretary Rees, the media and seven citizens. Councilmen Kelling and Peterson were out-of-town. Mayor Jacobs called the meeting to order at 8:06 P.M. Councilman White had one correction to the minutes of Sept- ember 15, 1981: On page two, the seventh paragraph, the spelling of council should be counsel. Councilman White moved the minutes be approved with that one correction. Councilman Brewer seconded, approved unanimously by the three councilmen attending. Councilman Brewer moved a public hearing on the requested industrial revenue bond for City Market be held at the next regularly scheduled Council meeting on October 20, 1981. Councilman White seconded, approved unanimously. by the three Councilmen attending. Attorney Coffman distri- buted copies of the bonding counsel's opinion letter to the Councilmen. Administrator McClure notified the Council of a letter from Nationale Jogger's Day Chairman Mary Mahoney requesting the City Police to control traffic along the jogger's route. The Council recognized the meet. Chief Stiles advised the Council that the Police Department was aware of the Jogger's Day run and indicated the event would not be a problem. Attorney Coffman stated that a copy of the ordinance vacating the Orchard Heights Subdivision should be recorded with the County Recorder. Attorney Coffman stated he had drafted an ordinance vacat- ing a portion of property from Virginia and Johnny Johnston as the City does not accept the deed of 'gift and a quit claim deed to return the 50' strip of land currently serving as a road. Councilman Tomsic moved the Council accept the ordinance and quit claim deed returning the property to Mrs. Johnson. Councilman White seconded the motion, approved unanimously by roll call vote. See Ordinance #12-81 below. Attorney Coffman stated he had received a letter from Olan Mills reuqesting a return of the $500.00 for a transient merchant license. Administrator McClure advised that $10.00 would be retained as a fee and a check in the amount of $490.00 would be forwarded to Olan Mills requesting them to submit the bond. Attorney Coffman stated he had received an invitation to attend a confernece on pornography and would use his own judgement and save the expense of attending. ORDINANCE NO. 12-81 BE IT ORDAINED BY THE MOAB CITY COUNCIL that upon the oral petition of Virginia Johnson to convey to her certain property which had been previously conveyed by a gift to the City by Johnny Johnson and Virginia Johnson, the Moab City Council finds as follows: 1. That the property hereinafter described was con - eyed by Johnny Johnson and Virginia Johnson by gift on the 29th day of may, A.D. 1962 by a Quit -Claim Deed of record in the Office of the Grand County, Utah, Recorder as of July 9, 1962, as Entry No. 298540 in Book 109 at page 437. Regular meeting and attendance Approval of the Minutes Request for a public hearing National Jogger's Day Vacation of Orchard Heights Ordinance vacating Johnson's street Olan Mills requesting refund Conference on Pornography Ordinance No. 12-81 224 Ordinance No. 12-81 2. That the apparent intent of such Deed was to create continued a road. 3. That the City of Moab as a body politic never accepted said instrument nor accepted said attempt at dedica- tion of a road. 4. That the City of Moab finds that it has not need of said property and would prefer that the same be returned to the tax roles. 5. That Virginia Johnson has appeared and requested the reconveyance of the parcel to her. NOW, THEREFORE, upon motion duly made, seconded and unanimously passed, it is RESOLVED, that the governing body of the City of Moab does hereby authorize and instruct the Mayor and Reco9rder to execute a Quit -Claim Deed in favor of Virginia Johnson, conveying to her the following described real property, located in Grand County, Utah. Beginning at a point which lies North 4.0 feet and West 1053.8 feet from the Official City Intersection Monument at the intersection of the Center Lines of 100 West Street and Walnut Lane, City of Moab, County of Grand, State of Utah, and from whence the Northwest Corner of Section 1, Township 26 South, Range 21 East Salt Lake Base and Meridian, lies Norc.. 1342.8 feet and West 1362.7 feet; thence running S. 00° 17' West 496.5 feet, thence S. 88°17'E. 498.2 feet; thence S. 89° 47' E. 50.0 feet to the point; of beginning. DATED this 8th day of Octo , A.D. 1981 arold Jj6bs, Mayor ATTEST: a .h Y/ McClure, Recorder Attorney Coffman has prepared a resolution to dispose of Resolution disposing surplus equipment the Police Department has been carrying of surplus Police onit's inventory, namely several large calibur hand guns. Department equipment Chief Stiles handed copies of the list of surplus equipment to the Council and said he would like to retain tow of the weapons listed to be used by his officers when their weapon is taken as evidence. The Council had several questions and after some discussion, Councilman Tomsic moved the Coun- cil adopt this resolution dealing with surplus property and disposing of the same with the exception of the #2 and #3 Smith and Wesson model 19-4 guns as listed, which would remain with the Police Department. Councilman Brewer seconded passed unanimously by all members of the Council present. Proposal for Attorney Coffman also mentioned a proposal for an interium resolution regarding resolution until the City adopts a policy of disposition intangibles wherein when intangibles (money, bearer bonds) are found and turned over to the City Police Department, the intangi- bles would be held by the City for 180 days then revert to the finder if the true owner could not be found. Currently the money is forwarded to the State after 90 days and held for a number of years, then becomes the property of the State. 225 c 1-4 U Mr. Dan Holyoak appeared requesting that the Council discuss allowing the development of thPnproperty that rag-previnus19 known as Orchard Heights Subdivision. He_stated that after the subdivision was approved, the ground was sold to him and a group of investors who created- approximately five lots with a 50' right -of -why serving the five lots. At the time, this became a subdivision by definition o ordin- ance. The problem now is that Mr. Sonny Flekins-would like to build a home for Mr. Terry Leech but the Building Inspec- tor has refused to grant him a building permit as it is in violation of the subdivision ordinance. Administrator McClure 'read the law as it defines a subdivision. It indi- cates that any time property is divided into three or more parcels of five acres or less, a subdivision is_creat-ed. Discussion then ensured concerning the problems of the subdivision. The decision of the Council was that Mr.Felkins should pursue filing a one -lot subdivision and process it through the appropriate channels for approval. Attorney Coffman stated he gets a bill each year for the publication "Defense of Drunk Driving" supplements in the amount of-$79.50 and he feels he does not need the property. He asked if the Police Department had a use for the book, as he felt he did not. Administrator McClure mentioned he had some personnel mat- ters to discuss and that the Council might want to go into Executive Session to discuss them. Administrator McClure informed the Council of the need to purchase a copier for the Police Department as they need a copier available on a 24-hour basis, seven days a week. After looking at various copiers, the Chief believe - the copier the department has been trying will be satisfac- tory. The original price of the copier was $3,600 but with negotiations, the price has now dropped to $2,500 and could be purchased on monthly installments of between $50.00 and $60.00. The Chief feels his budget could handle the monthly payments until the new budget year. Our monthly bills from the County for copies have been over $200.00 for the past three months. Councilman Tomsic moved a lease purchase to be approved to purcase the Minolta copier from Office Equipment Company. Councilman Brewer seconded, app- roved unanimously by the members in attendance. Administrator McClure stated the County had given their approval for the remodeling of the Police Department. The Chief would prefer not to move the records department across the hall as it would be inconvenient for the secretary. He would like to purchase a filing cabinet with a lock for the records. Administrator McClure said he had looked at the budget for monies to purchase the filing cabinet and could take it from the grounds and equipment budget. Councilman White made the motion to purchase a filing cab- inet for the Police Department and authorize Administrator McClure to take the money from another budget. Councilman Tomsic seconded, approved unanimously by the Council members present. Administrator MClcure asked that the Council give him the authority to make the appointments for election judges. Councilman Brewer moved the City pay the election judges $12.00 and allow the Administrator to appoint the judges. Councilman White seconded, approved unanimously. Administrator McClure stated that he had discussed adding the new golf pro, Steve Kennedy to the City's insurance program with the insurers and was informed there would be no problem. The Golf Course would have to pay the monthly insurance premium of $164.00. Councilman Brewer moved to add Mr. Kennedy to the City insurance plan with the under- standing that if the Golf Course does not pay the monthly premium, the insurance will be dropped. Councilman Tomsic seconded, approved unanimouslyl. Administrator McClure stated FHA has released the monies and final approval has been given by the Building Inspector Orchard Heights Subdivision Attorney mentioned unwanted supplements Personnel matters to discuss in Executive Session Copier for Police Department Remodeling of Police Department Election Judges City Insurance Program to include Golf Pro Request for release of Cottonwood Subdivisior bond 226 Request for bond release dies for lack of majority Personnel Policy and Procedure originally adopted as ordinance Vacanyy on BOA to be filled by Gary Jacobson Skunk Problem Approval of the Bills Motion to go into Executive Session Adjourned to Executive Session Merit Increase granted to Captain 'Ison Adjournment Regular meeting and Attendance and that the bond for Cottonwood Subdivision should be re- leased. Councilman White made the motion the bond be released with Councilman Brewer seconding the motion. The motion did not carry for lack of a majority. Attorney Coffman stated the procedures code was originally adopted as an ordinance and therefore required a public hearing. Councilman Tomsic has some additional items to add and asked that it be tabled until the next meeting. Councilman Brewer mentioned a vacancy on the Board of Adjust- mentUte 'to Ron Turner moving out-of-state, and asked Mayor Jacobs to appoint Gary Jacobson to the board. Mayor Jacobs said he would call Mr. Jacobson. Councilman Tomsic stated she had a citizen submit a request for a bounty on skunks. There was some discussion on the problem. Attorney Coffman stated he would talk to Garth Carter of the Fish and Game Department to see if they would trap the skunks. The Mayor suggested we might be able to get a civic group or organization to set the traps. Councilman White moved the bills be paid as presented with the exception of the Burrough's bill, which should be adjust ed as necessary by the Administrator. Councilman Brewer seconded, approved unanimously. Councilman White made the motion the Council go into Execu- tive Session to discuss personnel matters. Councilman Brewer seconded the motion, carried unanimously. The Council adjourned to Executive Session at 9:44 P.M. The purpose of the Executive Session was the discussion of personnel merit increases. After the discussion, the meeting was adjourned at 10:25 P.M. Council went back into regular session. Councilman Brewer made the motion that a Step 2 merit increase be approved for Captain Dan Ison of the Police Department. Councilman Tomsic seconded the motion, which was carried unanimously. Councilman White moved the meeting be adjourned, Councilman Brewer seconded the motion. The meeting was adjourned at 10:28 P.M. APVED: aro ATTEST: a Y. cClure, Recorder CITY COUNCIL October 20, 1981 obs, Mayor A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Court- house. Attending were Mayor Jacobs, Administrator McClure, City Engineer Keogh, Attorney Coffman, Councilmen Brewer, Kelling, Tomsic, White and Peterson, L. T. Prinster, Secret- ary Rees, the Media and 55 citizens. Mayor Jacobs called the meeting to order at 8:02 P.M. Minutes Approved Councilman White moved the minutes of the meeting of October 6, 1981 be approved as written. Councilman Brewer seconded, 227 CD Q accepted unanimously. Councilman Whte moved the minutes of the meeting of October 7, 1981 be approved as written. Councilman Brewer seconded the motion, accepted unanimously. Mayor Jacobs read a letter from Mr. Edward Short, Chief Specialist, and Mr. Edward T. Himstreet, Director, State of Utah Department of Business Regulations, Mobile Homes and Recreational Vehicles Division. ..."Regarding the pro- posed Ordinance (14-81) that Moab City is considering re- garding the placement of manufactured housing on lots within City Limits. The State of Utah, Department of Business Regulations, Manufactured Housing and Recreational Vehicle Division would by this letter lend support to that proposed ordinance. We request that this letter be included in the minutes of the Council Meeting of October 20, 1981 as a letter of support. We regret that we could not arrange to be at the Council Meeting in person. We would like to commend the City of Moab for the progressive attitude they have shown with the acceptance of manufactured homes as alternate housing in Moab City." There was no comment from the citizens. Councilman Tomsic moved the Council accept Ordinance No. 14-81. Councilman Brewer seconded, the ordi- nance was accepted unanimously by roll -call vote. As the public hearing on this matter was requested by cit- izens, Mayor Jacobs called on their spokesman, Attorney Harry E. Snow for his comments. Mr. Snow stated that City Market is an already established business and that revenue bonds are for new businesses and asked why our City should favor City Market over the other merchants in Moab. He further stated that the Federal Government is proposing to do away with this type of bond, and requested the bond not be approved. Mayor Jacobs then called on Mr. T. L., Prinster of City Market who explained the bonding counsel he had retained was unable to return to Maob for this meet ing. Mr. Prinster made a short statement to the citizens and the Council, after which there were comments and ques- tions by several citizens. After much discussion, Mr. Prin- ster withdrew his request. Councilman Tomsic moved the City estblish a policy to deal with requests for industrial bonds, including the type they would look favorable on and those they would not care to consider. Councilman Kelling sconded the motion, which passed unanimously. The Council decided to establishe a committee with members representing the community appointed by Administrator McClure. After some discussion regarding a change in the proposed Subdivision Ordinance, Councilman Tomsic moved the Council adopt Ordinance No. 13-81 with the following change under Section 22-6-2 Design Standards, Section 8: "Side lines of lots shall be approximately at right angles, or radical to the street lines. However, if energy design conditions dictate otherwise, the Planning Commission may permit excep- tions." Councilman Kelling seconded the motion which was accepted umanimously by roll -call vote. Administrator McClure opened the sealed bids to sell the 1958 Ford Tractor the City has not used for some years. The fist bid opened was from Sheldon Hefner in the amount of $2,137.00. The second bid was from Gary Carmichael in the amount of $555.00 and the third bid was from Lynn Day in the amount of $1,502.00. Councilman Kelling moved the Council accept the bid from Sheldon Hefner. Councilman White seconded the motion, which passed unanimously. Administrator McClure suggested the Council reschedule the next regular Council meeting as it falls on municipal Election Day. Councilman Tomsic moved the Council set the date for the next regular Council Meeting for Wednesday, November 4, 1981 at 8:00 P.M. and that the votes be canvased at that time. Councilman Kelling seconded the motion, which passed unanimously. Approval of the Minutes (continued) Manufactured Homes Ordinance No.'14-81 adopted (see Ordinance Book for copy) Public Hearing on City Market Industrial Revenue Bond Council agrees to set policy for dealing with industrial Revenue Bonds Ordinance No. 13-81 adopted - Subdivisions (see Ordinance Book for copy) Tractor bids opened Rescheduling of next meeting 228 Cottonwood Sub- division Bond released Possibility of withholding probationary employees insurance Election judges to be paid $2.00 per hour Swimming Pool Modification discussed CETA hiring procedures removed from Personnel Manual Skunk Problem Personnel Policy and Procedure Manual discussed Councilman Whites comments Mayor concerned about evident recession Quarterly report on budget requested Approval of the Bills Adjournment After some discussion regarding the completion of the requir- ed improvements, Councilman Brewer moved to release the bond for Cottonwood Subdivision. Councilman White seconded the motion, which passed by majority vote, four in favor, and Councilman Tomsic opposed. Council discussed withholding the insurance on new employees until the 6-month probationary period has expired. The matter was tabled until the next Council Meeting. Administrator McClure recommended to the Council the election judges be paid $2.00 an hour rather than the $12.00 per day fee approved by Council at the last meeting as there will be no counters under the new State Law. Councilman Tomsic moved to pay the judges $2.00 per hour. Councilman Brewer seconded the motion which was accepted unanimously. Administrator McClure presented a recommended design from Aqua Tech to modify the swimming pool to an L-shape which would increase the pool by 1,500 square feet, deepen it to 13 feet and add a 3 meter board. The existing bathouse and the pumping building would remain the same. With the City doing some of the work, such as tearing out the old pool and painting pipes, the pool would cost between $250,000 and $275,000 including radiant heating design and filters. The Council discussed the need to begin the bidding procedure as soon as possible and possibly appealing to local crafEsmen for volunteer work. Councilman Brewer suggested we loiok into an additional 1,000 square feet being added to the pool to accoimodate growth and ask for an alternate bid on the additional square footage. Councilman Tomsic moved to remove the CETA hiring procedures from our Personnel Policy and Procedures Manual. Councilman Kelling seconded, passed unanimously. Councilman Tomsic asked Attorney Coffman if he had checked with Garth Carter of the Fish and Game Department regarding trapping the skunks. Attorney Coffman stated he had and Mr. Carter informed him skunks are a protected species, unless they become a problem, then they can be trapped as long as the pelts are not sold for economic benefit. Attorney Coffman will check further. Councilman Tomsic questioned whether the Personnel Manual was adopted as an ordinance. There was some discussion and it was decided to set a public hearing date at the next Council meeting. Councilman White commented on the progressive ordinances the Council adopted and stated he felt the bond for City Market would have been helpful to the City and expressed his disappointment in the withdrawal of the request for the bond. Mayor Jacobs made a statement of concern over the evident recession and stated that departments may have to decrease spending by approximately 3, of what was budgeted. The Cou- ncil authorized the Mayor to further review the economic status of the Community and to make a recommendation to them on possible budget decreases. Councilman Tomsic requested a quarterly report on the budget. Administrator McClure advised her he would get a copy of the quarterly report to the Council as soon as it becomes available. Councilman White made the motion the bills be approved in the amount of $22,860.18. Councilman Kelling seconded the motion which was approved unanimously. Councilman Kelling moved the meeting be adjourned. Councilman Tomsic seconded, passed unanimously. The meeting was adjourn- ed at 10:40 . ATTEST. A 0VED arold Jac al. Y Mc ure, ecorder qUs, Mayor 229 CITY COUNCIL,_ November 4, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Mayor Jacobs, Administrator McClure, Councilmen Brewer, Kelling, White and Tomsic, Engineer Keogh, Attorney Coffman, Chief Stiles, Officer Haycock, Councilman -elect Hefner, Secretary Rees, the media and four citizens. Mayor Jacobs called the meeting to order at 8:02 P.M. Councilman Tomsic made the motion the minutes of the regular meeting of October 20, 1981 be approved as written. Council- man White seconded the motion which passed unanimously. Coming before the Council for final approval was a Cond- itional Home Use for O. C. Caouette to manufacture and mail order fly rods. Councilman Tomsic moved the Council approve the Conditional Home Use for Mr. Caouette. Council- man Brewer seconded the motion which passed unanimously. Engineer Keogh presented an ordinance he had drawn up aban- doning a portion of an unnamed street adjacent to property owned by Bill H. Flynn on Rosetree Lane. There was some discussion by members of the Council and the City Attorney and it was decided to table the matter until the next Coun- cil meeting in order that the ordinance could be re -typed and the surrounding property owners could give their con- sent. Chief of Police Stiles presented four requests for travel for the Police Department. The first request was for the Chief and Captain Ison to travel to Denver to check into a Data Base Management program for investigative informa- tion. This travel can be done at any time. The second request for travel was for Captain Ison and Officer Haycock to attend a State Land Board hearing in Salt Lake City on November loth for the approval of the site for the Police Pistol Range. The third request for travel was for Officers Rahn and Haycock to attend the Four Corners Law Enforcement Quarterly Conference in Durange, Colorado on December 10, 1981. The last request was for Officers Haycock and Messick to attend the State of Utah Quarterly Crime Conference in Logan, Utah on November 16, 1981. Councilman Tomsic moved the travel for the loth and 16th of November and the 10th of December for the various officers be approved as requested and that the Council table approving the travel to Denver for the Chief and Captain Ison until more innform- ation was received. Councilman Kelling seconded the motion which was passed unanimously. Chief Stiles told the Council he had one office submit his resignation effective November 25, 1981 and anticipated others. He asked the Council if the vacancies should be filled as they came up. The Council agreed the vacancies should be filled. Councilman White informed the Council of the possibility of the Chief conducting an internal affairs investigation with Captain Ison in charge regarding an alledged police abuse in one of the schools. He further stated that he had not made up his mind if an investigation would be neces- sary. Mayor Jacobs mentioned a bill presented by the Travel Coun- cil for clean up work outside the Visitor's Center and clean up and maintenance work inside the center. He asked Administrator McClure if the City is responsible for the inside work. Mayor Jacobs mentioned a letter he had received from David McKay regarding a parking lot for private vehicles while the owners were on a river trip. The parking lot is to Regular meeting and attendance Approval of the Minutes Final Approval of Conditional Home Use for O.C.Caouette Abandoning portion of unnamed street on Rosetree Lane Requests for travel from the Police Department Officer Snelling submits resignation Possible internal affairs investigation in Police Department Bill from Travel Council for cleanup of Visitor's Center David McKays request for parking lot in R-3 zone 230 Approval of the Bills Adjournment Regular meeting and attendance be located near the Visitor's Center. There was some discus- sion by the Council regarding the request as the area is zoned R-3. The Council decided they were not in favor of the parking area. Mayor Jacobs said he would inform Mr. McKay the Council was not in favor but he still has the right to go before the Planning Commission. Councilman White moved the bills be paid in the amount of $32,790.37 as presented. Councilman Brewer seconded the motion after questioning a bill -from Moab Irrigation Company. The motion passed unanimously. Councilman Tomsic moved the meeting be adjourned and the Council -canvas the votes. Councilman Brewer seconded the motion which was passed unanimously. The meeting was adjourn- ed at 8:57 P. M. ATTEST: a • Y Mc ure, Recorder CITY COUNCIL November 17, 1981 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Court- house. Attending were Councilmen Brewer, Kelling, Tomsic, White and Peterson. Also attending were Mayor Jacobs, Admin- istrator McClure, Engineer Keogh, Attorney Coffman, Chief Stiles, and three members of the Police Department, Mayor - elect Stocks, Councilman -elect Hefner, Secretary Rees, the Media and five citizens. Mayor Jacobs called the meeting to order at 8:00 P.M. Approval of the Councilman Kelling made the motion to approve the minutes minutes of the November 4, 1981 meeting as written. Councilman Tomsic seconded, approved unanimously. Final Approval of Coming before the Council for final approval was a Trans - Special Exception itional Use for Grand Tire to construct a steel storage building in an R-3 Zone as recommended by the Planning Comm- ission. Councilman Brewer moved the Council give final approval for the Transitional Use. Councilman Tomsic seconded the motion, which was approved unanimously Final Approval Also before the Council was final approval of a Special of Special Exception for Carl H. Lovingood to extend the time a rec- Exception reational vehicle can be parked in a C-2 Zone to one year. Councilman Kelling moved the Council accept the Plannig Commission's recommendation for the recreational vehicle to be parked on the property up to one year. Seconded by Councilman Peterson. Councilman Brewer questioned the neces- sity of extending the time to one year. Mr. Lovingood stated his reasons to the Council. The motion passed by majority vote, as Councilman Brewer voted nay. Release of Attorney Coffman mentioned he had only to sign and notarize Cottonwood the document releasing the bond before the matter will be Subdivision Bond concluded. 2SI Attorney Coffman stated he had drafted a letter to the previous insurance carrier regarding a claim for fence damage by Lee Loveridge. He also mentioned the Council might want to discuss the matter in Executive Session as there is a potential for litigation. Attorney Coffman introduced a form letter for temporaty disconnection of city services. The form will be used when services are to be discontinued for at least 60 days. Coun- cilman Tomsic suggested a public notice be made so the citizens would be aware of this service. A resolution creating d capital account for the purpose of depositing funds for the construction of a storm drain system for Huntridge Plaza apartments and areas to the west and north thereof was adopted by Council. Councilman Kelling made the motion the resolution be adopted. Council- man Peterson seconded, approved unanimously. Administrator McClure presented to the Council a request from the Police Department to approve the lease for the ground for the pistol range. Chief Stiles further up -dated the request indicating a $20.00 application fee for the right-of-way and a $20.00 application fee for the lease of the land need to be sent prior to the lease being mailed down. The one-time right-of-way fee is $313.50; the yearly lease fee is $250.00; the total applications fees $40.00 making the total $603.50. The pistol range will be for the entire southeast area and will be open for public use under the supervision of a range master. After some discus- sion, Councilman Tomsic moved the Council authorize the expenditure of $613.50 for the pistol range. Councilman Kelling seconded the motion which was unanimously approved. Administrator McClure informed the Council the Chief of Police has an opportunity to attend the FBI National Academy in Virginia. A slot has become available effective in Jan- uary. The total cost of the academy is $1,496.04. Councilman White asked if the Chief would remain with the City after the schooling is completed. Attorney Coffman presented to the Council a contract agreement between the City of Moab and Chief Stiles wherein he will remain with the City for a period of one year after completion of the FBI school. Councilman Tomsic movced the contract be publicly signed at this meeting, further stating she felt it was a tremen- dous honor to the Police Department and the City. Councilman Kelling seconded the motion, which passed unanimously. Councilman Tomsic also made the motion the Council appoint Captain Ison as the acting chief during Chief Stiles three month attendance to the FBI academy. Councilman Kelling seconded, passed unanimously. Councilman Kelling moved the Council authorize the itemized expenses in the amount of $1,496.04 with the understanding that any monies reimbursed for travel, etc. will be refunded to the City. Councilman Brewer seconded, passed unanimously. Administrator McClure presented a memo from Chief Stiles regarding a medical bill incurred by two people incarcerated in the County Jail. Attorney Coffman stated if the prisoner was incarcerated on a State offense, the County is respon- sible for all costs incurred. He further stated the City has no legal liability to maintain State prisoners and recommended the doctor bill and the bill from Grand County for prisoner care not be paid. Administrator McClure also presented a request for Chief Stiles and Captain Isom to travel to Bounder and North Glen, Colorado to look into management information systgems to be used by the City's computer. After some discussion, it was decided the Chief should take an extra day on his way to Virginia and look into the matter. Claim against City for damage to fence Form letter for temporary disconnect Captial Account created by Resolution No. 81-8 Police pistol Range approved Chief to attend FBI academy Captain Ison to serve as acting Chief Expenses authorized for FBI Academy Travel request for Chief to make feasibility study 232 Police Department Les Erbes appeared before the Council requesting the City's to put up Christmas help in putting up the Christmas lights. He stated the Lion's lights and Rotary Clubs will put the decorations in shape and get them ready to put up. Chief Stiles stated he felt the Police Department would volunteer to put the lights up. Mr. Erbes also stated the need for three new timers for the lights. Councilman Kelling and Councilman Peterson stated they would purchase the timers for the City. Insurance to go to bid Well No. 3 not in use Approval of the Bills Adjourn to Executive Session Adjournment Regular meeting and attendance Councilman Kelling stated she would like to recommend the health insurance for the City be put up for bid. There was some discussion regarding this consideration. Mayor Jacobs presented a letter from the State Health Depart— ment regarding Well No. 3, the Corbin Well. The well is now out of service except when extra water is needed. Councilman White moved the bills be paid as presented with the exception of the $568.00 jail occupancy bill from Grand County, making the total bills approved $21,730.29. Council— man Peterson seconded, passed unanimously. Councilman Tomsic moved the Council adjourn to Executive Session to discuss personnel and judicial matters. Councilman Brewer seconded, passed unanimously. The -Council adjourned to Executive Session at 9:32 P.M. Mayor Jacobs called the Executive Session to order at 9:40 P.M. and mentioned three personnel matters and two matters pertinent to possible litigation. After considerable discus— sion, Councilman Peterson moved the Executive session be adjourned. Councilman White seconded, passed unanimously. The Executive Session was adjourned at 10:40 P.M. Mayor Jacobs called the Regular Session of Council back to order and indicated no action was necessary on the matters discussed. Councilman Peterson moved the meeting be adjorned. Councilman White seconded. The meeting was adjourned at 10:41 P.M. by unanimous consent. alph APPROVED: Clu e, Recorder CITY COUNCIL December 1, 1981 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen Brewer, Kelling, Tomsic White and Peterson. Also attending were Attorney Coffman, Engineer Keogh, Administrator McClure, Chief Stiles, Captain Ison, County Attorney Benge, Secretary Rees, the Media and one citizen. Mayor Jacobs was out of town. Councilman Peter— son called the meeting to order at 8:00 P.M. as Mayor Protem. Approval of the minutes of 11/17/81 As there were no additions or corrections, Councilman Brewer moved the minutes be approved as written, Councilman Kelling seconded the motion, which carried unanimously. 233 Mrs. Jerri Pilling appeared before Council requesting restrictive parking in front of her home on 1st East and 1st South, across the street from the new Peterson's Game Center. Although the game center has not opened yet, Mrs. Pilling has encountered difficulty in parking and in getting out of her driveway. After some discussion, Attorney Coffman suggested the curbs be painted red in Mrs. Pilling's drive- ways. The Police Department could then be called when vio- lated. Councilman White moved the Council authorize the painting of the perimeter of any and all driveways in the color of red to signify no parking in light of the problems caused by commercial activity across the street. Councilman Kelling seconded the motion which carried unanimously. , — Engineer Keogh stated he had the signed petition from Bill and Donnie Flynn requesting the City vacate a portion of an unnamed street adjacent to Rosetree Lane. Attorney Coff- man stated the ordinance could be signed and recorded. Councilman Brewer made the motion to adopt Ordinance 81-15, narrowing a portion of an unnamed street. Councilman white seconded the notion, which carried unanimously. Request for Restrictive parking Ordinance No. 81-15 OEngineer Keogh mentioned some work being done in Arches Arches Subdivision Subdivision. The owner is negotiating for curb and gutter (, along Hillside Drive, the slump in the road has been repair- ed and some plumbing has been revamped according to specifi- W cations from the State Health Department. Councilman Brewer questioned if the subdivider had to pay for the repair of the street that had slumped. Administrator mcClure in- formed him the City has not accepted the street as yet, therefore the contractor is still responsible. Attorney Coffman handed out copies of the second page of Prioner bills the 50 year lease for the rental of a portion of the County questioned Courthouse executed in 1962. Attorney Coffman stated he had written a letter to Sheriff Nyland pointing ou,_ that residents of Moab City are also Grand County taxpayers and pay their portion of the Grand county jail cost maint- enance through their taxes for the expense of feeding pri- soners that commit violations of state law. He further pointed out paragraph four of the lease, wherein it states all prisoners shall be the responsibility of the Sheriff and the City shall pay for only Moab City prisoners. Att- orney Coffman recommends the City not pay any further bills except those for prisoners on City offenses. Administrator McClure presented copies of the lease agree- Juvenile Court lease ment with the Juvenile Court. Councilman Tomsic made the renewed motion to offer the lease to the Juvenile Court for three years at the rate of $250.00 per month. Councilman Kelling seconded the motion which carried unanimously. Councilman Tomsic moved the Council accept the lease agree- ment with the Division of State Lands No. 539 for the Police Pistol Range. The lease is for ten years with yearly payment of $250.60 per year for the first five years: Councilman White seconded the motion, which carried unanimously. There was some changes made to the agreement, as it was originally between the Police Department and the Division of State Lands. This was changed to Moab City as the Police Depart- ment cannot sign leases. Administrator McClure mentioned he had several personnel matters to discuss and asked Council's pleasure if the matters should be heard in executive session. Councilman Brewer asked if the Chrrstmas lights were up yet and was informed they were not. There were several problems encountered last Saturday when the lights were to be put up. After some discussion regarding the problems, it was decided to try to get the lights up sometime during the week in time for the Christmas Parade on Saturday. Lease agreement for Police Pistol Range Personnel matters to discuss in Executive Session Christmas Lights to go up this week 234 Approval of the bills. Recess to Executive Session Pay increases and permanent status for Coursey, Haycock, Barker and Treadway. Adjournment Regular meeting and attendance Approval of the Minutes Girl Scout Presentation Approval of Planning Commission activities (Wells) Councilman White moved the bills be paid as presented in the amount of $29,771.76. Councilman Tomsic seconded the motion, which carried unanimously. Councilman Tomsic moved the Council recess to Executive Session to hear personnel matters. Councilman White seconded the motion which carried unanimously. The Council went into Executive Session at 9:00 P.M. Mayor Protem Keith Peterson called the Executive Session to order at 9:02 P.M. and.indicated the purpose of the Execu- tive Session was to discuss four personnel matters from the Police Department. Discussion ensued by members of the Council. At 9:25 P.M. Mayor Protem Peterson brought the Executive Session to a close; the regular session was the reconvened at 9:29 P.M. Councilman Tomsic moved and Council- man Kelling seconded the probationary period for the follow- ing officers be ended and they be put on permanent status and a one step merit increase be granted for Officers Tread- way, Coursey, Barker and Haycock. Councilman Tomsic moved the meeting be adjourned, Councilman White seconded. The meeting was adjourned at 9:32 P.M. by unanimous consent. APPROVED: Harold J�3`.s, Mayor ATTEST: Ralph 1 e, 'ecorder CITY COUNCIL December 15, 1982 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen Brewer, Kelling, Tomsic, and White. Councilman Peterson was out-of-town. Also attend- ing were Mayor Jacobs, Engineer Keogh, Attorney Coffman, Administrator McClure, Chief Stiles, Captain Ison, Mayor - elect Tom Stocks, Councilmen -elect Hefner and Neal, Secretary Howell, the Media and eleven citizens. Mayor Jacobs called the meeting to order at 8:00 P.M. Councilman White moved the minutes be approv d as presented as there were no corrections. Councilman Kelling seconded the motion, which passed unanimously by all members in atten- dance. Mrs. Danette Winfield made a presentation to Mayor Jacobs from the Utah Girl Scout Council. The placque is for the City of Moab in appreciation of service to the Girl Scouts. Going before the Council for final approval was a request from Gladys and Dennis Wells to attach a 12' X 35' mobile home to their existing mobile home. There was some discussion as to whether this request would meet ordinance requirements. Councilman Tomsic moved the Wells' be granted final approval with Councilman Brewer seconding the motion, which carried unanimously. 235 Also for final approval was a request by Ted Sorrenson and Mike Steele to use Lot 5, Johnson Subdivision as a parking facility for Lot 9, Mini -Storage, 402 North Fifth West. After a great deal of discussion, the Council agreed to return this request to the Planning Commission for re-ev- aluation as parking lots as land uses are not permitted in residential zones and both lots have ordinance violations currently. Councilman Brewer moved the request be returned to the Planning Commission for further clarification, Coun- cilman Tomsic seconded. The motion was carried unanimously. Attorney Coffman stated he felt the prisoner bill was still in error as many of the prisoners were overnight billings with no meals served. Chief Stiles stated he felt there were 18 extra days charged in the November'bill-and 20 extra days in the October bill where no meals were served. The Council generally agreed that Attorney Coffman and Administrator McClure meet with the County Commissioners at their regular meeting on Monday, December 21, 1981 to discuss this matter with them. Request returned to Planning Commission- Sorrenson and Steele PRISONER BILLS Attorney Coffman presented an ordinance accepting the gift ORDINANCE NO. 16-81 of a building donated by Dr. and Mrs. Mayberry for the ADOPTED M City's use at the Golf Course. The building was formerly the Walnut Lane Market. Councilman Tomsic made the motion rm• l the Council accept the gift of the building and that all (, costs of moving and the actual moving will be the sole W responsibility of the Golf Course and is to be done within w 60 days. Seconded by Councilman White, the motion carried unanimously. Administrator McClure presented a beer license for approval in the name of Shawn Welch for the Poplar Place. The Chief found nothing in Ms. Welch's background other than a violat- ion of City Ordinance and a case pending. Ms. Welch asked to speak to the Council concerning this matter. After some discussion, Councilman White moved the Council issue the requested license with the condition that if the City Ordinance is violated with regard to closing time, the license be revoked. Councilman Kelling seconded the motion, which Passed unanimously. Administrator McClure also presented two licenses f.._ the Elks Lodge for approval and explained a background invest- igation had not been done, as the officers change yearly. He suggested the license be issued on the strength of the organization of the Elks. Councilman White moved the Coun- cil authorize the issuance of a beer license and a cabaret license for the Moab Elks Lodge No. 2021. Councilman Brewer seconded the motion which carried unanimously. Administrator McClure presented a new maintenance agreement MAINTENANCE AGREEMENT between the City and Continental Telephone Company as the ACCEPTED WITH CONTIN- current agreement expires December 31, 1981. Councilman ENTAL TELEPHONE CO. White moved the Council renew the maintenance agreement, Councilman Tomsic seconded the motion, which carried unani- mously. BEER LICENSE APPROVED FOR SHAWN WELCH CABARET LICENSE AND BEER LICENSE APPROVED FOR ELKS LODGE Administrator McClure opened the three sealed bids that BID OPENING ON TWO 1968 had been received. The first bid was from Jake Reed for CHEVROLET PICKUPS the 1968 Chevrolet pickup with a utility body in the amount of $365.00 and the Chevrolet pickup with a utility body in the amount of $265.00. The second bid opened was from Dalgarno Transportation on the 1968 Chevrolet pickup with utility body in the amount of $425.00. The last bid opened was also from Dalgarno Transportation on the 1968 Chevrolet pickup with regular body in the amount of $400.00. Council- man Kelling moved the Council accept both of the Dalgarno Transportation bids in the total amount of $825.00. Coun- cilman White seconded the motion, which carried unanimously. Councilman Kelling moved the Council authorize the Mayoi and Administrator persue disposal of the two Ford Torinos at fair market value. Councilman Tomsic seconded the mo- tion, which carried unanimously. DISPOSAL OF THE TWO FORD TORINOS 236 VISITOR'S CENTER UPKEEP AND REPAIR BILL QUESTIONED After reading part of the lease with the Travel Council, the Council had a leniethly discussion regarding the City's liability to pay a bill from the Travel Council in the amount of $1,937.13. Council members agreed to discuss the issue with Travel Council officials. BALLARD AND ANDERSON Chief Stiles presented two applicants for the position of APPROVED TO FILL Police Officer I ro fill the vacancies in the department. POLICE OFFICER Twenty applications were received and nine candidates were VACANCIES given tests. The top two candidates were Bruce D. Ballard and Daniel L. Anderson. Councilman White moved the Council accept the Chief's recommendation and approve the hiring of Ballard ancL Anderson. Councilman Tomsic seconded the motion, whYch'carried unanimously. COUNCILMAN BREWER Councilman Brewer moved the City continue to pay Mayor Jacobs SUGGESTS CITY MAIN- insurance premium as a way of compensating him for his con- TAIN MAYOR JACOBS tinued service as advisor and on several boards. Councilman INSURANCE Kelling seconded the motion. Mayor Jacobs stated he would not consider this unless the incoming Mayor and members of the Council were in favor but would like to keep his insurance with the City and pay the same rate as other re- tired City employees. The matter was tabled until the Jan- uary 5, 1982 meeting. MR. JOLLY'S WELL Councilman Kelling brought up the matter of Mr. Jolly's well, as to whether or not the City was going to pay for the damage to Mr. Jolly's pump. There was a great deal of discussion regarding the matter after which Councilman Tomsic moved the City pay $178.00 to Mr. Jolly for the damage to his pump. Councilman Kelling seconded the motion. There were two votes in favor and two votes opposed. Mayor Jacobs broke the tie with an opposing vote. The motion was defeat- ed. LETTER OF RESIGNATION Mayor Jacobs read a letter of resignation from the _City FORM CITY ATTORNEY Attorney Coffman effective December 31, 1981. COFFMAN APPROVAL OF THE BILLS Councilman White made the motion the bills be paid as pre- sented in the amount of $40,117.53 plus $138.50 for gifts making the total of the bills $40,256.03. Councilman Tomsic seconded the motion which carried unanimously. MAYOR JACOBS LAST Several of the Council members expressed their pleasure COUNCIL MEETING of serving with Mayor Jacobs and the tow retiring Council Members, Kitty Kelling and Keith Peterson. Mayor Jacobs commented that he has served as Councilman or Mayor since 1968. He expressed his appreciation to the Council for their support and stated they could be proud of the accomp- lishments during their terms in office. Councilman Brewer moved the meeting be adjourned at 9:56 P. M. Councilman White seconded the motion. The meeting was adjourned by unanimous consent. 237 CITY COUNCIL January 5, 1982 A regular meeting of the Moab City Council was held in the REGULAR MEETING AND Council Chambers of the Grand County Courthouse on the above ATTENDANCE date. Attending were Mayor Stocks, Councilmen,,B,rewer, Hefner, Neal, Tomsic and White, Engineer Keogh, Secretary Rees, the Media, and approximately eight citizens. Mayor Stocks called the meeting to order at 8:02 P. M. and asked Councilman Neal to lead the group in the Pledge of Alleg- iance after which Councilman Hefner offered the invocation. Councilman White made an addition to the minutes of December APPROVAL OF THE MINUTES 15, 1981. On page two, under Visitor's Center, add the sentence "The City Attorney is to review the situation 0 and draft a letter to the Travel Council regarding the n'I City's participation in the upkeep." councilman Brewer moved the minutes be approved as amended. Councilman White 00 seconded the motion, which carried unanimously. Es7 Acting Chief Dan Ison save a report on Police Department REPORT ON POLICE activities for the month of December and the year of 1981. ACTIVITIES He told the group that adult arrests are up roughly 40% and ,juvenile arrests are down approximately 70%. The City lost approximately $153,000 in thefts and burgularies last year and the Department recovered approximately $65,000. A citizen suggested the meeting be moved to the Courtroom CITIZEN SUGGESTS in order to accomodate the exceptionally large crowd. Coun- MOVING MEETING cilman Brewer stated the meeting had to be held where ad- vertised. Chairs were moved in to allow more seating. Mr. Bob Exby, vice -President of Atlas Minerals, appeared before Council to read the press release regarding Atlas Mineral's closure of the alkaline uranium recovery circuit at the Moab Mill. The number of employees terminated will not be available until next week. Mr. Greg Harris and Mr. Gene Castle of Burrough's Corpora- tion appeared before Council to discuss training operators for the City's computer. Their recommendation to the Council was that two employees be sent to training schools. A basis operator's school will be held in Denver beginning on Jan- uary 25, 1982 and a utility billing school will be held in Grand Junction beginning February 1, 1982. The tuition cost of the Denver school is $725.00 and the Grand Junction school is $625.00. Councilman Brewer made the motion the City reserve two slots for each school. Councilman Hefner seconded the motion, which carried unanimously. The reserv- ations may be canceled up to three days before the school starts at no cost to the City. Councilman Neal made the motion to have one -hour parking in front of the Energy Building. Councilman Tomsic, called a point of order wherein Councilman neal is involved in this request. Councilman Neal withdrew his motion and Coun- cilman Tomsic made the motion. Councilman Hefner seconded the motion. Jim Englebright spoke to the Council regarding the inability to park at the businesses housed in the Energy Building. Councilman White mentioned the necessity for one -hour parking in front of° the Library also. At this point, the Mayor recommended the Chief look into the matter and the motion was withdrawn. Mayor Stocks asked the Council to consider hiring County Attorney Bill Benge on a fee basis to handle prosecutions for violations of City Ordinances. Councilman Tomsic ques- tioned whether the arrangement would constitute a conflict ATLAS PRESS RELEASE READ BURROUGH'S REPRESENT- ATIVES DISCUSS TRAINING OPERATORS REQUEST FOR ONE -HOUR PARKING IN FRONT OF THE ENERGY BUILDING DISCUSSION REGARDING CITY ATTORNEY 238 DISCUSSION REGARDING CITY ATTORNEY CONTINUED of interest. Mayor Stocks responded that there would be no conflict according to advise he has received. Councilman Brewer asked if the arrangement would be uermanent. Mayor Stocks indicated it would, for prosecution purposes only. After some discussion regarding the matter, Councilman Brewer expressed opposition to the proposal. Councilman Tomsic moved to table the matter until alternate suggestions could be considered. Councilman Brewer seconded the motion to table the matter. CITY AND COUNTY Mayor Stocks proposed the County Animal Control officer ANIMAL CONTROL OFFICESalso work for the City rather than hiring another City of - TO BE COMBINED facer. There was a great deal of discussion by the Council and several comments from citizens and County officals. Councilman brewer stated he felt the City should contract with the County in order to follow the law. Councilman Hefner made a motion to hire the County Officer on an hourly basis. The motion was seconded by Councilman Neal and with- drawn after a discussion regarding benefits. Councilman Brewer made the motion the City hire the County Animal Con- trol Officer on a contract basis with a time limit and salary to be set by the Council. Councilman White seconded the motion, which carried unanimously. Mayor Stocks recommended the City and County Building In- spection Departments be combined. There was discussion by members of the Council. Councilman Hefner made the motion the City and County Building Inspection offices be combined into one office with Councilman White seconding the motion which carried unanimously. BUILDING INSPECTION DEPARTMENTS TO BE COMBINED ADMINISTRATOR/ RECORDER POSITION BE_ FILLED Mayor Stocks proposed that he be hired as the Administrator - TO Mayor at a salary of $24,000 per year, and amenu Ordinance No. 5-78. Councilman Tomsic stated it would be foolish to make the change and the administrator/recorder arragnge- ment had been very smooth. She further stated the budget did not contain funds for seperate,administrator and recorder positions. After a great .deal of discussion, Councilman Tomsic made the motion the Council immediately advertise and fill the position of Administrator/Recorder. Councilman Brewer seconded the motion. There were several questions asked of the Mayor by citizens and the Council after which Councilman Tomsic called for the question. The motion was repeated and carried by a three to two vote. ADOPTION OF PROPOSED PERSONNEL -POLICY MANUAL CHANGES FORMER MAYOR JACOBS TO -CONTINUE CITY'S HEALTH INSURANCE MAYOR STOCKS QUESTIONED PROCEDURE APPROVAL OF THE Mayor Stocks brought the proposed personnel policy changes to the Council's attention. Councilman Tomsic explained a public hearing was neccessary to adopt the changes as the personnel manual was adopted by ordinance. The matter, was tabled until a public hearing could be held. en a matter that was continued from the Council meeting of December 15, 1981, Councilman Brewer moved former Mayor Jacobs be allowed to continue his City health insurance at the group rate at his own expense. Councilman Tomsic seconded the motion, which passed unanimously after a citizen questioned the legality of allowing Mr. Jacobs to continue on the City's policy. Mr. Lynn Day, a retired City employee, told the group he had been paying his insurance premium since his retirement. Mayor Stocks questioned whether Council had followed proper procedure in authorizing Police Chief Stiles to attend FBI academy. He stated he had found no written record of the_ authorization or permission for Stiles to use a City vehicle for transportation and charged Chief Stiles had been given an advancie•check in violation of personnel policy. Council- man Tomsic explained the advance check was not a salary advance and that the authorization had been made properly. Councilman White and Brewer and A. J. Coffman concurred. BILLS Councilman White moved the bills be paid in the amount of $170,846.77. Councilman Tomsic seconded the motion, which carried unanimously. 239- Councilman White moved the meeting be adjourned, Councilman ADJOURNMENT Neal seconded the motion. The meeting was adjourned at 10:35 P. M. by unannmous consent. ACCEPTEDi ,' ren L \Coursey eputy Recorder APPROVED:"' .�ye."‘W Thomas A. Stocks Mayor CITY COUNCIL January_19, 1982 A regular meeting of the Moab City Council was held on REGULAR MEETING the above date in the Council Chambers of the Grand County AND ATTENDANCE Courthouse. Attending were Mayor Stocks, Councilmen Brewer, Neal, Hefner, Tomsic and White. Also attending were Eng- ineer Keogh, 'Deputy Recorder Coursey, Secretary Rees, the Media and approximately fifty citizens. Mayor Stocks called the meeting to order at 7:58 P:M. Councilman Neal lead the gtoup in the Pledge of Allegiance and Councilman Brewer gave the Invocation. Secretary Rees called the roll. Councilman Tomsic made a correction to the minutes. On APPROVAL OF THE page one, the word personnel should be changed to personal- MINUTES ly. She also questioned a section on page two, under "Dis- cussion regarding City Attorney." Councilman Brewer made the motion the minutes be approved as corrected. The motion was seconded by Councilman Neal and passed unanimously. Mayor Stocks set aside a few minutes at the opening of BOB TANGREEN REQUEST the meeting for citizens to speak to the Council regarding matters that are not on the agenda. Mr. Bob Tangreen appear- ed to request an access road to his property adJacent to Arroya Road as both entrances have been closed. Ross Leech of the Street Department stated he would see that Mr. Tan - green had access to his property. Mr. Terry Warner appeared TERRY WARNER'S COST before the Council to present a cost comparison (as he COMPARISON understands it) between Mayor Stocks proposal that he be Mayor/Administrator and the current weak Mayor form of government. Mr. Warner indicated the annual increase to the -City, including benefits, would be $41,400. Captain/Acting Chief Ison gave the Council a report on ACTING CHIEF ISON'S Police Department activities including probationary evalua- REPORT t'ions of three employees, training for the City/County Animal Control Officer, a request for travel for Corporal Messick to attend a Juvenile Technology Seminar, printing of the Police Policies and Procedures Manual, and a study the department is conducting on parking controls in the downtown area. Ross Leech -of the Street and Utilities Department reported STREET DEPARTMENT two matters concerning that department, an employee evalua- REPORT tion and the disposal of two automobiles._ Mr._ Leech also recommended the water tank on Powerhouse Road be sandblasted and painted as it is rusting. 240 1981-1982 AUDIT ENGINEER KEOGH'S COMMENTS COMPLIMENTS TO THE POLICE DEPARTMENT UPDATING OF AND MANUALS COMPUTER FEASIBILITY FILTERS FOR THE SWIMMING POOL David Adkison, C.P.A. with the firm Claus and Adkison, re- ported on the annual examination for the period ending June 30, 1981. Mr. Adkison praised the City's operation and expen- diture controls and made several recomendations including updating a card file of the City's assets, collection of past -due receivables, technical changes in the handling of bank accounts and an ordinance controlling the transfer of monies to a capital projects fund. City Engineer Keogh mentioned several projects the department is working on including Arroyo Road, storm drain repair on First South and First East and First West and Center Street, a Quit Claim Deed for W. C. Jones, rerouting utility lines between the BLM and City Market, and a report on flood control and mentioned he had written Nielson, Maxwell and Wangsgard requesting design specifications for a new water tank. Councilman Hefner mentioned that he was assigned to work with Captain Ison in the Police Department and commended the department for the co-operative spirit and good feeling and further stated he feels anyone can approach the depart- ment because of their commendable openness. ORDINANCESCouncilman Tomsic mentioned she had approached a resident with three dogs and informed her of the proper procedure for a kennel. She also stated that Mayor Stocks had asked her to update the Personnel Manual and, as she worked, could only do this on weekends and would require secretarial help. She stated she had also been asked to bring the ordinances up-to-date. She declined to do this, stating she felt it was the duty of the Administrator/Recorder. Councilman White reported to Council as the Mayor had asked on the cost feasibility of retaining the computer and further stated he felt the City should keep the computer and train additional personnel to operate the computer as it was an asset to the City. Councilman Brewer stated the Mayor had asked him to check on the swimming pool operation. He went on to say that if the City intended to have the new pool ready for the next swim season, it should be half built by now and recommended the City go ahead and install the three new filters so the pool could be operable this year. He further recommended the City request bids for the three filters. CONDITION OF THE PARKSCouncilman Neal was asked to report on the City Parks. He stated there are three trees in the new park that need to come out and recommended they be cut off and used as benches. He reported the old City Park was in good shape and recom- mended the weeds at the end of the pond be leveled off to extend the park and a sprinkler system be installed and the area planted. STATUTORY APPOINTMETNSMayor Stocks stated he was not prepared to make his statutory TO BE MADE 2/1/82 appointments at ,tonight's meeting but would have them by the first Monday in February. ADMINISTRATOR/RECORDERCouncilman Hefner made the motion to reconsider and ammend POSITION DISCUSSED Ordinance 5-78 to allow the Mayor to be Administrator. Coun- cilman Neal seconded the motion. There was a great deal of discussion amoung Council members. Councilman Brewer and Tomsic both stated they felt no need for the motion as Council had already addressed the matter. Councilman Hefner stated his motion addressed only the ordinance. The motion was defeated, Councilman Brewer, Tomsic and White voting against amending the ordinance and Councilmen Hefner and Neal voting for. Councilman Tomsic moved the Council meet Friday, January 29, 1982 at the Conference Room in City Hall at 8:00 P.M. to review applications and resumes for Administrator/Recorder. Councilman White seconded the motion, which carried unanimously. 2LiL Mayor Stocks asked the Council to approve his appointment of Ross Leech as Utilities and Streets Superintendent. Councilman Tomsic noted that, according to the City Person- nel Policy and Procedures Manual, the position should be announced and posted in all City departments for three days to allow other employees to apply. Councilman Hefner moved the City Quit Claim to Wallace C. (Curley) Jones a portion of land which borders the Arroyo Road easement after review by Engineer Keogh and an attor- ney. Councilman Neal seconded the motion, which carried unanimously. Mayor Stocks brought the Council's attention to an upcoming vacancy on the Board of Adjustments and submitted the name of Robert Schultz for consideration. Councilman Brewer submitted the name of Jim Englebright. The Council decided to discuss the matter in Executive Session. Councilmembers had a great deal of discussion regarding the training of employees at the Burrough's Computer schools afterwhich Councilman White moved that the City send two people to the operator's school in Denver, one to the util- ity billing school in Grand Junction and one person to the payroll schoolin Dallas, the employees to be decided later. Councilman Brewer seconded the motion which was carried by a majority vote of four to one, Councilman Hefner voting against. Councilman White added he still recommends the employees desirous of attending the computer schools be given aptitude tests by the Job Service Office. Councilman Hefner made the motion the Council approve the printing of the Police Manual at the bid price of $405.37 after the Councilmembers review the Manual. Councilman Neal seconded the motion which carried unanimously. Hugh and Ruth Brown of Palisade, Colorado submitted a re- quest that their water deposit be waived. After considering the matter, Councilman Tomsic moved to deny the request. Councilman Brewer seconded the motion which passed un- animously. At this point Councilman Hefner left the meeting, his busi- ness having called him away. Councilman Tomsic made the motion to send Officer Clark Messick to the Junvenile Technology Seminar in Colorado Springs, Colorado March 1-5, 1982 and that he be allowed a City vehicle and credit card. Councilman Brewer seconded the motion, which carried unanimously. Councilman Brewer made the motion the consulting engineers, Neilson, Maxwell and Wangsgard, make a study and submit their specifications for a new boiler at the sewer plant. Councilman Tomsic seconded the motion, which carried unani- mously. Councilman Tomsic moved the Council follow the recommenda- tions of heads of departments and approve the permanent status and step increases for Clark Messick, Police Officer II to a Grade 16, Step 2; Robert Keating, Police Officer I, to Grade 14, Step 2; Roxie Mallon, Police -Secretary, to Grade 7, Step 2 and Holly R. Walden, City Service Worker, to Grade 10, Step 2. Councilman Brewer seconded, the motion passed unanimously. The City had two Ford vehicles advertised for disposal, a 1975 Torino (Unit #67) and a 1976 Torino (Unit #57). Councilman Brewer moved we allow Harold Flaugh to purchase Unit #67 for the bid price of $200.00 and C and R Auto to purchase Unite #57 for $150.00, as those were the only bids received. Councilman Tomsic seconded the motion which carried unanimously. SUPERVISOR POSITION TO BE POSTED QUIT CLAIM DEED TO CURLEY JONES VACANCY ON BOARD OF ADJUSTMENTS COMPUTER SCHOOLING DISCUSSED POLICE MANUAL TO BE PRINTED REQUEST TO WAIVE WATER DEPOSIT DENIED COUNCILMAN HEFNER LEFT MEETING OFFICER MESSICK TO ATTEND SEMINAR CONSULTING ENGINEERS TO MAKE STUDY ON SEWER PLANT BOILER EMPLOYEE MERIT INCREASES APPROVED TWO FORD TORINOS SOLD AT BID PRICE 2 12 ORDINANCE 1-82 ADOPTED SCHOOLING FOR ANIMAL CONTROL OFFICER Mayor Stocks presented Ordinance 1-82 to correct Ordinance No. 6-81 according to the Auditor's recommendation. Council- man Tomsic moved Ordinance 1-82 be adopted by Council in reference to City funds. Councilman Neal seconded the motion, which carried unanimously. There was a great deal of discussion regarding sending the City/County Animal Control Officer, Carolyn Noyes, to a training session conductef by the Humane Society in Salt Lake City and a concurrent seminar by the Utah Association of Animal control Officers. Councilman Tomsic questioned the request, as the Council had authorized the City to con- tract for animal control services from the County Officer whose salary is split between the City and the County. It was generally concurred the training should be left to the County as it should be the County's obligation. PALISADE SUBDIVISION Mr. Pete Byrd appeared before Council to request the City SEWER LIFT STATION have a meter installed and pay the power expense to the sewer lift station recently completed in Palisade Subdivi- sion. As the City will own, operate and maintain the lift in accordance with health regulations, Utah Power and Light will not make the installation of power until they have assurance the City will be responsible. Councilman White moved the City accept responsibility of the power bill but not endorse or accept the lift station until one year of satisfactory service has been completed. Councilman Neal seconded, the motion carried by a majority vote of three to one, Councilman Tomsic opposed and Councilman Hefner absent. DELBERT OLIVER BILL There was some question by Councilman Tomsic regarding the DISCUSSED bill from Delbert Oliver for water used by the City on May 21 and 22, 1981. Councilman Tomsic felt the matter had already been acted on and requested the minutes be checked regarding the matter. The request was tabled until the records can be checked. APPROVAL OF THE BILLS ADJOURNMENT Councilman White moved the bills be paid in the amount of $21,487.00 excluding bill #31 from Pete Byrd in the amount of $6,615.31 to reimburse him for the lift station. Council- man Brewer seconded the motion which passed unanimously by the members present. Councilman Brewer made the motion to adjourn, Councilman Neal seconded the motion. The meeting was adjourned by unanimous consent. ACCEPTED: Coursey eputy Recorder APPROVED: s6eZ;4 omas A. Stocks Mayor 243 CITY COUNCIL SPEGIL MEETING JANUARY 29, 1982 A Special Meeting of the Moab City Council was held on the above date in the Conference Roon of Moab City Hall. Atteridaggc-, were Mayor Tom Stocks, Councilmen Brewer, White, Hefner, Tomsic and Neal, Ken Curtis of the Job Service Office and Rand Taylor, representing the News Media. Mr. Curtis reviewed each of the thirty resumes received and made his recommendations consisting of nine individuals. The Council discussed the nine applications Mr. Curtis had recommended. Mayor -Stocks discussed the various job qualifications for Administrator/Recorder, afferwhich _ the (Cmunrdll ddeei'ded r_to t anteTva.ewtitlmlitisGr of nine appli— cants. Interviews are to be held Monday, February 8, 1982 starting at 10:00 A. M. The mayor, Sharren and Ken Curtis C7 are to arrange calling and assigning appointment times. Q There is a possibility that Friday, February 12, 1982 may rl be used for those who are unable to make it on Monday. U WThe Mayor stated his feelings regarding the Administrator/ Recorder position and the extra City employees currently available to help out. The meeting was adjourned at 10:17 P. M. on a motion by Councilman White. List of Applicants to be interviewed: David Temple, William Mayer, Mark Hollowaty, Roger Burns, Randy Rogers, Ellis Cook, Harry Stout, Wally Corbin and David Jorgenson. APPROVED: Thomas A. Stocks Mayor ACCEPTED: en L. ursey Deuty Recorder CITY COUNCIL SPECIAL MEETING AND ATTENDANCE ADMINISTRATOR/RECORDER APPILICATIONS REVIEWED ADJOURNMENT February 2, 1982 A Regular Meeting of the Moab City Council was Regular Meeting called to order at 8:00 P.M. in the Council Cham- and Attendance bers of the Grand County Courthouse on the above date. Attending were Mayor Stocks, Councilmen Brewer, Neal, Hefner, Tonsic and White. Also att- ending were City Engineer Keogh, Deputy Recorder Coursey, Al Anderson of the engineering firm Nielson, Maxwell and Wangsgard (now James M. Mont- gomery), Secretary Rees, the media and approxi- mately 200 citizens. Councilman Neal lead the assemblage in the Pledge of Allegiance afterwhich Councilman White gave the Invocation and Secretary Rees called the roll. 244 Approval of the Minutes Meeting moved to Star Hall Street Depart- ment Report Al Anderson to evaluate Water System Animal Control Contract Parking Problems Mayor's Personnel Policy Manual updated and returned Mayor Stocks' Statutory Appointments Councilman Tomsic had one addition to the minutes of January 19, 1982. On Page Three, last paragraph the name of the Councilman making the motion had been omitted. Councilman Tomsic asked that BREWER be inserted therein. Councilman Brewer moved the minutes be accepted as corrected. Councilman White seconded the motion which was carried unanimously. Councilman Hefner made the motion the meeting be moved to Star Hall to accommodate the large crowd. Councilman Neal seconded the motion, which carried unanimously. Mayor Stocks adjourned the meeting to reconvene in Star Hall. The meeting was re- convened at 8:15 P.M. Ross Leech of the Street Department reported to Council on several matters including requests to purchase a roller, sprinkler heads and a chain saw. He also stated he had compiled a list of items needed to extend the sprinkler system at the Old City Park. City Engineer Keogh reported that members of the Utah Department of Transportation were in town to brief on finances available for roads. He also mentioned the need for a member on the UDOT board. Mr. Al Anderson stated he had reviewed the exist- ing sewer treatment facility and recommended he look into reconstructing part of the boiler rather than replacing. He also recommended updating of the contract the City has with Spanish Valley Water and Sewer Improvement District, eor'ecially critical are service charges, amounts contributed by the District for expansion and future expan- sions. Mr. Anderson also suggested he review and evaluate the water system. Councilman Hefner made the motion to allow Mr. Anderson to evaluate the water system and Spanish Valley Water and Conser- vancy District contract. Councilman Neal seconded the motion, which carried unanimously. There was discussion regarding adding another tank for water storage, the pump at Skagel Springs, and the poss- ibility of usitg diatomaceous earth filters for the swimming pool as they are less costly. Councilman Brewer reported to Council on the con- tract being drawn up for the City/County Animal Control Officer. The contract should be completed and ready for Council approval at the next meet- ing. Councilman Hefner reported to the Council he had received phone calls regarding trucks parking in a couple places on Main Street and had referred them to Captain zson. He also mentioned the new garbage containers at the City Park. Councilman Tomsic reported to the Mayor she had updated his copy of the Personnel Policy Manual and returned the manual to him at tonight's meet- ing. Mayor Stocks stated he had filled the statutory appointments as required. He presented the follow- ing names for appointment: Administrator/Recorder: Sheldon Hefner; City Treasurer: Barbara J. McLeod; Chief of Police: Daniel K. Ison; City Attorney: Paul W. Mortensen; Director of Public Works: Ross Leech; City Engineer: John Keogh; Administrative Assistant: Frank Kelley. Councilman Tomsic called for a point of order and made the following state- ment: 245 urn 1978 Moab City adopted Ordinance #5-78 and Councilman Marjorie since that time has operated under the management Tomsic's statement form of government weak Mayor, strong Council concept. Under this Ordinance, the administrative authority of the Mayor was transferred to the professional administrator filling that position. I refer you to Section 4 of this Ordinance which states "The Administrator/Recorder shall have and exercise all powers which are now or may here- after be conferred by law upon the City of Moab in respect to employment and removal of employees. The Administrator/Recorder shall hire and dis- charge all employees in the manner set forth in the Personnel Policies and Procedure Manual." Section 5 A, B, and C of this Ordinance state that the Administrator/Recorder shall have the authority to fill all appointed offices of the City and to remove persons occupying said office except the following: Treasurer, Director of Pub- lic Works, Police Chief, City Attorney and Munic- ipal Court employees in the following manner: The Administrator/Recorder shall report to the CD Mayor his intent to make such appointments or removals prior to taking any action. The Adminis- trator/Recorder shall make these recommendations W prior to taking any action thereon at a regular or special meeting of the Council and can only proceed by a majority vote of the Council. It should be noted that in any case the Mayor can only fill these positions and statutory offices with the express consent of the Council after obtaining their advise and then only if a vacancy occurs. It should be further noted that discharge can be had for these officials who are permanent employees only for cause and the cause must be substainable through the appeal procedure provided for in the Personnel Manual. An additional word of caution should be added. Discharge for reasons of personal anamosity or for political retaliation is forbidden by both the Utah Code, Section 10-3- 1106 and by the Personnel Policies and Procedures Manual. Bearing this in mind, Mayor, we, this Council, Cannot honor your statutory appointments. The positions are already filled with confident and well -qualified people. The position of City Administrator/Recorder is not an appointment you can make either. I refer you to Section 16B, in which it states this position shall be appointed by the Mayor and the City Council and shall serve at the pleasure of the City Council subject to removal by it at any time without cause by a maj- ority vote thereof. Therefore, Mayor, we cannot honor your appointment of Councilman Sheldon Hefner to this position. We have already advertised this position, screened thirty applicants, and are scheduling personal interviews for nine applicants, starting next Monday. We can however, act upon your letter Co Police Chief Lester Stiles dated 2/1/82 relieving him of his position as Police Chief of Moab City Corp- oration. Once again, I refer you to Section 5 of Ordinance No. 5-78. You, Mayor, by this action have violated this ordinance and your action be- comes null and void. There is more here than an illegal action --There is also a moral issue at stake. You have placed a dedicated, well -qualified City employee in an 246 Councilman untenable position. He is attending the F.B.I. Tomsic's Academy by permission of the previous Council and Statement is placed in the embarrasing position of withdraw - (Continued) ing if this action is allowed to stand. What you seem to forget, Mayor, is this man brought honor to our City. The F.B.I. is very selective in their choice of candidates --this is the first time this honor has been bestowed on our City, or Grand County for that matter. I find it very difficult to understand why you would even consider terminating such an outstand- ing employee who, in the short time he has been here, has organized our police force, recruited trained, qualified police officers, set up a comp- rehensive filing system required by law, written policies and procedures governing his department, and another myriad of accomplishments too numerous to mention. By doing so, Mayor, you place your- self, the Council Members, and our City in a very vulnerable position for a civil rights suit. At this time I request this position be made part of our minutes and wish to yield the floor to Councilman Keith Brewer." Resolution Councilman Brewer read Resolution No. 1-82 and 1-82 made the motion the resolution be adopted. The Passed motion was seconded by Councilman White. Mayor Stocks made several comments and Councilman Brewer rose to a question of privilege. Mayor '`ocks re- fused and Councilman Tomsic appealed the ruling of the chair. Councilan White seconded and the motion carried by a majority vote of three to two. There was more discussion and comments from the Mayor and Councilmen. Councilman Hefner made a motion to amend the Resolution to delete items 4, 5, and 6. Councilman Neal seconded the motion. Councilman Brewer stated his opposition to amend- ing the Resolution. The motion was defeated by a majority vote of three to two. The Mayor called for the vote on Resolution No. 1-82. A roll -call vote was recorded, the Resolution was adopted by a majority vote of three to two, Councilmen Hefner and Neal voting no. RESOLUTION 1-82 At the regular meeting of the Moab City Coun- cil held on the 2nd day of February, A. D. 1982 at 8:00 P.M. o'clock at the Courthouse in the Cou- ncil Chambers, the following resolution was duly made, seconded, and passed by a vote of a majority of the quorum then present: BE IT RESOLVED: 1. That Lester W. Stiles is, and continues to be without interruption of service, Chief of Po- lice of the City of Moab in the pay, grade which he held as of January 1, 1982. 2. That the act of the Mayor of the City of Moab attempting to discharge Lester W. Stiles as Chief of Police is hereby recinded and declared to be null and void. 3. That Lester W. Stiles is authorized, and has been formerly authorized, to attend the Nat- ional Academy of the Federal Buerau of Investiga- tion in Quantico, Virginia, and is validly on leave from the City, with pay, for the purpose of attending that Acedemy through the completion of its current academic program on or about March 241 26, 1982; that Lester W. Stiles properly has in his possession Moab City vehicle Unit No. 49 (a white 1982 Ford 4-door LTD), bearing Serial No. 2FABP31G9BB145045, Utah License No. EX37238, and that he is authorized to use said vehicle for transportation to, during and from said Academy; that he further has in his possession one Chevron Credit Card issued to the City of Moab bearing No. 792-832-575-6, expiration date December of 1982, and that he is and was authorized to use said credit card for transportation as aforesaid; that Lester W. Stiles was further authorized an advance for travel, meals and lodging. 4. That Daniel K. Ison, Police Captain, is and has been authorized to serve as Acting Chief of Police during the acedemic leave of Lester W. Stiles. 5. That persuant to the Policies and Prced- ures Manual, and the Ordinance establishing an 09 Administrator/Recorder, the Duputy Recorder, Karen O L. Coursey, is directed to perform the duties of Recorder, as provided in her job description until the appointment of a successor by the gov- C17 erning body to fill the vacancy which occured through the resignation of Ralph Y. McClure. 6. That any attempt by the Mayor to fill the vacancy of Administrator/Recorder, without the approval of the governing body, is declared to be void, and any and all acts performed by a person pretending to that role are declared to be void, and not to be acts binding the City of Moab. DONE IN COUNCIL this 2nd day of February, A. D. 1982. The vote on this Resolution is as follows: Aye Votes: Nay Votes: ATTEST: a en L. ours y D puty Recorder /s/ David J. White /s/ Marjorie R. Tomsic /s/ Keith H. Brewer /s/ Sheldon L. Hefner /s/ Edward T. Neal Resolution 1-82 continued Councilman Hefner moved the Council confirm the Confirmation of statutory appointments of Ross Leech as Utility Ross Leech and Supervisor and Paul W. Mortensen as City Attorney. Paul Mortensen Councilman Neal seconded the motion. There was some discussion amoung the Council afterwhich the motion was carried unanimously. Councilman Tomsic moved the Council take a ten Recess Requested minute recess. Councilman Hefner seconded the motion, which ear-ried by unanimous consent. Councilman White made the motion to send Karen Burrough's School Coursey to Burrough's Computer Payroll School approved for Karen in Dallas. Councilman Tomsic seconded, carried Coursey unanimously. 248 Palisade Sewer Lift Matter tabled to 3/2/82 Robert A. Schultz appointed to Board of Adjustments Schools to use Pool Public Hearing for Cable TV Increase set Fire Chief Blacks Comments Permission to use Air Space for Sign granted Approval of the Bills Mayor to serve on UDOT board Adjournment Councilman Tomsic moved the matter of the Palisade Lift Station be tabled for two weeks until the next meeting. Councilman Neal seconded the motion. The City Attorney will meet with Mr. Byrd's repre- sentative, Attorney A. J. Coffman. Councilman Tomsic moved to accept the appointment by Mayor Tom Stocks of Robert Schultz to the Board of Adjustments. Councilman White seconded the mo- tion, which carried unanimously. Councilman Brewer made the motion that the schools be allowed to use the Aiming pool May 3 through May 24, 1982. Councilman White seconded the motion which carried unanimously. Mr. Jim Corwin appeared before Council to request an additional outlet charge of $1.25 per month for new customers. Councilman Brewer pointed out the matter has to be heard at a public hearing. Councilman White moved to hold the public hearing at the regularly scheduled Council meeting on March 2, 1982. Councilman Neal seconded the motion which passed unanimously. Fire Chief Troy Black appeared before Council to discuss several matters pertaining to his depart- ment. Mr. Black suggested that all fire hydrants be flushed at least once a year, that City Ordin- ances be altered to allow a flat rate to be charg- ed for building sprinkler systems and recommended sprinkler systems be required in all buildings above four stories. Chief Black also stated he would like the City to include funds for the pur- chase of a new mini -pumper truck in the 1982-1983 budget. Attorney A. J. Coffman appeared before Council in behalf of Wayne Cartwright to request permis- sion to erect a business sign on Center Street that would encroach air space. Councilman Tomsic moved :to grant permission. Councilman White se- conded the motion, which carried unanimously. Councilman White moved the bills be paid as pre- sented except the Burrough's bill in the amount of $5,343.60 and the Waterworks Equipment Company bill presented by Pete Bryd in connection with the sewer lift station and adding payment to Bobby Hawks for garbage service in the amount $18,395.20. Councilman Tomsic seconded the motion, which was carried unanimously. Councilman Tomsic moved to allow Mayor Stocks to represent the City of Moab on the Utah Department of Transportation Board. Councilman Brewer second- ed the motion, which carried unanimously. As there was no further business to come before this session of the City Council, Councilman Tomsic moved for adjournment. Councilman Neal seconded the motion, which carried by unanimous consent. The meeting was adjourned at 11:05 P.M. ATTEST: ren `L. Coursey, eputy Recorder APPROVED: Q Thomas A. Stocks, Mayor 249 M O .-1 G.2 W CITY COUNCIL February 16, 1982 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Mayor Stocks, Councilmen Brewer, Neal, Hefner,and White. Councilman Tomsic was absent due to illness. Also attending were Engineer Keogh, Building Inspector Kelley, Acting Chief/Captain Ison, Utilities Sup- ervisor Leech, Secretary Rees, the media and 26 citizens. Councilman Neal lead the Pledge of Al- legiance and Councilman Hefner offered the Invoc- ation. Mayor Stocks called the meeting to order at 8:00 P.M. Councilman White made the motion to accept the minutes of the Special Meeting of January 29, 1982 as presented. Councilman Brewer seconded the motion, which was carried unanimously. Councilman Brewer moved to accept the minutes of the February 2, 1982 meeting as presented. Councilman White seconded, the motion was carried unanimously. Captain/Acting Chief Ison had several items to pre- Police sent to Council. He stated the Parking Survey Report and Traffic Control Devise Survey has been comple- ted and is ready to go to public hearing. Captain Ison also reported he had met with Sheriff Nyland and Dr. Don Hoffman regarding animal control. Sheriff Nyland expressed to Captain Ison he would like to wait until Chief Stiles returns to final- ize the contract. Captain Ison also mentioned the monthly report from the Police Department, requested premission to attend a convention of the Utah Chiefs of Police, presented a recommend- ation for approval of a beer license, and request- ed authorization to formulate a testing program to fill a vacancy for detective sergeant by pro- motion and fill a vacancy for patrolman. Captain Ison also presented a request by City Market to allow off -duty police officers to work as security personnel. Ross Leech, Superintendent of Utilities, had sev- eral items to discuss with the Council, including the rebuilding of the Massey -Ferguson tractor motor, the purchase of a new roller and the pur- chase of 1,000 yards of gravel. City Engineer Keogh invited the Mayor and members of Council to take a look at the proposal for finishing Arroyo Road. He stated the road depart- ment would like to dump some fill dirt and he would like to know where to dump it. He also men- tioned a land acquisition and a possible joint venture on flood control with the Corps of Engin- eers. Mayor Stocks reported to Council the Corps of Engineers would like to meet with the Council to discuss flood control. He also mentioned having an employee attend the Shade Tree Workshop in Logan. Mayor Stocks reported that Horace Beeman had offered to sell a water well to the City, capable of producing 900 gallons per minute. He asked the Council to consider obtaining the well for possible future needs. Regular meeting and attendance Approval of the Minutes Department Street Department Report Engineer Keogh's comments Mayor's Report (Corps of Engineers & Shade Tree Workshop) 250 Due to illness, Mr. Pete Byrd could not attend Palisade Lift tonight's meeting. A. J. Coffman, Attorney for Station Problem Mr. Byrd, recommended the matter be tabled to tabled to the March 2, 1982 meeting. 3/2/82 Mr. Kay Young appeared before Council to request City water lines extended to include his property Request by so he would only pay a single rate and have fire Kay Young for protection. He stated Ray Klepzig, Bobby Hawks City Water and Lloyd Thayne would also be interested in hav- ing a larger water line in that area. Engineer Keogh stated it would be a fairly expensive pro- ject and also mentioned Mr. Young is the only resident in City limits; however, he feels it is a good idea as the installation of pipe and fire hydrants a distance of 2,500 feet will allow for future connections. Mr. Young stated all con- cerned would furnish a -right of way to the City and provide what help, equipment and materials they could. It was generally agreed by members of Council that a plan showing where the water line should go, the cost to the City and the rights of way should be drawn up in order to judge the cost before a decisior.� could be made. The City Engineer and Utilities Superintendent agreed to work with Mr. Young on the matter. The Council also agreed Mr. Leech could read Mr. Young's meter and bill him seperately at the single water rate. Councilman Brewer made the motion Acting Chief Ison to attend Ison be allowed to attend the Utah Police Chiefs' Chiefs Association in St. George, Utah on March 11th Conference and 12th and he be authorized to take a City ve- hicle and credit card, advance travel expense of $80.00 and seminar fee of $30.00. Councilman Neal seconded the motion, which carried unanimous- ly. Captain Ison recommended approval of a Class I Approval of beer license in the name of Jeffery Davis.Council- Beer License man Hefner made the motion to approve the issuance for Hacienda of the license. Councilman Brewer seconded the motion, which passed unanimously. Councilman Brewer moved to authorize Mayor Stocks Access Road for to sign the access road lease for the Police Pis- Pistol Range tol Range. Councilman White seconded the motion, signed which carried unanimously. After a great deal of discussion by Council and Request to promote Captain Ison regarding a vacancy created by the to fill vacancy in resignation of Sergeant Warren Rahn, Councilman Police Department Brewer made the motion to fill a vacancy in the tabled Police Department. There was further discussion afterwhich Councilman Brewer stated he would hold his motion until the next meeting. The Council asked City Attorney to examine a re- City Market quest by City Market to allow off -duty police request tabled officers to work as security personnel to deter- mine possible liability for the City. Attorney Mortensen will report his findings to Council at the next meeting. There was also some discus- sion regarding the Police Department Policy and Procedures Manual. Councilman White moved to hold a public hearing Public Hearing on the parking survey and traffic control on March on Traffic 16, 1982. Councilman Brewer seconded the motion Survey which carried unanimously. 251 Councilman Hefner made the motion the City adver- Roller to go to tise for the purchase of a roller for the street Bid department and go ahead with the overhauling of the tractor, which will come out of the mainten- ance budget. Councilman White seconded the motion, whichOssed unanimously by the members present. Councilman White moved to authorize $4,250.00 City to purchase to purchase 1,000 yards of gravel; 350 yards to Gravel be used for Arroyo Road. Councilman Neal seconded the motion. The City will not pay for the rocks, as the County will provide them, but the City will pay for the crushing. The motion carried by unanimous vote. The Council agreed to meet with Engineer Keogh on Thursday at 7:00 to review the plans for Arroyo Road. Meeting set for Council to go over Arroyo Road The Council also agreed to meet with Mr. McQuivey of the Corps of Engineers to discuss flood control Meeting set with Corps 00 00 at 1:00 P.M. on Monday, February 22, 1982. of Engineers C) Mayor Stocks brought up the difference between DO the City's holidays and the County's and asked Holidays discussed GO the Council to review the holidays and discuss the matter at a later meeting. Mr. Burke Taylor appeared before Council to offer approximately $9,000 worth of water works equip- ment for sale to the City. The parts have been stockpiled for about three years. He offered to sell them to the City at contractor's prices. After some discussion, Councilman Brewer suggested Mr. Leech go over the list, mark items he uses frequently, then have Mr. Taylor bring a discount- ed price to the Council. The Council had several matters to discuss in Council to go into Executive Session, including two personnel matters Executive Session and an item from the Police Department. Councilman White made the motion the bills be Approval of the paid in the amount of $34,809.41 less the Bur- Bills rough's bill in the amount of $5,060.36 and Water- works Equipment Company in the amount of $6,615.32 leaving a total of $23,133.74. Councilman Hefner seconded the motion, which carried unanimously. Councilman Brewer made a motion to recess to Exec- Adjourn to Executive utive Session to discuss personnel matters. Coun- Session cilman Neal seconded the motion, which carried unanimously. The meeting was adjourned at 9:50 P.M. EXECUTIVE SESSION Burke Taylor approaches Council to sell equipment Mayor Stocks called thee Executive Session to Executive Meeting order at 9:54 P.M. The Council discussed the.pro- called to order posed billing procedures and time -required for the job of City Attorney. Mr. Mortensen's proposal dated February 16, 1982 was further discussed. The proposed policy manual written by the Police Department was briefly discussed with Acting Chief Ison as well as off -duty police officers working in security positions. The Police Department staff and replacement requirements were discussed at length. Mayor Stocks recommended a probationary increase for Sharren Rees due to longetivity and satisfac- tory job performance. Police Manual discussed Step increases discussed 2? Utility Super- visor's salary discussed Policies update needed Drug Enforcement Adjourn Executive Session Regular Session reconvened Sharren Rees granted Step Increase ss Leech raised to Grade 20, Step 4 Adjournment Special Meeting to hire Admin- istrator Mayor Stocks discussed setting a salary for Ross Leech as Utilities Department Supervisor to a Grade 20, Step 4 as well as the matter of adequate com- pensation for Mr. Leech, since his overtime will be lost in an exempt position. Councilman White stressed the need for policies addressing compensation or comp time off for City employees and overtime pay for Department Heads. Acting Chief Ison discussed drug enforcement ex- penditures and documentation of payments to in- formers. Councilman White made the motion to adjourn to regular session. The motion was seconded by Cou- ncilman Neal. The meeting was adjourned at 11:18 P.M. The Regular Session was convened at 11:18 P.M. Councilman Hefner made the motion to accept Paul Mortensen as City Attorney in accordance with his memo dated February 16, 1982. A conversion to City insurance as proposed in the memo was discussed and approved. Mr. Mortensen was not to be required to attend meetings. Councilman Brewer seconded the motion, which carried unanimously. Councilman White made the motion to raise Sharren Rees to Grade 10, Step 2. Seconded by Councilman Neal, the motion carried unanimously. Councilman White made the motion to raise Ross Leech to Grade 20, Step 4 retroactive to January 1, 1982. Seconded by Councilman Neal, the motion carried unanimously. The financial statements just issued by Claus and Adkison were discussed by Mayor Stocks. The Street Department budget was also discussed. Councilman Neal made the motion to adjourn the meeting at 11;46 P.M., seconded by Councilman Brewer. The meeting was adjourned by unanimous consent. ATTEST: APPROVED: Thomas A. Stocks,Mayor ep y 'Recorder SPECIAL MEETING Feburary 24, 1982 A Special Meeting of the Moab City Council was called by Councilmen Tomsic and Brewer for the purpose of selecting an Administrator/Recorder. The meeting was held in the Conference Room of City Hall. Attending were Councilmen Brewer, Neal Hefner, Tomsic and White. Also attending were Ken Curtis of the Job Service, Building Inspector Kel- �^/' �j✓[e,.<. -./ 253 ley, Secretary Rees, Ken Erbes of KURA, Les Erbes Attendance continued of local TV and six citizens. Mayor Stocks called the meeting to order at 8:00 P.M. and the invoca- tion was given by Councilman Neal. Mayor Stocks handed to each Council member photo- Mayor appoints dark copies of page three of the Personnel Manual, Hollowaty to page two of Ordinance 5-78 (section5) and Section Administrator/Recorder 10-3-1217 of the Utah Code Annotated and read position portions of each. Mayor Stocks then presented copies of a letter Wherein he appointed Mr. Mark Hollowaty to the position of Administrator. Councilman Tomsic made the motion the Council Council accepts and hire Mr. Hollowaty to the position of Administra- approves Hollowaty for/Recorder at a salary of $24,000 per year. The motion was seconded by Councilman Brewer. There was some discussion regarding the salary being set by resolution. A roll -call Vcty was recorded; Councilman Brewer, Tomsic, Neal and White voting "aye" and Councilman Hefner voting "no". The motion was carried by a majority vote. G Councilman Tomsic suggested Mr. Hollowaty be call- ed at that time. Mayor Stocks called Mr. Hollowaty GO who accepted the position and stated he would W be at the next regularly scheduled Council meeting of March 2, 1982 and would start work the follow- ing day, March 3, 1982. Councilman Tomsic made the motion that a letter Letter of commendation be written to Ken Curtis at the Job Service thank- to be sent to Ken ing him for his excellent help in reviewing thirty Lurtis of Job Service applications, eliminating down to six and doing background check. The letter is to be placed in his permanent personnel file and a fetter is to be written to his supervisor. The motion was se- conded by Councilman Hefner and carried unanimous- ly. As there was no further business to come before Adjournment the Council, Councilman Brewer moved the meeting be adjourned. Councilman Neal seconded the motion, which carried unanimously. The meeting was ad- journed at 8:25 P.M. ATTEST: U ar n L. Cloursey, ueputCRIMFF APPROVED: 47 Thomas A. Stocks, Maya- 254 REGULAR MEETING & ATTENDANCE CITY COUNCIL March 2,1982 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Court- house on the above date. Attending were Councilmen Brewer, Neal, and,Tomsic. Councilman Hefner arrived at 9:00 P.M. Councilman White was out of town. Also attending were Mayor Stocks, Engineer Keogh, Attorney Mortensen, Deputy Recorder Coursey, newly -hired Administrator Hollowaty, Acting Chief Ison, Utility Supervisor Leech, Secretary Rees, the Media and 24 citizens. Mayor Stocks called the meeting to order at 8:00 P.M. Councilman Neal lead the Pledge of Allegiance and Councilman Brewer gave the Invoca- tion. APPROVAL OF THE As there were no corrections to the minutes of the MINUTES February 16, 1982 meeting, Councilman Brewer made the motion the minutes be approved as presented. Councilman Neal seconded the motion. The motion was carried by unanimous vote of the three members present. Mayor Stocks declared the minutes of the meeting of February 23, 1982 out -of -order as there was no written order calling the meeting. Councilman Brewer made the motion the -4 nutes of the Special Meeting of February 24, 1982 be approved as presented. The motion was seconded by Councilman Tomsic and carried unanimously. PARKING PROBLEM Mr. William Ball, 75 South Second East, appeared ACROSS FROM BALL before Council regarding a parking problem. Mr. PARK Ball has two driveways to his home and stated he has difficulty getting to them. Mayor Stocks suggest- ed painting the driveway curb cuts red. Captain/Act- ing Chief Ison mentioned the traffic survey recently conducted recommended angle parking on Mr. Ball's street. RECREATION PROGRAM SENIOR CITIZEN BUILDING FUND ENGINEER COMMENTS Ross Leech, Utilities Supervisor, requested to adver- tise for a Mechanic for his department. Councilman Neal reported he attended a Recreation meeting on Thursday, February 25, 1982. He reported the Ski Program had a surplus of $63.00 after paying expenses and salary; a 9% increase was given the director, Glen Richeson; Kim Robertson was hired as an assistant. Councilman Neal mentioned he would also attend another meeting Friday, March 5, 1982. Councilman Tomsic reported the City had budgeted $4,000 for the Building Fund for the Senior Citizens and made the motion the money be transferred from the General Fund Budget (#10-480-01) to the Contribu- tions to Other Funds Budget (#10-460-60) and make a check payable to the Senior Citizens Building Fund. Councilman Brewer seconded the motion which carried unanimously. KEOGH'S Engineer Keogh reported he had prepared a map of the proposed water line on Kane Creel: Boulevard west of Fifth West and had approximate prices on the cost of running the water line. He further stated he would talk to the parties interested regarding the water line and ask also if they were interested in annexation. There was a great deal of discussion regarding the fill for Arroyo Road. 255 C9 O rl W W Mayor Stocks introduced new Administrator/Recorder tioned a meeting of area ticello, Utah tomorrow at agreed it would be good Attend. Mr. Hollowaty will March 3, 1982 at 8:30 A.M. Mark Hollowaty, the . The Mayor also men - administrators in Mon- 11:00 A.M. The Council for Mr. Hollowaty to be -sworn in Wednesday, Mayor Stocks mentioned he would like to be on the Moab Canyon Corridor Committee as requested by Gene Nodine. Mayor Stocks stated he would like to attend the UtAH Enegry Sysmposium in Salt Lake City, Utah on March 11, 1982. Councilman Tomsic made the motion to send Mayor Stocks to the Symposium. Seconded by Councilman Neal, the motion carried unanimously. Mr. Jim Corwin, Manager of United Cable Tele- vision, appeared before Council to request a rate increase of $1.25 per month for each add- itional outlet for new customers. Audience mem- bers and the Council questioned whether addition- al outlets should be charged on a one-time instal lation basis, rather than on a continuing monthly rate. Councilman Brewer suggested that alterna- tives be prepared for consideration and Mr. Corwin meet with Administrator Hollowaty to discuss the matter. The Council tabled action on the request until alternatives can be looked into. Mr. Dan Holyoak appeared before Council represen- ting David McKay. Mr. McKay has previously ap- peared before the Planning Commission to request a parking lot in an R-2 Zone. The Planning Comm- ission recommended the ordinance be amended to permit the parking facility near the Visitor's Center. Attorney Mortensen stated property owners could bring court action if the lot is,permitted, due to protective covenants. Councilman Brewer made the motion to resubmit the request to the Planning Commission for disapproval. Councilman Tomsic seconded the motion. There was consider- able discussion regarding amending the ordinance. Two of the area residents appeared to give their feelings. Councilman Brewer called for the question. The motion carried by a majority vote, Councilman Tomsic, Neal and Brewer voting aye, Councilman Hefner voting no. There were three bids received for diatomaceous earth filters: Rocky Mountain Pools bid $4,379.31 for filters and installation; $1,679.39 filters only; and Aqua -Tech bid $4,986.00 for filters and installation; $1,998.00 for filters only. Councilman Hefner moved to accept the Rocky Mountain bid for filters and installation in the amount of $4,379.39. Councilman Brewer seconded the motion, which carried unanimously. Captain Ison recommended approval of a beer license for the Pizza Hut under the name of James. Maddox. Councilman Hefner made the motion the Council approve the license. Councilman Tomsic seconded ,the motion, which carried by a majority vote, Councilman Neal voting no. Captain fson also mentioned he had drawn up a new form to be used for beer license applicants and requested ten days to complete his investi- gation, rather than the five day period current- ly given for the investigation. NEW ADMINISTRATOR INTRODUCED MAYOR TO BE ON CANYOR CORRIDOR COMMITTEE MAYOR TO ATTEND ENERGY SYMPOSIUM PUBLIC HEARING -CABLE I TV INCREASE PLANNING COMMISSION ACTIVITIES SWIM POOL FILTER BID OPENING APPROVAL OF BEER LICENSE FOR PIZZA HUT 256 APPROVAL AND ADOPTION OF POLICE MANUAL POLICE DEPARTMENT OUTSIDE WORK STEP INCREASES FOR PARK EMPLOYEES APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ORCHARD HEIGHTS BUILDING PERMIT FOR TERRY LEECH Councilman Tomsic made the motion the Police Department Policy and Procedures Manual be approvel and adopted. Councilman Neal seconded the motion, which carried unanimously. After discussion_ regarding off -duty work for police officers as security guards, Councilman Tomsic made the motion to approve Officer Tread- way to work as a truck driver in his off -duty hours. Councilman Neal seconded the motion, which carried unanimously. Councilman Hefner moved to grant a step increase from Grade 6, Step 1 to Grade 6, Step 2 to the temporary park employees, Lynn Carpenter and Sarah Martin -Frisby. The motion was seconded by Councilman Neal and carried by a majority vote, Councilman Tomsic being opposed to the motion. Councilman Brewer moved the bills be paid in the amount of $35, 973.55, that amount excluding #35, Waterworks Equipment Company. The motion was seconded by Councilman Neal and carried unanimously. As there was no further business to come before the Council, Councilman Hefner moved the meeting be adjourned. Councilman Neal seconded the motion, which carried unanimously. The meeting was adjourned at 10:35 P.M. APPROVE: Thomas A. Stocks, Mayor ATTEST: 414 M rk Hollowaty, Administrator/Recorder CITY COUNCIL March 16, 1982 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse.Attend- ing were Councilman Brewer, Hefner, Neal, Tomsic and White. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attor- ney Mortensen, Acting Chief/Captain Ison, Super- visor Leech, Secretary Rees, the media and 24 citizens. Mayor Stocks called the meeting to order at 8:04 P.M. Councilman Neal lead the Plege of Allegiance and Councilman Hefner gave the Invocation. Councilman Hefner made the motion the minutes of the March 2, 1982 meeting be accepted as presented with spelling corrections. Councilman Tomsic seconded the motion, which carried unani- mously. Attorney A. J. Coffman -appeared in behalf of Terry Leech to request a meeting with adminis- tration to present a document of dedication of the public access road and the subdivision plat regarding 'Mr. Leech's request for a build- ing permit. 257 Mr. Venice Denney appeared before the Council PARKING PROBLEMS regarding a parking problem in front of his house at347 Millcreek Drive. Mayor Stocks sug- gested signs be put up and the street marked, so the public will know it is an access road even though it is not a through street. Administrator Hollowaty presented several items ADMINISTRATOR REPORTS to Council. He stressed the need for an up -dated NEED FOR PHONE SYSTEM phone system in the Police Department and stated IN POLICE DEPARTMENT he would study the presentation submitted by the telephone company last year. Mr. Hollowaty felt that, rather than hiring a full time mech- MECHANIC NEEDED anic, the City work could be bid out to local mechanics. He mentioned he would like to hire some high school students to aid in general cleanup, primarily the entrances to the City. He stated the City Ordinances and ORDINANCE CODIFICIATION Code need to be entirely updated and recommended we use a publishing company that would codify the book with each future update. He expressed some concern regarding the Sewage Disposal SEWAGE DISPOSAL PLANT M Plant and the additonal load the Spanish Valley Project will put on the plant. He also mentioned ^� several areas the sewer plant needs improvement to increase the efficiency of the plant and said he will be meeting with Al Anderson soon to discuss the plant. Mr. Hollowaty stated he would like to start a program of heavier ordinance enforcement in hand with the City Cleanup Campaign, using the Building Inspector and Fire Chief for ordinance enforcement. He also reported,the Street Department has budgeted for'an asphalt reclaimer and a hydraulic drill that he feels wouldn't be used enough to warrent their purchase. Administrator Hollowaty also mentioned the newly instituted staff meeting and complimented the City workers. Councilman Brewer mentioned he would like to see the new Administrator implement a good long range capital improvement program. Councilman Hefner mentioned calls he had receiv- PARK RESTROOMS ed regarding the restrooms at the City Park not being opened yet and complimented the park employees, Sarah Frisby and Lynn Carpenter for the job they're doing. Councilman Hefner asked the Council to consider PROPOSED WATER LINE ON installing the proposed Kane Creek water line KANE CREEK BOULEVARD in view of the number of residences in the area needing water and fire hydrants. He stated the proposed line would cost approximately $6,000.00. Councilman Tomsic asked if the resi- dents involved would be interested in annexa- tion. Those people are: Ray Klepzig, Bobby Hawks, Lloyd Thayne and Kay L. Young. Council decided to talk to these people about annexing. There was some discussion regarding how much the people and the City would contribute toward the water line. Councilman Neal reported he had talked with POSSIBLE BIKE PATH OR the Travel Council regarding a bike path or SMALL PARK walkway from the Green Well toward Kane Creek Boulevard. Another suggestion he mentioned was a small park across from Gambles. He also stated the Recreation Board needed a copy of their by-laws and questioned an increase of $400 on their water. Councilman White announced the City cleanup CITY CLEANUP CAMPAIGN Campaign on Saturday, March 27, 1982. Councilman White is this year's chairman of the Chamber of Commerce sponsored campaign. -258 POLICE CHIEF GRADUATES Mayor'Stocks announced the graduation of Chief FROM FBI SCHOOL of Police Stiles from the FBI Academy on March 26, 1982 in Virginia. RESOLUTION 82-2 Resolution 82-2 setting the salary of the Admin- istrator/Recorder was presented by Mayor Stocks. Councilman Tomsic moved the Council adopt the Resolution as presented. Councilman Brewer seconded the motion, which carried unanimously by roll -call vote. RESOLUTION No. 82-2 A RESOLUTION SETTING THE SALARY FOR THE POSITION OF ADMINISTRATOR/RECORDER. WHEREAS, elected and statutory officers should be fairly compensated for their time and expenses, NOW THEREFORE, BE IT RESOLVED that the yearly compensation for the position of City Administrator/Recorder shall be $24,000 annually. This Resolution shall become effective on the 3rd day of March, 1982. PASSED this 16th day of March, 1982. �T Thomas A. Stocks,Mayor ATTEST: Mark Hollowaty, Adminisratpr/Recorder PUBLIC HEARING - A public hearing was held regarding the recently TRAFFIC CONTROL SURVEY completed traffic control survey. Several mem- bers of the audience had questions about chang- ing "yield" signs to "stop" signs and the park- ing restrictions recommended in the survey. The majority ,pf the problems seemed to center around the pae ing problems some local businesses are encountering. After a great deal of discus- sion, Mayor Stocks suggested'the public hearing be tabled. Councilman Tomsic moved to table, Councilman Brewer seconded the motion, which carp i••f3d by a majority vote, .Councilman White apposed'. BID OPENING - ROLLER Administrator Hollowaty opended the seven bids received for the roller for the Street Depart- ment. The bids were as follows: Parker Equipment Company, $8,975.00; Arnold Machinery Company, $19,082.00; Lake Shore, Inc., $8,582; Lake Shore, Inc. $17,574.00; Plateau Supply, $10,300; Century Equipment Company $9,750; and Rasmussen Equipment Company, $7,303.00. Councilman Tomsic moved the Council accept the low bid of $7,303 from Rasmussen Equipment Company if the specifi- cations are met. Councilman Neal seconded the motion, which carried unanimously. BEER LICENSE DENIED Although there is no statute regarding service FOR NEIL ELLIOTT stations being granted Class III Beer Licenses, Captain Ison recommended a beer license be granted to Neil Elliott of Neil's Service Center. Councilman Neal made the motion the beer license be approved with Councilman Brewer seconding 259 the motion. Mr. Elliott appeared before Council to participate in the discussion. After a great deal of discussion, Councilman Brewer called for the quest,io'and the motion was defeated by roll-call_r`y4_e, all members voting 'ono" except Councilman Neal. Councilman Brewer moved the Council accept APPROVAL OF COUNTRY the Gountry Club Fees as presented: Weekdays: CLUB FEES $3.00 for nine holes; Weekends and Holidays: $3.50 for nine holes. Annual Fees: $200.00 per person and $150.00 for Senior citizens. Steve Kennedy, the local golf pro, appeared to answer questions of the Council. Councilman Tomsic seconded the motion, which carried unani- mously. Administrator Hollowaty stated he had discussed the matter with the Petersons and Attorney Mortensen and felt the matter did not need Council attention as the problem is not with the Game Center itself as much as traffic and beer drinking outside the building. Attorney Mortensen told the Council that problems had p been worked out. Mr. and Mrs. Sherm Peterson rl appeared before Council to express their point Wof view regarding their business. Councilman DJ Brewer stated he saw no problem with the Game Center other than an outside enforcement problem. Administrator Hollowaty recomended that the SHADE TREE WORKSHOP two park employees be sent to the Shade Tree Workshop in Salt Lake City. Councilmen Tomsic and brewer stated they were not in favor of sending temporary employees. There were three matters for final approval APPROVAL OF PLANNING from the Planning Commission. The first item COMMISSION ACTIVITIES was a request from Scott and Pam Laxton to move a mobile home onto Lot 32, Nicols Bowen LAXTON Subdivision, 558 East Bowen.,Councilman Brewer moved to approve the action of the Planning Commission. Councilman Neal seconded the motion which carried unanimously. The second item for approva was a Conditional Home Use Occupa- HOBBS tion for Arthur and Janice Hobbs to sell Aloe Vera products. Councilman Neal moved for ap- roval, Councilman Brewer seconded the motion, which carried unanimously. The last item for approva-I was —a Conditional Use Home Occupation BROWNELL for Steve Brownell, 492 Park -Drive, to sell retail firearms and ammunition from catalogues. Councilman White moved to approve the request. Councilman Neal seconded the motion, which carried unanimously. Councilman White made the motion the Council adjourn to Executive Session to discuss manors of possible litigation and land acquisition. Councilman Brewer seconded the motion,_ which carried unanimously. The Council adjourned to Executive Session at 11:19 P.M. GAME CENTER PROBLEMS ADJOURN TO EXECTUTIVE SESSION The Council reconvened the regular -session RECONVENED at 12:05 P.M. Councilman Hefner: moved to have Administrator Hollowaty write a letter to Pete Byrd denying his request for the City to pay the Waterworks Equipment bill and requesting Mr. Byrd to remit payment in the amount of $6,725.23. Councilman Tomsic seconded the motion which carried unanimously. Councilman White made the motion the bills APPROVAL OF THE BILLS be paid as presented except, the Waterworks Equipment bill in the amount of $26,338.83 with the addition of Mayor Stocks expenses to Salt Lake City making the total $26,575.02. The motion was seconded by Councilman Hefner and carried unanimously. 260 ADJOURNMENT Councilman Hefner made the motion the meeting be adjourned, Councilman White seconded. The motion was carried by unanimous consent and the meeting was a-dTourned at 12:271A.M. APPROVED: Q Thomas Mayor ATTEST: �Q4R Mark Hollowaty, Administrator/Recorder CITY COUNCIL April 6, 1982 Stocks, REGULAR MEETING AND A regular meeting of the Moab City Council ATTENDANCE was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen White, Tomsic, Neal, Brewer and Hefner. Also attending were Mayor Stocks, Chief Stiles, Captain Ison, Secret=_y Rees, previous Mayor Harold Jacobs, the Media and ten citizens. Mayor Stocks called the meeting to order at 8:01 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman White gave the InvocAtion. APPROVAL OF THE After making three corrections to the minutes MINUTES of March 16, 1982, Councilman Hefner moved the minutes -be accepted as corrected. Councilman White seconded the motion, which carried unani- mously. AUDIT NOT TO GO TO BID Administrator Hollowaty asked the Council's pleasure as to whether or not the financial audit should be put out to bid. After discussion the Council agreed it would be more timely not to put the audit out to bid. BURROUGH'S COMPUTER Administrator Hollowaty presented copies of SITUATION a letter he had written to Burrough's Corpora- tion. He stated the system does not match the bid specifications and the contract with Bur - rough's specified May of 1981 as the date the accounting and inventory systems were to be delivered. He stated he informed Burrough's the next payment would be withheld until all systems were running. Administrator Hollowaty said he was ready to go ahead with the land acquisition as soon as he met with the engineer, Al Anderson. The next step will be the capital improvements and long range planning. Utilities Supervisor Leech and Administrator Hollowaty met with Engineer Keogh to look at Arroyo Road and had some minor changes to the configuration in the actual roadway to eliminate the large amount of fill dirt that would be needed. As to the irrigation line that runs across the intended path of the roadway, Admis- trator Hollowaty stated he had talked to the owner and might be able to move it back to the east and along the south side of the roadway. The road would have a gradual roll with slight SEWER PLANT LAND ACQUISITION ARROYO ROAD 2 6 f Ot O rl CL1 W curves instead of straight road, which might encourage a drag strip situation. With the lesser amount of fill dirt necessary, the cost would be about one-fourth of the original esti- mate for fill dirt. Administrator Hollowaty presented a request from the City Attorney, Paul Mortensen, for some legal publications. The Council had previ- ously agreed to purchase publications Mr. Mort- ensen might deem necessary with the stipulation the publications would remain with the City. There was discussion because the total amount would be $1,270 plus yearly update fees of $150.00. The Council requested Mr. Hollowaty meet with Mr. Mortensen and also check the budget line items. Administrator Hollowaty mentioned he would like to install a frisbee golf course and maybe a physical fitness training center to increase the usage of the City Park. Councilman Brewer wondered if these activities might interfere with the Little League teams practice. Adminis- trator Hollowaty stated the south area would be left open for ball practice. The Administrator stated five applications had been received for the position of supervisor of the pool and he had interviewed two applicants and would be making a selection within the next few days. Mr. Hollowaty stated Ross Leech had acquired the necessary pexmits from the State Road Dept. to proceed with. the cleanup from Fifth West into town and also a permit to install a fire plug across from the Old Ranch House. Council- man Tomsic questioned whether the area for the fire plug was in the Counfy rather than the City. It was generally concurred there should be a fire plug in that area, whether it is City or County. Mr. Hollowaty stated the creek cleanup was moving along and the City would only be paying part of the bill from flood control funds. Mr. Hollowaty stated he and Chief Stiles would be going over the traffic control survey and then present it to Council. Councilman Brewer said he felt one situation that particularly needed to be addressed was the problem of park- ing. Councilman Brewer mentioned the Building In- spector had been situated, in the Courthouse for three months now and he would like to see a study done to see if any money is being saved and a decision made to either bring him back to City Hall or if the combined inspection departments is doing what it originally intended. Councilman Tomsic stated she had had complaints of the inconvenience of having Inspections located in the Courthouse. Councilman Brewer asked the matter be looked into right away. The Council welcomed Chief Stiles back from FBI School and complimented Captain Ison on the professional way he handled the department in the Chief's absence. Councilman Hefner mentioned the road past the Southeast School has no markings from 4th East on. There was discussion amoung Council Members who felt it was due to an unfinished job by the State Highway. Administrator Hollowaty is to check into the matter. ARROYO ROAD continued CITY ATTORNEY REQUEST PUBLICATIONS RECREATIONAL ACTIVITIES AT THE PARK SWIM POOL SUPERVISOR INTERVIEWS PERMITS ACQUIRED MILLCREEK CLEANUP TRAFFIC CONTROL SURVEY STUDY REQUESTED ON BUILDING INSPECTION LOCATION CHIEF STILES WELCOMED BACK FROM FBI SCHOOL ROAD PAST SOUTHEAST SCHOOL HAS NO MARKINGS 2 (52 CLEANUP CAMPAIGN Councilman White stated he would like to thank the City for their support in the Cleanup Cam- paign that took place the last two saturdays. He stated the campaign was a moderate sucess though additional cleanup is necessary and we need to be constantly aware that our City's cleanliness is impressive to the tourists and stated he felt the need for a downtown beautifi- cation project. Councilman White also mentioned he would be going to Green River for a Travel Council meeting and would be meeting with members of the Green River City Council. Mayor Stocks stated it would be fine for Councilman White to represent Moab City. SIGN MISSING Mayor Stocks expressed concern about the "Enter- ing Moab" sign on the north side of town that is missing. CHIEF STILES BRIEF Police Chief Stiles was asked by Mayor Stocks REPORT ON FBI SCHOOL to give a brief report on his attendance at the FBI Academy. Chief Stiles said he felt the school was extremely beneficial to both himself and the City. He stated several areas that were covered had to do with updating, particularly in the area of Supreme Court decis- ions and their impacts. Extensive training was also received on civil liability as it would pertain to first level supervisors. REQUEST FOR CABARET Appearing before Council was Shaw.. Welch to LICENSE FOR POPLAR request a cabaret license for the Poplar Place PLACE Administrator Holloway mentioned the City Ordinance does not require investigation by . the Police Department for a cabaret licence and, should .,yequirements for the Fire Code be met, he gould recommend the issuance of the licensei/Councilman Tomsic expressed -opposi- tion to the license in view of the number of complaints received when the Poplar Place pre- viously had a cabaret license. Following a discussion, Councilman White moved the Council authorize a cabaret license be issued to Shawn Welch dba Poplar Place with the terms and condi- tions the fire code be met and the disturbing peace laws be adhered to. The motion was second- ed by Councilman Neal and carried by a majority vote, Councilman Tomsic and Brewer being opposed. CITY SERVICE WORKER Administrator Hollowaty requested permission POSITION TO BE FILLED from the Council to create and hire one addition- al shop maintenance person. Councilman Tomsic suggested the Streets Leadworker position be filled, rather than create a new position and that the City Service Worker position was already open. Councilman Brewer made the motion to advertise for a City Service Worker. Councilman Neal seconded the motion, which carried by a unanimous vote. MAYOR PROCLAIMS MEDIC ALERT WEEK FORMER MAYOR JACOBS APPEARS BEFORE COUNCIL Mayor Stocks read a proalaimation to the Council proclaiming the week of April 4 through 10, 1982 as Medic Alert Week. Harold Jacobs stated he had been contacted regarding a fund organized upstate to help small communities with flood control. Moab could possibly receive $40,000 from the fund. Mr. Jacobs felt the monies could be used to eliminate a problem on First South and First East. He asked the Council for their sanction to follow this matter through. Councilmen White, Tomsic and Brewer vocalized that he should proceed. 263 There was a question regarding Item #26, Spanish Valley Nursery in the amount of $552.50 for trees. Mr. Hollowaty stated the trees— were for the old and new City Parks and the funds came from Streets (grounds and equipment), and Parks (grounds and maintenance). Councilman Brewer stated he felt the trees should be put out to bid and asked what the limit was for items to be put to bid. Councilman White moved the bills be paid as presented in the amount of $30,289.08. Councilman Neal seconded the motion, which carried unanimously. Councilman Brewer moved the meeting be adjourned ADJOURNMENT and Councilman Neal seconded the motion, which carried unanimously. The meeting was adjourned at 9:27 P.M. APPROVED: :rJ O W ATTEST: 7/744 Wd,A Ma k Hollowaty, Admi istrator/Recorder Thomas A. Stocks,Mayor CITY COUNCIL April 20, 1982 APPROVAL OF THE BILLS A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Chamb- ATTENDANCE ers of the Grand County Courthouse. Attending were Councilmen Brewer, Neal, White and Tomsic. Councilman Hefner was expected later, as he was out-of-town. Also attending were Mayor Stocks, Engineer Keogh, Attorney Mortensen, Administrator Hollowaty, Chief Stiles, Sheriff Nyland, the Media and three citizens. Mayor Stocks called the meeting to order at 8:06 P.M. Councilman Neal lead the Pledge of Alle- giance and Councilman Brewer gave the Invocation. Councilman Tomsic moved the minutes of the APPROVAL OF THE MINUTES April'6, 1982 meeting be tabled until the next meeting as she felt they were incomplete and needed to be retyped. Councilman White seconded the motion, which carried unanimously. Administrator Hollowaty presented an Animal Control proposal that he, Chief Stiles and Sheriff Nyland had drawn up. The proposal in- cludes hiring a City Animal Control Officer and alternating shifts with the County Officer. Both officers will also act as process servers and give parking citations. He also stated that a study would be conducted concerning an animal pound that would have to be build and maintained by the Officers, as the current pound is too small to house all the animals picked up. There was a questions regarding the necessity of the officers to be sworn in in order to serve processes and issue citations. Chief Stiles stated the Animal Control Officers could, at his or Sheriff Nyland's direction, hand out citations for minor or petty offenses. Sheriff Nyland stated the shared Animal Control Officer has such a large workload she is not able to do anything but answer calls. No patrol- ing or picking up of stray animals is being done. The Council was in favor of the proposal and requested Mr. Hollowaty to put together a study on the pound and dollar figures also. REPORT ON ANIMAL CONTROL 264 BURROUGH'S COMPUTER SITUATION DISCUSSED Administrator Hollowaty stated he had been in touch with Burrough's regarding the City computer. Burrough's wants the City to expend another $5,000 for the Fixed disc equipment. To date, the City has spent $42,260.00 on the Burrough's system including software, hardware, training and supplies. There are outstanding amounts due for schools, maintenance agreement and a payment due in May. As the computer does not meet the bid specifications, Administrator Hollowaty recommended no further monies be paid to Burrough's. Mayor Stocks suggested a meeting be held with Ed Claus, Councilman White, Attorney Mortensen, Administrator Hollo- waty and himself to discuss how to proceed. MEETING WITH AL Administrator Hollowaty mentioned he had met ANDERSON with Al Anderson, our enginering consultant to discuss the water systems and sewage treatment plant. Mr. Anderson is making up some proposals concerning the sewage treatment plant and will be meeting with Mr. Hollowaty soon. SPANISH VALLEY Administrator Hollowaty stated there was no MAINTENANCE AGREEMENT document finalized on the maintenance agreement with Spanish Valley Water and Sewer Improvement District. He recommended we get the actual dollar cost on service work for Spanish Valley and get the agreement in order. Mayor Stocks suggested a meeting with Councilman Brewer and Administrator Hollowaty to update the agree- ment. INFORMATION INDEX BUDGET CALENDAR ENGINEER KEOGH'S COMMENTS POPLAR PLACE CABARET LICENSE OLD CITY PARK Administrator Hollowaty invited the Council, Media and citizens to submit to him any ideas they might have for the Information Index. The Index is being compiled by all City employees as an informational tool to aid townspeople in questions they may have regarding governmental services. Mr. Hollowaty also mentioned he is in the process of preparing the budget calendar and will be forwarding to each Councilmember as soon as it is completed. Engineer Keogh mentioned Arroyo Road has been restaked with the new approach to see if it was agreeable to the adjoining property holders. He also asked if the City would rent or lease 5 acres adjoining his property to run horses in. There was an agreement approximately ten years ago wherein Mr. Keogh was to repair the fence. Administrator Hollowaty stated he would look into the matter. Councilman Brewer asked if the Fire Chief had checked the Poplar Place prior to the cabaret license being issued. Administrator Hollowaty stated the, license has not been issued. The Fire Chief and the Building Inspector looked at the Poplar Place and Building Inspector Kelley has written Ms. Welch regarding the changes that need to be made before the license can be issued. Councilman Neal questioned the procedure for installing the grass and sprinkling system at the Old City Park. It was pointed out that our Administrator would be handling the matter and it should be considered with the new budget. Councilman Tomsic asked Engineer Keogh to check the records to sde if the City owns the property next to the lumber yard across from the New City Park. 265 Councilman White mentioned he had attended WHITE ATTENDS GREEN the Travel Council meeting in Green River and RIVER COUNCIL MEETING stated he was the first elected official from Grand County to attend Green River City Council meetings. Mayor Stocks presented a letter from the Utah INIATIVE PETITION League of Cities and Towns regarding an iniative petition to include the Utah Legislature and its committees within the Sunshine Law. He asked that it be in City Hall for voters to sign. Mayor Stocks read a proclaimation for the week PROCLAIMATIONS of April 18 through 24 as National Volunteer Week. Mayor Stocks also signed a proclaimation for May 8; 1982 to be St. Judes Children's Research Hospital Day. Resolution 82-3, a resolution correcting Ordin- ORDINANCE 82-3 ADOPTED ante 81-3 establishing the Building Fees Schedule Cfb G was unanimously adopted on a motion from Council- man Tomsic and a second by Councilman Neal. rl C.i W W Resolution 82-4, a resolution designating Admin- ORDINANCE 82-4 ADOPTED istrator Hollowaty as the City's respresentative to the Utah State Agency for Surplus Property. Councilman Tomsic made the motion that Resolution 82-4 be adopted. Councilman Neal seconded the motion, which carried unanimously. It was also suggested Chief Stiles name be added to the list of agents able to purchase from the Agency. The Police Department had completed their invest- APPROVAL OF BEER gation of Roanne Flores for a Class II Beer LICENSE FOR ROANNE License for the Pancake and Dinner Haus. Council- FLORES OF PANCAKE HAUS man Brewer moved the license be issued. Council - White seconded the motion, which carried unani- mously. Ms. Jean Roberts appeared before Council to APPROVAL OF TRANSIENT request a transient merchant license to sell MERCHANT LICENSE silver mylar helium balloons at public gather- FOR JEAN ROBERTS ings. Ms. Roberts stated she did not feel the transient ordinance totally related to her. Mr. Hollowaty stated a regular business license prohibits transient -type selling. There was a great deal of discussion regarding the City's licenses and Ms. Roberts situation. Councilman Brewer moved to issue Ms. Roberts a transient business license with the conditions she does not interfere with other business and her license will be reviewed after one year; the bond, fingerprinting, and letters of recommendation be waived; and Ms. Roberts be allowed to pay sales tax quarterly, rather than weekly. Council - White seconded the motion, which carried unani- mously. Going before Council for final' approval was PLANNING COMMISSION a recommendation for a zoning change from R-2 ACTIVITIES to RA-1 in Orchard Heights Subdivision. All the land around the subdivision is County land. After some discussion, Councilman White moved to advertise for a public hearing on the zone ZONE CHANGE change. The motion was seconded and carried.' Engineer Keogh mentioned if,the zone was changed it would leave a strip of R-2 land -'south of the re -zoned land. Administrator Hollowaty stated the entire area originally annexed into the City has to be changed at the same time. As the property was not shown on the map' of land to be annexed, the -Council felt the master should be returned to the Planning Commission. Councilman Tomsic seconded the motion, which carried unanimously. 266 REQUEST TO RENT OFFICE SPACE APPROVAL TO HIRE SWIM POOL SUPERVISOR SANDRA GRIFFITH REPORT ON BUILDING INSPECTION DEPARTMENT CITIZEN COMMENT APPROVAL OF THE BILLS Administrator Hollowaty presented a request for permission to rent office space upstairs in City Hall to the Governor's Task Force on Nuclear Waste. He explained it is primarily to be used as an informational outlet to the public. The Council discussed the matter and the rental fee. Councilman Tomsic moved that the office space be rented at the rate of $100 per month. Councilman White seconded the motion, which was carried unanimously. REQUEST FOR DEPARTMENTALAdministrator Hollowaty presented a request TRAINING ( P.D.) for training for Sergeant coursey and Captain Ison of the Police Department. The training will be after next budget year although the registration fees need to be paid from this budget year. Chief Stiles explained the training for Sergeant Coursey is a first level supervision class and the training for Captain Ison is administration and management of small police forces. Councilman Tomsic moved the Council authorize the training for the officers and that tuition of $650.00 be paid immediately. Councilman Brewer seconded the motion, which carried by a majority vote, Councilman Hefner being opposed. Administrator Hollowaty advised the Council of his decision to hire Sandra Griffith as Supervisor of the Swim PoolfComplex and requested the Council approve. Councilman Brewer moved the Council approve Sandra Griffith as recom- mended. ;Councilman Tomsic seconded mane motion, which carried unanimously. Administrator Hollowaty gave the Council a synopsis of the hours of Inspector Kelley has put in from January 1, 1982 to March 31, 1982. He commented on the various aspects of work performed, the lack of savings in the combined inspection departments, the inconvenience due to the fact that most records are still resident in City Hall, and complaints received. Mr. Hollowaty recommended Inspector Kelley be moved back to City Hall, as Mr. Kelley is hard to get in touch with, due to only one phone line and the previously mentioned problems. The Council had a rather lengthy discussion. Council man Hefner commented he felt Mr. Kelley's time was being used as an assistant administrator. Mayor Stocks stated he had not been appraised of the study previous to this meeting and re- quested time to look over the study. Councilman Tomsic stated she felt we needed both the in- spector and his secretary didn't see the need to wait to move the Department back to City Hall. The Council agreed to table the matter for two weeks in order to allow the Mayor time to review the study. Mr. William Ball commented on the efficient manner his parking problem was handled and complimented Ross Leech, Utilities Supervisor. Councilman White questioned Item #46, Waterworks Equipment Company in the amount of $6,725.23. Mr. Hollowaty recommended payment of this bill to protect the City's credit availability. Mayor Stocks presented an additional bill from Van Cott, Bagley, Cornwall and McCarthy in the amount of $1,900.10: He stated the bill was for the period of time the City did not have an attorney. Councilman Brewer stated he should turn the bill over to the City Attorney for his recommendation and report back to Council at the next meeting. Councilman White moved the bills be paid in ,the amount of $47,262.50, excluding a bill from Rim Rock Flowers for 27 APPROVAL OF THE BILLS CONTINUED ADJOURNMENT c7 O C.) LL7 W ATTEST: Izatt, the bill believed to be the County's. Councilman Neal seconded the motion, which carried unanimously. Councilman White moved the meeting be adjourned. Councilman Neal seconded the motion and the meeting was adjourned at 10.35 P.M. by unanimous consent. Mark Hollowaty, Administrator/Recorder CITY COUNCIL April 29, 1982 APPROVED: Q Thomas A.Stocks, Mayor A special meeting of the Moab City Council was held Friday, April 29, 1982 at 3:00 P.,M. in the Council Chambers of the Grand County Courthouse. Attending were Councilmen White, Neal and Brewer. Councilman Hefner was unable to attend due to illness and Councilman Tomsic was unable to get away from work. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Chief Stiles, Building Inspector Kelley, Fire Chief Black, Secretary Rees, Deputy Recorder Coursey, the media, three building contractors and three citizens. Mayor Stocks called the meeting to order at 3:10 P.M. as soon as a quorum was present. Mayor Stocks stated the meeting was called as a fact gathering session to hear discussion from the building contractors as to their feel- ings regarding economic development in the community and the building inspection department. Jim Foy commented that building was slow at the time, with most work being remodeling. He stated building fees are too high, saying the fees the City charges are twice as high as the County. Councilman White questioned Mr. Foy if he got his value for the fees in inspections. Mr. Foy stated the City Inspection has been doing all the inspections lately. Building Inspector Kelley mentioned he had made a survey of building fees of other cities. Out of eleven responses received, six were higher than Moab, four about the same and one was lower. All cities used the Uniform Building Code. There was discussion regarding contractors working without paying building fees and without licenses and how the matter could be resolved. Mr. Pete Byrd commented he felt the City's building fees and department is out of line. He further stated, as he deals with modular homes, that he used to pay one-half price fees. The half price fees have been done away with and stated he felt the fees were out of line and asked why the City's fees can't be cut down. Mayor Stocks stated the meeting was not to discuss fees, but ways to cut down other costs also. Mayor Stocks passed out a question- aire for the contractors to fill out regarding SPECIAL MEETING AND ATTENDANCE FACT FINDING SESSION ON THE BUILDING DEPARTMENT BUILDING SLOW, CONTRACTORS COMMENT FEE SURVEY CONDUCTED BY INSPECTOR KELLEY MAYOR HANDS OUT QUESTIONAIRE 26f4 ADJOURNMENT their feelings about building and to assist in making a decision regarding the City and County Building Inspection Departments. Mayor Stocks requested the questionaires be returned to the City by the end of next week. The meeting was adjourned at 4:10 P.M. by un- animous consent. APPROVED: THOMAS A. STOCKS, MAYOR ATTEST: 794j / 1 Mark Hollowaty, Administrator/Recorder CITY COUNCIL May 4, 1982 REGULAR MEETING AND A regular meeting of the Moab City --Council ATTENDANCE was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Neal, White, Tomsic-and Brewer. Councilman Hefner arrived at 9:16, due to busi- ness. Also attending were Mayor Stocks, Admin- istrator Hollowaty, Engineer Keogh, Attorney Mortensen, Chief Stiles, Captain Ison, Dr. Hoffman, Secretary Rees, the Media and 18 citi- zens. Mayor Stocks called the meeting to order at 8:05 P.M. with Councilman Neal leading the pledge of allegiance and Councilman White giving the Invocation. APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT PROMOTION OF OFFICER BARKER AND HOLLY R. WALDEN Councilman Tomsic moved the minutes of the regular meeting of April 6, 1982 be approved as presented. Councilman Neal seconded the motion, which carried unanimously by the four councilmen attending. Councilman Brewer moved the minutes of the regular meeting of April 20, 1982 be approved with the correction as noted. Councilman Neal seconded the motion, which carried unanimously. Councilman White moved the minutes of the Special meeting of April 29, 1982 be approved as presented.Council- man Neal seconded the motion, which carried unanimously. Administrator Hollowaty stated he had received a letter from the Bureau of Land Management regarding two parcels of land for a sanitary land fill and could find no additional infor- mation. Councilman Brewer stated the matter had been turned over to the county. Adminis- trator Hollowaty mentioned two department pro- motions. One is the promotion of Holly R. Walden to Street Leadworker effective May 1, 1982: Within the Police Department, Officer David Barker to be promoted to the position of Police Sergeant. Officer Barker was the number one choice in all areas rated. Officer Barker will be Sergeant of the Patrol Division; Sergeant Coursey was transferred to the Detective Divi- sion. Mr. Hollowaty_ also requested the Council 269 to have the City's Ordinance Book codified. ADMINISTRATOR'S The Council asked Mr. Hollowaty to get a cost REPORT (CONTINUED) estimate and the matter will be considered at budget time. Administrator Hollowaty present- ed the 1982 season swimming schedule and men- tioned a potential problem with the Water Safety Instructors course being given prior to opening the pool. The pool manager, Sandra Griffith, will be taking the instructor's teaching course the week of June 6, 1982. Administrator Hollo- waty also mentioned he had met with Burrough's representative from Colorado Springs, Colorado today. He recommends the City doesn't go along with paying any additional monies to Burroughs. Mr. Hollowaty also mentioned Bob Furlow from the Health Department had requested the office space in City Hall the Council had agreed 'to rent to the Govenor's Task Force on Nuclear Waste be given rent-free. Councilman White moved to recind the $100.00 monthly rental OFFICE SPACE GRANTED fee and grant office space in City Hall for TO TASK FORCE ON no rent at all for a period of no longer than NUCLEAR WASTE OrJ 12 months to be renewed annually. The motion was seconded by ,Councilman Neal and carried unanimously. U ^v Councilman Brewer reported he had received COMPLAINTS ON LOUD DLI several phone calls on the loud motorcycles MOTORCYCLES in town. Chief Stiles stated the City would need a noise ordinance and the equipment to measure noise 4ecijels if we were to enforce a noise ordinance. There was some discussion regarding disturbing the peace. Councilman Tomsic mentioned a noise ordinance had been considered previously, but the equipment was expensive. Administrator Hollowaty stated the necessary equipment could be obtained from the Environmental Protection Agency. He will meet with Councilman Brewer on the matter. Councilman Neal mentioned there are two grates GRATES CREATING in front of the Energy Building that were stick- POTENTIAL HAZARD ing up and creating a potential danger. Councilman Tomsic questioned Engineer Keogh regarding ownership of a strip of land across the street from the City Park. Engineer Keogh stated the property belonged to Boise Cascade Building Materials Center to the center of the street. Councilman Tomsic questioned Attor- ney Mortensen regarding the bill for legal fees Mayor Stocks submitted at the last meeting. Attorney Mortensen stated he would have an opinion at the next meeting as he had received the information yesterday. Roanne Flores of the Pancake and Dinner Haus REQUEST FOR CABARET at the Ramada Inn appeared before Council to LICENSE FOR PANCAKE request a cabaret license. She stated she in- HOUSE (ROANNE FLORES) tended to provide live dinner music in the new garden dining room, which would be open from 5:00 P.M. to 10:00 P.M. There would be no dancing except for private parties. Council- man Tomsic moved the Council grant the request for a cabaret license. Councilman Brewer second- ed the motion, which carried unanimously. Administrator Hollowaty reported he had investi- REPORT ON ANIMAL gated the proposal and talked with Dr. Hoffman. CONTROL PROPOSAL He felt it would be unwise for the City to get into a City dogpound arrangement but recom- mended the City hire a City Animal Control Officer. There was discussion regarding hiring a temporary officer until the end of this fiscal year. -Councilman Tomsic made the motion to advertise and fill the City Animal Control Officer position. Councilman White seconded 270 REQUEST FOR CITY WATER the motion. Mayor Stocks asked Dr. Hoffman to meet with the'Administrator to discuss costs involved in expanding the existing pound. Coun- cilman Brewer called for the question and the motion carried unanimously. Administrator Hollowaty presented a request from Glen Victor of the Grand Old Ranch House to connect to City water for culinary water use. Councilman Tomsic asked if Mr. Victor had considered annexation, as there is a mora- torium on water connections for County residents outside city limits. As Mr. Victor was not present at the meeting, the matter was tabled until next meeting. BUILDING INSPECTION Administrator Hollowaty recommended the Building DEPARTMENT TO BE Inspection Department be moved back to City MOVED BACK TO CITY Hall in order that he and Mr. Kelley could HALL work closer together concerning code enforcement and zoning. Councilman Brewer stated he felt the matter had been studied long enough and moved the City continue using the Building Inspector and secretary and that they and their functions be transferred back to City Hall. Councilman Tomsic seconded the motion. There was some discussion amoung the Council and the Mayor regarding the department. The motion carried unanimously. REQUEST TO ATTEND Mayor Stocks requested that he and Utilities ROAD SCHOOL Supervisor Ross Leech attend the road school in Park Cicy, Utah on May 19, 20, ?^a 21, 1982. Councilman Brewer asked if Administrator Hol- lowaty should also attend, as there is schooling on road funds. Councilman Tomsic moved that Ross Leech, Administrator Hollowaty and Mayor Stocks attend the road school. Councilman Brewer seconded the motion, which carried unanimously. Council reminded Mayor Stocks he will need to appoint Councilman Tomsic as Mayor Protem during his absence. CHIEF STILES Chief Stiles announced to the Council that ANNOUNCES APPOINTMENT he was contacted by the United States Attorney for the District of Utah and has been appointed to the Federal Commission on standards of coord- ination between federal, state and local law enforcement and that he has accepted the appoint- ment. RESERVATIONS FOR Mrs. Sandra Foy appeared before Council to OLD CITY PARK resolve a problem regarding the scheduling of reservations for the Old City Park. There are two family reunions scheduled for May 30th and she would like the Council to decide how to handle the situation. Mayor Stocks informed here. the problem was administrative and recom- mended that the two families share the facility at the park. Councilman Tomsic stated she felt all reservations should be handled through City Hall and moved that, in the future, all reservations for the Old City Park be made through City Hall and a charge of $1.00 be made at the time the reservations are made in order to give a receipt to insure the reserv- ations. Councilman White seconded the motion. There was a great deal of discussion. Council- man Brewer called for the question and the motion carried unanimously. The Administrator was requested to advertise the change. TROY BLACK REQUESTS Mr. Troy Black appeared before Council to re- quest consideration of Council at budget time to purchase a mini -pumper truck for the Fire Department. Mr. Black also requested the City 27i revise the water department building ordinance TROY BLACK REQUESTS to allow water connection to sprinkler fire (CONTINUED) protection at no cost or very small one-time charge. He also asked the Council to consider amending the building code ordinance to require fire protection system on all new permits. Mr. Black also requested that his department be given a copy of the City Council minutes and consider adopting the Uniform Fire Code in the City instead of the current fire preven- tion code drawn up by the American Insurance Association. Councilman White moved the bills be paid as APPROVAL OF THE presented with the exception of #9, Grand County BILLS Travel Council for maintenance of the grounds in the amount of $1,381.97, making the total amount $21,929.96. Councilman Neal seconded the motion, which carried unanimously. C9 O Councilman Brewer moved to adjourn to executive EXECUTIVE SESSION r-1 session for the purpose of determining procedure AND ADJOURNMENT for police investigations. Councilman Neal W seconded the motion, which carried unanimously. The Council adjourned to executive session at 9:40 P.M. APPROVED: omas A. Stocks, Mayor ATTEST: Mark Hollowaty, Admini trator/Recorder CITY COUNCIL May 18, 1982 A regular meeting od the Moab City Council REGULAR MEETING AND was held in the Council Chambers of the Grand ATTENDANCE County Courthouse on the above date. Attending were Councilmen Brewer, Neal, Tomsic, Hefner and White. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, At- torney Mortensen, Chief Stiles, Captain Ison, Secretary Rees, the Media and 22 citizens. Mayor Stocks called the meeting to order at 8:04 P.M.; Councilman White lead the group in the Pledge of Allegiance and Councilman Neal gave the Invocation. Councilman White moved to approve the minutes APPROVAL OF THE of the May 4, 1982 meeting as presented. The MINUTES motion was seconded by Councilman Brewer and carried unanimously. Administrator Hollowaty reported the 1982 season 1982 SWIM SEASON FEES swim fees will remain the same as last year. The fees will be: 5 years and under - free; 6 to 11 - $.50; 12 to 17 - $.75; 18 to 62 - $1.00; 63 and over - free. Season tickets: Ages 1-11 - $20.00; Ages 12 to 17 - $25.00; 272 Ages 18 to 62 - $30.00; Family pass: $40.00. Administrator Hollowaty also presented a letter RESIGNATION OF of resignation from Officer Dan Anderson and OFFICER ANDERSON asked the Council to accept the resignation with regret. ENGINEER HAS DRAWN Engineer Keogh mentioned he had drawn up a MAP OF ANNEXATION map of the proposed annexation along Kane Creek (KANE CREEK) Boulevard and prepared a description to be signed by applicants. BEAUTIFICATION PROGRAM Councilman White stated he had received a letter concerning a statewide beautification program sponsored by Utah State University. There is a prize of a mini -park approximately $1,000 in value. Councilman White stated he would like the City to apply for the award and asked that $200.00 be budgeted for prizes to give incentive to local residents. The Council stated they felt it was a good idea. Councilman Hefner arrived at this point. (8:17) PUBLIC HEARING - Mrs. Hannah Pittman appeared before Council PROPOSED USES FOR to request the Council to consider donating REVENUE SHARING any funds possible to the Community Center FUNDS Building Fund. She also requested the Council consider contributing to a grant to get a bus that would transport up to 17 persons, including handicapped. The bus would cost approximately $5,600 with a value of $28,000.00. The Council also received three written requests. The Fire Department requested an unspecified amount for the, purchase of a. mini -pumper truck. Moab Museum requested_ $500.Q0 for the purchase of a display case. The Chamber of Commerce request- ed $500.00 for 4th of July fireworks, $3,000.00 as the City's annual donation and $2,500.00 to purchase Christmas decorations for a total of $6,000.00. There was a general discussion of the requests. The public hearing was ended at 8:37 P.M. as there were no further requests. HOBBS SUBDIVISION A recommendation was made by the Planning Com- BOND mission to release the bond for Hobbs Subdivi- sion with the stipulation the buyer be responsi- ble for putting in sidewalks. There was some discussion by the Council and a motion was made and seconded. After further disucssion, the motion was withdrawn so that the matter could be further studied. Councilman Tomsic moved the matter be tabled to June 15, 1982 meeting to allow the attorney to study the problem and give the Council a solution. The motion was seconded by Councilman Neal and carried unanimously. The Planning Commission ORCHARD HEIGHTS also recommended a zone change from R-2 to ZONE CHANGED RA-1 in the area of the vacated Orchard Heights Subdivision. Engineer Keogh mentioned he had written a new description of the property_ and an application for zone change had been signed by all property owners. Councilman Brewer moved the Council approve the Planning Commissions' recommendation as it relates to the vacated Orchard Heights Subdivision. The motion was seconded by Councilman Tomsic and carried unani- mously. BURROUGH'S SITUATION Don Hinton, Branch Manager; Cliff Tomkins, Account Representative; and Gene Castle, Custom- er Service Representative, of Burrough's Corp- oration appeared before Council to review the Burrough's situation and whether or not the B-90 met the specifications. Mr. Hinton informed the Council that the B-90 did not meet the specifications but that it is adequate for the City's "needs with no additional equipment 2 7 3 necessary. The Council expressed displeasure with the length of time it has taken to get the computer functional. Mr. Hinton told the Council he expected the third program of four to be in operation by July 1, 1982. The matter was discussed at great length by the Council and Burrough's representatives. The City received two bids for the spraying BID OPENING FOR of tent caterpillers. The first bid was from TENT CATERPILLAR Aero Specialists for $2.00 per acre. (There SPRAYING are 1,300 acres to be sprayed.) The second bid was from Wasatch Exterminators for the spraying of 125 wooded acres in the amount of $4,250. As there were several questions regarding the acreage to be sprayed and the timeliness of the spraying, Councilman Tomsic moved to table the matter until the Mayor could meet with the County Commissioners to ascertain if the County will share the cost. The motion died for lack of a second. The matter was furth- er discussed. Councilman Brewer moved to table 00 the bid awarding until more information could C0 be obtained. Councilman White seconded the r( motion, which carried unanimously. 11.1 Councilman White moved the bills be paid as APPROVAL OF THE BILLS W presented in the amount of $27,125.51. Council- man Brewer seconded the motion, which carried unanimously. Attorney Mortensen rendered his opinion regard- ing the bill submitted for payment for Mayor Stocks for legal services of the law firm Van Cott, Bagley, Cornwall and McCarthy. Mr-: Morten- sen told the Council that the greatest portion of the total $1,900.10 was for research on questions relating to iniative petitions. He recommended the City pay only $100 to cover issues relating to the Mayor's duties to uphold the law. ATTORNEY'S OPINION REGARDING BILL FOR LEGAL SERVICES Councilman Hefner moved the meeting be adjourn- ADJOURNMENT ed. Councilman Nea' seconded the motion, which carried unanimously. The meeting was adjourned at 10:25 P.M. ATTEST: APPROVED: Q omas EC. Stocks, Mayor CITY COUNCIL June 1, 1982 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, Brewer, Tomsic, White and Hefner. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attor- ney Mortensen, Chief Stiles, Treasurer McLeod, Engineer Al Anderson, Secretary Rees, the Media and 26 citizens. Mayor Stocks called the meeting 274 APPROVAL OF THE MINUTES ERNIE STEELE RECOMMENDED FOR ANIMAL CONTROL OFFICER DALGARNO REQUEST DENIED REPORT ON DOG POUND COTTONWOOD SUBDIVISION TENT CATERPILLARS AIR SERVICE TO MOAB BEING BID ON ESA HONORS BOBBIE LONG to order at 8:05 P.M. Councilman Neal lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. Councilman Brewer moved the minutes of the May 18, 1982 meeting be approved as presented. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty reported to the Council he was recommending Ernie Steele be hired to the position of Animal Control Officer at Grade 12, Step 3, $1,102.00 per month. Administrator Hollowaty also reported there are two candidates to fill the vacated Police Officer I position. Both applicants were in the top three. `They are Scott Mallon and Doug Morck. Councilman Hefner moved the Council not take any action on the matter of hiring police officers until the Mayor has reviewed all applications. The motion died for lack of a second. Administrator Hollowaty asked the Council for clarification on temporary garbage suspension. There was some discussion regarding the handling of re -connection. Mr. Hollowaty also stated Dalgarno, Inc. had asked for a key to the City yard in order that they might have access to water for hauling during the night. The Council informed him no keys to the yard should be lent out. On behalf of Hesco Corporation, who has acquired Arches Subdivision, Engineer Keogh stated the North Tusher access street is not centered. He asked the Council what would be the best way to handle the matter, be it abandonment, or variance of the 25 ft. setback. Councilman Brewer stated he felt a request for abandonment would be the best as it does not have to go before the Planning Commission but must be advertised. Administrator Hollowaty reported further on the dog pound. Dr. Hoffman stated the dog pound was currently a shelter, not a holding facility, because all dogs must be kept for three days after being picked up. Dr. Hoffman asked that a waiver of ownership be signed so that dogs left at the pound can either be sold or euthan- ized. Councilman Brewer questioned where we stood on the Cottonwood Subdivision wherein Mrs. Minor requested the bond be waived. Mr. Hollo- waty informed him the Planning Commission had denied her request. Councilman Tomsic questioned the matter of spraying for tent caterpillars. Administrator Hollowaty informed her Dick Beuhler had contact- ed him and informed him it was too late to spray this year but the• infestation is not quite as serious as previously. Mr. Beuhler said we could spray in the fall but we cannot use biological spray, it must be poison. Mayor Stocks read three bids for air service to Moab from Sky West Aviation, Alpine Airlines and Transwestern. Mayor Stocks also read a letter from Epsilon Sigma Alpha International regarding Mrs. Bobbie Long earning the right to be called an ESA Certified Volunteer of America. The title is ESA's way of recognizing outstanding individuals. Mayor Stocks read a proclaimation proclaiming June 6-12, 1982 as Canyonlands Rodeo Week. Administrator Hollowaty read a letter from the office of the Secretary of the Treasury that the audit report for the year ending June 30, 1980 has been audited. Recipiants of $25,000 or more Revenue Sharing Funds must be audited every three years. The letter goes on to say that our auditors should have rendered a dis- claimer of opinion on the financial statement of the enterprise fund, water and sewer utility, because the City has not maintained adequate records relating to fixed assets of this fund. The inventory is being prepared now and will be resubmitted with the 1982 audit. Administrator Hollowaty read his recommendations for the proposed fiscal year 1982/1983 budget, including Revenue Sharing Funds. He stated the total budget results in approximately a 1% increase in the current year budget. Mr. I.D. Nightingale appeared before Council to request additional funding for the Economic Development Council. He asked the Council's consideration in matching funds of $6,000 with the County. Carrie Bailey appeared before Coun- cil representing the Moab Arts Council, a non- profit, all volunteer community service organiz- ation. Ms. Bailey requested a contribution of $400.00 from the City budget. Councilman Brewer questioned why there was no request from the Recreation Board. Mr. Hollowaty inform- ed him the $5,500 paid the Recreation Board had been paid twice this year. Mr. Loren Johnson appeared before Council to protest the $27,000 budgeted for the golf course and a lengthy discussion ensued with several citizens commenting. Mrs. Adrian Taylor, Chairman of the Grand County Senior Citizens Council Board of Trustees ap- peared to propose that the City contribute $100,000 to the Civic/Senior Center. She stated the funds could from the City's anticipated surplus for this budget year. Mayor Stocks commented that the City will have a surplus of approximately $700,000. The total cost of the Civic Center will be $345,000. Mrs. Taylor also presented a scale model of the Civic Center and asked Council to look at the model and ask questions of the architect, Ray Taylor. The public hearing was closed at this point. Ordinance No. 82-2, an ordinance rezoning the Orchard Heights area from R-2 to RA-1 approved at Council last meeting was adopted on a motion from Councilman Brewer. The motion was seconded by Councilman Tomsic and carried unanimously by roll -call vote. ORDINANCE NO. 82-2 AN ORDINANCE AMENDING CHAPTER 27 OF THE 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 Secion 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: MAYOR PROCLAIMS RODEO WEEK AUDIT REPORT REVIEWED FOR FY 1980 PUBLIC HEARING - PROPOSED CITY BUDGET FOR FY 1982/83 ORDINANCE NO. 82-2 ADOPTED 9Lg ORDINANCE NO. 82-2 (continued) "(q)" The following described real property zoned R-2, Residential Zone, is hereby rezoned as RA-1 Residential -Agricultural Zone. All the land in Moab City which is situat- ed East of the West line of East z of NWT, Section 7, West of Mill Creek Drive, North of the North Boundary of the FC-1 Zone on Pack Creek as shown on the City of Moab Zoning Map, South of the South line of the FC-1 Zone on Mill Creek as shown on the City of Moab Zoning Map. All being situated in Section 7, T26S, R22E, S.L.B.& M., Moab City, Grand County, Utah. Passed by the unanimous vote of all members present of the City Council of the City of Moab, Utah this 18th day of May, 1982. /s/ Mark Hollowaty /s/ Thomas A. Stocks AL ANDERSON'S REPORT Mr. Al Anderson, consulting engineer, presented ON CITY WATER SYSTEMS a report to the Council on the City's water systems. Mr. Anderson recommended several chang- es in the system to improve efficiency. He stressed the City should make full use of water purchased from the Grand County Water Conserv- ancy District. He recommended the amity reduce pumping at the well previously used to supply water and increase use of water from the dis- trict. He estimated the district's water would represent 35.4 percent of the City's needs for 1982. Mr. Anderson also recommended changes in operation to increase water flow; a smaller pump and line be installed at the new tank; a pressure valve at 4th East and 3rd South to transfer more water to the downtown reservoir; installation of an electric inflow valve at tank number 2 and a water level transmitter at each reservoir. REQUEST FOR CITY Mike and Paul Holyoak appeared before Council WATER FOR MIKE AND to request City water as the County water lines PAUL HOLYOAK GRANTED do not come to their properties. Councilman Brewer moved the Council grant the variance to the moratorium. Councilman Hefner seconded the motion, which carried unanimously. The Council received a request from Great West- ern Carnival Company to hold a carnival June 23 through 26, 1982. After discussion, Council- man Tomsic moved to grant the license for the carnival to operate with a fee of $350.00 and stipulated an 11:00 P.M. closing time and the grounds must be left clean. Councilman Brewer seconded the motion, which carried unanimously. RESOLUTION NO. 82-5 Resolution 82-5 was presented to Council by Administrator Hollowaty. Councilman Neal moved the Council adopt Resolution 82-5. Councilman Hefner seconded the motion, which carried by a majority vote, Councilman Tomsic and White voting no. REQUEST FOR CARNIVAL LIC NSE FOR GREAT WESTERN CARNIVAL COMPANY RESOLUTION NO. 82-5 WHEREAS, the Mayor and City Council in regular session has determined it in the best interest of the City of Moab to increase the animal retrieval fees charged to members of the public who are the owners of dogs picked up by the Animal Control Officer and delivered ml tin n r O GJ SLZ to the pound facilities; NOW THEREFORE, BE IT RESOLVED that the following fee schedule be adopted as of the 1st day of June, 1982. (1) Each time any particular animal is picked up by the Animal Control Officer, the retrieval fee charged the person owning or harboring said animal shall be Twenty -Five Dollars ($25.00). PASSED this 1st day of June, 1982. /s/ Thomas A. Stocks /s/ Mark Hollowaty RESOLUTION NO. 82-5 continued Pete Davis and Jerry Vancil appeared before REQUEST FOR TRANSIENT C7 Council to request a transient business license MERCHANT LICENSE FOR 0 to sell snacks from a golf cart -like vehicle P.J. TREATS APPROVED in residential neighborhoods. The business AS REGULAR LICENSE would be operating out of J.D.'s Foodtown. W After a great deal of discussion, Councilman W Brewer moved to table the matter until the City Attorney could look into the matter. Coun- cilman Tomsic seconded the motion, which was defeated, Councilman Hefner, Neal and White voting not to table. There was more discussion among. the Council afterwhich Councilman Hefner moved the Council honor the request under normal business license requirements, waiving transient license requirements, with the stipulation that they do not interfere with other commercial businesses. Councilman Neal seconded the motion, which carried by a majority vote, Councilman Tomsic and Brewer voting no. Councilman Hefner moved the Council go into EXECUTIVE SESSION Executive Session to discuss the City's legal position regarding Burrough's computer. The motion was seconded by Councilman Neal. The Council adjourned to Executive Session at 11:32 P.M. APPROVED: - Q Thomas A. 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IlYa i s/cad 4Y � c� ° i = g= �' i GI;111s � i� sli 1 t 1p!'�i3e�� ¢`�it11"-1 1:4'���1 rii- �4,111 lia-le lid.iii .1=1, six.:1� i.�F���F ;�;=������l��z�l����a e���i:� ����:�_: y0 has .= : z .laa� `!a " s:.rq•s '4' star : is 7 iiay �!a G$''"i:yu•7-t iY'F�•- SPECIAL COUNCIL MEETING June 3, 1982 SPECIAL MEETING AND ATTENDANCE: A Special Meeting of the Moab City Council was held on the above date in the Conference Room of City Hall at 8:00 P.M. for the purpose of discussing the hiring of two police officers. Attending were Councilmen Tomsic, White, Hefner, Neal and Brewer. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Stiles, members of the Police Department, the media and several citizens. Mayor Stocks called the meeting to order at 8:00 P.M. and Councilman White gave the Invocation. EXECUTIVE SESSION REQUESTED: Administrator Hollowaty requested an emergency executive session immediately following this meet- ing. PURPOSE OF MEETING: For the budget year the Council has authorz- ed a total of 12 officers for the Police Department; however two officers have resigned. At the last regular meeting Chief Stiles and Administrator Hollowaty recommended the hiring of Scott Mallon and Douglas Morck to fill the vacancies. Action was postponed on the hiring as Mayor Stocks request_', until he could review the top three applications. Mayor Stocks called this special meeting to discuss the hiring of the two officers. He stated he recommended a police department budget of between $350,000 and $400,000 and felt any hiring be delayed until after a budget workshop later in the week. 27q M O ri C.) UZ U4 CITY COUNCIL June 15, 1982 A regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Councilmen Brewer, Neal, White, Tomsic and Hefner. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Chief Stiles, Secretary Rees, the Media and 21 citizens. Councilman Neal lead the group in the Pledge and Council- man Brewer offered the Invocation. Councilman Tomsic moved the minutes of the June 1, 1982 meeting be approved with the addition of "The motion died for lack of a second" on page one, paragraph three. Councilman White seconded the motion, which carried unanimously. Administrator Hollowaty had several matters to report to the Council. He stated we are proceeding well with the computer system and hopes to be fully computerized in the near future. Mr. Hollowaty stated he had had a request by the school system to be able to fill in the tree holes in the sidewalk in front of the junior high school and widen the driveway to the right frond of the courthouse about ten feet. He reported the shop personnel are constructing park benches for the City Park around the playground area. He expressed concern about streets that need line painting after sealcoating, stating the area around the park is crucial. Administra- tor Hollowaty mentioned the Utilities Supervisor had had a request from a gentleman in town who specializes in tree trimming and shaping; he will get an estimate on the City's trees. He also presented a request to send the Treasurer, Barbara McLeod, to Burrough's Man- agement Seminar. It is a three day free school in Salt lake City on July 19, 20, and 21, 1982. It is a manage- ment level seminar for those not directly with hands on the computer to better help them understand terminol- ogy, etc. The Council said Mr. Hollowaty could authorize that instate travel. Mr. Hollowaty also stated he had an opportunity to purchase an additional 1,000 yards of @rushed gravel for sealcoating. He stated we would probably not be able to get the same price (about $4.25 a yard) later, plus we would save on other costs by increasing the yardage. Lastly, Mr. Hollowaty stated the Chief of Police had recommended a design for a uni- form patch that he feels would be good for all city employee uniforms. Chief Stiles stated the quote he had received was for 500 at a cost of $700. Chief Stiles showed the hand -made patch to the Council members. Admin- istrator Hollowaty said he would work up the cost for all City employees and perhaps a vehicle shield also. Engineer Keogh reported Jim Peterson had completed the set of four maps the City commissioned him to draw. He further reported he had figures on the cost of repro- ducing the maps so that they would be available for the utility companies. Councilman Neal reported he had received a phone call about a ditch next to Holiday Haven being plugged. Councilman Hefner reported he had received calls regard- ing the fact First West has only one crosswalk and ex- pressed concern as the street borders the City Park. Councilman Tomsic moved to authorize Mayor Stocks to sign a letter to the Utah Liquor Control Commission giving the City's content to the Elks having a liquor store on the premises. The motion was seconded by Council man Brewer and carried unanimously. Mayor Stocks opened the public hearing at 8:42 P.M. and asked Administrator Hollowaty to discuss changes REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT CITY MAPS COMPLETED DITCH PLUGGED CROSSWALKS CITY CONSENTS TO ELK'S LIQUOR LICENSE PUBLIC HEARING - ADOPTION OF FY 82/83 BUDGET 280 PUBLIC HEARING ON BUDGET CONTINUED from the workshop sessions. There was a great deal of discussion regarding the budget items as well as questions from members of the aud- ience. Mr. Terry Warner asked what happened to the Fire Department's request for another Vehicle. Administrator Hollowaty told him it was included in this year's budget. The City will purchase $113,545.00 worth of equipment from this year's budget including a used loader, pickup, truckster, a used dump truck, office partitions in the Police Department, payoff on Police Department copier, a tape recorder, a shreader, a copier for Administration, file cabinets, the Fire Department truck and chasis and revamping of the phone system in the Police Department. Mr. Hollowaty commented that the remaining funds were due to most of the City departments, including Streets, Administration, and the Police Department spending less than was allocated for the present year. Chief Stiles commented that additional funds will be needed for advertising the change in the Police Depart- ment phone number. Final Departmental totals 'included Judicial, $48,069; Executive, $15,040; Administration, $160,970; General Governmental Buildings,$38,219 Planning, $3,859; Police, $457,848; Building Inspections, $48,893; Flood Control, $9,000; Animal Control, $36,843; Highways and Public Improvements, $190,247; Parks, $43,185; Swim- ming Pool, $144,650; Sanitation, S246,000; Contributions, $191,650; Equipment Replacement, $145,737. Councilman Hefner moved to create an enterprize fund for the purpose of record keeping of the sanitation department with the understanding this would be done only if it is legal to do so. The motion was seconded by Councilman Tomsic and carried unanimously. Of the $144,650 allocated for the Swimming Pool, $44,650 was for operations with the re- mainder going toward the renovation project scheduled for this fall after the close of the season. The City has about $4•30,000 set aside for the project, including accumulated funds and an allocation from Revenue Sharing Funds. Contributions totaling $191,650 include: Scouts, $650; Golf Course, $27,000; Moab Museum, $500; Chamber of Commerce, $6,000; Senior Citizens/ Civic Center, $100,000; Economic Development, $6,000; Community Beautification (prize money), $100; Arts Council, $400; Bond Redemption, $49,000; and Irrigation, $2,000. 1982/83 Revenue Sharing Budget includes: Swim Pool, $75,000; Administration, $10,500; Water/ Sewer, $11,700. The cost of one automobile, a cash register and a computer payment will be split between Administration and Water/Sewer. The Revenue Sharing Budget also includes: Police Department, $23,565; Parks and Streets, each $7,500 to split the cost of a cherry picker articulating lift; -'Outside Agency for handicap bus, $5,600; for a total Revenue Sharing Budget of $141,365. The combined Class C and Collector Road Funds, Water/Sewer and Capital Projects budget includes Water, department request, $330,117 and Water Inprovement Project, $137,700. The projects include water lines on Kane Creek Boulevard and Third South ($12,000); a sprinkler system at the Old City Park ($700); painting of storage tanks #1 and #2 inside and out ($76,000); and 281 improvements to the water system as recommended by Al Anderson ($49,000). Also included is the Sewer departmental request, $171,826; Road Funds, $67,000 (for completion of Arroyo Road and armor coat oil); Capital Projects, $419,389 which includes $1,271.33 for Data Processing equipment, $15,499 for Water/Sewer equipment, $256,882.33 for Swimming Pool renovation and the $145,737 equipment_ replacement fund. Mayor Stocks recommended to the Council that MILL LEVY SET AT the levy be dropped from 16.31 mills to 5,mills, AT 10 MILLS with an increase of one -quarter percent in the city sales tax, bringing the total sales tax to three-quarters of one percent. Adminis- trator Hollowaty recommended a levy of 12.26 mills, expressing concern that too large a cut in the levy could leave the City short of funds in the future. After a lengthy discus- sion and comments from citizens, Councilman Hefner moved the mill levy be set at 8 mills. Councilman Neal seconded the motion, which, after more discussion was defeated by a majority C7 vote, Councilmen Brewer, Tomsic, and White voting against the motion. Councilman Tomsic ''4 then moved the mill levy be set at 12.26 mills. rj Councilman Brewer seconded the motion, which GQ was defeated by a majority vote, Councilmen White, Hefner and Neal voting no. Councilman White then moved the mill levy be set at 10 mills. Councilman Hefner seconded the motion, which carried unanimously and was signified by a show of hands. Councilman White moved that Council authorize ENTERPRIZE FUND FOR a new enterprise fund for the Swimming Pool SWIMMING POOL operation, both revenue and expenses to be AUTHORIZED showy, in that fund in accordance with the law. Councilman Hefner seconded the motion, which carried unanimously. Councilman Brewer moved the Council approve REVENUE SHARING the Revenue Sharing Budget as stated in the BUDGET APPROVED amount of $10,165. Councilman Tomsic seconded the motion, which carried by a majority vote, Councilman Hefner and Neal voting against the motion. Councilman Hefner moved the Council approve ROAD FUND BUDGET the Road Fund Budget in the amount of $67,000, APPROVED the Sewer Budget in the amount of $171,826 and the Capital Projects Fund of $419,389.66 which was seconded by Councilman White. The motion was carried by unanimous consent. After discussion of the proposal for engineering ADOPTION OF PROPOSAL services in the total amount of $40,000, the FOR ENGINEERING Council felt the matter should be looked into. SERVICES TABLED Councilman Tomsic moved to table the matter until the next regular meeting in July. Council- man Neal seconded the motion, which carried unanimously. Councilman White moved the City retain the CLAUS & ADKISON CPA firm of Claus and Adkison for the purpose RETAINED FOR AUDIT of the City Audit and the Revenue Sharing Audit. Councilman Neal seconded the motion, which carried unanimously. Mayor asked Mr. Claus if he could give the Council a date to expect the Audit, as it was rather late last year. Councilman Tomsic moved the Council accept GENERAL FUND BUDGET the 1982/83 General Fund Budget in the amount ACCEPTED of $1,780.201, subject to the contingencies of transferring certain funds to enterprise funds if it is legally practical. Councilman Brewer seconded the motion, which carried by majority, Councilman Hefner voting against. 282 DISCUSSION OF PARKING PROBLEMS TABLED As it was getting late, the Council decided the discussion could be tabled. CONDITIONAL HOME USE OCCUPATIONS APPROVED WATER BUDGET ADOPTED APPROVAL OF THE BILLS APPROVAL OF GRAVEL PURCHASE ADJOURN TO EXECUTIVE SESSION SPECIAL MEETING FOR BID OPENINGS Three Conditional Home Use Occupations were recommended for approval: Cindy Sampson to do sign painting and artwork; Kurt Balling to have mail order sales for metal detectors; and Kathleen North, to operate a day care cen- ter. Councilman Brewer moved the Council approve the Conditional Home Use Occupations as recom- mended by the Planning Commission. Councilman Neal seconded the motion, which carried unani- mously. Also from the Planning Commission was the recommendation for annexation of Klepzig, Thayne and Young properties on Kane Creek Boule- vard. Councilman Neal moved the Council accept the recommendation, with Councilman Tomsic seconding the motion, which carried unanimously. Councilman Tomsic moved the Council adopt the Water Budget in the amount of $467,817.00. Councilman Neal seconded the motion, which carried unanimously. Councilman White moved the bills be paid in the amount of $68,358.46 which excludes Item #41, Montgomery Consulting in the amount of $1,141.14 for the evaluation of the sewer plant. The Council would like more information on the bill. Councilman Neal seconded the motion, which carried unanimously. Councilman Brewer moved the Council approve the purchase of an additional 1,000 yards of gravel for sealcoating. Councilman Tomsic sec- onded the motion, which carried unanimously. Councilman Neal moved the Council adjourn to Executive Session to discuss personnel matters. Councilman Hefner seconded the motion, which carried unanimously and the meeting was adjourn- ed to Executive Session at 11:47 P.M. APPROVED: ATTEST: ask Hollowaty Administrator/Recorder CITY COUNCIL Special Meeting June 22, 1982 A Special Meeting for the purpose of opening bids on five items was held on the above date in the Conference Room of City Hall. Attending were Councilman White, Hefner and Neal. Council- man Tomsic was out of town and Councilman Brewer was unable to attend. Also attending were Mayor Stocks,, Administrator Hollowaty, Utilities Supervisor Leech, Secretary Rees, the Media, 5 bid representatives and 6 citizens. Mayor Stocks called the meeting to order at 8:10 P.M. 283 There were two bids submitted for a copy machine for Administration. The first bid opened was from Intermountain Printing and Stationery Company in Grand Junction, Colorado for a Sharp 850 copier system in the amount of $7,808.00. The second bid opened was from Office Equipment Company in Price, Utah for a Savin 895 copier in the amount of $7,990.00. Councilman Hefner moved to accept the bid from Intermountain for the Sharp copier if it meets the bid spec- ifications. Councilman Neal seconded the motion, which carried unanimously by the three attending Councilmen. There were two bids submitted for a used dump truck. The €irst'•bid was from McFarland and Hullinger- for a 1968 KW 9000 in the amount of $15,000. The second bid was from Rick Warner Truckland for a 1975 Ford LT 9000 in the amount of $23,000. Councilman White moved the Council authorize the purchase of the McFarland and Hullinger dump truck in the amount of $15,000 if there are no apparent problems and it meets CD the bid specifications. Councilman Neal seconded ,-I the motion, which carried unanimously. V Cs7 There were seven bids received for the loader. Gil The first bid opened was from Honnen Equipment Company in Grand Junction, Colorado. There were two bids, both for new loaders: a Deere 444C in the amount of'$65,830.03 with out trade and $39,750 with trade-in; a Deere 554C in the amount of $76,538.84 without trade and $45,910.91 with trade. The second bid was from Century Equipment Company in Salt Lake City for a used Case loader with 47 hours in the amount of $57,200. The third bid from Foulger Equipment Company in Salt Lake City for a used Clark 55B with 689 hours in the amount of $52,580. The fourth bid was from Western Road Machinery in Salt Lake City for a 1982 new Trojan 1900 loader in the amount of $62,305. The fifth bid was from Cate Equipment Company in Salt Lake City for a new Fiat -Allis loader in the amount of $62,515 with a municipal dis- count of $12,179 without trade in the amount of $50,336 and with a trade-in, $42,136. The sixth bid opened was from Scott Machinery Co. for a used 1980 Deere 544B with 512 hours in the amount of $72,500 without trade and $49,200 with a trade-in. The last bid was also from Scott Machinery Company on the same Deere 544B loader without a trade-in in the amount of $51,500. After some discussion, the motion was made by Councilman White to authorize the purchase from Cate Equipment Company of the Fiat -Allis 545B loader conditional upon it meeting the bid specifications. The motion was seconded by Councilman Hefner and carried unanimously. Only one bid was recieved for seal coating oil. It was from Walton Trucking in Palisade Colorado for 31,500 gallons of CRS-2 asphalt at the rate of $1.09 per gallon for a total bid amount of $34,335, including freight and spread. Any portion of that amount not used by September 30, 1982 will be refunded in full. Councilman Neal moved to accept the bid from Walton Trucking in the amount of $34,335. The motion was seconded by Councilman White and carried unanimously. COPY MACHINE BID OPENING DUMP TRUCK BID OPENING LOADER BID OPENING SEAL COATING BID AWARDED 2S4 ADJOURNMENT SPECIAL MEETING CALLED TO ADOPT RESOLUTIONS No. 82-6,7 and 8 ADMINISTRATOR'S EXPLANATION ADOPTION OF RESOLUTION 82-6 As there were no bids received on the fire department truck chasis, the bid opening was closed. Administrator Hollowaty questioned the Council members present regarding the paint- ing of the rest of the walls in the Police Department as the remodeling bid did not include any painting of existing walls. Councilman Hefner moved the meeting be adjourned. The motion was seconded by Councilman Neal and carried unanimously. The meeting was adjourned at 8:50 P.M. APPROVED: Thomas A. Stocks Mayor ATTEST: aHollowaty Administrator/Recorder CITY COUNCIL SPECIAL MEETING June 29, 1982 A special meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen Neal, Brewer, White and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Stiles, Secretary Rees, 2 members of the media and one citizen. Mayor Stocks called the meeting to order at 8:03 P.M. Councilman Neal lead the Pledge of Allegiance and Councilman White gave the Invoca- tion. Administrator Hollowaty explained the reason for Resolution No. 82-6. He stated the loader for the Streets Department would come out of FY 1982/83 budget instead of FY _1981/82 as planned, and that the surplus had been antic- ipated to be more than it actually was. Council- man Brewer asked if a public hearing would be necessary and Mr. Hollowaty answered that it would not, as long as there is a decrease in expenditures. Administrator Hollowaty ex- plained the necessity for Resolution No. 82-7 is because State Law reuires the budget to be adopted by resolution. The Council had pre- viously adopted the budget only by motion. Resolution No. 82-8 is necessary to amend the present fiscal year budget, moving $13,500.00 from Bond Redemption to Community and Economic Development. It does not change the budget amount. Councilman Brewer made the motion to adopt Resolution 82-6 with the change in the second paragraph to read "mill levy request" instead of "tax dollar asking". Councilman Tomsic sec- onded the motion, which carried unanimously by roll call vote, all four Councilmen present voting in the afirmative. 285 RESOLUTION NO. 82-6 WHEREAS, the Mayor and City Council of RESOLUTION NO. 82-6 the City of Moab held a public hearing at a regular meeting on June 15, 1982 for the purpose of adopting the 1982/83 proposed fiscal budget; and WHEREAS, due to the City Council's desire to decrease the mill levy request and to the lack of time to secure certain equipment prior to the close of the present fiscal year and to insure a balanced budget, the Moab City Council adopted the proposed budget as follows: Increase Decrease Streets $33,750.00 Swim Pool $100,000 Transfers $145,737 (Equipment replace- Ment) OD NOW, THEREFORE, BE IT RESOLVED, that the p minutes of the meeting held June 15, 1982, rl be, and the same are, hereby ordered to show the adoption of the amended budget for the fiscal year beginning July 1, 1982 and ending DQ June 30, 1983, as presented to the Mayor and City Council. ATTEST: APPROVED: Thomas A. Stocks Mayor Mar ollowaty, .mini -` or Councilman Tomsic made the motion to adopt ADOPTION OF Resolution No. 82-7. Councilman White seconded RESOLUTION 82-7 the motion, which carried unanimously by roll call vote. RESOLUTION NO. 82-7 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 15, 1982 show the adoption of the Fiscal 1982/83 budget by motion rather than be resolution; and WHEREAS, the Mayor and City Council have determined that the minutes of the meeting of June 15, 1982 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 15, 1982 shall be, and the same are, hereby amended to show the adoption of the budget by resolution rather than motion, BE IT FURTHER RESOLVED that the budget for the fiscal year commencing July 1, 1982 and ending June 30, 1983 be, and the same is, hereby ordered adopted as presented and amended RESOLUTION NO. 82-7 286 ADOPTION OF RESOLUTION 82-8 RESOLUTION 82-8 COPY MACHINE BID AWARD QUESTIONED to the Mayor and City Council at the meeting held June 29, 1982. PASSED this 29th day of June, 1982. a homas A. Stocks, Mayor ATTEST: 0 owaty, A. min rator Councilman White moved to approve Resolution No. 82-8. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. RESOLUTION NO. 82-8 WHEREAS, the Mayor and City Council of the City of Moab held a Special Council Meeting on June 29, 1982 for the purpose of amending the 1982/82 fiscal budget; 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 adopted the proposed amended budge as follows: Increase Community and Economic Development $13;500.00 Decrease Contribution to Bond Redemption $13,500.00 NOW, THEREFORE, BE IT RESOLVED, that the minutes of the meeting held June 29, 1982 be, and the same are, hereby ordered to show the adoption of the amended budget for the fiscal year ending June 30, 1982 as presented to the Mayor and City Council. ATTEST: oo lowaty, A minis ator Q omas A. Stoc s, ayor ADministrator Hollowaty stated he had several items to addressto the Council. The first matter of concern was the bids received on a copier for Administration. He stated the Council had previously voted to accept the bid from Inter- mountain Printing in Grand Junction in the amount of $7,808 but the machine was not working well and he had had several requests to accept the other bid from Office Equipment Company, a local company, in the amount of $7,990. There 287 was discussion amoung the Council as to how to proceed. Councilman Tomsic moved to table the matter until the Administrator could check with the City Attorney. The motion died for lack of a second. Councilman Brewer moved to accept the Office Equipment Bid on the basis of the City Attorney's opinion on the legality of doing so. The motion was seconded by Council- man Neal and defeated, Councilman Neal and Brewer voting in the attirmative and Councilmen Tomsic and White voting no. The tie was broken by Mayor Stocks casting his vote in the negative. Administrator Hollowaty mentioned Ross Leech, Utilities Supervisor, had been asked by Walker Drug if they could rent our sweeper and an operator to clean their parking lot. The Council and Administrator Hollowaty felt as this is private property, it would be better not to allow them to rent our sweeper. Administrator Hollowaty also mentioned a problem in the field behind City Hall. The area was burned to contain weeds and several trees and bushes surrounding the area were damaged. David May is to check the damage and give an estimate for replacement. Mr. Hollowaty also informed the Council one of the adjacent property owners Mr. Kyle Bailey, is interested in purchasing the lot_. Council members stated they would like to look at the lot first. The Council turned down a request to use the City Swim Pool after hours, as the City could be liable for injuries. The Council turned down a request for $300.00 to help fund the Miss Grand County Pagent, stating that local business usually sponsor the participants in the pagent. Three bids were received for the painting in the Police Department. The bids are: Molina's Painting - $729.00; Rynio - $730.00; and Living- stone - $580.00. Councilman Brewer moved to accept the low bid of $580.00. Councilman Tomsic seconded the motion, which carried unanimously. Administrator Hollowaty also presented requests for two supervisory training seminars. Both seminars will be on the agenda for the next regularly scheduled meeting. He also mentioned that members of the Police Department would prefer only their department use the shoulder patch designed by that department. Councilman Neal moved to adjourn the meeting and Councilman Brewer seconded the motion, which carried unanimously. The meeting was adjourned at 9:01 P.M. APPROVED: Thomas A. Stocks, Mayor ATTEST: MOTION TO ACCEPT OFFICE EQUIPMENT BID FOR COPIER DEFEATED REQUEST TO RENT SWEEP- ER DENIED AREA BEHIND CITY HALL BURNED TO CONTAIN WEEDS, PLANTS DAMAGED REQUEST TO USE SWIM POOL AFTERHOURS DENIED REQUEST FOR FUNDING FOR MISS GRAND CO. PAGEANT DENIED BID OPENING: POLICE DEPARTMENT PAINTING REQUESTS FOR TRAINING ADJOURNMENT 288 REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES REQUEST TO HAVE LETTER OF REPRIMAND REMOVED FROM ADMINISTRATOR'S FILE CITY COUNCIL July 6, 1982 A regular meeting of the Moab City Council was held on the above date in the Council Cham bers in the Grand County Courthouse. Attending were Councilmen Hefner, Tomsic and White. Coun- cilmen Brewer and Neal were out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, Chief Stiles, Captain Ison, Utilities Super- visor Leech, Secretary Rees, the Media and 16 citizens. Councilman White lead the Pledge of Allegiance and Councilman Hefner gave the Invocation after the Mayor called the meeting to order at 8:00 P.M. Councilman Tomsic moved the minutes of the regular meeting of, June 15, 1982 be approved as presented. The motion was seconded by Coun- cilman White and carried by unanimous vote of the three attending councilmen. Councilman White moved the minutes of the special meeting of June 22, 1982 be approved as presented. Councilman Hefner seconded the motion, which carried unanimously. Councilman Tomsic moved the minutes of the special meeting of June 29, 1982 be approved as presented. Councilman White seconded the motion, which carried unani- mously. The first item presented by Administrator Hol- lowaty was a request to have a letter of repri- mand issued by Mayor Stocks removed from his personnel file. After a great deal of discussion regarding Ordinance 5-78, Councilman Tomsic made the motion that the letter of reprimand not be placed in the Administrator's file. Councilman White seconded the motion. After more discussion, Councilman Tomsic called for the question. The motion failed for lack of enough yes votes, three eking required and Councilman Hefner voting no. CIVIL AERONAUTICS Administrator Hollowaty asked if Mayor Stocks BOARD LETTER TO BE would like him to answer a letter from the ANSWERED Civil Aeronautics Board regarding air service to Moab. The City should give their approval of one of the three airlines proposed to give service to Moab. As Keith Peterson, a member of the Air Travel Commission, was in the aud- ience, the Council asked him to review the three proposals for air service and give his recommendation later in the meeting. Engineer Keogh presented a request from Robert Tangren to put a trailer on his property on the south side of Arroyo Road. Mr. Tangren has suffered frequent vandalism and would like the trailer for his watchman's residence. The Council informed Mr. Tangren that he would have to go through the -Planning Commission. Engineer Keogh also mentioned there is an Arroyo Road in the County and the County Commission would like the City's Arroyo Road renamed rather than change their streetname. REQUEST FROM ROBERT TANGREN TO PUT TRAILER ON LOT ARROYO ROAD ALSO IN COUNTY, MAY NEED TO CHANGE NAME 289 M 0- 1-4 W W Engineer Keogh presented a petition from Bill and Bonnie Flynn to amend Ordinance 15-81, an ordinance narrowing an unnamed street border- ing their property adjacent to Rosetree Lane. The ordinance narrowed the street 14.7 feet, but Mr. Flynn is 18 inches short of the land he is entitled to. Judge Donald Crist appeared to explain the matter to Council. After some discussion, the City Attorney was asked to look into whether or not a public hearing is required. A motion was made by Councilman White to advertise for a public hearing for the pur- pose of vacating a portion of the right of way. The motion was seconded by Councilman Hefner and carried unanimously. Attorney Mortensen presented a Quit Claim Deed on Joanne Harrison's property on Old City Park Road. There are no city streets or utilities on the property. Mrs. Harrison is trying to clear title on her property. Councilman Tomsic moved to issue the Quit Claim Deed to Joanne Harrision according to the recommendation of Engineer Keogh. Councilman Hefner seconded the motion, which carried unanimously. Administrator Hollowaty stated this matter would also have to be presented to the Attorny for the drafting of an ordinance then go before a public hearing. Attorney Mortensen sated he would check if an ordinance was necessary. Councilman White moved to table the matter until July 20, 1982 meeting. Councilman Hefner seconded the motion, which carried unanimously. Councilman White moved to reconsider the pre- vious motion regarding a public hearing for the amendment to Ordinance 15-81 as requested by Bill Flynn. Councilman Hefner then moved to table the request from Bill Flyn. The motion was seconded by Councilman Hefner and carried unanimously. Administrator Hollowaty recommended the Council approve the Phase I planning stage of the service contract presented by Al Anderson of James M. Montgomery Engineering. Councilman Hefner suggested the Mayor meet officials from Spanish Valley Water and Sewer Improvement District. Councilman Tomsic stated she sees no need for a meeting as the District has nothing to do or say on this. she moved to approve James M. Montgomery proposal Phase I, Planning, with the option of discontinuing the proposal after any of the phases. Councilman White seconded the motion, which carried unanimously. Councilman White stated it was the desire of the Council to award to local vendors whenever possible. Administrator Hollowaty stated both copiers submitted as bids exceeded the speci- ficiations. There was discussion regarding the Council's previous acceptance of the bid from 'Intermountain Printing and Stationery after whhich Councilman Hefner moved to recind his previous motion of the Special Bid Opening Meeting of June 22, 1982. Councilman White secondedthe motion, which was defeated, Council- man Tomsic and Hefner voting not to recind. Keith Peterson reported to the Council he had reviewed the proposals submitted to the Civil Aeronautics Board for air service to Moab. He stated the bid submitted by Transwestern was more thorough as to their cost of operation and through service with larger aircraft. He recommended Transwestern. Councilman Tomsic moved to have the Administrator draft a letter REQUEST TO AMEND ORDINANCE ON UNNAMED ROAD ADJACENT TO ROSETREE LANE REQUEST FOR QUIT CLAIM DEED - HARRISON PETETION FOR VACATION OF A PORTION OF HILLSIDE DRIVE PROPOSAL FOR ENGINEERING SERVICES ADOPTED BID DECISION ON COPY MACHINE PROPOSALS FOR AIR SERVICE REVIEWED 290 BID OPENING: LOADER to the Civil Aeronautics Board stating their preference of Transwestern and their package. Councilman White seconded the motion, which garried unanimously. There were seven bids received for the loader. Cate Equipment Company bid a Fiat -Allis 454B in the amount of $62,515.00, less trade-in of $8,200.00, less discount of $13,337.23 for a total of $40,977.77. Peterson Tractor and Implement bid a Ford A-62 in the amount of $71,254.00, less trade of $13,834.00, less municiple discount of $14,489.00 for a total of $42,931.00. Western Road Machinery bid a 1982 Trojan 1900 in the amount of $80,222.00, less trade of $21,206.00, less municiple dis- count of $13,469.00 for a total of $45,547.00. Century Equipment Company bid a Case W20B for $82,665.00, less trade of $9,500, less municiple discount of $32,165.00 for a total of $41,000.00 Foulger Equipment Company bid a Clark 55C loader in the amount of $57,365.00, less trade of $2,500.00 for a total amount of $54,865.00. Pete Honnen Equipment Company bid a John Deere 544C in the amount of $76,538.80 less trade of $15,500.00, less discount of $15,127.93 for a total amount of $45,910.91. Scott Mach- inery bid a John Deere 544C in the amount of $87,350 less trade of $8,500, less discount of $32,939.09 for a total amount of $45,910.91. It was moved by Councilman Hefner ucfore the bid opening to recind the motion to accept the Fiat -Allis loader as previously done at the Special Meeting of June 22,1982. Councilman White seconded the motion, which Carried unani- mously. After opening all bids, Councilman Hefner moved to accept the bid from Cate Equip ment Company for the Fiat -Allis loader in the amount of $40,947.77 providing it meets the bid specifications. Councilman Tomsic seconded the motion, which carried unanimously. REQUEST FOR MANAGEMENT Administrator Hollowaty presented a request TRAINING FOR SERGEANT from the Police Department for Sergeant Barker BARKER ' to attend a first level supervisors course in Steamboat Springs, Colorado on August 17 through August 19, 1982 for a total of $510.00 including lodging, food and travel. Councilman Tomsic moved to approve the training. Councilman White seconded the motion, which failed for lack of enough yes votes, Councilman Hefner voting no. BASIS SUPERVISORS COURSE HOBBS SUBDIVISION BOND Administator Hollowaty also presented a request for a basic supervisors course in Grand Junction on August 30, 1982. It is a one day course with a cost of $96.00 per person. He recommended the Council send five people, including himself. Councilman Hefner moved to allow three personnel to attend the basic supervisors course. He recommended Mark Hollowaty, Barbara McLeod, and Ross Leech. There was discussion as the only aproval needed is for out-of-state travel. Councilman Hefner amended his motion to send five people. The second by Councilman White was also withdrawn and reseconded. The motion carried unanimously. Attorney Mortensen recommended that the bond for Hobbs Subdivision not be released. The Council discussed the matter and no action was taken. 291 Administrator Hollowaty stated it had been POLICE DEPARTMENT requested by the Police Department that the SHOULDER PATCHES shoulder patch be used for the Police Department only and not City wide employees. Councilman Tomsic moved to restrict the design to the Police Department only and order 500 patches for $740.00. Councilman White seconded the motion, which carried unanimously. Mr. Joe Kingsley appeared before Council to POPLAR PLACE BEER request the beer and cabaret license be trans- LICENSE ferred to his name as owner of the Poplar Place. The licenses are not transferrable and a' back- ground check needs to be done on whoever the license is issued to. However, as The back- ground check takes approximately six weeks, the Council discussed the problem it would be for Mr. Kingsley to close his business for that period of time. Councilman Hefner moved to -allow Joe Kingsley to operate under an in- terim license 'pending approval of his license application. Councilman Tomsic seconded the C motion, which carried unanimously. The Council also requested Mr. Kinglsey to conform to the fire code and inform the Fire Department and (s� Police Department when the code is met in order W to issue the cabaret license. As no bids were received when the truck was APPROVAL OF BID FOR put out to bid, Administrator Hollowaty had FIRE DEPARTMENT TRUCK secured a bid from Peterson Ford. They bid $12,853.01 for a 1982 Ford F350, 10,000 lb. GVW. Councilman White moved to accept that bid to be purchased from the economic develop- ment area of the contributions fund. Councilman Tomsic seconded the m?tion, which carried unani- mously. Councilman -White moved to authorize payment APPROVAL OF THE BILLS of the bills in the amount of $139,460.55 in- cluding the bill from James M. Montgomery con- ditional upon the Recorder's approval. Council- man Tomsic seconded the motion. There was dis- cussion regarding the purchase of a 1981 Ford to be used by Administration. The Mayor ques- tioned the bid procedure for that purchase. Administrator Hollowaty stated he had purchased the car for $5,245, a savings of $2,575 over the budgeted amount of $8,000.00. Councilman Hefner expressed concern that the Council was not being consistent in the purchasing pro- cedure. The motion and second were withdrawn and restated. Councilman White moved the bills De paid in the amount of $139,460.55. Councilman Tomsic seconded the motion, which carried unani- mously. Councilman White made the motion to adjourn the meeting. Councilman Hefner seconded the motion and it carried unanimously. The meeting was adjourned at 11:27 P.M. APPROVED: i Thomas A. Stocks, Mayor ATTEST: w _y,/, Hollowaty, y, Admin rator ADJOURNMENT 292 REGULAR MEETING AND ATTENDANCE ITEMS STRIKEN FROM AGENDA APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT STOP-N-EAT PARKING PROBLEM POLICE DEPARTMENT PHONE NUMBER CHANGE THANK YOU TO KURA CITY COUNCIL July 20, 1982 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilman Tomsic, Neal, Brewer, Hefner and White, who arrived at 8:20 P.M. Also attend- ing were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Engineer Keogh, Captain Ison, Secretary Rees, the media and 10 citizens.. Mayor Stocks -called the, meeting to order at 8:02 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. Administrator Hollowaty stated there were three items to strike from the agenda: the two resolu- tions and approval of the bills. The matters to be taken care of under resolutions need co be done as ordinances and a public hearing held. The public hearings will be held at the next regular meeting. Councilman Tomsic moved to approve the minutes as presented. Mayor Stocks stated there were two items that were in conflict with State Code. Page one, paragraph three "The motion carried by majority vote" should be changed to "The motion failed for lack of enough yes votes:. On page three, paragraph three, the same change. Mayor Stocks explained even though there was a quorum of Council, all three must vote yes to carry a motion to transact business. Councilman Hefner moved the minutes be approved as corrected. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty addressed a number of items. The Grand County Fair Board has re- quested permision for a banner across Main Street at First North; the Moab Swim Team news release; a request for midseason half-price swim passes; and a request to close off a por- tion of Center Street August 6 and 7, 1982 between 5:30 and 8:30 P.M. for the County Fair entertainment. He also questioned the Council as to how they wanted him to proceed with the Burrough's situation. He is to have a report on the situation prepared for the Council mem- bers by the next regular meeting. Engineer Keogh reported on a parking problem near the Stop-n-Eat where the street has been changed from-athrough street. After some discus- sion as to how to solve the problem with access, the Council decided Engineer Keogh and Adminis- trator Hollowaty should identify the 33' for the street and stripe it, showing the street to prevent parking that would block driveways. Councilman Brewer questioned Captain Ison as to the change in the department phone number. The new number is 259-8938. Councilman Tomsic took the opportunity to thank KURA for honoring the Council members to receive the Good Neighbor Award and flowers. 293 Administrator Hollowaty informed the Council that one of the adjacent property owners has offered to purchase the land behind City Hall from the City. Members of the Council stated they were not in favor of selling the property as it has been previously considered as an impound lot or police department storage. If the current City Hall should ever need expansion the lot would be necessary. Engineer Keogh mentioned the City might lease the lot until it was needed. Administrator Hollowaty is to approach Mr. Kyle Bailey to see if he's inter- ested in leasing. Mr. Dan Holyoak, representing the Spanish Valley REQUEST TO APPROVE Water and Sewer Improvement District, appeared SVW & SID SEWER RATES before Council requesting the approval of sewage treatment rates. There was discussion regarding the rates, afterwhich the Council agreed to meet with members of the district at their next board meeting on July 28, 1982 at 8:00 ,7 P.M. at the District Office. The motion was made by Councilman Brewer and seconded by ,.� Councilman White and carried unanimously. C) Councilman Tomsic presented a request for pay- MR. JOLLY'S PUMP ment of $178.00 to Mr. James Jolly for damages DAMAGE PAID to his water pump in 1978 when the Corbin Well was heavily used, causing a drawdown of the water table affecting surrounding wells. Mr. Corbin's pump was also burned out and the City paid $1,062.06. The Council defeated a motion to pay $178.00 for Mr. Jolly's pump damage on December 15, 1981. Councilman Tomsic moved to recind the motion of that date for the pur- pose`of getting the matter to the floor. Council man White seconded the motion, which carried by a majority vote, Councilman Hefner and r�ewer voting against. There was discussion amoung the Council. Councilman Tomsic stated she did not feel that the City had been responsible for the damage to Mr. Jolly's well, but the City had agreed to pgy Mr. Corbin's bill. She stated the City should pay Mr. Jolly's well to avoid possible litigation. She moved to pay $178.00 to Mr. James Jolly for repair parts to repair his pump. Councilman Neal seconded the motion and there was further discussion. Councilman Brewer called for the question and the motion carried by majority vote, Councilmen Hefner and Brewer voting against. The first item submitted for approval by the Planning Commission was a Conditional Use Home Occupation for Robert Gritts, 110 North 4th East, for a part-time exterminating and lawn care business. The chemicals involved are to be kept under lock and key. Councilman Brewer questioned whether he should be issued a Condi- tional Home Use Occupation or a Premise Ocupa- tion and moved the Council accept the recommend- ation of the Planning Commission and approve the Conditional Use, changing from a Home Use to a Premise Use Occupation. Councilman Tomsic seconded the motion, which carried unanimously. Councilman Brewer also moved the Council approve the recommendation of the Planning Commission for approval of the final plat for_Cottonwood Subdivision, subject to City Attorney --Mortensen giving his approval. The motion was seconded by Councilman Neal and carried unanimously. LAND BEHIND CITY HALL DISCUSSED GRITTS PREMISE OCCU- PATION APPROVED 294 CODE BOCK CODIFICATION Administrator Hollowaty stated he had received a proposal for analysis and codification of the City Code Book. The Council asked that he check with other companies for price'compar- ison. PETE BYRD APPEARS Mr. Pete Byrd appeared before Council to get their feelings on a matter that should go to the Planning Commission first. He explained the matter to Council, afterwhich members of the Council asked that he go to the Planning Commission first. ADJOURN TO EXECUTIVE Councilman Neal moved the Council adjourn to SESSION Executive Session to discuss a personnel matter. The motion was seconded by Councilman Brewer and carried unanimously. The Council adjourned to Executive Session at 9:50 P.M. ADJOURN TO REGULAR SESSION ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES Councilman White moved the Council adjourn to Regular Session, seconded by Councilman Brewer and carried unanimously. The Council adjourned to Regular Session at 10:25 P.M. Mayor Stocks commented on the initiative peti- tion regarding the mayoral position being full- time, stating it will be presented to Council at the proper time. On a motion by Councilman Brewer, seconded by Councilman White, the Council adjourned by unanimous consent at 10:30 P.M. ATTEST: Hollowa Y3 APPROVED: omas tocks, Mayor Administrato CITY COUNCIL August 3, 1982 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen White, Tomsic, Neal and Brewer. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Chief Stiles, Captain Ison, Supervisor Leech, Secretary Rees, the media and 30 citizens. The meeting was called to order at 8:00 P.M. by Mayor Stocks. Councilman White lead the Pledge of Allegiance and Councilman Neal gave the Invocation. Council- man Hefner was out-of-town. Councilman Neal made two spelling corrections to the minutes afterwhich Councilman Brewer made the motion the minutes of the July 20, 1982 meeting be approved. Councilman White seconded the motion, which carried unanimously. 295 Administrator Hollowaty had four items to report ADMINISTRATOR'S REPORT to Council. He stated the City Street crew would begin the street maintenance projects on August 16, 1982 and asked the public to refrain from using the streets too heavily during the time the repairs are being made. He reported the bids for the renovation of the swim pool will be opened at the September 7, 1982 meeting. Mr. Hollowaty stated he had met with Mr. Connally of Aqua -Tech pools from Salt Lake City, Utah to go over the design of the new pool. The pool will run north and south 25 meters in length and east and west at a -25 yard length, in a L shape, as AAU uses yards and NCAA uses meters as measurement. There will be two boards, a one meter and a three meter. He mentioned two new water lines and a sewer line as other projects of the City. Administrator Hollowaty asked the Council ANIMAL CONTROL PROBLEMS to look at some options for 'the animal pound, as the current pound definately needs more space. Another problem the pound is having has to do with the $25.00 pick-up fee. Several people have asked that the fee be waived and release their animals without having to pay the fee. Administrator Hollowaty recommended W that the fees not be waived for anyone. The last item reported on was the replacement of the street lights on Main Street, as the mercury STREET LIGHT REPLACEMENT vapor lights the City currently uses are out-of- date and replacement parts are not being produc- ed. Utah Power and LIght has proposed new sodium vapor lights the length of the City with in- creased coverage in the six block area bordered by Third South and Third North. The newer lights are brighter than the ones currently in use and by installing the newer lights, the City will have 24 fewer lights and will maintain the same, if not brighter, light. Utah Power and Light will own the entire system and will be totally responsible for all the maintenance on the system The additional cost per month will be $310.26 for the total 74 lights. Councilman Brewer asked when the Kane Creek KANE CREEK ANNEXATION annexation will be completed. Administrator NEAR COMPLETION Hollowaty stated the ordinance will have to be drawn up and a public hearing will have to be held to complete the annexation. Councilman White questioned the Administrator CODE BOOK CODIFICATION on the codification of the City Code Book and the Burrough's situation. Mr. Hollowaty stated he did not have cost comparisions on the codifi- cation yet and the Burrough's situation is the same, as Burrough's refuses to do anything. Attorney Mortensen recommended to the Mayor FINAL APPROVAL OF that the instruments for the approval of_ the COTTONWOOD SUBDIVISION• final plat for Cottonwood Subdivision ate in order. The matter has already been approved and the signatures will complete the action. At the time the action to remove the letter REMOVAL OF LETTER OF of reprimand from Administrator Hollowaty's REPRIMAND FROM file was taken, there were not sufficient yes ADMINISTRATOR'S FILE votes by the three attending councilmen to carry the motion. Councilman Tomsic moved the letter of reprimand be removed from Administrator Hollowaty's file. Councilman Brewer seconded the motion, which carried unanimously. After some discussion regarding the untimeliness of the request for funding for the Symphony, Councilman White moved to authorize a donation of $100.00 for the Utah Symphony, the money coming from the prize money for the Community DONATION FOR UTAH SYMPHONY CONCERT 296 REQUEST TO AMEND ALCOHOLIC BEVERAGE ORDINANCE INIATITIVE PETITION FOR ORDINANCE CREATING FULL-TIME MAYOR DAN HOLYOAK APPEARS RE: HARRISON RIGHT- OF-WAY REQUEST FOR CITY'S HELP WITH MINI -PARK DR. HOFFMAN REQUESTS ANIMAL CONTROL PROBLEM TO BE PLACED ON AGENDA APPROVAL OF THE BILLS Beautification project. Councilman Tomsic sec- onded the motion, which carried by majority ,vote. Mr. Joe Kingsley of the Poplar Place appeared before Council to request an amendment to the ordinance relating to alcoholic beverages. Mr. Kingsley would like the ordinance changed to allow minors into an establishment serving beer when accompanied by an adult for the pur- pose of purchasing food. There was some discus- sion on the matter and the different classes of beer licenses. The Council requested a legal opinion from Attorney Mortensen and agreed to discuss the request at the next meeting. Councilman Tomsic moved to table the matter until August 17, 1982 meeting. The motion was seconded by Councilman White and carried unani- mously. Administrator Hollowaty stated the iniatitive petition signatures had been counted and veri- fied and Was now presented to the Council. Councilman Brewer stated he felt accepting the petition to put it on the ballot is the only way this 'question can be resolved. He moved the Council accept the petitionand direct the Administrator to put it on the ballot and submit it to the voters at the general election on November 2, 1982. The motion was seconded by Councilman Neal. There was a good deal of discussion regarding the legality of the pro- posed ordinance. Questions and comments were posed by several citizens. After an hours dis- cussion, the motion was restated and the motion carried unanimously. The petition will now be forwarded to Attorney Mortensen to prepare the issue for the ballot using 100 words or less, as required by State Law. Mr. Dan Holyoak appeared to question when the resolution on the right-of-way for Mrs. Joanne Harrison's property will be on the agenda. Mr. Hollowaty assured him it will be on the agenda for the next meeting. Mr. Dennis Leismaster appeared before Council to request the City's help in creating a mini - park across from Gambles. Mr. Max Woodward has agreed to lease the property for six years with yearly renewal. Other community service clubs will be providing work for the mini -park. Mr. Leismaster asked the City's help in leveling and installation of drinking fountains and possibly tables. The Council expressed favorab- ility tb the, request. Mr. Leismaster asked that Administrator Hollowaty be allowed to help with the project. Dr. Don Hoffman of the Spanish Valley Veterinary Clinic appeared before Council to request the matter of the animal control pound be placed on the next agenda. He stated there was an urgent need to enlarge the existing pound. Councilman White stated adjustments to the 1982/83 bills, adding $18,743.50 for garbage service, paid to Robert Hawks, and deducting Item #12 in the amount of $93.70, making the total amount payable $56,141.00 and moved the bills be paid in that amount. Councilman Neal seconded the motion, which carried unanimously. 291 Councilman White moved the meeting be adjourned ADJOURNMENT with Councilman Neal seconding the motion. The meeting was adjourned at 10:10 P.M. by unanimous consent. ATTEST: M rHol k lowaty, A m nistrator APPROVED: Thomas A. Stocks, Mayor C) O CITY COUNCIL ,..� August 17, 1982 U D4 WQ A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Brewer, White, Hefner, and Neal. Councilman Tomsic was out-of-town. Also attending were Mayor Stocks, Engineer Keogh, Administrator Hollowaty, Chief Stiles, Utility Supervisor Leech, Secretary Rees, the Media and 16 citizens. Mayor Stocks called the meeting to order at 8:01 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner gave the Invocation. Councilman Brewer made one correction to the APPROVAL OF THE minutes of August 3, 1982. On page two, para- MINUTES graph five, should read "the wotion carried by majority vote, Councilman Keith Brewer voting no". Councilman Brewer moved the minutes be approved with the correction. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty stated the street repair work is proceeding as planned and should be finished by the end of the week. He mentioned a meeting in Price, Utah on Tax Options for Resort Cities that he would like to send the Treasurer Barbara McLeod to on August 25, 1982. Mr. Hollowaty also stated there will be a Legis- lative Conference on September 20, 1982 by the Southeastern Utah Association of Governments and the Association would like a municipal member to sit on their board. There was some discussion regarding who should be sent. Admini- strator Hollowaty mentioned there were a number of problems with the cash register in City Hall and stated we should put a new register out for bid. Mr. Hollowaty mentioned a situation wherein Joe Severns of the Sewage Treatment Plant has been using his personal vehicle for several years. He proposed to the Council that Mr. Severns be allowed to fill two tankfulls of gas per month. The Council had several ques- tions and stated some documentation would be needed showing his mileage, etc. Administrator Hollowaty stated there are only three companies in the United States that do code book codify- ing. His- next step is to send each a copy of our code book and ordinances passed since last publication (1965). Mr. Hollowaty also commented on the street crews and mentioned he ADMINISTRATOR'S REPORT 298 had helped flag during the road work. He also complimented our Police Department. COMPLAINT REGARDING Councilman White mentioned he'd received a COUNTY ANIMAL CONTROL complaint regarding the County Animal Control OFFICER Officer not enforcing dog problems on alternate weekends when she worked. OLD LAW BOOKS NUCLEAR WASTE DUMP SITE TOUR PUBLIC HEARING ORDINANCE 82-3 ORDINANCE 82-3 Attorney Mortensen questioned the Council on what to do with the City's old lawbooks now that he has a new set. The old books are approx- imately 15 years old. Administrator Hollowaty is to check with the library to see if they would like them, if not they can be stored at City Hall. Attorney Mortensen also mentioned he had pre- pared wording for the possible amendment to the Alcoholic Beverage Ordinance to provide serving food to minors. Mayor Stocks mentioned he had a letter regarding a trip Monday, August 23, 1982 to the nuclear waste dump site and a cookout. More information can be obtained from Tag -Along Tours. Ordinance 82-3 is an amendment to ordinance 81-15, narrowing a portion of an unnamed street adjacent to Rosetree Lane by 18 inches. Council man Brewer moved to accept Ordinance 82-3. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. ORDINANCE 82-3 AMENDMENT TO ORDINANCE 81-15 NARROWING A PORTION OF AN UNNAMED STREET IN THE N.W. k, SECTION 6, T26S, R22E, SLB&M. BE IT ORDAINED by the City Council of the City of Moab, Grand County, Utah, that Ordinance No. 81-15 is hereby amended to read: The City of Moab hereby vacates a strip of land in the City of Moab, N.W.3, Section 6, T26S, R22E, SLB&M, Grand County, State of Utah, being a prrtion of an unnamed street and described as follows, to -wit: Beginning at a point which bears North 21.2 feet and East 1078.2 feet from the West Corner of Section 6, T26S, R22E, SLB&M, and proceeding thence North 115.3 feet, thence East 16.2 feet, thence South 120.0 feet, thence West 9.7 feet to a point at the back of curb, thence with said curb to the rieght along a curve, the chord of which bears N54 47" W 8.0 feet to the point of beginning, narrowing that portion of unnamed street by the dimension of the parcel so vacat- ed. This vacation of a portion of the unnamed street shall in no wise impair the franchise rights of any public utility nor extinguish any existing municipal utility rights evidenced by or in place within the portion of the unnamed street so vacated. 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 Bill H. Flynn and Bonnie R. Flynn, Grantee. 299 VD J C.� :i7 W This Ordinance shall be enforced from and after it cation according to law. DONE IN OPEN COUNCIL August, A.D. 1982. ATTEST: /s/ Mark Hollowaty City Administrator take effect and passage and publi- this 17th day of /s/ Thomas A. Stocks Mayor PUBLIC HEARING Ordinance No. 82-4 is an ordinance narrowing Ordinance No. 82-4 aportion of Hillside Drive 15 feet, making the street 45 feet wide plus a 7 foot utility easement. Councilman Neal moved to accept Ordin- ance No. 82-4. Councilman White seconded the motion, which carried unanimously by roll -call vote. ORDINANCE NO. 82-4 AN ORDINANCE NARROWING A PORTION OF A STREET KNOWN AS HILLSIDE DRIVE IN THE CITY OF MOAB, SWk, SECTION 6, T26S, R22E, SLB&M, GRAND COUNTY, UTAH. WHEREAS, HESCO, INC. Heritage Savings and Loan Corporation, resident of County of Grand, State of property owners, petitioned City of Moab, to vacate a known as Hillside Drive; , a subsidiary of Association, a Utah the City of Moab, Utah, as adjacenty by the City Council, portion of a street BE IT ORDAINED by the City Council, City of Moab, Grand County, Utah, that the petition of HESCO, INC. be granted as follows: 1. That a certain tract of land located in the SWk, Section 6, T25S, R22E, SLB&M, Grand County, Utah being that portion of a street named as Hillside Drive and described as follows: Beginning at the NW corner of Arches Subdivision which bears East 60.0 ft. from the NW corner, NEk SWk, Section 6, T26S, R22E, SLB&M, and proceeding thence south 441.43 feet with the West boundary of said Subdivision the the SW corner of said subdivision, thence West 15.0 feet., thence North 441.43 feet, thence East 15 feet to the point of beginning. A 7.0 ft. wide utility easement is reserved along the West side of this tract; This vacation of a portion of said Hillside Drive shall in no way impair the franchise rights of any public utility nor extinguish any existing municipal utility rights evidenced by or in place within the portion of Hillside Drive so vacated. 2. The City Recorded 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, Granter and HESCO, INc. Grantee. '300 3. This ordinance shall take effect and be enforced from and after its passage and publica- tion according to law. DONE IN OPEN COUNCIL this 17th day of August, A.D., 1982. ATTEST: /s/ Mark Hollowaty City Administrator RESOLUTION 82-9 APPROvm:_ /s/ Thomas A. Stocks Mayor Resolution 82-9 is a resolution quit claiming the City's interest (if any) in the Joanne Harrison property near the Old City Park. Coun- cilman Hefner moved to accept Resolution 82-9. Councilman White seconded the motion, which carried unanimously by roll call vote. RESOLUTION 82-9 RESOLUTION AUTHORIZING, THE MAYOR TO QUIT CLAIM CITY'S INTEREST, IF ANY, IN CERTAIN PROPERTY LOCATED IN GRAND COUNTY. WHEREAS, the records of the Grand County Recorder indicate that the City of Moab may claim some right, title, or interest in the below described property; and WHEREAS, the City of Moab does not claim any right, title or interest in the below des- cribed property, It is hereby resolved by the Council of the City of Moab: 1. AUTHORIZATION TO QUIT CLAIM CITY'S INTEREST IF ANY. The Mayor is authorized to quit claim to the owner of said property the City's inter- est, if any, in the following described property: Tract No. 1: Beginning at a fence corner post on the East side of the Old City Park Road which bears N 1030.3 ft. and E 1372.3 ft. from the SW corner, Section 16, T26S, R22E, SLB&M and proceeding with a chain link fence line N 1°04' E 483.4 ft.;, thence on a irregular curve to the right 98.1 ft. (chord bears N 50°29' E 98.8 ft.) thence N 78°17' E 78.4 ft., thence S7171°O47' E41.6 jt; thence S 48°40' E 250.2 ft., thence S 35 57' E 116.9 ft. to a fence corner at said chain link fence and a pole fence, thence with said pole fence on the North line of the Fletcher Kerby Tract S 87° 14' W 35.6 ft. to a 'k" rebar at the NW corner of tlge Kerby tract, thence with a pole farce S O 22' E 281.4 ft. (record bearings S 0635' E to a Z" rebar at the SW Corner of the Kerby tract, thence with a wire fence at the North line of the B. Farrow tract S 89° 52' W 418.9 ft. (record bearing west) to the point of begin- ning and containing 4.62 acres more or less. Bearings are based on the East line SE'k Section 16 (S 0° 06' E) as shown on the attached plat. 301 O U :z7 U4 Tract No. 2:Beginning at a corner on the West side of the Old City Park Road which bears North 1323.8 ft. and East 1327.2 ft. from the SW Corner, Section 16, T26S, R22E, SLB&M and proceeding thence South 160 ft., and thence West 30 ft., thence North 160 ft., thence East 30 ft. to the point of beginning and containing 0.11 acres more or less. East corner monuemented by a spike. Bearings are based on the East line SEk Section 16, (S 0°06' E) as shown on the attached plat. 2. 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 17th day of August, 1982. /s/ Thomas A. Stocks Mayor ATTEST: /2/ Mark Hollowaty City Administrator/Recorder After some discussion, the Council decided STREET LIGHT PROPOSAL to hold a workshop meeting with Utah Power and Light representatives to discuss the propos- al. Administrator Hollowaty was requested to arrange a meeting: Tuesday, August 24, 1982. Under the proposal, the City -owned mercury vapor lights would be replaced by sodium vapor lights, which would belong to Utah Power and Light and the City would be charged an increased rate to cover maintenance costs. Dr. Don Hoffman appeared before Council to ANIMAL HOLDING FACILITY discuss animal control problems. He explained DISCUSSED that the holding facility is frequently over- burdened. He stated that the number of dogs retrieved by their owners after having been picked up by the animal control officer is down, while the rate of euthanasia has increased sharpely to 82%. The overburdened pound is primarily caused by the three day holding re- quirement. After a great deal of discussion regarding options to the problem, The Council members agreed to meet Tuesday, August 24, 1982 to D discuss the issue. The Grand County Commissioner, will also be invited. Councilman Brewer asked that any additional information be included in the Council's packets. There were two bids received for the articulat- ing lift (cherry picker). The first bid opened was from TESCO, Inc. for a Steele -Cole lift in the amount of $7,430.00 plus installation of $1,160.00 and freight of $300.00 foY a total bid price of $8,890.00. The second bid opened was from H and K Truck Equipment company for an A1tec lift in the amount of $9,771.00 includ- ing $810.00 for installation and $400.00 for freight. There are several options included in the bid price. Council agreed to take the bids under advisement, in order to have more time to study the bid specifications. A decision will be rendered at the regular meeting on September 7, 1982. There were two bids received for the police BID OPENING - TWO vehicles. The first bid was from Peterson Ford POLICE VEHICLES for two Ford LTD police package vehicles in BID OPENING - ARTICUL- ATING LIFT 302 PROPOSAL FOR EMPLOYEE HEALTH INSURANCE PROPOSED AMENDMENT TO ALCOHOLIC BEVERAGE ORDINANCE BALLOT WORDING FOR INIATITIVF. PETITION REQUEST FOR RATE INCREASE FOR UNITED CABLE TELEVICION CRIME PREVENTION SCHOOLING FOR CAPTAIN ISON APPROVAL OF PLANNING COMMISSION ACTIVITIES Pete Byrd Lot Division the total amount of $19,363.00. The second bid opened was from Freed Chrysler -Plymouth for 1983 Plymouth Fury vehicles in the amount of $9,336.04 each, for a total of $18,672.08. After some discussion, Councilman Neal made the motion to accept the Peterson Ford bid and authorize the purchase of two police veh- icles. The motion was seconded by Councilman White and carried unanimously. Mr. Rich Uriarte appeared before Council to discuss several different insurance plans. He is with a consulting firm, Financial Service, in Salt Lake City. Mr. Uriarte presented an analysis of the City's current insurance, Blue Cross and Blue Shield, with Occidental and Aetna Insurance Companies. He showed monthly and annual savings under both the Occidental and Aetna plans. There was some discussion amoung the Council and no action was taken. Councilman Brewer questioned if any action was to be taken on the ordinance change. The Council and citizens discussed the matter after which Councilman White moved to hold a public hearing at the next regular meeting, September 7, 1982 on the ordinance change. The motion was seconded by Councilman Brewer and carried unanimously. Attorney Mortensen prepared the following ballot wording for the iniatitive petition to be on the ballot for the November 2, 1982 election: "An .ordinance by initiative petition providing for the office of Mayor of the City of Moab, Utah to be a full time position with the Mayor to be the chief executive administrative officer of the City and specifying the duties and init- ial salary of the Mayor; said ordinance also providing for the repeal of Moab City Ordinances No. 6-77 and 5-78, which created the office of City Administrator/Recorder of the City of Moab." Councilman White moved to adopt the ballot title as presented to appear on the_ ballot November 2, 1982. The motion was seconded by Councilman Neal and carried unanimously. Administrator Hollowaty presented a letter from United Cable Television requesting a $.50 rate increase from $9.45 per month to $9.95. Councilman Brewer stated he would like to see a complete rate schedule difference. Councilman Brewer moved to hold a public hearing on the rate increase at the next regular meeting on September 7, 1982. The motion was seconded by Councilman Neal and carried unanimously. On a motion from Councilman Brewer and a second by Councilman Neal, the Council authorized Police Captain Ison to attend a one week crime prevention school in Aspen, Colorado from Sept- ember 27, to October 1, 1982. The approximate cost will be $529.00. Chief Stiles commented the department is attempting to set up a crime prevention program and Captain Ison can provide training to other members of the department. Coming before Council for final approval was a requesst from Pete Byrd to divide Lot 12, Block 2, Palisades Subdivision into two lots of equal size, 80/ x 70/. Councilman White 3 Q:1 In C..) :L7 as moved to accept the recommendation of the Plan- ning Commission and allow the division. The motion was seconded by Councilman Neal. Council- man Brewer questioned the size of the lots, as it is a variance in: the lot size and should go before the Board of Adjustments. There was a roll call vote taken on the motion; Councilman Hefner and Neal voting in the affirmative and Councilmen Brewer and White voting against. The tie was broken by Mayor Stocks voting in the affirmative and the motion carried. Mayor Stocks read a proclaimation proclaiming August 21, 1982 as Moab Red Cross Swim Across Day in order to generate operating funds for the Red Cross in Moab. Councilman White moved the bills be paid in the amount of $128,284.50. Councilman Neal seconded the motion, which carried unanimously. Councilman Brewer moved to adjourn the with Councilman White seconding the which carried by unanimous consent. The was adjourned at 11:20 P.M. 9 Thomas A. Stocks Mayor ATTEST: (�� � % r Z MArk Hollowaty City Administrator/Recorder CITY COUNCIL September 7, 1982 meeting motion, meeting A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen White, Brewer, Neal, Hefner a..d Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Captain Ison, Secretary Rees, the Media and seventeen citizens. Mayor Stocks called the meeting to order at 8:02 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman White offered the Invocation. Councilman Brewer made a wording correction on page two, paragraph three of the minutes of August 17, 1982. Councilman White moved to accept the minutes as corrected. Councilman Neal seconded the motion, which carried unani- mously. Administrator Hollowaty presented a request for Treasurer McLeod and Deputy Recorder Coursey to attend the Burrough's school on budgetary accounting in Chicago, Illinois on September 20 through 24, 1982. He also mentioned a request to change the name of the Cit_y's Arroyo Road as there is an Arroyo Road in the County. The PETE BYRD LOT DIVISION CONT. PROCLAIMATION OF RED CROSS SWIMACROSS DAY APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES - August 17, 1982 REQUEST FOR BURROUGH'S SCHOOLING FOR COURSEY AND McLEOD NAME CHANGE OF ARROYO ROAD 304 TENT CATERPILLERS name Tamerisk Road has been suggested. Mayor Stocks suggested the matter be on the agenda for September 21, 1982 to allow time for Council and citizens to suggest other names. Councilman Tomsic mentioned she had received several calls about tent caterpillars and quest- ioned Administrator Hollowaty regarding spraying which will be done in the spring. Councilman Tomsic also questioned Attorney Mortensen as to the status of the bill owed the City by Pete Byrd. Attorney Mortensen was instructed to prepare the papers for a lawsuit. AGENDA ITEMS FOR Councilman White stated he wanted the Insurance NEXT MEETING Proposal and the Animal Holding Facility on the agenda for the next regular meeting on September 21, 1982. PUBLIC HEARING- Administrator Hollowaty read the petition for KANE CREEK ANNEXATION annexation and Resolution 82-10, declaring the annexation of territory into the City of Moab. Councilman Tomsic moved to adopt Resolu- tion 82-10 annexing the territory described. Councilman White seconded the motion, which carried unanimously. PUBLIC HEARING- Mr. Jim Corwin of United Cable Television ap- UNITED CABLE TELEVISION peared before Council and_ presented justifica- RATE INCREASE tion for 'a rate increase. He stated "iat since the last rate increase in 1979, revenues have dropped 2.5 percent while expenses have increas- ed 45 percent. Administrator Hollowaty stated the $.50 increase per month requested was 5.3 percent of the present rate. Councilman Brewer moved to grant the rate increase of $.50 per month and amend Ordinance 1779i Section 7 ac- cordingly. The motion was seconded by Councilman Hefgner and carried unanimously. PUBLIC HEARING - Administrator Hollowaty explained that Mr. AMENDMENT TO ALCOHOLIC Joe Kingsley of the Poplar Place has requested BEVERAGE ORDINANCE an amendment to the Alcoholic Beverage Ordinance creating a special classification of retail beer license which would allow minors into establishments serving both beer and food when accompanied by an adult purchasing meals. This special classification would be known as a Class IV license. There was a great deal, of} discussion by the Council pertaining to_; thal restrictions of the license. The Council asked Attorney Mortensen to prepare a formal amendment to the ordinance including the time restriction from 11:00 A.M. to 8:00 P.M. for minors to be in the bar; the revenue during those hours must be at least 25% of the total; and the seating is restricted to tables only. Councilman Brewer moved to table _the ordinance change until the next meeting for the final draft of the amendment. The 'motion was seconded by Councilman Tomsic and carried by a majority vote, Councilman White being opposed. Administrator Hollowaty stated he and Utilities Supervisor Leech had reviewed the two bids received for an articulating lift and felt the unit bid by Tesco Truck Equipment Sales in the amount of $8,890.00 would be the choice. Councilman Hefner moved the Council approve the bid from Tesco for the lift. Councilman Neal seconded the motion, which carried unani- mously. ARTICULATING LIFT BID ACCEPTED FROM TESCO 3©5 The Council discussed the proposal by Utah STREET LIGHT PROPOSAL Power and Light to replace mercury vapor street ACCEPTED lights on Main Street with sodium vapor lights, which will be owned by Utah Power and Light. The cost to the City will be an additional $310.00 per month, but Utah Power and Light will be responsible for maintenance. Councilman Neal made the motion to accept the Utah Power and Light proposal for 74 street lights. Councilman Tomsic seconded the motion, which carried by majority, Councilman White being opposed. Administrator Hollowaty opened the first bid BID OPENING - from Utah Pool, Spa and Patio, Inc. of St. SWIM POOL RENOVATION George, Utah in the amount of $161.757.00. The only other bid received was from Aqu a- Tech in Salt Lake City, Utah in the amount of $221,721.00. Councilman Hefner's motion to reject all bids and set up a committee died for lack of second. Councilman Tomsic moved to establish funds and request an engineering firm go over the pool plans and make a recom- ;, mendation to the Council by October 5, 1982 37 as to which of the two bids to accept. Council- man Brewer seconded the motion, which carried by majority vote, Councilman Hefner being oppos- ed. Councilman White moved to allow Mayor Stocks to appoint a committee made of local citizens with experience in pool construction and opera- tion to examine the bids. The motion was second- ed by Councilman Neal and carried by majority vote, Councilman Tomsic being opposed. Athletic Director Glen Richeson appeared before REQUEST TO CLOSE Council to request the closing of Third South STREETS FOR ATHLETIC from Center Street to Third South and First ACTIVITY South from Second East to Third East for a benefit softball game Sunday, September 19, 1982 featuring "The King and His Court". The request is to close the streets from about 1:00 P.M. to approximately 7:30 P.M. Proceeds from the softball game are to go to the High School Athletic Department. Councilman Tomsic moved to authorize the streets to be closed from 2:00 P.M. to 7:30 P.M. on September 19, 1982. Councilman Neal seconded the motion, which carried unanimously. Captain Ison explained the Salt Lake City Police Department has offered to let the Moab Police Department Patrol Officers ride with them on duty for three -weeks on the job training. There are six patrol officers, but the plan is for one officer to go then the Chief will assess the value of the training. There was some dis- cussion amoung the Council. Councilman Brewer moved the Council allow Chief Stiles to send officers for the training. Councilman Tomsic seconded the motion, which carried by majority, Councilman Hefner being opposed. The Council requested to be informed after the first officer returns. ON THE JOB TRAINING FD] POLICE DEPARTMENT Mr. Neldon Lemon appeared before Council to STORM DRAINAGE PROBLEM discuss a matter of storm drainage on Third ON THIRD SOUTH South. There is no drainage by the First Western National Bank and the runoff from main Street goes to the backyard of the Bureau of Land Management. After discussing the matter, the Council decided to have Engineer Keogh make his recommendation as to which of two proposed solutions is best and give the Council the cost figures on the solution. 306 OLD CITY PARK Administrator Hollowaty informed the Council CARETAKER RESIGNED that Mrs. Ocea Edwards, the caretaker for the Old City Park, has expressed that she will be leaving and would like to know if the Council would consider purchasing her mobile home. The Council discussed the matter and was not in favor of purchasing the mobile home. Administrator Hollowaty stated he would like to know who was going to the convention to be held in Salt Lake City on September 15, 16 and 17, 1982. Councilman Brewer moved to authorize one City Councilmember, Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, and chief Stiles to attend the annual conven- tion. Councilman Neal seconded the motion, which carried unanimously. As the background investigation has been com- pleted by the Police Department and does not show anything that would preclude his being given the license, Councilman Tomsic moved to grant a Class I Beer License to Mr. Kingsley. Councilman Neal seconded the meotion, which carried unanimously. Administrator Hollowaty previously presented a request for approval of schooling for Karen Courssey and Barbara McLeod on Burrought's budgetary accounting. Councilman Neal made the motion to send Karen Coursey and Barbara McLeod to school in Chicago, Illinois on Sept- ember 20 through 24, 1982. Councilmat, Tomsic seconded the motion. The Council discussed the schooling further; Councilman Brewer called for the question. The motion carried by majority Councilman Hefner being opposed. APPROVAL OF THE BILLS Councilman White questioned two items on the bills and moved the Council approve the bills in the amount of $48,499.69 as presented. Councilman Neal seconded the motion, which carried unanimously. ADJOURNMENT Councilman Neal moved the meeting be adjourned and Councilman Hefner seconded the motion. The meeting was adjourned by unanimous consent at 10:55 P.M. UTAH LEAGUE OF CITIES AND TOWNS CONVENTION CLASS I BEER LICENSE ISSUED TO JOE KINGSLEY OF POPLAR PLACE BURROUGH'S SCHOOLING APPROVED FOR COURSEY AND McLEOD ATTEST: APPROVED: omas A. Stoc s Mayor 'a Ho •waty City Administrator/Recorder 307 CITY COUNCIL September 21, 1982 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Brewer, Hefner, Neal, Tomsic and White. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attor- ney Mortensen, chief Stiles, Secretary Rees, the Media and 45 citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman Neal lead the Pledge of Allegiance and Reverend Wayne Hoag gave the Invocation. Councilman Neal and Councilman Tomsic both APPROVAL OF THE MINUTES made corrections to typographical errors in OF September 7, 1982 the minutes of September 7, 1982. Councilman Tomsic moved the minutes be accepted as correct- ed. Councilman White seconded the motion, which V) carried unanimously. Administrator Hollowaty requested the Council's ADMINISTRATOR'S REPORT pleasure in disposing of the old fire truck chasis. He explained that originally the street department had thought they could use the truck, Disposal of Fire Truck but found it did not fit their purpose. The Chasis Fire Department has requested the truck be given to the Department to sell in order to purchase equipment.Mr. Hollowaty also reported there will be a meeting with the Civil Aeronau- CAB meccing tics Board tomorrow night, Wednesday, September 22, 1982 at 7:00 P.M. at the Conference Room at City Hall for the purpose of public input regarding the proposed air service. The City Administrator also thanked the County for their Thanks to County and cooperation with the streets department and Supervisor Leech thanked Utilities Supervisor Leech for his work with the county maintenance crews. Adminis- trator Hollowaty mentioned a program the Police Department is planning called "Operation Child Operation Child I.D. I.D." wherein parents can have a current photo- graph and fingerprints of their children. Chief Stiles explained that, due to the increasing number of child disappearances, the Department feels the program is valuable. Administrator Hollowaty also questioned the maintenance con- Maintenance Contract tract between the City and the Travel Council with Travel Council as it doesn't specify clearly if the City is responsible for the grounds or building maint- enance. After some discussion, the Council agreed that the Administrator should draw up new agreement. Councilman Brewer reported that he and Council- WHITE ATTENDS SEUAOG man White attended the Southeastern Utah Assoc- MEETING iation of Governments meeting in Price, Utah last night, September 20, 1982. He expressed disappointment in the meeting as it was geared more toward counties. He suggested the AOG should be contacted to request more city issues be discussed. Councilman Neal yielded his time to Frank Rose- ROSEMAN OF SWIM POOL man, Chairman of the Swim Pool Committee. Mr. COMMITTEE APPEARS Roseman reported that of the two sets of plans received for the renovation of the pool, one set does not meet the specifications. He re- quested more time and to get a set of plans to put out for bid. Councilman Brewer mentioned we would have to hire an architect to draw the plans. Mr. Roseman stated the committee needed more time to look into the needs of the people, other municipal pools and other 308 OFFICER BALLARD'S GRADUATION RENAMING OF ARROYO ROAD EMPLOYEE INSURANCE DISCUSSED AND TO GO TO BID STORM DRAINAGE ON THIRD SOUTH COMPLAINT FILED ON PETE BYRD MATTER LETTER FROM K. KELLING OF KELLING INSURANCE AGENCY REGARDING BIDS locations, Mayor Stocks asked if the Administra- tor had been in contact with engineers to review the plans. Mr. Hollowaty stated he had been in contact with two engineers but does not have a cost as they would have to see the plans first. Mayor Stocks also stated that the Admini- strator or secretary should be at the committee meetings to take minutes. Attorney Mortensen stated he had filed a com- plaint in the Pete Byrd matter. He also mention- ed he had several inquiries regarding the pro- secution of DUI cases. He stated the plea bargains have been made with his concurance as a license revocation results. Councilman Tomsic read a letter she received from Kitty Kelling of Kelling Insurance Agency regarding the employee health insurance proposal submitted by Rich Uriarte. Mrs. Kelling stated she felt it was unethical for the Mayor to hand carry the proposal submitted by Mr. Uriarte to selected local insurance agents for their proposals. She further requested the insurance matter be put to bid in the usual manner. Admin- istrator Hollowaty commented that the City did not solicit proposals from anyone, that Mr. Uriarte submitted the proposal on his own iniatitive. Mayor Stocks responded that he did not divulge any private figures as the proposal was presented in public a_ Council meeting. dTAH LEAGUE OF Councilman White stated he would like to bring CITIES AND TOWNS up under old business a matter relating to CONVENTION Hobb's Subdivision drainage ditch. He also mentioned that he attended the Utah League of Cities and Towns Convention and Officer Bruce Ballard's graduation from the POST Academy. Mayor Stocks mentioned the League Convention and the State Municiple League Insurance. Chief Stiles commented on the classes he attended at the League Convention and Officer Ballard's graduation. Councilman Brewer read a letter from Bernice Williams Bowman regarding the renaming of Arroyo Road. Mrs. Bowman suggested "Williams Way" as the old Williams house was removed in order for the road to go through. Ivah Johnson was in the audience and she suggested something to do with the agricultural background. She objected to "Williams Way" as her father and Johnnie Johnson donated the land for the road, and the Williams property was purchased. Council- man Tomsic moved to rename Arroyo Road "Williams Way". Councilman Brewer seconded the motion, which carried unanimously. Administrator Hollowaty recommended that any proposal accepted be done on a bid basis. The Council discussed the insurance the City pre- sently carries. Councilman White stated he felt dental coverage would be an added benefit. Councilman Brewer asked that we procure bids both including dental and without. Councilman White moved to put the City Employee Insurance out for bid. Councilman Neal seconded the motion which carried unanimously. After discussing the storm drainage problem, the Council decided the best method of handling the problem would be with an enclosed culvert 309 going in a southwest direction with two drop drains on either side of Third South. The ex- pected expense is approximately $3,400.00. Councilman Brewer moved to expend up to $3,400 for the storm drains if the easement can be acquired. Councilman Hefner seconded the motion, which carried unanimously. Councilman White moved the ordinance change pertaining to Chapter 3 of the Moab City Code be taken from the table. The motion was seconded by Councilman Brewer and carried unanimously. There was a lengthy discussion amoung the Coun- cil and citizens. Several citizens opposed to the ordinance change voiced protests, saying it would set a precedent. Councilman White moved the Council accept the amendment to the Alcoholic Beverage Ordinance. Councilman Brewer M seconded the motion. After discussing the matter G and hearing citizens remarks, Councilman Brewer called for the question and the motion was unanimously defeated by roll -call vote. GO W Councilman White mentioned that Mr. Jim Walker of Moab Irrigtion Company had offered to pay half the cost of covering the irrigation ditch behind the Visitor's Center that overflows into Hobb's Subdivision. There was some discus- sion and the Council asked the Administrator to bring cost figures on the project to the next regular meeting. Councilman White stated there was a question on Item #5, Grand County, as the bill included an amount for cleaning Millcreek. Mayor Stocks asked to withhold that portion of the bill until he could meet with the County Commission. Councilman White moved the bills be paid as presented with the exception of $9,004.98 of the Grand County bill, for a total amount of $27,221.14. Councilman Tomsic seconded the motion, which carried unanimously. Dr. Don Hoffman appeared before Council to question the status of the animal holding facility problem. He mentioned that he had not had a space problem at the pound since Labor Day. No decision has been made regarding the animal holding facility. Councilman Brewer stated the situation will have to be reviewed before any determination can be made. Councilman Hefner moved the Council go into Executive Session to discuss news media coverage concerning personnel matters; Councilmembers and Mayor only. Councilman Neal seconded the motion, which carried by majority vote, Council- man Tomsic and Brewer being opposed. The Coucil adjourned to Executive Session at 10:33 P.M. APPROVED: Q omas A. Stocks, Mayor ATTEST: //;'/ Mar .Hollowaty, City Ad istrator/Recorder STORM DRAINAGE PROBLEM ON THIRD SOUTH AMENDMENT TO ALCOHOLIC BEVERAGE ORDINANCE DEFEATED HOBB'S SUBDIVISION DRAINAGE PROBLEM APPROVAL OF THE BILLS DR. HOFFMAN APPEARS EXECUTIVE SESSION 3 1=Q REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT NO FURTHER STUDIES REGARDING FLOOD CONTROL CITY COUNCIL October 5, 1982 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Brewer, Neal, Hefner and Tomsic. Councilman White was not in attendance. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Stiles, Engineer Keogh, Sec- retary Rees, the Media and six citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman Brewer lead the Pledge of Allegiance and Councilman Neal gave the Invoca- tion. Councilman Neal moved the minutes of the regular meeting of September 21, 1982 be approved as presented. The motion was seconded by Councilman Brewer and carried unanimously. Administrator Hollowaty complimented the Police Department, hospital staff,' Helen M. Knight PTA and the Police officers wives that assisted in "Operation Child I.D." held the past saturday at the HMK School. He stated the water tank painting and the employee health insurance will be going out for bid soon and that the bid opening for codification of the City Code Book will be at the next meeting, C_:ober 19, 1982. He mentioned he was presently working on a draft of the agreement on the visitor's Center and a letter to the schools regarding the tennis courts. Administrator Hollowaty called on Chief Stiles to explain the situation with the Police Department working for the movie company. The company, Zone Productions, is filming a science fiction movie here nad has requested police officers to work in an off -duty capacity for the company providing security and traffic control at the rate of $10.00 per hour. Chief Stiles checked the Police Department Manual and stated that, as the off- icers will be working as police personnel in off -duty employment, workman's compensation insurance and liability would still cover the officers. He further stated that he requested any payment be made directly to the City to be disbursed by the City to the officer. There was some discussion. The matter will come before the Council later this evening. Engineer Keogh reported he had received a letter from the Army Corp of Engineers stating they were not going to pursue any further studies regarding flood control. Councilman Brewer stated he- had received- a call from Bob Downard regarding a large power line on the City's right-of-way next to his house that he objects to. Councilman Tomsic explained the reason for the problem and stated she did not feel the City has anything to do with the power lines. Administrator Hollowaty stated he will research the franchise agreement. Engineer Keogh stated he felt the utility com- pany has a blanket easement. Councilman Neal asked when the street lines and marks would be painted. Administrator Holl- owaty stated the templates have been made and the gravel is being swept, so it will be soon. Councilman Neal also read a letter from J. J. Wong regarding the street closing on Sept. 19, 1982 for "The King and His Court" being 311 damaging to his business, the Apache Motel. COUNCIL REPORTS Administrator Hollowaty stated the Police CONTINUED Department was instructed to give directions to those who asked. Chief Stiles also commented that he and Mr. Wong had made signs and barri- cades prior to the street closing. Councilman Hefner mentioned a city overflow cement bunker located on Spanish Valley Drive and Spanish Trail Road in the County where rabbit grass grows and impairs the visibility. There have been two accidents at that particular corner. He asked if the culvert could be extend- ed to cover the ditch where the rabbit grass grows. Engineer Keogh is to look at the situa- tion and see if it is feasible to put in a culvert. Councilman Tomsic read a letter of protest from Virginia Johnson regarding the renaming of Arroyo Road to Williams Way. Mrs. Johnson M feels that since ther husband gave the City CD the property for the road, the street should r� be a continuation of Center Street or named U in honor of her husband. Members of the Council W expressed their desire not to change the name Liz from Williams Way. Mayor Stocks reported he had been contacted by Vinnie Camberlango regarding putting a culvert in a ditch on Fifth West. He also talked with Administrator Hollowaty and was informed it was the responsibility of Moab Irrigation Company. The culvert has since been installed. Mayor Stocks also mentioned John R. Sager of First Security Bank had visited with him and mentioned the bank is in the bond- ing business. Mayor Stocks also asked Adminis- trator Hollowaty to have the auditor, David Adkison, come to the next meeting to discuss the City financial audit. The Mayor also ques- tioned the Administrator regarding flushing of the fire plugs, the fill dirt for Williams Way, painting of the school zone roadway, the progress on Kane Creek annexation's water line and the sewer system in Spanish Valley. Administrator Hollowaty stated the engineers ENGINEER'S REPORT report should be forwarded to the Swim Pool ON SWIM POOL BIDS Committee for their review and have the commit- tee report back to the Council in writing as to their recommendations. Councilman Neal so moved. The motion was seconded by Councilman Brewer and carried unanimously. Administrator Hollowaty stated the agreement SPANISH VALLEY WATER for maintenance on the Spanish Valley water AND SEWER AGREEMENT and sewer lines was ready to be forwarded to the City Attorney for review. Councilman Tomsic moved to have the City Attorney review the agreement and report to Council with his con- clusions no later than the first meeting in November. The motion was seconded by Councilman Neal and carried unanimously. Administrator Hollowaty commented that Engineer STORM DRAINAGE BEHIND Keogh had given him an estimate on the cost VISITOR'S CENTER of covering the irrigation ditch behind the Visitor's Center in the amount of $11,824.00. He further stated the Council couldn't accept as there is no further money budgeted and sug- gested he make arrangements to have the ditch cleaned and the bank built up. Engineer Keogh stated the culvert crossing the road to the north should also be cleaned. 312 REQUEST FOR TRAINING FOR ADMINISTRATOR The Council discussed a request by Administrator Hollowaty to attend a training seminar sponsored by the Center for Professional Development to be held in San Francisco on October 25 to 27, 1982 concerning economic development. Coun- cilman Brewer stated it would be more appropri- ate to have a respresentative sent by the Eco- nomic Development Committee. Administrator Hollowaty stated he would contact the Committee and the Grand County Commission to see if a cooperative agreement could be worked out. The cost of the seminar is $325.00 plus travel expenses. REQUEST FOR TEMPORARY Mr. Harry Miller of Aeropulse Exploration Ser- HELIPORT LANDING AREA vices appeared to request the City's permission to use a fenced lot behind the Virginian Motel as a helicopter landing pad. The Council denied the request, not wanting to set a precedence and citing past complaints from citizens when helicopters have landed in the City limits. The Council suggested several options for a helipad to Mr. Miller. Councilman Brewer moved to allow the off -duty employment for police officers to work for the movie company, Zone Productions, at the rate of $10.00 per hour to be paid to the City and disbursed by the City. The motion was seconded by Councilman Neal and carried unani- mously. VIRGINIA JOHNSON Mrs Virginia Johnson appeared before Council APPEARS TO PROTEST to protest the renaming of Arroyo Road to Wil- RENAMING OF ARROYO liams Way. The Council decline to change the ROAD name of the street as the renaming was advertis- ed for two weeks and a public hearing was held at the Council's last meeting. TERRY WARNER GIVES Mr. Terry Warner appeared before Council to THANKS TO P.D. express his thanks as president of the Helen M. Knight PTA to the Police Department and comment on the response to "Operation Child I.D.". He also mentioned the fingerprinting will take place at the Southeast School on October 8, 1982 and the Middle School on October 16, 1982. EXECUTIVE SESSION On a motion by Councilman Neal and a second by Councilman Brewer, the Council adjourned to Executive Session to discuss property acquis- ition. The Council adjourned to Executive Ses- sion at 9:30 P.M. OFF -DUTY EMPLOYMENT FOR POLICE OFFICERS APPROVED: Thomas A. Stocks Mayor ATTEST: [C/L/C / v Mask Hollowaty City Administrator/Recorder 313 CITY COUNCIL October 19, 1982 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, Brewer, Tomsic and White. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Engineer Keogh, Chief Stiles, Secretary Rees, the Media and 11 citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman White gave the Invocation. As there were no corrections or additions to APPROVAL OF THE the minutes of October 5, 1982, Councilman MINUTES Neal moved to accept the minutes as presented. The motion was seconded by Councilman Brewer and carried unanimously. C Administrator Hollowaty had a brief update. ADMINISTRATOR'S REPORT V He stated that he and Chief Stiles had met Gy with Judge Crist today concerning the codifica- W tion of the City Code Book and that proposals for codification would be opened later in the meeting. He also stated he had researched the utility easements for Utah Power and Light and found that the City gave the right to UPL to have the same easements the City holds. Engineer Keogh reported on the cost of covering SPANISH VALLEY OVERFLOW an overflow located at the corner of Spanish Valley Drive and Spanish Trail Road as requested at the last meeting by Councilman Hefner. He stated the cost of culvert only would be $975.00 for 126 feet of culvert. He also estimated the cost of finishing Williams Way to be $81,000 and asked when the Council would like him to present a break -down of that figure. Engineer Keogh also reported he had checked DRAINAGE DITCH BEHIND with Ross Leech regarding the cleaning of the VISITOR'S CENTER drainage ditch behind the Visitor's Center and was informed that work will be done the later part of the week. Engineer Keogh mentioned some land that might be donated to the City for a park. It is about 2 acres along Pack Creek in a flood zone. Councilman Brewer reported he had received DOG PROBLEMS IN TRAILER calls regarding a dog problem in trailer courts. COURTS As it is private property, animals cannot be picked up. He asked the Administrator to look into the matter and see what could be done. The Council discussed the problem at some length. Councilman Neal yielded his time to Frank Rose- FRANK ROSEMAN, CHAIRMAN man, Chairman of the Swim Pool Committee. Mr. OF SWIM POOL COMMITTEE Roseman reported on the progress and activities APPEARS of the committee. He stated they are in contact with a civil engineer who will draw up plans for about 3% of the total cost. The Committee will be meeting with the engineer in about two weeks. The Council discussed several aspects of the pool with Mr. Roseman. Administrator Hollowaty suggested the Committee see about purchasing the pool plans submitted by Aqua -Tech rather than spending several thousand having an engineer draw up new plans. Councilman Neal requested the Committee set a date for the Committee's final recomendations. The Committee is to report back to Council at the November 16, 1982 meeting. 314 FIXED ASSET AUDIT CODE BOOK CODIFICATION PROPOSALS HEFNER ARRIVES REGULAR MEETING DAY CHANGED DUE TO ELECTION REQUEST TO NAME PARK IN HONOR OF LATE LES ERBES REQUEST FOR TRAVEL FOR FINGERPRINTING SCHOOL FOR COURSEY HEFNER LEAVES MEETING Councilman White reported he had attended a meeting on antiipornography regarding cable television. The groups efforts will be directed toward legislature rather than the City. Mayor Stocks questioned the Administrator re- garding the fixed asset audit. Mr. Hollowaty stated the audit should be completed within three weeks. Mayor Stocks stated that the CPA office could provide help to get the audit completed sooner. Administrator Hollowaty stated he did not see the need for additional help. Administrator Hollowaty opened proposals from three companies for codification of the City Code Book. The first proposal was from Coded Systems Corporation in New Jersey for 83" X 11" pages, $17.00 per page and for 6" X 9" pages, $18.00 per page with map pages $8.00 per page. The second proposal was from Municiple Code Corporation of Tallahassee, Florida who bid $12,000 up to 600 pages. The third proposal was from Book Publishing Company of Seattle, Washington with a price of $15.00 per page. All proposals were for a minimum of 50 copies. Administrator Hollowaty suggested he and At- torney v Mortensen review the proposals. Attorney Mortensen suggested they also meet with Hank Ruggeri, as he was involved in the last codifi- cation. Mayor Stocks stated he would entertain a motion to table the matter until after the meeting with Mr. Ruggeri. Councilm.- Tomsic so moved and Councilman White seconded the motion, which carried unanimously. Councilman Hefner arrived at this point. (8:45 P.M.) Due to November 2, 1982 being Election Day, it was necessary to change the Council meeting day. Mayor Stocks said he would entertain a motion to hold the meeting on Wednesday, Novem- ber 3, 1982. Councilman White so moved and Councilman Neal seconded the motion, which carried unanimously. The Council generally agreed that some City facility should be named in honor of the late Les Erbes but felt it should be a new project, such as the Rotary Park, as Mr. Erbes was in- strumental in forming the Rotary Club. Council- man White is a member of Rotary and he will present the matter to them as they have a board meeting this coming Friday. Councilman White will report back to the Council regarding the Rotary Club's decision. Administrator Hollowaty presented a request for travel for a one week fingerprinting school to be held in Salt Laqke City on November 29 through December 2, 1982. The total cost of the course will be $125.00. Chief Stiles ex- plained the schooling was lengthy as it will deal with primarily fingerprint classification. As the travel for Sergeant Coursey is in -state, no action was necessary. Councilman Hefner asked for a point of personal priviledge at this point as he had business to attend to. (8:59 P.M.) 31 r� Councilman White moved the bills be nai.d in APPROVAL OF THE BILLS the amount of $77,135.37. Mayor Stocks question- ed Item #10, Burroughs. AUMinrstrator Hollowaty responded that the bills included the Chicago schooling for Coursey and McLeod and also the on -site three day schooling on operations. Councilman Tomsic questioned Item #17, Clear Day Window in the amount of $60.00. Adminis- trator Hollowaty stated the amount was for carpet cleaning due to a sewer backup, ,and Kitty Kelling of the City's insurance company stated the insurance company would reimburse the City. The Council felt the matter should be submitted to the insurance company for pay- ment. Councilman White amended his motion that the bills be paid in the amount of $77,075.37. The motion was seconded by Councilman Neal and carried unanimously. As Al Anderson of James M. Montgomery Consulting EXECUTIVE SESSION Engineers had not arrived, Councilman Neal Cn moved the Council adjourn to Executive Session C CD as requested by Attorney Mortensen to discuss L.) pending litigation. Councilman Brewer seconded DO the motion, which carried unanimously. Council W adjourned to Executive Session at 9:12 P.M. The Council returned to Regular Session at RETURN TO REGULAR 9:30 P.M. No action was taken as a result of SESSION the Executive Session. Engineer Al Anderson appeared before Council SEWER TREATMENT PLANT to present a preliminary design report on the EXPANSION - AL expansion program. He recommended the improve- ANDERSON APPEARS ments be split into two phases to deal with the long term needs. Completion of Phase I would allow for 1,000 new connections, which would provide adequate service through 1988. The first phase would cost about $354,000.00 of which Spanish Valley Water and Sewer Improve- ment District would pay $200,000.00. District spokesman Dan Holyoak explained that the City would have to agree to the timetable included in the preliminary report for implementing the improvements in order to release funds for the sewer project held by Farmers Home Administration. If this timetable is accepted, Mr. Anderson said, the sewage plant improvements could be completed about the same time as the Spanish Valley sewer project in October of 1983. Council members agreed to study the report and reach a decision on the proposed timetable by the next meeting on November 3, 1982. Council- man Tomsic moved the Council keep to the propos- ed timetable and table the matter until the next meeting. Councilman White seconded the motion, which carried unanimously. Councilman Tomsic moved to adjourn the meeting. ADJOURNMENT The motion was seconded by Councilman Neal and carried by unanimous consent. The meeting adjourned at 10:58 P.M. ATTEST: APPROVED: omas A. Socks, Mayor strator/Recorder 316 REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT COUNCIL REPORTS Progress on Kane Creek Water Line Complaints regarding leaves in gutters Request to Rotary Club to name park in honor of Les Erbes Atlas lay-off CITY COUNCIL November 3, 1982 A specially scheduled regular meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Councilmen Brewer, Neal, White, Tomsic and Hefner. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, Captain Ison, Secretary Rees, the Media and 26 citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman White lead the Pledge of Allegiance and Councilman Neal gave the Invocation. Councilman Brewer made a correction on page three under Sewer Treatment Expansion reading "The first phase would cost about $354,000, to be split between the City and Spanish Valley Water and Sewer Improvement District". It should read "The first phase would cost about $354,000; the District will be paying $200,000 and the City paying the balance". Councilman White made a correction on the same page under the Regular Session, reading "No action was taken in the Executive Session". It should read "No action was taken as a result of t''- Executive Session". Councilman Brewer moved the minutes be approved as corrected. Councilman Neal sec- onded the motion, which carried unanimously. Administrator Hollowaty commented on the large voter turnout and thanked County Clerk Bobbie Domenick for her help in the election. He also stated he had made an appointment to the posi- tion of caretaker of the Old City Park of Ellen Robertson. Councilman Brewer stated he would like the Animal Control Facility issue on the agenda for November 16, 1982. Councilman Neal asked if City Employees each had a copy of the Personnel Manual. Administra- tor Hollowaty informed him the manual could be checked out, but only department heads had a copy. Councilman Hefner questioned the progress of the Kane Creek water line and asked for a com- pletion date. Administrator Hollowaty informed him it would be done as soon as the City crew could get to it, as there have been a number of water breaks and other problems. Councilman Tomsic stated she had received com- plaints regarding the leaves in the gurrers. Administrator Hollowaty mentioned the street sweeper had been broken down. Councilman White informed the Council he had presented the request to the Rotary Club to name the Rotary Park in honor of the late Les Erbes. He stated the Board of Directors wanted to check with the donor of the land before any decision can be made. The mattel'will remain tabled until further word from the Board of Directors of Rotary Club. Mayor stocks mentioned Michael Drozd, manager of Atlas Minerals Moab Operation had been in to inform him 110 people were laid off at Atlas. 317 Councilman Tomsic moved the Council approve APPROVAL OF SEWAGE Phase I of the Sewage Treatment Plan and proceed TREATMENT PLAN - with Phase II and adhere to the timetable there- PHASE I in. Councilman White seconded the motion. There was some discussion regarding state require- ments. The motion carried unanimously. Administrator Hollowaty reported that he had SPANISH VALLEY WATER met with Attorney Mortensen to go over some AND SEWER MAINTENANCE of the changes recommended in the Agreement AGREEMENT and had made some changes. The agreement now goes to Attorney Snow. Attorney Mortensen stated Farmers Home Administration wanted to approve the agreement before the City enters into it. Council requested copies of the new agreement before Wednesday, November 10, 1982, as the District is meeting then. The Council discussed how to handle the problem DOG PROBLEM IN TRAILER with dogs in trailer courts as trailer courts COURTS are private property. Councilman Brewer stated the owner of Holiday Haven was the only comp- 00 plaintant. Councilman Hefner stated the problem was not with dogs owned by residents of the U courts, but with animals coming in from outside. W Attorney Mortensen stated he did not feel the W City should have to draw up rules, but could consult with the trailer court owners. It was moved by Councilman Hefner to assist the court owners and provide them with the services they are entitled to and have the Administrator review with Attorney Mortensen their agreement regarding animals. Councilman Brewer seconded the motion, which carried unanimously. Councilman White moved the bills be approved APPROVAL OF THE BILLS in the amount of $9,452.84. Councilman Neal seconded the motion, which carried unanimously. Councilman Neal moved to adjourn the meeting ADJOURNMENT and the motion was seconded by Councilman Neal. The meeting was adjourned at 8:37 P.M. by unani- mous consent. APPROVED: Thomas A. Stocks, Mayor ATTEST: Ma Hollowaty, Administrator/Recorder CITY COUNCIL November 9, 1982 A special meeting of the Moab City Council SPECIAL MEETING AND was held in the Conference Room of City Hall ATTENDANCE on the above date. The purpose of the meeting was to canvass the ballots from the recent election. Attending were Councilmen Brewer, Neal, White, Hefner and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Captain Ison, Treasurer McLeod, Building Inspec- tions Secretary Price, Streets Leadworker John- son, Secretary Rees, the Media and 2 citizens. 318 CANVASSING OF THE BALLOTS Mayor Stocks called the meeting to order at 8:00 P.M. and Councilman white gave the Invoca- tion. Administrator Hollowaty opened each of the districts ballot boxes and gave the totals for each district. The district totals are as follows: District 5 received a total of 552 ballots of which 240 were for the ordinance change, 305 against the change, 6 no votes and 2 spoiled ballot. District 1 had a total of 474 ballots of which 227 were for the ordin- ance change, 241 against and 6 unmarked. Dis- trict 4 had a total of 463 ballots of which 190 were for the ordinance change, 269 were against and 4 yes votes. District 2 had a total of 17 ballots cast of which 20 were for the ordinance change and 7 were against. District 3 had a total of 713 ballots cast of which 254 were for the ordinance change and 459 were against. The total votes cast for the ordinance change were 925 and the total votes against the change were 1,281 with a total of 24 ballots spoiled. Councilman Tomsic moved to accept these figures as the official count. The motion was seconded by Councilman Neal and carried unanimously. SWIM POOL RENOVATION Administrator Hollowaty stated he and other members of the Council had met with Mr. Frank Roseman and the engineer the Swim Pool C_ aittee had located. The engineer stated he would draw up new plans for the pool for $2,500 and serve as inspector for an additional $2,500, or the City could purchase the pool plans from Aqua - Tech and the engineer would still act as the inspector for $2,500. Administrator Hollowaty stated he was unable to get in touch with Mr. Fred Connally of Aqua -Tech to secure a price n the plans. He further stated the City Build- ing Inspector was qualified to inspect all phases of the renovation except the gunnite and that he could be schooled in that area. There was some discussion amoung the Council. Councilman White moved the matter be tabled until the next regular meeting. The motion was seconded by Councilman Neal and carried unanimously. SPANISH VALLEY WATER The Council questioned Administrator Hollowaty AND SEWER MAINTENANCE as to the changes that had been made in the AGREEMENT agreement 'and made 'some additional changes they felt necessary. Councilman White moved the agreement be accepted as changed to be presented to the Spanish Valley Water and Sewer Improvement District on the evening of November 10, 1982. The motion was seconded by Councilman Tomsic and carried unanimously. ADMINISTRATIVE Administrator Hollowaty stated he had two plans RE -ORGANIZATION concerning re -organization within the Adminis- trative and Police Departments. City Treasurer Barbara McLeod presented the plan for Adminis- tration.;Seh stated her- plan was to re -organize the city office structure and create the office of Director of Finance to oversee all financial operations of the City both incoming and out- going. She also stated she felt a need for more than one person to know the functions, such as payroll. She expressed concern that there are people working long, hard hours and other people that do not, in her opinion, have enough to do to keep them busy and that the busiest people are not compensated for the amount of work they do. The plan she presented is to divide the jobs of the Deputy Treasurer 319 between the four existing employees and to ADMINISTRATIVE even the pay scale. Treasurer McLeod further RE -ORGANIZATION stated she was asking for the position of Dir- CONTINUED ector of Finance and the plan would save the City approximately $586.00 per month. The re- organization was further outlined and discussed The Council requested organizational charts and job descriptions and wage scale to further inform them of the re -organization. Councilman White moved the matter be put on the agenda for the next meeting. Councilman Neal seconded the motion, which carried unanimously. , Administrator Hollowaty stated it would be POLICE DEPARTMENT his recommendation that the City adhere to RE -ORGANIZATION their policy of promoting from within and pro- mote Dan Ison as Chief of Police on a permanent basis. There was some discussion amoung the Council. Administrator Hollowaty also mentioned a re -organization of the Police Department and Captain Ison explained the re -organization. He stated the benefits would include the abol- ishment of one of the administrative positions WZ'� and a two -team work schedule, thereby saving a great deal of overtime and also giving a W training day each week. Captain Ison also stated the department is over -burdened with supervision during the daytime and there is none for the night shift. With the re -organization, there will be a supervisor on duty 18 hours a day. The Council agreed to hold an Executive Session at the November 16, 1982 meeting to further discuss the re -organization and salary levels. Councilman Neal moved to review the matter during Executive Session and to promote from within a Chief of Police according to the organ- izational chart. The motion was seconded by Councilman Tomsic and carried unanimously. Councilman White moved the meeting be adjourned ADJOURNMENT and Councilman Neal seconded the motion, which carried by unanimous consent. The meeting was adjourned at 9:50 P.M. ATTEST• APPROVED: homas A. Stocks, Mayor mini _--r or/Recorder 320 REGULAR MEETING AND ATTENDANCE CITY COUNCIL November 16, 1982 A Regular Meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen White, Brewer, Neal, Hefner and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Captain Ison, Secretary Rees, the Media and 18 citizens. Mayor Stocks called the meeting to order at 8:00 P.M. and Councilman White lead the Pledge of Allegiance and Councilman Neal gave the Invocation. APPROVAL OF THE Councilman White made a correction to the min - MINUTES utes of November 3, 1982 meeting on page 1, first paragraph: the names were reversed. He also made a correction on page one, last para- graph with the addition of "to the Rotary Club". Councilman Brewer moved the minutes be accepted as corrected. Councilman Neal seconded the motion, which carried unanimously. As there were no corrections to the minutes of the Spec- ial Meeting of November 9, 1982, Councilman White moved they be approved as stated. Council- man Tomsic seconded the motion, which carried unanimously. ADMINISTRATOR'S REPORT Administrator Hollowaty mentioned several items. He stated the street department is cleaning the leaves from the streets, the Spanish Valley Water and Sewer Improvement District approved the maintenance agreement with the changes made by Council and forwarded the agreement to Farmers Home Administration; the Aqua -Tech Pool plans can be purchased for $3,500.00; and he had accepted the withdrawals of Roger and Karen Coursey's resignations. He also men- tioned advertising for re -zoning of cottonwood Subdivision and holding a public hearing regard- ing the matter at the December 7, 1982 meeting. Lastly, Administrator Hollowaty mentioned a problem with the Elk's Club licenses and turned to Attorney A. J. Coffman for explan- ation. ELKS CLUB LICENSES LEE LOVERIDGES FENCE Attorney A. J. Coffman- stated that pending approval of a private club license by the Utah Liquor Commission, the lodge's facilities must be operated as a profit -making corporation known as Elkhorn Restaurant, Inc. which will lease the club's facilities until the approval is received from the Liquor Commission, when the non-profit corporation will take over. Elkhorn Restaurant Inc. consists of three club members and the operation will remain a private club. The Council could not take any action on this matter, as it was not on the agenda; however, as the organization has held a license this year and needs the licenses to conduct their charity work, the Council agreed to hold a special meeting on Wednesday, November 17, 1982 at 7:30 P.M. in the City Hall Conference Room for the purpose of issuing an interium license. Engineer Keogh mentioned Ms. Lee Loveridge's rock wall that was damaged during the re -surfac- ing of Mill Creek Drive approximately two years ago. He stated he felt the City had an obliga- tion to repair the wall. Councilman Tomsic mentioned the fence was not built according 32t to specifications and no permit was issued prior to building the fence. The Council discus- sed the problem and requested Administrator Hollowaty to research the matter. Attorney Mortensen stated there seemed to be some confusion as to whether matters should go to the Board of Adjustments or the Planning commission and asked if the Council would like him to issue a memo of general guidance to help clarify which matters should go where. The Council agreed there was a great deal of confusion. It was also mentioned that the work- shops the Planning Commission is requesting would help the Building Inspector in making a decision on which entity should hear which matters. Councilman White stated that, as the City had donated such a large amount to the Senior Citi- zens Center that the Council should assert their opinions regarding the selection of con- tractors, etc. Councilman Brewer stated he felt Councilman White was out of order, as the City donated the funds but the County Com- mission makes the decisions regarding the build- ing of the center. Mayor Stocks questioned Administrator Hollowaty as to who's authority the City was granted a holiday on October 11, 1982. Administrator Hollowaty stated that all Council members were polled and the vote was four members for and one, Councilman Hefner, against. Councilman Tomsic stated she felt the City should adhere to the holidays as set forth in the Personnel Manual. Administrator Hollowaty informed the Council he had been contacted by the Swim Pool Commit- tee Chairman's wife who informed him Mr. Roseman would be late. The Council moved to the next item on the agenda. Administrator Hollowaty read a letter from Acting Chief of Police Ison stating the depart- ment had attempted to obtain estimated costs for building a new holding facility and had only received two responses. The first estimate was $36,300 and the second estimate, $48,000. The Council discussed the problem and alterna- tives. Councilman Tomsic moved the Animal Hold- ing Facility matter be tabled indefinitely. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty stated he had met with Attorney Ruggera_ and Judge Crist regarding the status of the City Code Book. He recommends the City have the analysis done to prevent conflicts with the State Code and do the codifi- cation ourselves. The cost of analysis only would be $1,500.00. He further stated there are several cities in Utah that have used this service and he will check with them. The Council discussed the main problem areas of our City Code. Councilman Brewer moved the Administration office update the City Code. Councilman Hefner seconded the motion, which carried unanimously. As Jimmie R. ning Commis Mayor Stocks that vacancy the Mayor's seconded the Walker's appointment to the Plan- sion expires November 20, 1982, presented Jim Englebright to fill . Councilman Tomsic moved to accept recommendation. Councilman Brewer motion, which carried unanimously. COUNCIL REPORTS REPORT FROM SWIM POOL COMMITTEE CHAIRMAN STRICKEN DISCUSSION OF ANIMAL HOLDING FACILITY CODIFICATION OF CITY CODE BOOK JIM ENGLEBRIGHT APPOINTED TO PLANNING COMMISSION 322 DISPOSITION OF UNIFORM Administrator Hollowaty informed the Council ALLOWANCES FOR PAST that prior employees still have monies in the EMPLOYEES unform fund and asked how the Council would like to dispose of the monies. Councilman White moved the monies be returned to General Fund and written off, as 'directed by our auditing firm. Councilman Tomsic seconded the motion, which carried unanimously. The first item for final approval was a Condi- tional Use Home Occupation for Bette L. Stanton to do general business assistance and secretar- ial work. Ms. Stanton appeared before Council to explain what she will be doing. Councilman Brewer moved the Council approve the Conditional Use Home Occupation for Bette Stanton. Council- man Neal seconded the motion, which carried unanimously. Frank and Roxie Fossey The second item,for final approval was a request to place a mobile home on a residential lot for a period of six months byFrankand Roxie Fossey. There was some discussion among the Council as to whether this matter should have gone before the Board of Adjustments. Mr. Fossey appeared before Council and stated one of the restrictions set forth by the Planning Commis- sion was that the lot be cleared of old vehicles and junk before the permit to move the mobile home on is issued. Councilman Hefner moved the Council allow Mr. Fossey to move the mobile home on the residential lot for a riod of six months. The motion was seconded by Council- man Neal. Councilman Hefner commented that allowing the -mobile home to be moved onto the lot will help clean the lot and also assist Mr. Fossey in his financial problems. Councilman Brewer stated he felt a precedence would be set by allowing the mobile home to be placed on the lot. The matter was further discussed by Council and Attorney Mortensen. Mrs. Doris Buchanan also appeared before Council stating she felt there comes a time when you have to help others out. After a great deal of discus- sion, the vote was taken by a show of hands. Councilmen Hefner, White and Neal voting in the affirmative and Councilmen Tomsic and Brewer.. being opposed. The motion carried by a majority vote. APPROVAL OF PLANNING COMMISSION ACTIVITIES Bette L. Stanton Planning Workshops The last item from the Planning Commission approved was a request by the Commission to hold planning workshops through the University of Utah in Moab, possibly before Christmas. The Council expressed interest in the workshops. Councilman Neal moved to proceed with the workshops in Moab. The motion was seconded by Councilman Brewer and carried unanimously. Administrator Hollowaty will select six programs of interest for the workshops. CITIZENS APPEAR CITIZENS APPEAR BEFORE COUNCIL: Mr. Don Knowles BEFORE COUNCIL appeared before Council to express his apprecia- tion of Dr. Hoffman, saying he felt we were fortunate to have a man of his knowledge in Moab and that'we should give him our support. APPROVAL OF THE BILLS APPROVAL OF THE BILLS: Administrator Hollowaty mentioned the auditors have recommended that one member of Council also sign authorization of the bills individually. Councilman White stated he felt it would be a good idea for each member to look over the bills: Councilman _ White moved the bills be authorized for payment in the amount of $42,198.76. The motion was seconded by Councilman Neal and carried unani- mously by roll -call vote. 32 M O U W W ADJOURN TO EXECUTIVE SESSION: Councilman Hefner moved the Council adjourn to Executive Session to discuss Police Department reorganization and salaries, the appointment of a Chief of Police and the Chief of Police contract with Les Stiles. The motion was seconded by Council- man Neal and carried unanimously. The Council adjourned to Executive Session at 9:40 P.M. The Council returned to Regular Session at 11:05 P.M. Councilman Brewer moved to accept the Police Department organizational chart as submitted. Councilman Tomsic seconded the motion, which carried by majority, Councilman Hefner voting no. Councilman Hefner moved to pursue the terms of the Chief of Police contract with Les Stiles. The motion was seconded by Councilman Neal and defeated by a majority vote, Councilmen Hefner and Neal voting in the affirmative and Councilmen White, Tomsic and Brewer voting in the negative. Councilman Tomsic moved to accept Mayor Stocks recommendation and appoint Daniel K. Ison as Chief of Police at Grade 22, Step 2. The motion was seconded by Councilman Hefner and carried unanimously. Councilman Neal moved the meeting be adjourned and Councilman Hefner seconded the motion, which carried unanimously. The meeting was adjourned at 11.21 P.M. ATTEST: APPROVED: Thomas A. Stocks, Mayor owaty, City A nistrator/Recorder CITY COUNCIL November 17, 1982 A specially called meeting of the Moab City Council was held in the Conference Room of City Hall on the above date for the purpose of approving a cabaret license for Elkhorn Restaurant, Inc. Attending were Councilmen Neal, White, Hefner, Brewer and Tomsic. Also attending were Attorney A. J. Coffman (for Elkhorn Restaurant, Inc.) and Secretary Rees. Councilman Tomsic called the meeting to order at 7:31 P.M. Councilman Hefner moved Councilman Marjorie Tomsic act as Mayor Pro Tem as Mayor Stocks was out-of-town. The motion was seconded by Councilman Brewer and carried unanimously. ADJOURN TO EXECUTIVE SESSION RETURN TO REGULAR SESSION ACCEPTANCE OF P.D. REORGANIZATION LES STILES CONTRACT WILL NOT BE PERSUED DANIEL K. ISON APPOINTED CHIEF OF POLICE ADJOURNMENT SPECIAL MEETING AND ATTENDANCE COUNCILMAN TOMSIC MAYOR PRO TEM 324 APPROVAL OF LICENSES FOR ELKHORN RESTAURANT, INC. ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT City's Mobile Home Ordinance adoptedhby other Utah Cities Christmas Lights As the matter had been discussed at last night's meeting, Councilman White moved the Council authorize the issuance of cabaret and beer licenses to Elkhorn Restaurant, Inc. conditional upon the Police Department's approval to be granted on a temporary basis. The motion was seconded by Councilman Neal and carried unani- mously. As there was no further business to come before this session of the City Council, Councilman Neal moved the meeting be adjourned. Councilman Brewer seconded the motion, which carried unani- mously. The meeting was adjourned at 7:44 P.M. APPROVED. Mar �o i Toirle. msic Mayor Pro Tem ATTEST: Mark Hollowaty City Administrator/Recorder CITY COUNCIL December 7, 1982 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen Brewer, Hefner, Neal, White and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, City Attorney Mortensen, Chief Ison, City Auditor Dave Adkison, Swim Pool Chairman Frank Roseman, Secretary Rees, the Media and 7 citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman Brewer lead the Pledge of Allegiance and Councilman Neal gave the Invoca- tion. Councilman White supplied the names of the Councilmen who gave the Pledge and Invocation and Councilman Tomsic made an addition on page three, last paragraph of "for a period of six months". Councilman Tomsic moved the minutes of November 16, 1982 be accepted as corrected. Councilman White seconded the motion, which carried unanimously. Councilman White moved the minutes of the Special Meeting of November 17, 1982 be accepted as presented. Councilman Tomsic seconded the motion, which carried unani- mously. Administrator Hollowaty commented that he had spoken with Ed Short of the State Department of Business Regularions regarding the City's Mobile Home Ordinance that has been adopted by at least ten Utah cities. The Administrator also mentioned a problem with installing plug - ins on the street light poles to light the Christmas lights. If it is done that way, the Christmas lights would remain on 24 hours a 325 day. The Council discussed the problem and TRAVEL COUNCIL (CONT.) instructed Mr. Hollowaty to get more information and costs from Utah Power and Light. The last item Administrator Hollowaty mentioned was that the City's casualty insurance has to be bid out yearly by State Law. He stated the City would have to get a 90 day extension on our present policy, which expires December 31, 1982, in order to allow time for the bidding procedure. Councilman Neal reported on a problem on Chinle COUNCIL REPORTS regarding a shared streetlight. The Council felt the light was on private property and the owners should contact the power company. Councilman Hefner reported he had been contacted regarding the painting of crosswalks on First West. He also reported he had been contacted by a party on Bartlett Street regarding over- charge on water bills and asked if the bills G could be pro -rated or somehow adjusted. Council- man Hefner was informed the customer should make a formal request. DJ DJ Councilman Tomsic reported that a 6 inch water line has been uncovered in the Arches Subdivi- sion and a manhole removed. Administrator Hollo- waty stated he would see to the matter. Councilman White reported he had been contacted by a City employee regarding moving outside the City limits. It was decided the matter could be handled through his supervisor. Engineer Keogh mentioned there will be land in excess of the 60 ft. roadway for the proposed Williams Way and an adjoining property owner is interested in obtaining 15 feet on the east and 5 feet on the west as soon as possible to build a garage. He asked if he prepared a description of the land in question if the Council would release the land. The Council discussed the matter, but no decision was made. Engineer Keogh also mentioned the 12 inch water line that goes across Neldon Lemon's property near the BLM may have to be moved if Mr. Lemon gets the bid on the construction of the new building. Engineer Keogh also questioned the Council regarding what amount to charge for copies of the utility maps. Engineer Keogh stated that, as he made the prints, any monies collected would not be realized by the City. Mayor Stocks reported he had attended a meeting of the Travel Council and a meeting of the Economic Development Board regarding community development. Administrator Hollowaty explained the rezoning PUBLIC HEARING - had been brought up before Council three years COTTONWOOD SUBDIVISION ago but no public hearing was held. Councilman REZONING Brewer was a member of the Planning Commission at that time and stated all that was necessary was to give approval. He moved the Council accept the rezoning of Cottonwood Subdivision as recommended by the Planning and Zoning Comm- ission. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. 326 REPORT FROM SWIM POOL COMMITTEE CHAIRMAN ROSEMAN TRAVEL COUNCIL MAINTENANCE AGREEMENT PRELIMINARY AUDIT REPORT PROPOSED RIDE -ALONG PROGRAM WITH POLICE DEPARTMENT Committee Chairman Frank Roseman appeared before Council to report on the committee's activities. He stated he had contacted several pool com- panies and was told that the lack of specifica- tions made it difficult to bid. Administrator Hollowaty commented that the bid was sent out as a design and construction bid. Councilman Hefner maintained that the bid was not sent out as a competitive bid. There was a great deal of discussion as to whether the City should purchase the plans from Aqua -Tech and put the pool out to bid again or award the bid to Aqua - Tech. Administrator Hollowaty mentioned that Aqua -Tech would use local people in all areas of construction except the gunite spraying. After futher discussion, Councilman Brewer moved the Council accept the bid from Aqua -Tech in the amount of $221,000.00. The motion was seconded by Councilman Tomsic, but was ruled out -of-order by Mayor Stocks as final action on committee reports must be deferred to the next regular or special meeting. Councilman White then moved the matter be tabled until the next regular meeting. Councilman Hefner seconded the motion, which carried unanimously. Administrator Hollowaty stated he had been contacted by the Travel Council regarding what percentage of the maintenance person's wages the City would pay. The agreement with the Travel Council does not provide for payment of any wages. The Council diaciwed....,e; agree- ment at some length and it was decided the Administrator would contact the Travel Council and advise them to send their bill as usual and the matter will be addressed when the bill is received. David Adkison of the CPA firm Claus and Adkison appeared before Council to give a preliminary audit report on the City Audit. He told the Council all aspects ,of the audit are completed with the exception of the fixed asset accounting which should be completed by members of the City staff during the next two weeks. Mr. Adkison stated that the City is in good shape and that the internal control procedures are working well. He made several recommendations, including that the city terminate expenditures at the end of the fiscal year; a central budget file be created for all budget information; and that the City not authorize advances for, employee travel. He also urged the Council to rev iew ordinances after they are passed, to make "sure the intent is clearly defined. He also suggested that collections in the spec- ial assessments be turned over to the City' Attorney, as the fund contains $20,000 that could be used for other purposes. Mr. Adkison advised the Council that the final audit report should be ready for review by the Council at its next meeting, December 21, 1982. Chief Ison presented a proposal for a ride -along program for the Police Department. Under the proposal, citizens 14 years or older would be able to ride -along with a police officer on patrol at specified times to learn about department operations and gain perspective on the police officer's job. He proposed a list of stipulations for the program and a release of liability. Applicants would be allow- ed to ride up to three times a year. The Council indicated that they would favor such a program, provided the City Attorney review the proposal, The proposal was referred to Attorney Mortensen for his review. 327 Chief Ison stated he would recommend the license BEER LICENSE FOR be issued contingent on the fingerprint check RICHARD R. ROSE DBA coming back alright, although Mr. Rose is not GOLDEN STAKE RESTAUR- a resident of Moab. Upon further discussion, ANT TABLED Chief Ison stated he felt the licensing proced- ure should be examined by Council to see if it can be made more workable. Councilman Tomsic stated she felt the Council needed more inform- ation before they could act on the license and moved the mattet be tabled until the facts are known. Councilman Neal seconded the motion, which carried unanimously. There was also some discussion on revising licensing statutes. Mayor Stocks asked that Chief Ison, Attorney Mortensen and Administrator Hollowaty meet to review the licensing statutes and applica- tion. Administrator Hollowaty stated that situations REVIEW OF ANIMAL have come up lately where individuals cannot PICKUP POLICY FOR pay the $25.00 pickup fee to retrieve their HARDSHIP CASES m animals. He suggested allowing persons with 0 a true hardship to work off the pickup fee 1-4 at the rate of $4.00 per hour. Dr. Hoffman appeared before Council and expressed his con- G1.1 curance with the idea, stating he felt certain W individuals needed the option of working the pickup fees off, rather than paying cash. The Council expressed interest in the proposition and discussed the matter. Councilman Brewer moved to allow pickup fees to be worked off for hardship cases one time only. Councilman Neal - seconded the motion, which carried unani- mously. Administrator Hollowaty asked Council's con- CLASSIFICATION CHANGE sideration for a classification change in the FOR SHIRLEY LAMMERT, Utilities Department. The shop clerk, Shirley SHOP CLERK Lammert, is currently also doing the work of the Utilities Coordinator. Administrator Hollo- waty recommended the two positions be combined at a rate of compensation of the Utilities Coordinator at a Grade 12, Step 1. Ms. Lammert is currently at a Grade 6, Step 3. There was some discussion regarding the duties performed by Ms. Lammert. Mayor Stocks pointed out that her supervisor recommended a Grade 10, Step 1 increase. Administrator Hollowaty mentioned there was an additional problem, which he dis- cussed with Attorney Mortensen and asked that Council forego a decision until after the Execu- tive Session. Councilman White seconded the motion, which carried unanimously. Administrator Hollowaty recommended that the CONSIDERATION TO Council consider delaying work on Williams PUT WILLIAM'S WAY Way until the spring to better ascertain the OUT TO BID City's financial situation. Mayor Stocks stated that the money for construction of the road had been allocated in the 1982 budget and fur- ther stated the City might be able to obtain the fill dirt at a reduced rate, due to the depressed economy. Engineer Keogh stated that the fill dirt should be compacted as soon as it is delivered. After a discussion, Councilman Tomsic moved to table the bidding on Williams Way. Councilman Hefner seconded the motion, which carried unanimously. Councilman Tomsic questioned Item #41, Moab APPROVAL OF THE BILLS Farm Store in the amount of $251.53. There was some discussion regarding the number of ducks and geese at the Old City Park and the possibility of reducing the flock. Councilman Brewer moved the bills be paid in the amount 328 of $58,669.04. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. ADJOURN TO EXECUTIVE Councilman Neal moved the Council adjourn to SESSION Executive Session and the motion was seconded by Councilman White. The motion carried by unanimous consent, and the meeting was adjourned to Executive Session at 12:08 A.M. RETURN TO REGULAR Council returned to Regular Session at 12:40 SESSION A.M. on a motion by Councilman Brewer and a second by Councilman Tomsic. SHOP CLERK/UTILITIES Councilman Tomsic moved the Shop Clerk position COORDINATOR POSITIONS be combined with the Utilities Coordinator COMBINED AT GRADE 12, position and the salary set at Grade 12, Step STEP 1 1 and the employee, Shirley Lammert, be evalu- ated at the end of a six month period. The motion was seconded by Councilman White and carried by a majority vote, Councilman Hefner voting no. ADJOURNMENT Councilman Neal moved the meeting be adjourned with Councilman Tomsic seconding the motion. The meeting was adjourned at 12:48 A.M. by unanimous consent. WORKSHOP SESSION AND ATTENDANCE DISCUSSION OF SWIM POOL BIDS, ETC. ADJOURNMENT APPROVED: Thomas A. 'tots k Mayor ATTEST: Mar Hollowaty City Administrator/Recorder CITY COUNCIL WORKSHOP SESSION December 17, 1982 A workshop session of the Moab City Council was held on the above date in the Conference Room at City Hall. Attending were Councilmen White, Neal, Hefner, and Brewer. Councilman Tomsic arrived late. Mayor Stocks called the meeting to order at 7:07 P.M. The purpose of the meeting was to discuss the swimming pool plans and specifications as here- tofore submitted to the City. Three sets of drawings were received recently from Aqua -Tech Pools, Rocky Mountain Pools and Curtis Engineer- ing. Discussion ensued concerning future course of action by the City. All action and decisions were postponed to the next regular meeting. Councilman Brewer moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned at 8:10 P.M. APPROVED: Q �'fhomas A. Stocks, Mayor 329 CITY COUNCIL December 21, 1983. A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, White and Tomsic. Council- man Brewer was absent and Councilman Hefner arrived at 8:20 P.M. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Ison, Auditor David Adkison, Secretary Rees, the Media and 10 citizens. Mayor Stocks called the meeting to order at 8:02 P.M. Councilman Neal lead the Pledge of Allegiance and Council- man White gave the Invocation. Mayor Stocks recommended to the Council that TIMES SET FOR AGENDA times be set for beginning certain items on ITEMS M the agenda, in order to move the meeting along CD quicker. He asked the Council reports be finish- ed by 8:15 P.M., the bid opening be completed by 8.25 P.M., and the decision on the swim W pool facility be completed by 8:35 P.M. Council- man Tomsic so moved with Councilman Neal second- ing the motion, which carried unanimously. Councilman Tomsic made a correction on page APPROVAL OF THE one, last paragraph of the minutes of the meet- MINUTES ing of December 7, 1982. She stated it was not a manhole cover, just a manhole and asked that "cover" be deleted. Councilman Neal moved the minutes of the December 7, 1983 meeting be approved as corrected. Councilman White seconded the motion, which carried unanimously. Councilman White moved the minutes of the work- shop session of December 17, 1983 be approved as stated. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty reported on several ADMINISTRATOR'S REPORT items. He stated he had contacted the City's insurance carrier regarding the damage to Lee Loveridge's fence and was informed that two prior claims had been submitted to the company and both were denied, due to the manner of construction. He advised that the City do noth- ing regarding the fence. Administrator Hollowaty reported that the Old City Park has 26 ducks and geese and recommended to the Council that 'he number be trimmed to 12. He further stated the others could be donated to charitable organ- izations to be given for Christmas dinners. Councilmen Neal and Tomsic stated they were in favor of donating the fourteen extra. Mr. Hollowaty also informed the Council the ducks and geese are fed dog food and explained the reason for the high feed bills as being a delay in the feed supplier's billing process. The third item Mr. Hollowaty reported on was two letters of appreciation received by Chief Dan Ison. The first letter was from Warren Carr, location manager of Zone Productions and the second was from Marsha Christensen of Four Corners Comprehensive Community Mental Health Center regarding Detective Rich Haycock's pre- sentation at a recent Teen Alcohol and Drug School. Administrator Hollowaty also stated he had received very good comments concerning Officer Brian Ballard's presentation at the Shoplifting Seminar for Moab business people and also at the Chamber of Commerce. Adminis- trator Hollowaty stated there was danger of losing the CAB airline proposal due to politics in Washington and asked that anyone with influ- 330 ADMINISTRATOR'S REPORT CONTINUED HEFNER ARRIVES COUNCIL REPORTS BID OPENING - WATER PIPE ence write to CAB in Washington to ask them to reconsider and approve the proposal. Regard- ing the tennis courts, Mr. Hollowaty reported that a two -man board consisting of the Mayor and Chairman of the School Board was set up to determine if further expenditures should be made for repairs. Engineer Keogh stated the surface possibly could be rolled and heated and redeemed with minimum expense. The last item Mr. Hollowaty reported on was the extra circuit for street lighting to light the Christ- mas decorations. He stated Rodney Dalton inform- ed him that there probably wouldn't be any additional expense. Administrator Hollowaty mentioned he, Chief Ison and Sheriff Nyland had met regarding the animal control situation. Sheriff Nyland has approached the Commissioners about dropping the County Animal Control Officer and letting the City Officer take over the whole job, using City Officers and County Deput- ies to assist when necessary using the County vehicle. Further recommendations will be made at a later date. Councilman Hefner arrived at this point, 8:20 P.M. Councilman Neal mentioned the area behind City Market and along Williams Way needs to be posted no trespassing as there have been complaints of kids shooting guns in the area. There was discussion as to who owned the proD�rty. Mr. Pete Byrd mentioned the area belonged to the Moab Sportsmen's Club and was in the City Limits. Administrator Hollowaty and Chief Ison are to see to the matter. Councilman Tomsic asked if anyone had met with Mr. Cozzens regarding the manhole out of place on Hillside Drive in Arches Subdivision. Admini- strator Hollowaty stated he had not had a chance to get in touch with Mr. Cozzens. Councilman White stated he contacted Mr. Cozzens and looked at the property and did not see any exposed lines or find a broken manhole. Councilman White invited the Council to a lunch- eon with Congressman ,Neilson,. He stated he would like to see as many elected officials there as possible. Administrator Hollowaty stated there were two sealed bids received for the pipe. The first bid opened was from W. R. White Company in the amount of $10,985.77. The second bid was from Waterworks Equipment Company in the amount of $10,175.90 with an alternate bid of $9,625.90. Councilman White moved to authorize the Adminis- trator to review the bids to make sure they're within the bid specifications and allow him to award the bid based on the lowest bid., Councilman Neal seconded the motion, which carried unanimously. AUDIT REPORT - DAVID David Adkison appeared before the Council to ADKISON present the final audit report for the year ending; June 30, 1982. He pointed out several areas of the report for the Council's inform- ation. He stated there was still work to be done on the fixed asset inventory and asked that City staff continue working on the inven- tory, particularly land. He thanked members of the City staff for their assistance in com- pleting the audit and thanked the City for the opportunity to do the audit. He reminded Council that the audit report needs to be sent to the State before the end of the year. Council- man Neal made.the motion to accept and Council- 331 man White seconded the motion, which carried unanimously. After some discussion, Councilman Neal moved DECISION ON SWIM POOL to reject all bids received on the swim pool FACILITY facility. Councilman Hefner seconded the motion. Councilman White asked what groundsthe bid were Bids Rejected being rejected on and Councilman Neal stated it was to re -bid on one set of plans in hopes of getting a lower( bid price for construction. At this point, Administrator Hollowaty read a memorandum he had written to the Council and requested that it be included in the minutes of the meeting. Councilman Hefner called for the question. Councilman Tomsic stated she felt we did have a legal problem bacause the bids were not rejected prior to requesting other bids and estimates. Mayor Stocks stated he did not solicit other bids. Attorney Morten- sen stated he had checked the Utah Procurement Code for the state law on bidding and gave C� the Council a snyopsis of that law. There was O further discussion by members of the Council. Citizens Pete Byrd and Donna Jordan made brief U statements to Council. Mayor Stocks called Liz for the vote on the motion, which carried unani- mously. Administrator Hollowaty asked if the Council would accept his memo. Councilman Tomsic moved to accept the memo from Administrator Hollowaty and include it in the minutes. Council man White seconded the motion, which carried unanimously. TO: Mayor and City Council FROM. Administrator Hollowaty DATE. December 21, 1982 SUBJECT. Swimming Pool Facility I would like to request a notation be placed in the official minutes of the City of Moab. Due to the circumstances of the bids on the swimming facility being deliberately delayed for 32 months, the swimming pool committee soliciting other designs costs from other engineers, etc., and the solicitation of other estimates for construction costs while the present bid is still open, I have a personal pro- blem with a compromise of ethics in this situation. I would like it noted in the minutes that I did not have anything to do with the selection process after Sept- ember 7, 1982, and I was not consulted by the Mayor or his swimming pool committee prior to their actions concerning this matter. I would also like to have the City Council define the specifications by which they would like me to bid out a swimming facility. Administrator Hollowaty restated that he would like some direction from the Council as to what they'd like to do. There was discussion as to whether the Council can purchase a set of plans and re -bid the project, as the cost of the plans will be over the City's $1000 limit and must be bid. Councilman Tomsic moved the City go with an L-shaped pool and get this show on the road. Councilman Neal seconded the motion, which carried unanimously. Council further discussed the bidding procedures for the design and for the construction of the pool. Mayor Stocks recommended Administrator Hollowaty and Attorney Mortensen get together to decide on the next step. If necessary, a special meeting can be called. ADMINISTRATOR HOLLOWATY' MEMO 332 RESOLUTION 82-11 ADOPTED Administrator Hollowaty read Resolution 82-11, a resolution combining Class C and Collector Road Funds. A motion was made by Councilman White to accept Resolution 82-11 by roll -call vote. The motion was seconded by Councilman Tomsic and carried unanimously by roll -call vote. RESOLUTION NO. 82-11 WHEREAS, the Mayor and City Council of the City of Moab desire to operate the City within the guidelines of the State of Utah; WHEREAS, the State of Utah, be Section 27-12-108.4 of the Utah Code Annotated, 1953, have combined the Collector Road Fund with the Class C Road Funds; and WHEREAS, the City desires to close the Spanish Valley Water/Sewer accounts to the Moab City Water/Sewer Fund; and WHEREAS, the City finds that the most opportune time to transfer budgeted amounts and current balances would be October 31, 1982, as follows: INCREASE Accts Receivable - W/S ° 304.83 Earned Surplus - W/S 9,313.19 Interest Income - W/S 365.24 TOTAL $9,983.26 Pool Cash - Class C $84,906.97 Grants - Class C 6,332.64 Interest Income - Class C 3,551.83 TOTAL $94,791.44' DECREASE Accts Receivable - SV $ 304.83 Earned Surplus - SV 9,313.19 Interest Income - SV 365.24 TOTAL $9,983.26 Pool Cash - Collector $84,906.97 Grants - Collector Road 6,332.64 Interest Income - Collector 3,551.83 TOTAL $94,791.44 NOW THEREFORE, Be It Resolved, that the minutes of the meeting held December 21, 1982, be, and the same are, hereby ordered to show the adoption of the amended budget for the fiscal year ending June 30, 1983 as presented to the Mayor and City Council. Passed in City Council this 21st day of Decem- ber, 1982. ATTEST: i VrM Hollowaty, Admini ator/Recorder Q Thomas A. stocks, Mayor 333 Councilman White moved the bills be paid as APPROVAL OF THE BILLS presented in the amount of $16,185.13. Council- man Tomsic seconded the motion, which carried unanimously by roll -call vote. Councilman White also mentioned Utah Power and Light was charging State sales tax on three or four of their bills and should be reminded the City is exempt. Mr. Pete Byrd asked the City Administrator CITIZEN PETE BYRD'S to explain what the water pipe the bid was STATEMENT let on tonight is for. Administrator Hollowaty informed him it was for Kane Creek Annexation and also for property extending off Fifth West. Mr. Byrd further spoke on matters concerning water and sewer and roads in Palisade Subdivi- sion. Councilman Neal moved the meeting be adjourned ADJOURNMENT with Councilman White seconding the motion. The meeting was adjourned by unanimous consent VD at 9:50 P.M. O U W W ATTEST: APPROVED: Thomas A. Stocks, Mayor arrk Hollowaty, Adm' rator/Recorder CITY COUNCIL JANUARY 4, 1983 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Brewer, Tomsic, White and Neal. Councilman Hefner arrived late, due to business. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Chief Ison, Utilities Supervisor Leech, Secretary Rees, Times Indepen- aent media representative, and six citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman Brewer lead the Pledge of Allegiance and Councilman Neal gave the Invocation. As there were no corrections to the minutes APPROVAL OF THE MINUTES of December 21, 1983, Councilman White moved the minutes be approved as presented. The motion was seconded by Councilman Tomsic and carried unanimously. Councilman Brewer moved to set the time of TIME SET AT WHICH TO adjournment at 10:00 P.M. or before. Councilman ADJOURN Tomsic seconded the motion, which carried unani- mously. - Administrator Hollowaty reported that he had contacted San Juan County on the way they bid their pool and had a conference call with Mr. Herschel Hester and Attorney Mortensen regarding ADMINISTRATOR'S REPORT 334 ADMINISTRATOR'S REPORT the two-step procedure for bidding and the CONTINUED pool bid specifications. He also mentioned he will be flying to Salt Lake City tomorrow to meet with Alpine Airlines officials regarding the CAB proposal. Administrator Hollowaty re- ported on the meeting with Engineer Al Anderson regarding the water tank repainting. He stated the tank on Powerhouse lane will be the only tank painted this year and needs both exterior and interior painting at a probable cost of $32,000. A yearly maintenance program for the tanks and other water situations were discussed with Mr. Anderson. Mr. Hollowaty stated the pipe bid for the water/extension on Kane Creek Boulevard was awarded tJ Waterworks Equipment Company. NATIONAL FLOOD Engineer Keogh mentioned a seminar on National INSURANCE SEMINAR Flood Insurance to be held in the Council Cham- bers on February 25, 1983. There will be a $10.00 fee for the seminar, which will be of interest to the building inspector and members of the Council. COUNCIL REPORTS COMPLIMENTS TO CHIEF ISON FURTHER PERSHING MISSILE TESTING Councilman Brewer stated he would like to see any reports to Council written and included in the Council's packet in order to save time at meetings. Mayor Stocks read a letter from the Chief of Police of Indio, California regarding Lne ap- pointment of Dan Ison as Chief of Police and asked that the letter be placed in Chief Ison's file. Mayor Stocks also stated he had received a letter from the Department of the Army regard- ing their further testing of Pershing missiles. The letter stated they would arrange for a representative of White Sands Missile Range to meet with the Council if desired. CHIEF REQUESTS Chief Dan Ison appeared before Council to re - CHANGE IN P.D. quest a change in the department's personnel PROBATIONARY PERIOD manual regarding the probationary period. He asked that all sworn police officers have apro- bationary period of one year, rather than the six month period currently in effect. Mayor Stocks mentioned he would like to hold a series of workshop sessions to update the personnel manual. Members of Council agreed that work- shop sessions were in order and any changes could be made by resolution. REQUEST 70R PRO -RATED Administrator Hollowaty stated the water bill WATER BILL (Wiggins) in question occurred almost two years ago in March of 1981. The customer, Jay Wiggins, had a water leak on his side of the meter. After some discussion regarding the length of time passed and the leak being the owner's responsi- biiity, Councilman Brewer moved the Council deny the request. Councilman Tomsic seconded the motion. Councilmen Tomsic and Brewer voted for the motion and Councilman White and Council- man Neal voted against the motion. Mayor Stocks broke the tie by voting no, ,stating Mr. Wiggins should appear at the next council meeting to state his position. Councilman Brewer stated he felt some time limits should be set for matters of this kind. TRAVEL COUNCIL BILL Administrator Hollowaty presented a bill from the Travel Council for the groundskeeper , equipment and supplies in the amount of $3,266.58 with a notation to remit $2,500.00. The Council discussed the bill and the contract- ual agreement with the Travel Council. The 335 agreement does not specify any amount the City is liable for. Mr. Pete Byrd stated, as a member of the Travel Council, he did not think the bill had been presented to the Travel Council. Members of the Council stated they felt the bill should have invoices and other backup papers attached. There was discussion as to having City workers take care of the grounds, rather than have a County employee. Utilities Supervisor Leech also mentioned the grass au the Visitor's Center is on state highway right- of-way. Administrator Hollowaty stated the agreement expires in May but has an option to renew and asked if a meeting could be held with the Travel Council to draw up a new, more specific agreement. Mayor Stocks stated he felt the bill was improperly presented and needed receipts and verification. The Council agreed to review the matter at a subsequent meeting when the verificiation is received. TRAVEL COUNCIL BILL CONTINUED M G Ordinance 83-01 is an ordinance amending Chapter ORDINANCE 83-01 27 of the Moab City Code relating to the of- g � y g (rezoning) U ficial zoning map and directly relating to 0.1 Cottonwood Subdivision. Councilman Tomsic moved W to adopt Ordinance 83-01. Councilman Neal sec- onded the motion, which carried uanimously by roll -call vote. Ordinance 83-01 AN ORDINANCE AMENDING CHAPTER 27 OF THE 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 official zoning map of the City of Moab, be, and the same is, hereby amend- ed by the addition of the following: The following described real property zoned R-2, Residential Zone, is hereby rezoned as R-3 Residential Zone: Lots 8, 9, and 10 of Plat "A", Cottonwood Subdivision. The following described real property zoned R-2, Residential Zone, is hereby rezoned -- R-1 Residential Zone: Plat "A" less Lots 8, 9 and 10; also begin- ning at a point owhich bears North 2589.0 ft. and South 89 14' East 419.6 ft. from the SW corner, Section 7, T26S, R22E, S.L.B. & M. and proceeding thence N89°14' West 44.3 ft., thence North 509.0 ft., thence West 105.7 ft., thence North 181.6 ft. thence West 35 ft., thence North 100.0 ft., thence East 226.0 ft., thence S 10°14' East 156.9 ft., thence S54° West 71.6 ft., thence S 64°47' W 10.0 ft., thence South 590.0 ft. to the point of beginning. The following described real property zoned R-2, Residential Zone, is hereby rezoned as RA-1 Residential Zone: Beginning at a point which bears North 3374.49 ft., and East 461.15 ft. from the SW corner, Section 7, T26S, R22E, S.L.B. & M. and proceeding thence S88°31'E 336 415.8 ft., thence S3°46'E 343.7 ft., thence S 2°52'E 444.2 ., thence N89°14'W 96.2 ft., thence N89°14'W 388.3 fSt , thence North 590.0 ft., thence N64 47'E 10.0 ft., thence N54°E 71.6 ft., thence N10°14'W 156.9 ft. 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 JANUARY, 1983. ATTEST. Ma Hollowaty Administrator/Recorder APPROVED: inomas stocks Mayor CITIZENS MAY APPEAR Mr. Terry Warner appeared before Council and Terry Warner stated he is in the process of purchase- some property within the City that has no water or sewer lines and no right-of-way access. He stated the property is located below Sam Taylor's property. Councilman Brewer stated he felt the property was located in a platted subdivision. Engineer Keogh stated there was no subdivision recorded as far as he was aware. There was a great deal of discussion regarding the matter, including comments from members of the audience, Dale Wright and Pete Byrd. COUNCILMAN HEFNER Councilman Hefner arrived at this point. (9:13 ARRIVES P.M.) APPROVAL OF THE BILLS Councilman White moved the bills be paid in the amount of $11,811.61 excluding Item # 11, J.D.'s Foodtown as the two invoices do not add up to the billed amount. Mayor Stocks questioned the bid procedure for the purchase of a cash register, Item #14. Administrator Hollowaty informed him the bid procedure had been followed and bids were on file. Councilman Neal seconded the motion to pay the bills, which carried unanimously by roll -call vote. ECONOMIC DEVELOPMENT Mayor ,Stocks read a letter from San Juan Dev- SEMINAR IN MONTICELLO elopment Board regarding a seminar on small business economic development to be held in Monticello at the public library this coming Thursday, January 6, 1983 at 6:00 P.M. WORKSHOP SESSIONS The Council decided to hold a series of workshop SET sessions on the Personnel Policy and Procedure Manual with the first meeting to be held Tuesday January 11, 1983 in the Conference Room of City Hall at 8:00 P.M. Council asked that Admin- istrator Hollowaty prepare a list of topics that needed attention during the workshops. ADJOURNMENT Councilman White moved the meeting be adjourned with Councilman White seconding the motion, which carried unanimously. The meeting was adjourned at 9:27 P.M. 3 3 T CITY COUNCIL January 18, 1983 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, Hefner, White, Tomsic and Brewer. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Chief Ison, Utilities Supervisor Leech, Secretary Rees, the media and 21 citizens. Mayor Stocks called the meeting to order at 8:01 P.M.; the Pledge of Allegiance was lead by Councilman Neal and Councilman Hefner gave the Invocation. Councilman Tomsic made a correction on page APPROVAL OF THE 2 of the minutes of January 4, 1983 under Mr. MINUTES OF 1/4/83 Wiggins request for pro -rated water and another correction on the same page under presentation CD of the Travel Council bill. Councilman Tomsic moved to accept the minutes as corrected. Councilman Brewer seconded the motion, which W W carried unanimously. Councilman Brewer moved to set the time of MOTION TO SET TIME adjournment at 10:00 P.M. or before. Councilman TO ADJOURN Neal seconded the motion, which carried unani- mously. Administrator Hollowaty reported he had asked ADMINISTRATOR'S REPORT Supervisor Leech to contact Mr. Cozzens regard- ing the manhole on Hillside Drive. Mr. Cozzens stated he would replace the manhole at a lower level as soon as spring arrives. Mr. Hollowaty also stated there is a problem with running the sewer line to the new Moab Baptist Church. One of the problems is that an 18 feet deep trench would be required and the City does not have the equipment to dig that deep. The option of installing a septic system has been considered at a cost of approximately half of the sewer line. Jim Adamson of the Health Office was present at the meeting and stated the Health Department would recommend sewer lines over the septic tank. There was some discussion among Council. Mayor Stocks stated the matter should be investigated further and if at all possible, sewer line would be pre- ferred over a septic tank. Mr. Hollowaty report- ed that the bids on the water tank painting will be opened at the next Council meeting on February 1, 1983. Administrator Hollowaty stated there will be a Shade Tree Commission meeting on Friday, January 28, 1983 in Salt Lake City, Utah that he would like to attend. He stated there is a problem with the Skakel Springs water tank in that it has separated from the cement collar that holds it and the base has cracked. It appears that the collar is settling into the ground where the inlet lines go into the tank. The engineer will be down to look at it next week. Engineer Keogh stated it is along the fault zone and will be watched. Administrator Hollowaty mentioned the Ride -along program for the Police Department has been cancelled as the insurance carrier would not recommend it because of the liability involved. Administrator Hollowaty reported there are vacancies on the Planning Commission and Board of AdJustments. The last item he reported on was regarding Block Grant Funds for Community Development. Mr. I.D. Nightingale and Mr. K. E. McDougald will report on the 338 COUNCIL REPORTS: Engineer Keogh Councilman Brewer Councilman White Mayor Stocks PROGRAM FOR ECONOMIC DEVELOPMENT matter as soon as Council reports are finished. Administrator Hollowaty also mentioned he had drawn up a Disclosure Statement and would for- ward it to Attorney Mortensen to look over. Engineer Keogh reported he had been getting the monument boxes caught up and had acquired data for Al Anderson. Councilman Brewer stated he would like Council's consideration in presenting a resolution at the next regular meeting requiring a staff meeting of the Administrator, Attorney and Mayor and whatever department heads are needed before every regular Council meeting. The staff will review the agenda and present their recom- mendations in final form for the Council. He asked that all documents and papers supporting the recommendations be placed in the Council members packets for review prior to the Council meeting. He also asked that it be stated on the agenda when the meeting was held and who was present. He stated he felt this would give the Council more information and would require more research and cooperation between the staff and the Mayor. _ Councilman White stated he felt the Council should consider retiring from the State Retire- ment Plan for several reasons. He stated he felt the employee is in a sense bing ,-heated out of some benefits by not having a competitive interest rate and the City, who matches contri- butions of the employee twice, does not receive any benefit. He also stated he felt the employees should have a vote in the matter. Mayor Stocks stated there were several items on this evenings agenda of a legal nature and as of 4:30 P.M. the Attorney did no have copies of anything. He asked that the Attorney look over all agreements. Mayor Stocks further stated one of the reasons Mark Hollowaty was hired was because of his computer abilities and the City is still paying an audit firm tb run the general ledger detail and stated "Let's get it up and running or get rid of it." Mr. I. D. Nightingale and Mr. K. E. McDougald appeared before Council to present a plan for local economic development. The program calls for development of a retirement community and additional recreational facilities near the golf course. Mr. McDougald stated a similar program was presented several years ago. Under the proposal, the City and County would create an intergovernmental agency which would contract with the Economic Development Committee to develop the new facilities. Partial funding for the program would be raised from the sale or lease of city -owned land surrounding the golf course. Mr. McDougald stated indications had been received that funding is available for such a development. He estimated that about $40,000 would be needed to perform market analy- sis, planning and marketing. He commented that the sucess of the proposal would be largely dependent upon community support and could help improve the local economy. Council members expressed support for the proposal and agreed to having Attorney Mortensen work with attorneys from the Economic Development Committee to draw up an intergovernmental agency agreement. 339 Chief Ison appeared before Council to answer any questions the Council might have. Councilman Tomsic complimented him on the report, stating it was concise and easy to read. Councilman Brewer moved the report be accepted and placed on file. Councilman White seconded the motion, which carried unanimously. Administrator Hollowaty stated he had received a memorandum from Chief Ison recommending Kerrie Hill be hired as a Police Officer I. Councilman Brewer moved to accept the appointment of Kerrie Hill. The motion was seconded by Councilman Tomsic and carried by majority vote, Councilman Hefner being opposed. Administrator Hollowaty stated he was approached by the Farm Home Administration that the agree- ment had to be set for 40 years and they sug- gested 2 years be added to the contract to insure the agreement is 40 years. Councilman Tomsic moved the addendum be accepted. Council- man White seconded the motion, which carried unanimously. Jim Adamson of the Southeastern Utah Health Department appeared before Council to explain the necessity of the agreement. He stated the revised health code of the Utah Code stated the Health Department shall have an agreement with the cities within that District stating the health laws can be best enforced utilizing the Health Department. The agreement was entered into in 1972 when the Health District was formed. A motion was made by Councilman Neal to accept the agreement after review by the Attorney. The motion was seconded by Councilman White and carried unanimously. Administrator Hollowaty stated he received a letter from Grand County stating the commis- sioners agreed to accept the proposal on shared cost for animal control services. The amount proposed was one-half the animal control officer salary plus approximately $54 each month for incidental expenses. The County vehicle would be used on weekends and emergencies by County and City officers. Administrator Hollowaty stated if the Council agrees, Attorney Mortensen and the County Attorney can draw up the agree- ment, renewable yearly. Councilman Tomsic moved to table the matter. The motion died for lack of second. Attorney Mortensen recommended the contract be approved subject to his review. Councilman Neal so moved. The motion was seconded by Councilman Tomsic and carried unanimously, by roll -call vote. Citizen Pete Byrd appeared before Council on two matters. He requested the City to stake the curb and gutter on lot 18, block 2 and that the City provide water and sewer service to lot 6, block 4 in Palisade Subdivision. The second matter mentioned by Mr. Byrd was an "Extra" program on Channel 2 which aired on Sunday evening on Moab. He stated he was dis- custed and embarrased, adding that it would cost in excess of $100,000 to offset the neg- ative publicity to Moab. He further stated something should be done about it. Council members Tomsic and Brewer stated they didn't feel the matter should be commented on. ACCEPTANCE OF POLICE DEPARTMENT ANNUAL REPORT APPOINTMENT OF POLICE OFFICER I - KERRIE HILL ADDENDUM TO SVW&SID MAINTENANCE AGREEMENT APPROVAL OF AGREEMENT REAFFIRMING THE SOUTHEASTERN UTAH HEALTH DEPARTMENT APPROVAL TO ENTER INTO SERVICES WITH THE COUNTY FOR ANIMAL CONTROL APPROVAL OF CONTRACT WITH UTAH POWER AND LIGHT CITIZENS MAY APPEAR: Pete Byrd 34e APPROVAL OF THE BILLS After some discussion regarding two of the bills, Councilman White stated item no. six, Burroughs in the amount of $7,610.00, has not been installed yet and would not be paid and item no. 47, John Keogh in the amount of $1,514.25 not on the list, be added. He moved the bills be paid in the amount of $36,896.56. Councilman Tomsic seconded the motion. Council- man Hefner questioned the fee for the veterinary sevices and Mayor Stocks stated he would like to see a breakdown on the portion of the Claus and Adkison bill relating to the fixed asset inventory in the amount of $2,100.00, Councilman White amended his motion to pay the bills in the amount of $34,796.56 and Councilman Tomsic seconded the motion, which carried unanimously. ADJOURNMENT Councilman Neal moved to adjourn the meeting. The motion was seconded by Councilman Brewer and carried unanimously. The meeting was ad- journed at 9:33 P.M. APPROVED: .. d e: ' s Thomas A. Stocks Mayor ATTEST: -17)7(a4. yam Mark Hollowaty City Administrator/Recorder Sr 341 CITY COUNCIL February 1, � 1983 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen White, Brewer, Neal and Hefner. Councilman Tomsic was absent due to illness, as was Administrator Hollowaty. Also attending were Mayor Stocks, Attorney Mortensen, Engineer Keogh, Deputy Recorder Coursey, Engineer Al Anderson and Engineer Wing Poon of the consult- ing firm James M. Montgomery Engineering, Chief Ison, Utilities Supervisor Leech, Building Inspector Kelley, Secretary Rees, the media and 21 citizens. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman White lead M the Pledge of Allegiance and Councilman Neal O gave the Invocation. Councilman White made one correction on page APPROVAL OF THE MINUTES W 1, paragraph 4, changine 18 inches to 18 feet. W He then made the motion to accept the minutes of the January 18, 1983 meeting as corrected. Councilman Brewer seconded the motion, which carried unanimously. Councilman Brewer stated he was concerned that, TIME oET AT WHICH TO due to the length of the agenda, 10100 P.M. ADJOURN wouldn't be long enough. He moved to set the time of adjournment at 10:00 P.M. or before. Councilman Neal seconded the motion, which-, carried unanimously. As Administrator Hollowaty was ill, Karen Cour- sey, Deputy Recorder, gave his report. She read a press release from the Police Department regarding the arrests of 3 adults and 2 juven- iles involved in a suspected burgulary ring which cleared 33 burgulary cases, including cases in Salt Lake City. Mrs. Coursey further stated Administrator Hollowaty had asked her to request letters of commendation be written and submitted to the Mayor and Council for signatures then placed in the arresting officers personnel files. She also reported that Adminis- trator Hollowaty wanted to know if Attorney Mortensen had further investigated the bid procedure for the swim pool. Engineer Keogh reported that Administrator Hollowaty had asked him to prepare some data pertinent to a sewer main on South Main Street and past sewer extensions. The proposed sewer extension will be 140 feet plus an additional manhole at a cost of approximately $1,600.00. He also stated he had prepared some alternate proposals for the Moab Baptist Church sewer lines, at a cost of approximately $2,000.00. He also stated that any instances he could find wherein the City had extended sewer lines were generally in conjunction with special improvement districts or for line replacement. Councilman Neal reported he had met with Ray Alden regarding the manhole on Hillside Drive and was concerned about the water lines being filled with dirt and debris. Utilities Supervis- or Leech stated the lines were plugged and a "T" connection is to be installed as soon as possible in the spring. Councilman Neal ADMINISTRATOR'S REPORT COUNCIL REPORTS 342 COUNCIL REPORTS CONTINUED Senior Citizens Apartment complex whoo wasp notedin favord of anyl concession cstan'us' being outside the ballpark as it would be dan- gerous. Mr. Neal was informed the concession type business the Council did approve was not for the ballpark. Councilman White reported he had prepared a report on the retirement system and given a copy to each Councilmember. He recommended an opinion poll be taken of City employees to see if they are interested in a pension plan sponsored by the City. He is currently obtaining information on other types of retire- ment plans. Mayor Stocks stated he should work with Administrator Hollowaty on the question- aire. Councilman White also stated he had talked with the "concerned citizen" who had written to the editor of the Times Independentllast week and explained her error and received an apology from her. Mayor Stocks reported he had received a letter regarding -Mr. Blair Duke Reiley building senior citizens apartments adjacent to the Huntridge Plaza Apartments. The Council had no objections to the apartment complex; He also asked that the Council think about what the City's goals should be to prepare for a meeting regarding goals. Mayor Stocks also mentioned Local Offi- cials Day at the legislature on Fs'_ ary 11, 1983 and a letter from Pete Parry regarding a workshop to develop more tourism for our area. BID OPENING - Water Engineer Al Anderson read the bids as they Tank repainting were opened by Deputy Recorder Coursey. The painting was bid in two parts: Schedule A for the interior painting and Schedule B for the exterior painting. The first bid opened was from Steel Coatings, Inc. of Salt Lake City who bid $24,692.00 for Schedule A and $6,525.00 for Schedule B for a total of $31,217.00. The second bid opened was, from Richman Painting of Bountiful who bid $27,800.00 for Schedule A and $9,900.00 for Schedule B for a total of $37,700.00. The third bid opened was from JBCO of Moab who bid $17,396.00 for Schedule A and $10,707.60 for Schedule B for a total of $28,097.60. The fourth bid opened was from Clark Painting in Salt Lake City who bid $43,900 for Schedule A and $11,770.00 for Schedule B for a total of $55,670.00. The fifth bid opened was from Kendrick Brothers Construction in Murray who bid $31,680.00 for Schedule A and $18,460.00 for Schedule B for a total of $50,144.00. The sixth bid opened was from Major Paint and Sandblasting of Provo who bid $18,896 for Schedule A and $6,867.00 for Schedule B for a total of $25,853.00. The seventh bid opened was from D. H. Butcher and Company of Salt Lake City who bid $24,700.00 for Schedule A and $5,200.00 for Schedule B for a total of $29,900.00. All bid participants included a bid bond in the amound of 5% of the bid. Engineer Anderson and his associate, Wing Poon, retired to look over the bids and make recom- mendation to Council. Engineer Anderson also introduced his associate, Mr. Poon of the Pasadena, California office of James M. Mont- gomery and stated he was a native of Hong Kong, schooled in the United States where he earned two degrees in engineering. Mr. Jay Wiggins appeared before Council to request an adjustment in his water bill due to the fact he had had two breaks on his side Jay Wiggins REQUEST FOR PRO -RATED WATER 343 of the meter, once in March of 1981 and again REQUEST FOR PRO -RATED in August of 1982. There was discussion and WATER CONTINUED questions from the Council. Council members expressed concern about an adjustment as the leak was on his side of the meter, the consump- tion patterns were similar to the previous year and his nelighbors‘: Councilman Hefner moved to give Mr. Wiggins relief in a pro -rated amount. Councilman Neal seconded the motion. There was more discussion and Councilman Hefner amended his motion to give Mr. Wiggins relief in the amount of $65.00 as an overcharge on water bills. Councilman Neal seconded the motion which carried by majority, Councilmen Hefner and Neal voting in favor of the motion and Councilmen White and Brewer being opposed. The tie was broken by Mayor Stocks casting his vote in favor. Adrien Taylor appeared before Council to request SENIOR CITIZENS the City's consideration in modifying the BUILDING PROPOSAL CID $100,000.00 appropriation by the City for the CD Senior Citizen/Civic Center to up to $100,000.00 .-I for only a Senior Citizen Center. She stated Carroll and Ginger Clark have offered one W acre of land across from the hospital for the senior center and Mr. Ray Taylor had drawn some scaled -down plans for the senior center. Mr. Taylor stated he felt the 5,470 square feet building could be constructed for approxi- mately $200,000.00. There was some discussion among Council. Councilman Brewer suggested the matter be put on the agenda next meeting for a vote. He moved to table the matter until the next regular Council meeting on February 15, 1983. Councilman Hefner seconded the motion which carried unanimously. The Council agreed to meet with the Grand County Commission at their meeting on February 8, 1983 to discuss the Senior Citizens Center. Mayor Stocks stated he felt a public hearing should be held on the budget change. The first item for final approval was a Con- APPROVAL OF PLANNING ditional Home Use Occutpation for James E. COMMISSION ACTIVITIES Costanza to sell mail order firearms at his James E. Costanza home. Mr. Costanza appeared before Council to answer any questions. He stated there would be no guns available at his home. Councilman Brewer_ moved the Council approve the Conditional Home Use for Mr. Costanza as recommended by the Planning Commission. The motion was seconded 1-7 Councilman White and carried unanimously. The second item for final approval was a Premise Carl E. Sabo Occupation for Carl E. Sabo to do electrical repairs in his home. He appeared before the Council to explain that due to economic condi- tions, it was necessary for him to close his store location and although he still has some merchandise left, he will not be involved in sales. Councilman Brewer moved to accept the Planning Commissions recommendation and approve the Pr-emises Occupation. The motion was seconded by ,Councilman White and carried unanimously. Engineer Anderson stated that Phase II of the APPROVAL OF PHASE II - expansion plan was the design stage for expand- SEWAGE TREATMENT PLANT ing the plant. Included in the design stage EXPANSION is the preparation of bid documents, bid opening and review prior to recommending contractor selection. Councilman White moved to approve Phase II of the expansion plan contingent upon the loan from Farm Home Administration being approved. The motion was seconded by Councilman 344 Neal and carried unanimously by roll -call vote. REQUEST TO MOVE MOBILE HOME ON LOT Harold Key RESOLUTION 83-01 RESOLUTION 83-02 Mr. Harold Key appeared before Council to re- quest to move a mobile home on a lot in Nichols/ Bowen Subdivision on Bowen Circle. Attorney Mortensen submitted a memorandum to the Council regarding the City Ordinance and proper proced- ure concerning the request. There was a great deal of discussion among Council. Building Inspector/Zoning Administrator Kelley stated a mobile home could be placed on the lot under the Manufactured Homes Ordinance if it was at least 24 ft. x 48 ft. Another alternative discussed was rezoning the area. City Attorney Mortensen pointed out that Mr. Key could appeal to the Board of Adjustments. Mr. Key stated he would go to the Board of Adjustments with the matter at their meeting the last Tuesday of this month. Deputy Recorder Coursey read Resolution 83-01 regarding State Surplus Property. Councilman Neal moved the Council accept Resolution 83-01. Councilman White seconded the motion, which carried unanimously. RESOLUTION 83-01 BE IT RESOLVED that Mark Hollowaty, City Administrator shall be and is hereby uesignated as the representative of Moab City Corporation to secure the transfer of said Applicant of surplus Federal property through the Utah State Agency for Surplus Property, under the provision of Section 203 of the Federal Property and Administrative Services Act of 1949, as amended, to obligate said applicant and its funds to the extent necessary to comply with the terms and conditions listed. BE IT FURTHER RESOLVED that a certified copy of this resolution shall be submitted to the Utah State Agency for Surplus Property and that the same shall remain in full force and effect until written noticy to the contrary is submitted to the Utah State Agency for Sur- plus Property. I, Thomas A. stocks, hereby certify that I am the Mayor of the City Council of Moab City Corporation and that foregoing is a true and correct copy of the resolution adopted by the vote of a majority of said board present at a duly convened meeting of said board on the 1st day of February, 1983 at which a quorum was present. /s/ Thomas A. Stocks Deputy Recorder Coursey read Resolution 83-02 setting the time and date for an administrative meeting prior to each Council meeting, in which the Mayor, Administrator and City Attorney and department heads as needed will participate. Councilman Brewer moved the Council accept Resolution 83-02. Councilman White seconded the motion, which carried by majority, Council- man Hefner voting against the motion. RESOLUTION 83-02 A resolution setting the time and date for an administrative meeting to review items on the City Council Agenda. 345 WHEREAS, the City Council of the City RESOLUTION 83-02 of Moab requested a meeting be conducted between CONTINUED the Mayor, City Administrator and the City Attorney for the purpose of reviewing the City Council agenda prior to the City Council meet- ings. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Moab requests the Mayor, City Administrator and City Attorney meet on the Friday preceeding the regularly scheduled City Council meeting at 2:00 P.M., except where circumstances might necessitate a change in the date and time of the meeting. PASSED in Council this 1st day of February, A.D., 1983. /s/ Thomas A. Stocks ATTEST: /s/ Mark Hollowaty Deputy Recorder Coursey read Resolution 83-03 RESOLUTION 83-03 designating depositors of City Funds. Councilman White moved the Council accept Resolution 83-03. The motion was seconded by Councilman Neal and carried unanimously. RESOLUTION 83-03 At a regular meeting of the City Council of the City of Moab held on the 1st day of February, 1983, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their sucessors shall be appointed and shall have qualified: Barbara J. McLeod, Treasurer Karen L. Coursey, Deputy Treasurer Mark Hollowaty, Administrator/Recorder Lynda Moore, Deputy Treasurer Under the rules of the City of Moab any funds deposited to its credit with the First Western National Bank of Moab or the First Security Bank of Moab or Heritage Savings may be withdrawn by the combined signatures of one (1) Recorder and one (1) Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. 1983. Approved this 1st day of february, A.D., /s/ Thomas A. Stocks ATTEST: /s/ Mark Hollowaty Councilman Brewer moved to extend the time TIME AT WHICH TO of adjournment to 11:00 P.M. or before. The ADJOURN EXTENDED motion was seconded by Councilman White and carried unanimously. 992 MAYOR AUTHORIZED TO SIGN PROPOSAL FOR CODE BOOK ANALYSIS Attorney Mortensen explained the proposal is to review and analyze the City Code Book in the amount of $1,500.00. The item is on the agenda for the Mayor's authorization to sign the proposal. Councilman Hefner moved to accept the contract for Code Book analysis. Councilman White seconded the motion, which was carried unanimously by roll -call vote. WATER TANK PAINTING Engineer Al Anderson reviewed the bids submitted AND SANDBLASTING BID and recommended the award of contract for the AWARDED TO MAJOR painting inside and out of Reservoir #1 be PAINT AND SANDBLASTINGawarded to Major Paint and Sandblasting with the low bid of $25,853.00. He stated he was familar with the work of this contactor and he has extensive experience in water tank paint- ing. Councilman Neal moved to accept the low bid of $25,853.00 from Major Paint and Sand- blasting. Councilman White seconded the motion, which carried unanimously by roll -call vote after some discussion. HENNINGSON SEWER MAIN EXTENSION SWIM POOL GRANT FROM BUREAU OF OUT- DOOR RECREATION APPROVAL OF THE BILLS Mr. Royce Henningson appeared before Council to request a new sewer connection to the loca- tion of his new business at 611 South Main Street. Councilman Brewer stated the sewer line is on the City's Master Plan, therefore, the City is required to put the additional sewer line in. The request is to extend the City main 140 feet. Engineer Keogh stated it would be about $1,600.00 to extend the mai-, There was some discussion on the matter as to whether the City had the available funds. Engineer Keogh proposed the line be run along where the sidewalk would be if a sidewalk existed. Councilman Brewer moved the matter be tabled to the next regular meeting and placed on the agenda for action. The motion was seconded by Councilman Neal and carried unanimously. Deputy Recorder Coursey stated she was not real familar with what our Administrator was doing in regard to the pool. She stated he was evidently contacted by the Bureau of Outdoor Recreation and informed they will not give grants for covered pools. She further stated Mr. Hollowaty would like to know if it is pos- sible,to hire Al Anderson to draw up the speci- fications without bidding it out. Councilman Brewer expressed concern that the pool could not be build by the start of the season if it is started as soon as possible. Engineer Anderson stated the area the pool is located presently has special problems in that it is build down into a basin of water that fluc- tuates. Mrs. Coursey stated there is a 50/50 grant available but there is no money budgeted to meet the matching funds for the grant. The Board of Recreation stated they would grant an extension to give time for Council to approve a budget amendment. Councilman White stated he had reviewed the bills and would like to add three additional bills: Moab Arts Council in the amount of $400; John Keogh Engineering in the total amound of $1,258.75; and Hawks Sanitation in the amount of $17,561.58 bringing the total to $43,786.73. Members of Council questioned several bills. Councilman White questioned Item #18 for bus- iness luncheons. Councilman White moved the bills be paid in the amount of $43,786.73. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Ci7 CT9 O W OE 347 Council Members were reminded of the meeting ADJOURNMENT set on Tuesday with the County Commissioners. Councilman Brewer called for the order of the day to adjourn. The meeting was adjourned at 11:10 P.M. by unanimous content. ATTENT: APPROVED: Thomas A. Stocks, Mayor Mark Hollowaty, City Administrator/Recorder CITY COUNCIL February 15, 1983 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, Hefner, Tomsic and Brewer. Councilman White was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Chief Ison, Supervisor Leech, Streets Leadworker Johnson, Secretary Rees, the media and 6 citizens. Mayor Stocks called the meeting to order at 8:01 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner gave the Invocation. Councilman Hefner made one correction on page APPROVAL OF THE four, under Resolution 83-04, the motion was MINUTES OF 2/1/83 not carried unanimously, but' by majority vote, Councilman Hefner being opposed. Councilman Brewer moved the minutes be accepted as correct- ed. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty questioned the Council Administrator's as to when to put the tent caterpillar spraying Report out to bid. It was decided the bid opening would be March 15, 1983. He also questioned the Council as to the continuation of the Per- sonnel Policy Workshops. The Council discussed areas of the manual that need to be covered in the meetings. The status of the computer was the next item Mr. Hollowaty reported on. He stated the January run from Claus and Adkison will be the last month they will do the report. Administrator Hollowaty also reported he had received a letter from the Office of Revenue Sharing stating the City's audit had not been received. He stated he placed a phone call and was informed that Revenue Sharing did -not check with the State Auditor's office. The final matter' Mr. Hollowaty reported was the advertising to dispose of old vehicles and parts that the City no longer uses. It was decided to advertise and open bids at the March 15, 1983 meeting. Councilman Brewer asked if anyone knew if the Council Reports Farm Home Loan has been approved for Spanish Valley Water and Sewer Improvement District. BREWER He also expressed concern about the deadline on Phase II of the Sewage Plant expansion. 348 COUNCIL REPORTS CONTINUED Administrator Hollowaty also mentioned a meeting February 14, 1983 with theCity Council and the Grand County Commission to discuss the Senior Citizens Center situation. The general concensus is to hold a public hearing regarding continuing with the American Legion Building. The City Council and the County Commissioners also agreed to meet on a monthly basis the first Monday of each month at 7:00 P.M. Mayor Stocks appointed Councilmen Tomsic and Neal to serve on the Senior Citizens committee. BID OPENING - The only bid received for the pump was from Horizontal end suction Warner Power Products of Salt Lake City in pump 'the `amount of $2,673.00 plus freight. Mayor Stocks recommended the matter of awarding the bid be taken under advisement until the next regular meeting. ROYCE HENNINGSON SEWER CONNECTION APPROVAL OF BEER LICENSE - Richard R. Rose RESOLUTION 83-04 Mr. Royce Henningson appeared before the Council for a final decision on extending the sewer main to the locatiobof his new business. Admini- strator Hollowaty stated the extension was on the City's master plan with the cost to be borne by the City, if the City is in a finan- cial position to afford the cost, according to Chapter 26, Section 4-45 of the City Code. Councilman Hefner moved to go ahead with the extension as long as the City is in a position to pay for it. Councilman Tomsic sec^-.1d the motion. There was further discussion regarding the extension. Councilman Hefner asked if the drive -through photo shop will hookup to the extension. Mr. Hollowaty stated that if they're within 200 feet of. the City main, they will be required to hook up. The motion was carried unanimously by roll -call vote of all meI ers present. Chief Ison appeared before Council stating that the applicant, according to the ordinance, is qualified to bold a license and that no derogatory information was found. Councilman Brewer moved the Council grant a beer license for Richard Rose of the Moab Travelodge. The - motion was seconded by Councilman Neal and carried unanimously. Resolution 83-04 is a resolution supporting law enforcement communications. Chief Ison explained the resolution requests more frequen- cies for law endorcement and that the priorities be aligned in favor of law enforcement com- munications. Councilman Brewer moved the CounciI adopt Resolution 83-04. Councilman Neal seconded the motion, which carried unanimously by roll - call vote. RESOLUTION 83-05 Administrator Hollowaty explained Resolution 83-05 is a resolution supporting the efforts of the Economic Development Commission in Moab. The resolution of support will help the Economic Development Commission carry more weight in their funding requests. Councilman Tomsic moved the Council adopt Resolution 83-04. Councilman Brewer seconded the motion, which carried unani- mously by roll -call vote. CONTINENTAL Administrator Hollowaty stated the service TELEPHONE agreement on our present telephone equipment MAINTENANCE has expired. Continental Telephone is offering AGREEMENT a new maintenance plan at the rate of $20.00 per month. Attorney Mortensen stated it was basically insurance. Council discussed the agreement, which needs clarification. Mayor 349 Stocks recommended action on the matter be postponed until it is clarified. Administrator Hollowaty stated the extension EXTENSION OF SPRINKLER of the —Sprinkler system has been budgeted, SYSTEM AT OLD CITY but needs to be approved. It was suggested PARK that current prices for the extension be brought back to Council. Councilman Hefner stated the Cemetery District has a pipe order also and perhaps money could be saved by ordering to- gether. Administrator Hollowaty stated the City current- CITY CLEANUP OF ly has four workers on special extended unem- PRIVATE PROPERTY ployment benefits who need to work 32 hours a week to qualify for unemployment. He further stated he would like to use these people on private property to clean weeds and trash and eve charge a minimal fee. The proposal was discussed O by Council. Councilman Neal moved the City enter into this type of cleanup campaign. The motion was seconded by Councilman Brewer and Gt7 carried unanimously. W Mayor Stocks stated the position on the Board of Adjustments vacated by Jimmie Walker is the only vacancy at this time. He recommended Ray Pene be appointed to the Board of Adjust- ments and also the Planning Commission when the next vacancy occurs. Councilman Tomsic moved to accept Mayor Stocks recommendation of Ray Pene for the Board of Adjustments. The motion was seconded by Councilman Neal and Carried unanimously. Administrator Hollowaty stated the bidding REVIEW OF BIDDING procedures need to be examined and possibly PROCEDURES raise the limits higher than $1,000.00 with two written bids. He recommended the limit be raised to $2,500.00 with two written bids, which could be done by ordinance amendment. He also stated the department heads should be given discretionary spending, as up to $50.00 requires no purchase order. The Council dis- cussed the matter and requested the written purchase procedure to review before a decision could be made. The matter was tabled until the Council can review the procedure. Mr. Terry Warner appeared before Council regard- ing the Helen M. Knight PTA setting up a con- cession stand during the Jeep Safari. Attorney Mortensen will check the ordinance, as Adm- inistrator Hollowaty felt it would require a transient merchant license. Mr. Garth Carter appeared before Council to inquire about getting water to his property off Fifth West and Kane Creek Boulevard. Adm- inistrator Hollowaty asked Attorney Mortensen to give an opinion if the City is responsible for putting water lines to the area. Attorney Mortensen stated he would try to have a decision for the next Council meeting. Councilman Hefner moved the bills be paid in the amount of $28,078.23, deleting Item No. 43, Sundowner Restaurant in the amount of $105.83, which will be discussed during the Executive Session. Councilman Neal seconded the motion, which carried unanimously by roll - call vote. RAY PENE APPOINTED TO BOARD OF ADJUSTMENTS CITIZENS MAY APPEAR BEFORE COUNCIL Terry Warner Garth Carter APPROVAL OF THE BILLS 350 ADJOURNMENT TO EXECUTIVE SESSION Mayor Stdcks stated there would be a five-minute recess before the Executive Session. The regular session was adjourned at 10:05 P.M. APPROVED: Thomas A. Stocks Mayor ATTEST: Mark Hollowaty City Administator/Recorder CITY COUNCIL March 1, 1983 REGULAR MEETING AND A regularly scheduled meeting of the Moab City ATTENDANCE Council was held on the above date in the City Council Chambers of the Grand County Courthouse. Attending were Councilmen Neal, Hefner, hite, Brewer and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Utilities Supervisor Leech, Sewer Plant Operator Severns, Chief Ison, Secretary Rees, the media and 8 citizens. Mayor Stocks called the meeting to order at 8:04 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman nesner gave the Invocation. Attorney Morteri_sen was absent due to a family situation. APPROVAL OF THE Councilman Tomsic made one correction on page MINUTES OF FEBRUARY 2, under "Extension of Old City Park Sprinkler 15, 1983 System" deleting "and put out to bid". Council- man Neal moved the minutes of February 15, 1983 be approved as corrected. Councilman Tomsic seconded the motion, which carried unanimously. ADMINISTRATOR'S Administrator Hollowaty presented the budgeting REPORT schedule for the Fiscal Year 1984 Budget pre- paration. He also mentioned a budget amendment will have to be done in July to transfer monies slated for creek cleanup to be used for tent caterpillar spraying, as spraying was inadvert- ently left out of the 1983 budget. Mr. Hollo- waty commended Treasurer McLeod and Deputy Recorder Coursey for getting the computer 100% up-to-date. The final matter in Administrator Hollowaty's report was a request for his vaca- tion time from March 17 to 25, 1983. The Council gave their approval. COUNCIL REPORTS Engineer Keogh reported that Spanish Valley Engineer Keogh Water and Sewer Improvement District is placing their sewer lines; the city water tank painting is proceeding well, and the lawsuit involving Southern Paving and the City vs Sheryl Norton will begin tomorrow morning at 10:00 A.M. in District Court. Councilman Brewer Councilman Brewer stated he felt the City should request the monies from Spanish Valley Water and Sewer Improvement District be paid to the City as soon as possible. 351 Councilman Neal stated he attended a meeting of the Recreation Board and had been asked to inquire if the City would fertilize the softball field. Councilman Tomsic stated the fertilizing should be included in the Recreation Boards contribution request at budget time. He also stated the Board asked if the City could utilize its computer to do the accounts payable for the Recreation Board. Administrator Hollowaty stated it would be a simple matter of setting up accounts. Councilman Hefner read a letter from Anthony Councilman Hefner J. Osousky regarding the need for new industry. Mr. Osousky stated he felt the Council should actively pursue the regional prison, which would be very beneficial to the City's economic growth. Councilman Hefner also mentioned the fertilizer for the softball field could be added to the cemetary district's order, as they buy fertalizer in bulk. M Councilman White requested the employee health Councilman White CD insurance issue be put on the agenda for the next meeting. He also mentioned the State Re- tirement Fund situation and there was some W discussion regarding the matter. DO COUNCIL REPORTS CONTINUED Councilman Neal Administrator Hollowaty also read a list of Surplus Equipment to surplus equipment the City will be selling be bid out by sealed bid. The bid opening for the equipment will be at the next regular meeting. Mayor Stocks mentioned an asphalt paving seminar Mayor Stocks' Report to be held on March 24, 1983 and an APA Zoning Seminar to be held on March 18, 1983. Informa- tion on both seminars can be obtained at the City Office. Mayor Stocks also commended those involved in the City Cleanup. He also stated he had received a letter from the State regard- ing water contamination. Resolution 83-06, supporting the development RESOLUTION 83-06 of the Island in the Sky Roads, was read by SUPPORT ISLAND IN THE Administrator Hollowaty. Councilman Neal moved SKY ROADS the Council accept Resolution 83-06. Councilman Tomsic seconded the motion, which carried unani- mously by roll -call vote. Administrator Hollowaty read the statement TRAVEL COUNCIL from the Travel Council regarding maintenance MAINTENANCE BILL of the grounds. The bill included $2,688.15 for groundskeeper wages, $76.80 for equipment, $155.80 for sprinkler system repairs and sup- plies, $137.49 for grass seed and fertalizer and $152.23 for a lawnmower for a total bill of $3,210.47. The Travel Council is requesting the City pay $2,500.00 of that amount. Mayor Stocks, Attorney Mortensen and Administrator Hollowaty met on Friday to discuss the bill and recommended to the Council that the City pay $2,500 with the condition that the City would then own the equipment, as the City will be doing the maintenance for the Travel Council. Councilman Tomsic moved that $2,500 be paid to the Travel Council based on the recommenda- tions. Councilman Neal seconded the motion, which carried by roll -call vote, Councilman White abstained from voting due to conflict of interests. Administrator Hollowaty stated the boiler at SEWAGE TREATMENT PLANT the Sewage Treatment Plant is in serious shape BOILER SITUATION and has sprung several leaks this past week. It has been patched to hold pressure. The boiler is in such serious condition that rebuilding willbe as costly as buying a new boiler. Mr. 352 BOILER (CONTINUED) Hollowaty recommended to the Council that a new boiler be purchased and the budget amended. The Council discussed the matter and the possi- bility of purchasing a slightly larger boiler. Administrator Hollowaty stated he had asked Engineer Al Anderson to draw up the specifica- tions and do the entire bid package on the boiler. Councilman Tomsic moved to proceed with the bidding procedure and have Engineer Anderson handle the bidding procedure for a slightly larger boiler. Councilman Neal seconded the motion and there was more discussion. Cou- ncilman White called for the question. The motion carried unanimously. OLD CITY PARK Administrator Hollowaty stated an estimate SPRINKLING SYSTEM for the materials to extend the sprinkler system EXTENSION at the Old City Park had been put together by Ross Leech, Utilities Supervisor. The esti- mated total is $539.50. Mr. Hollowaty mentioned $700.00 has been budgeted. Councilman Neal moved the Council approve the expenditure of funds for the sprinkler system extension. The motion was seconded by Coucilman Hefner who also mentioned the Cemetary District is sending someone to Salt Lake City tomorrow to pick up pipe and the freight charges could be saved if the City's pipe is also picked up them. The motion carried unanimously. RAY PENE APPOINTED Mayor Stocks°stated he had approacheu stay Pene TO PLANNING COMMISSION about serving on both the Board of Adjustments (as appointed at the last meeting) and on the Planning Commission. Councilman White moved the Coucil ratify and confirm the appointment of Ray Penee to the Planning Commission. The motion was seconded by Councilman Neal and carried unanimously. CITIZENS APPEAR Mr. Garth Carter appeared before the Council BEFORE COUNCIL to inquire about the standing of his request for City Water. He was informed that the At - Garth Carter torney's opinion has not been given to Council yet. Administrator Hollowaty will notify Mr. Carter when the matter is again on the agenda. He also questioned the condition of the City water as his has had some discoloration. It was explained that the City has installed new valves on Fourth East and opened some valves after many years that contained sediment and caused discoloration. Utilities Supervisor Leech stated that chlorine residual tests have been taken and there is no problem with the chlorine levels. Mayor Stocks commented that perhaps a sample from Mr. Carter's residence could be tested. George Roberts CHIEF ISON'S COMMENTS REGARDING RESOLUTION 83-03 Mr. and Mrs. George Roberts appeared before Council regarding flood and drainage water in his area near Kane Creek Boulevard as his fields are being flooded. Engineer Keogh, Utili- ties Supervisor Leech and Administrator Hollo- waty will be meeting to discuss the situation and what can be done to resolve it. Chief Ison mentioned to Council he had received replys regarding the communications resolution (83-03) from Senator Nielson and Congressman Marriot and the resolution has been presented to the Congressional Aids in Washington for action. APPROVAL OF THE BILLS Councilman White moved the bills be paid as listed in the amount of $58,052.06. The motion was seconded by Councilman Brewer and carried unanimously by roll -call vote. 3 53, C7 O r� U DJ W Councilman Neal moved the meeting be adjourned. ADJOURNMENT The motion _Was seconded by Councilman Hefner and the meeting was adjourned at 9:35 P.M. by unanimous consent. APPROVED: Thomas A. Stocks Mayor ATTEST: ae,_e 9,,),cd2 Mark Hollowaty City Administrator/Recorder CITY COUNCIL March 15, 1983 A regular meeting of the Moab City Council was held RF - AR MEETING AND on the above date in the Council Chambers of the ATTENDANCE Grand County Courthouse. Attending were Councilmen Hefner, Brewer, Neal and White. Councilman Tomsic was excused as she was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Ison, Utilities Supervisor Leech, Secretary Rees, the media and 30 citizens. Mayor Stocks called the meeting to order at 8:01 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman WHite gave the Invocation. As there were no corrections to the minutes of March APPROVAL OF THE 1, 1983, Councilman Brewer moved to accept them MINUTES as presented. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty reported on the condition ADMINISTRATOR'S of the Skakel Springs water tank. He stated the floor REPORT and part of the walls are bubbling and rusting, due to being sprayed before dry. Major Paint and Sandblasting Company, who is currently painting another tank recommended the tank be painted before =nother year and quoted approximately $ 14,900 to repaint the Skakel Springs water tank. Mr. Hollowaty also reported that he and Mike Grosjean of the Utah Lands and Forrestry Office had checked the condition of the old cottonwood tree on First South and Third East. The tree will be 101 years old this spring. They took four bore cuttings and found the tree to be in fairly good shape. Mr Grosjean felt: if the tree was trimmed to take some weight off the branches it might last from five to seven years more. Adminis- trator Hollowaty stated he had received a response from the State Auditor's Office stating the audit was in good shape. Mr. Hollowaty also reported that Ross Leech, Utilities Supervisor, has requested the City purchase a street a/pint:mg machine from the State Surplus Office in the amount of $3,200 without a compressor. The machine is not budgeted and pur- chase would require minor budget amendments. Members of the Council were in favor of getting the machine from State Surplus. The matter will have to be add- ressed later in the meeting. Administrator Hollowaty also stated that, as the Pool Manager is a seasonal position, according to the Policy and Procedures 3 4 ADMINISTRATOR'S REPORT CONTINUED COUNCIL REPORTS Engineer Keogh Councilman Neal Councilman Hefner Councilman White Mayor Stocks BID OPENING - TENT CATERPILLAR SPRAYING BID OPENING - POLICE VEHICLE BID OPENING - CITY CASUALTY INSURANCE Manual he can appoint the manager and he would like to appoint Sandra Griffith with the Council's approval. Councilman Neal, Hefner and Brewer stated they would prefer to have the posit -Con advertised. The last item Mr. Hollowaty reported was the City Cleanup Day will be April 9, 1983. Citizens can have trash picked up at their curbside. Engineer Keogh reported he had investigated the flood problem on George Roberts property and had drawn up three possible solutions, which he explained to C'oitntil'. He also aslwds Council for clarification whether or not the' L'DS Church orchard is in the City. Councilman Neal reported that the ballpark would be fertilized by the school board. He also mentioned he had informed members of the Recreation Board that the fertilizer should be included in their budget request. Administrator Hollowaty stated it was feasible for the Recreation Boards books to be done by the City's computer after July 1, -1983. Councilman Hefner reported he had attended the City Council/County Commission meeting. The County Com- missioners would like the Mayor to submit a name for someone to sit on the Association of Governments Board. He also inquired about the status of the Kane Creek waterline. Administrator Hollowaty stated the Kane Creek waterline matter was in the hands of Attorney Mortensen, who stated he would try to have something by the next meeting. There was some dis- cussion regarding the matter. Councilman White expressed concern that, out of five utility companies in the City, we are the only one that doesn't have a night depository. Mayor Stocks informed the Council of a volunteer community garden that is being planned on property belonging to Kay L. Young. Administrator Hollowaty opened the first bid from Rocky Mountain Spraying, Robert J. Gritts, in the amount of $18,850.00. The second bid was from Olson's Wasatch Exterminators in Holladay, Utah in the amount of $5,850.00 using mist blowers only; $7,350.00 using mist blowers in residential areas and helicopter_im creeks and wooded areas. Administrator Hollowaty pointed out that the bid specifications called for mist spraying and aerial spraying in wooded areas. Councilman Hefner moved to award to Wasatch Exter- minators in the amount of $7,350.00 contingent on review of the bid specifications. Councilman White seconded the motion, which carried unanimously by roll -call vote. Administrator Hollowaty opened the bid from Gaither Chevrolet Pontiac in Moab, who stated they did not have a police vehicle they wished to bid on at this time. The second bid opened was from Peterson Ford for a 1983 Ford LTD in the amount of $10,546.00. Councilman Brewer moved to accept the Peterson Ford bid in the amount of $10,546.00. Councilman White seconded the motion, which carried by majority vote, Councilman Hefner voting against the motion. Administrator Hollowaty opened the four bids received from Kelling Insurance Agency, Central Utah Insurance Agency, Fossey-Leavitt Insurance Group and Allen Insurance Agency. Councilman Neal moved to take the bids under advisement and review. The motion died for lack of second. There was discussion among Council. Councilman White moved to accept all bids and postpone the decision until the bids can be in- vestigated. Councilman Brewer seconded the motion, which carried unanimously. 35 Bids were received on the surplus property as follows: BID OPENING - Lee Mahoney bid $125.00 on the IBM Selectric type- SURPLUS PROPERTY writer; Stephen Bowe bid $25.00 on the IBM Executive typewriter and $50.00 on the IBM Selectric typewriter; Kent Johnson bid $7.00 each on the IBM Selectric, the IBm Executive and the IBM Electric typewriters; Grand County Travel Council bid $250.00 on the IBM Selectric typewriter; Shirley Lammert bid $50.00 on the IBM Selectric typewriter; Daniel Zink bid $100.00 on the IBM Selectric typewriter; Roger Russel bid $106.,00 on the IBM Selectric and $76.00 on the IBM Executive typewriters; Clean Day Timber Company bid $75.00 on the IBM Executive typewriter; Don T. Sparkman bid $500.00 on the Essick roller; Bob Shupe bid $100.00 on the 1966 Ford F750 dumptruck ad $209.00 on the 1968 Chevrolet •dumptruck; High Desert Builders bid $254.62 on the 1968 Chevrolet dumptruck; Kent Johnson bid $50.00 each on the 1977 Ford, the 1978 Chevrolet and the 1977 Chevrolet; Dick Stephens of C and -R Auto bid $350.00 on the m 1966 Ford dumptruck, $655.20 on the 1968 Chevrolet dumptruck, $275.30 on the 1977 Chevrolet, $345.30 on the 1978 Chevrolet and $275.30 on the 1977 Ford. LU Councilman Hefner moved to accept the bids as fol- (.T] lows: IBM Selectric typewriter to Lee Mahoney for $125.00; IBM Electric typewriter to the Travel Council for $250.00• the IBM Executive typewriter to Roger Russel for $76.00; the Exxicks Roller to Don T. Spark- man for $500.00; and C and R Auto's bids on the 1977 Chevrolet, 1978 Chevrolet, 1977 Ford LTD, 1966 Ford dumptruck, and the 1968 Chevrolet dumptruck. Councilman Neal seconded the motion, which carried by majority vote, Councilman White abstaining. Administrator Hollowaty stated the renewal date for EMPLOYEE HEALTH the employee health insurance contract is July 1st. INSURANCE TO GO TO BID Councilman Brewer stated he would like to see pro- posals from other insurance carriers that would in- clude dental insurance. Councilman White stated he felt that the City could purchase both health and dental coverage with savings. He moved the Admini- strator be allowed to invite bids for medical and dental coverage for City employees. The motion was seconded by Councilman Brewer and carried unani- mously. Mr. Harold Jacobs appeared before Council on behalf REQUEST TO MOVE of the Daughters of the Utah Pioneers to request HISTORICAL MARKER that the historical marker near Black Oil Company be moved to the Visitor's Center on the north end of the building under a tree to give it better expos- ure. Councilman Hefner moved the Council allow the `_istorical marker to be moved. Councilman Neal se- conded the motion, which carried unanimously after a brief discussion. Mr. Travis Tritschuh of the Chamber Music Society REQUEST TO WAIVE appeared before Council to request the transient TRANSIENT MERCHANT merchant requirements be waived for Hart Music. REQUIREMENTS FOR The Chamber Music Society will be presenting a duet HART MUSIC COMPANY and needs a grand piano. Hart Music Company has offered the use of a grand piano if they can be allowed to demonstrate and sell at the Ramada Inn the next day. The matter was discussed by members of Council who were in favor of the Chamber Music Society's efforts but felt the transient merchant ordin- ance should be complied with. Mr. Bruce Long of KURA Radio appeared before Council REQUEST TO HOLD to request permission to use -the City Park for an EASTER EGG HUNT AT Easter egg hunt. Councilman White moved to allow PARK - KURA the Easter egg hunt sponsored by KURA. The motion was seconded by Councilman Brewer and carried un- animously. -356 HIRING OF POLICE OFFICER I DEFEATED Administrator Hollowaty read a memo from Chief 'son recommending Kenneth Bohn be hired to fill the vacant Police Officer I position. Councilman Hefner moved that a moratorium be put on hiring police officers at this time. Councilman Neal seconded the motion. Councilman Brewer responded that the motion was out of order, as the staffing level for the Police Department is set be resolution. Administrator Hollo- waty stated there is no requirement for the Council to approve the hiring of police officers. City Attorney Mortensen said the previous resolution would have to be recinded by a two-thirds vote before a mora- torium could take effect. There was a gread deal of discussion regarding the matter after which the motion was defeated by lack of two-thirds vote, Councilman Hefner and Neal voting for the motion and Councilmen Brewer and White voting against. Councilman White then moved to hire Kenneth Bohn as Police Officer I, at Grade 14, Step 1. Councilman Brewer seconded the motion, which was defeated due to Mayor Stocks casting the tie -breaking vote in the negative, stating he had mixed feelings. There was further discussion and Councilman White made another motion, which he withdrew. FINAL APPROVAL OF Going before the Council for final approval was a PLANNING COMMISSION request to rezone approximately 12 acreas near Power - ACTIVITIES FOR MRS. house Lane by Mrs. Doris Barry. Attorn_, Iortensen DORIS BARRY DENIED stated Mrs. Barry was requesting the zone change only if the BLM is awarded to SDS Development. He further stated it was improper to approve with condi- tions and recommended the matter be returned to the Planning Commission. Mrs. Barry and Mr. Art LeFebre appeared before Council to explain the reason for the conditions. After some discussion, Councilman White moved to refer this rezoning matter to the Planning Commission with the recommendation that a public meeting be called at the earliest time to conform with the sunshine law. Councilman Neal sec- onded the motion. Attorney Mortensen stated he saw no reason for a second public hearing as one has already been held. The motion carried unanimously by members present. APPROVAL OF THE Councilman White moved the bills be paid in the BILLS amount of $422,718.45, including the purchase of certificates of deposit and other items not previously included. Councilman Hefner seconded the motion, which carried unanimously by roll -call vote. REQUEST FOR RECESS Councilman Neal moved the meeting be recessed for PRIOR TO EXECUTIVE five minutes before the Executive Session. Councilman SESSION Hefner seconded the motion, which carried unani- mously. The Council recessed at 10:40 P.M. APPROVED: Thomas A. Stocks Mayor ATTEST: C/` /6t M rk Hollowaty City Administrator/Recorder 357 CITY COUNCIL SPECIAL MEETING March 21, 1983 A specially called meeting of the Moab City Council SPECIAL MEETING AND was held in the Conference Room of City Hall on ATTENDANCE the above date for the purpose of discussion of several matters and the appointment of a Deputy City Attorney. Attending were Councilmen Hefner, Neal and Brewer. Councilmen Tomsic and White were out-of-town. Also attending were Mayor Stocks, City Treasurer McLeod, Deputy Recorder Coursey, Building Inspector Kelley, Utilities Supervisor Leech, Building Inspections Clerk Price, Chief lson, Secretary Rees, the media and 11 citizens. Mayor Stocks called the meeting to order at 4-07 P.M. and asked Councilman Neal to give the Invocation. Cal Councilman Hefner expressed concern that the ad- DISCUSSION REGARDING 0 vertisement for the pool manager stated applicants THE SWIM POOL MANAGER 1-4 should be WSIT certified, stating he felt it limited POSITION L.3 the job to one person. He also stated he felt too W much emphasis was put on the swimming qualifications C17 of the pool manager when the job requires more, as the shop personnel have been doing the mainten- ance at the pool and requested the Council look into putting someone in as manager who could also main- tain the pool. Councilmen Hefner and Brewer agreed that the job should be advertised per the job descrip- tion and as it had been advertised in the past. Mayor Stocks asked if the maintenance duties could be added to the job description and presented to Council. Councilman Hefner stated this matter had come before DISCUSSION REGARDING the Council at the last meeting, but as the tank WATER TANK PAINTING serious needs painting, he questioned if Major Paint and Sandblasting could paint the Skakel Springs tank while they were here if Council extended their contract. Supervisor Leech mentioned that Major Paint and Sandblasting has already finished painting the Powerhouse Lane tank and taken their equipment. There was some discussion regarding putting the repainting out to bid or going back to the original paint contractor to check the guarantee. Due to the fact that Attorney Mortensen will be out- APPOINTMENT OF DEPUTY of -town when a City matter goes to court, he recom- ATTORNEY mended to Council that County Attorney Bill Benge be appointed as Deputy City Attorney. Councilman '3efner moved to accept Attorney Mortensen's recom- mendation and appointAttorney Bill Benge as Deputy City Atiuiiiey. The mouop was seconded by Councilman Brewer and carried unanimously. Councilman Hefner stated that Councilman White had REVIEW OF INSURANCE met with each of the four local agents who submitted BIDS POSTPONED proposals for insurance coverage to discuss their proposals and was to prepare a report for Council. Councilman White had not arrived at the meeting as expected and Mayor Stocks called a five minute recess to allow time to call Councilman White. Mayor Stocks called the meeting back to order at 4:50 P.M., stating that Councilman White was not back in town. Insurance agent Kitty Belling reviewed the City's present policy. She recommended the City lower some of the deductibles presently carried. There was a discussion regarding the 'insurance matters, including the state statute covering third-class cities bidding their insurance annually. The insurance proposals were not reviewed, due to Councilman White's absense. 358 DISCUSSION REGARDING THE TREASURERS DUTIES DISCUSSION REGARDING BUILDING INSPECTIONS DEPARTMENT REQUEST FOR CLASS II BEER LICENSE FOR CATHERINE MATTINGLY DBA BOX CANYON BBQ CAB REQUESTS CITIZEN INPUT FOR ALPINE AVIATION'S PROPOSAL ADJOURNMENT Mayor Stocks stated he had asked accountant Ed Claus to prepare a letter regarding internal controls of the City funds, as he was concerned that the Treasurer, Barbara McLeod was doing the duties of the treasurer and a computer operator. Treasurer McLeod questioned why the issue had been brought up in a special meeting, adding that special meetings are of an emergency nature and could result in ques- tions being raised concerning her integrity. Council- man Hefner stated there was no question of the Treas- urer's integrity. Mayor Stocks reported CPA CLaus recommended review of the City's computer system by the City staff, Administrator and his auditing firm to institute a system of controls. Treasurer MdLeod suggested that the City name an auditor a year in advance, so the auditor could conduct unannounced reviews of the records. She also added that she does' not handle disbursements and is only responsibles for revenues. She added that her records are available for inspection at any time and has been audited for the past -four years without any questions. Mayor Stocks complimehted Treasurer McLeod and Deputy Recorder Coursey, stating that they were both doing a good lob. Mayor Stocks also stated he would like to schedule a ,Imeeting regarding inter- nal controls sometime after April 15, 1983. Mayor Stocks stated the seperate City and County Building Inspection offices have bothered him since he took office. He further stated the cost of operating both offices is $85,000, adding that he feels one man could cover both the City and the __inty. He presented Resolution 83-07 which would eliminate the position of City Inspector and arrange with the County to use their inspector on a part-time basis. Councilman Brewer responded that such a change would constitute reclassification and would require an analysis by the City Administrator, according to the Personnel Policy and Procedures Manual. He added he felt the County should also do an analysis of their inspections department and that facts and figures be presented to Council. There was a great deal of discussion among Council members and citizens regarding the workload of the department. It was agreed that the City Administrator would do an analy- sis) of the department to be brought before a full Council. Chief ' Ison appeared before Council, stating the back- ground investigation on Mrs. Mattingly had been completed and no reason was found not to issue the beer license requested. Councilman Neal moved to issue a Class II Beer License to Mrs. Catherine Matt- ingly dba Box Canyon BBQ. The motion was seconded by Councilman Hefner and carried unanimously by the three members present. Chief Ison requested that a copy of the Alcoholic Beverage Ordinance be given to each applicant for a beer license. Mayor Stocks mentioned he had received an order from CAB requesting any citizen input be directed to the Board before March 29, 1983 regarding the proposal for air service by Alpine Aviation. As there was no further business, Councilman Brewer moved to adjourn the meeting. The motion was second- ed by Councilman Neal and carried unanimously at 6:16 P.M. ATTEST: APPRO Thomas A. Stocks, Mayor 'e Mark HWd waty City Administrator/Recorder 359 SPECIAL MEETING March 30, 1983 A Special City Council Meeting was held on the above date in the Conferences Room of City Hall at 7:00 P.M. for the purpose of awarding the City insurance. Attending were Councilmen Tomsic, White, Neal and Brewer. Councilman Hefner was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Secretary Rees and -insurance agents Kitty Kelling of Kelling Insurance Agency, John Fogg of Central Utah Insurance Agency, Lynn Wright of Fossey-Lea- vitt Insurance Group and David Allen of Allen Insur- ance Agency. Mayor Stocks called the meeting to order at 7:00 P.M.; Councilman Neal gave the Invoc- ation. Councilman White explained that bids on the City's M casualty insurance had been invited using a standard p bid package recommended by the League of Cities r-1 and Towns. Four bid proposals were received from local agents. Councilman White stated he had spent ELI W approximately an hour and a half with each agent going through their proposals for explanation and matching to the specifications to determine the cover- age. Agent Kitty kelling questioned why the insurance had been re -bid when the present policy does not expire until December of 1983. Administrator Hollowaty explained that we are required by law to bid our insurance coverage annually, however, it is accept- able to bid every three years, due to the amount of work involved for the insurance agents. There was a great deal of discussion regarding the various deductibles available with the different pol- icies. The City currently carried $100 deductibles. The Council discussed various areas of the insurance that would be beneficial to carry larger deductibles. Each agent was invited to explain about their policy and the coverage included. The Council discussed all areas of the specifications and each policy. Mem- bers of Council agreed to carry a $500 collision ded- uctible, $50.00 deductible on comprehensive and a $5 million umbrella. Councilman Neal moved to accept the lowest bid of Central Utah Insurance submitted by Ageny John Fogg. Councilman Tomsic stated she felt the motion should include a dollar mount. The motion was restated by Councilman Neal to include "in the amount of $14,078." Councilman Brewer second- ed the motion, which carried by majority ,roll -call vote, Councilman Tomsic being opposed, stating she felt it was unfair as the current insurance carrier had six months to run before the policy expired and the City would be charged a penalty fee. Councilman White moved the meeting be adjourned with Councilman Tomsic seconding the motion, which carried unanimously. The meeting was adjourned at 9:02 P.M. APPROVED: Thomas A. Stocks Mayor ATTEST: Ctia G i Mark Hollowaty City Administrator/Recorder SPECIAL MEETING AND ATTENDANCE INSURANCE AWARDED TO JOHN FOGG OF CENTRAL UTAH INS. 360 REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT ENGINEER KEOGH'S REPORT ADMINISTRATOR'S REPORT CONTINUED CITY COUNCIL April 5, 1983 A regular meeing of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Councilmen White, Neal, Hefner, and Tomsk . Also attending Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, Chief 'son, Utilities Supervisor Leech, Secretary Pees, 2 'members of the media and 24 citizens. Councilman Brewer arrived at 8:08 P.M. Mayor Stocks called the meeting to order at 8:02 P.M., Councilman Neal lead the Pledge of Allegiance and Councilman White gave the Invocation. As there were no corrections needed after clarification Councilman Hefner moved ther minutes of March 15, 1983 be accepted as presented. The motion was second- ed by Councilman White and carried unanimously. Councilman Hefner then moved to accepty the minutes of the special meeting of March 21, 1983 as presented. The motion was seconded by Councilman Neal and carried unanimously. Councilman Tomsic stated she would like to have it included int eh special meeting minutes that she was out-of-town. The first item on Administrator Hollowaty's report was the Moab Baptist Chu ch sewer line. Engineer Keogh stated it would require 541 feet o= inch sewer pipe to connect the church at a cost of $450.00. There was discussion regarding the feasibility of installing a septic tank. Darrel Dalton appeared on behalf of the Moab Baptist Church, stating members would be willing to help with the work. Administrator Hollowaty recommended to go with the most permanent solution of sewer line rather than septic tank as Engineer Keogh feels there is sufficient rate of fall. As Engineer Keogh had to leave early, Administrator Hollowaty yielded to him for the remainder of his report. He reported on the drainage problem on George Roberts property, stating he had put together cost figures of approximately $13,000 to run a drain from the church to the creek. Another alternative he men- tioned would be to encourage Moab Brine Company to impound the saltwater that is draining on Mr. Roberts property and ruining his land. In this in- stance, he felt the City could assume no responsibil- ity as the land is the same as when Mr. Roberts acquired it. Administrator Hollowaty commented that perhaps we could work with the Army Corpos of Eng- ineers to reach a final solution. Councilman Hefner mentioned he had spoken with Mr. Ray Klepzig of Moab Brine Company who stated he did not feel the brine is the problem but is willing to help work out the problem. Engineer Keogh left the meeting at 8:30 P.M. Administrator Hollowaty reported that anyone interest- ed in being on the Shade Tree Commission should notify by letter either the Mayor or himself. He also reported the City still needs a representative for the Chamber of Commerce. Administrator Hollowaty questioned the status of the water lines for Kane Creek Annexation and Garth Carter properties, stating the annexation was completed September 7, 1982. Attorney Mortensen stated that, regarding the Kane Creek Annexation water lines, the City could be bound by implied contract and he feels the City should go ahead with the water line. However, there is no contractual obligation in the instance of Garth Carter's request. Attorney. Mortensen stated that the terms of the agreement with the Kane Creek Annexa- tion water line are vague. Mr. Kay L. Yound com- mented that the City has already bought the pipe 3 6 t and the residents of the annexed territory will work ADMINISTRATOR'S REPORT with the City regarding the water line. Councilman CONTINUED Brewer stated he felt it was an agreement in princi- ple that the City would buy the pipe and there would be help from the residents of the annexation. Mr. Young stted he would check with the other people and get together with the Administrator and the Attor- ney. The final item Administrator Hollowaty mentioned in his report was a Water Cross -Connection Seminar to be held in the Council Chambers on May 8, 1983 from 7:00 P.M. until 10:00 P.M. The seminar will be presented by the State Health Department's Division of Water. Councilman Brewer reported he had been contacted COUNCIL REPORTS for approval to use the City Park for the Craft Fair but didn't remember the date and would bring the matter back to Council at the next meeting. Councilman White mentioned he had reported by memo- randum to the Council on the State Retirement situa- CfD O hon. 1-4 Mayor Stocks reported he had received a letter re- [i] garding a meeting for legislative review on April W 8, 1983 in Salt Lake City. Speakers will explain the legislative action and how it will affect our City. Councilman Neal moved to rescind the motion of March MOTION RESCINDED 15, 1983 relating to the appointment of a Police Of- ficer I in accordance with the notice given by written agenda. The motion was seconded by Councilman HIRING OF KENNETH BOHN White and carried by majority vote, Councilman Hefner AS POLICE OFFICER I voting against the motion. Councilman Neal then AT GRADE 14, STEP 1 moved to appoint a Police Officer I, which was sec- onded by Councilman WHite. Councilman Tomsic re- quested he amend his motion to add the name of Kenneth Bohn as recommended by Chief Ison. Council- man Neal amended his motion to appoint Kenneth Bohn as Police Officer I tat Grade 14, Step 1. Council- man White acdepted the amended motion and seconded the motion, which carried by majority vote, Council- man Hefner being opposed. Administrator Hollowaty presented Resolution 83-08 RESOLUTION 83-08 SETTING setting the salary of the City Administrator/Recorder THE SALARY OF ADMINIS- with the salary amount ,left blank. Councilman Tomsic TRATOR HOLLOWATY moved that the yearly, 'compensation for the Adr,inis- ADOPTED, GIVEN INCREASE trator be set at $26,400.00. The motion was seconded by Councilman Brewer. Councilman Tomsic stated that the matter had been discussed in previous Exec- utive Session when the Council decided they could arrive at a decision in April. The motion carried by majority, Councilman Hefner being opposed. Coun- cilman Tomsic then moved to adopt Resolution 83-08 setting the salary of the City Administrator. The motion was seconded by Councilman White and carried by majority roll -call vote, Councilman Hefner voting against the motion. Mr. Antonio Chio appeared before Council to request REQUEST FOR BUSINESS a business license to opeate a massage therapy clinic. LICENSE TO OPERATE He passed letters of recommedation and copies of A MASSAGE THERAPY his certificate of completion as a massage practitioner CLINIC - ANTONIO CHIO to the Council. He stated he would be operation out of an office and that the inspector had approved the office. There was a gread deal of discussion among the Council, as there is no ordinance govern- ing massage clinics. Councilman Brewer asked if the State of Utah required a state license for masseurs. Mr. Chio stated he had contacted Larry Caten at the Division of Business Regulations who informed him a state license was not necessary. Attorney Mort- ensen stated the Council could grant the license for a probationary period with conditions. Councilman 362 REQUEST FOR BUSINESS LICENSE TO OPERATE A MOBILE LUNCH WAGON - IDA VIGIL RESOLUTION 83-07 TABLED MAXINE ALEXANDER'S REQUEST TO REVIEW UTILITY BILL APPROVAL OF THE BILLS ADJOURNMENT Hefner moved the request be tabled until the next meeting in order for the Council to review the matter. The motion was seconded by Councilman Tomsic and carried by majority, Councilman White being opposed. Mrs. Ida Vigil appeared before Council to request a business license for a mobile lunch wagon. She explained that the wagon would be going to primarily businesses at lunchtime. There was discussion among Council as to whether this request is a transient business license. Councilman Hefner moved to table this matter until the Councilcan decide if this re- quest is considered transient. Councilman *peal second- ed the motion, which carried by majority, Councilmen Brewer and White being opposed. Administrator Hollowaty read Resolution 83-07 desig- nating the Moab Community Development Agency pursu- ant to the Interlocal Cooperation Act. Mr. I. D. Nightingale appeared before Council to again ask for the Council's support for the Moab Economic Coun- cil. He stated the Resolution is needed to apply for a grant to study the development project. There was a great deal of discussion and questions by the Council. Mr. K. E. McDouglad also appeared before the Council. Attorney Mortensen stated the resolution could not be passed at this meeting as there were minor changes and typographical errors that needed to be corrected. Adruinucrator Iollowaty suggested a letter be, written to Bill Howell of the Southeastern Utah Association of Governments indicating that the Council is in the process of completing tl._ y _perwork to present the resolution setting up the Community Development Agency but due to the timing, the Resol- ution could not be done tonight. All members of Council could sign the letter. Mrs. Maxine. Alexander appeared before Council to request a review of a utility bill from property locat- ed at 280 East Second South. She explained that she had sold the rental property and had to take it back due to default. When she had the utility bill transferred back to her name, she also got a three month utility bill that had not been paid by Art Smith, who had purchased the property. The Council felt this matter would be a legal question and does not involve the City. Councilman Brewer stted he felt the bill would belong to Art Smith. Administkor Hollowaty state0, if the papervrork on tile:, sale of the property Could be presented, the bill could be sent to Mr. Smith. Councilman White moved the bills be paid in the amount of $351,639.16 as presented. He also stated the bills were highter because of the purchase of certificates' of deposit. Councilman Tomsic seconded the motion. After discussion, Councilman White reword- ed his motion to pay the bills in the amount of $66,639.16,and approve the purchase of two certificate of deposit in the amount of $285,000.00 for a total amount of $351,639.16. Councilman Tomsic accepted the change in her second and the motion carried unanimously by roll -call vote. After deciding to discuss the tabled matters at the budget workshop on April '24, 1983, Councilman Hefner moved to adjourn the meeting. Councilman Brewer seconded the motion, which carried unanimously. The meeting adjourned at 10:43 P.M. APP '!`/^" `�� omasA� c cs, ayor ATTEST: /'7� Mark Hollowaty, City Administrator/Recorder 363 M O U W W CITY COUNCIL April 19, 1983 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County `Courthouse on the above date. Attending were Councilmen. Hefner, Brewer, Tomsic and White. Councilman Neal was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, Chief Tson, Utilities Supervisor Leech, Secre- tary Pees, the media and 27 citizens. Mayor Stocks called the meeting to order at 8:01 P.M.; the Pledge of Allegiance was lead by Councilman Brewer and Councilman White gave the Invocation. Councilman Tomsic moved the minutes of the special meeting of March 30, 1983 regarding the insurance award be approved as presented. Councilman Brewer seconded the motion, which carried unanimously. Councilman Tomsic moved the minutes of the regular meeting of April S, 1983 be approved as presented. Councilman White seconded the motion, which carried unani- mously. Administrator Hollowaty stated he had received monetary and labor committments from property owners in the area of Garth Carter's property regarding the water line. Councilman Tomsic commented that a special improvement district should be set up for that water line. Adminis- trator Hollowaty reported on the situation with Maxine Alexander's water bill for the apartments. He stated that the property was sold on contract and reverted to Mrs. Alexander on March 2, 1983. The outstanding water bill is for December, January, and February and therefore the water bill should be collected from Mr. Anderson, who was under contract to purchase the property at the time the bills were incurred. Mr. Hollowaty also reported 'that the tent caterpillar spraying will be done as soon as the catterpillars start feeding on the leaves. He stated he was working directly with the State Forrestry Department. Adminis- trator Hollowaty questioned the Council as to how he should proceed on the renovation of the swimming pool. Members of Council con- cluded that the engineering firm of James M. Montgomery draw plans and put the pool out to bid and that Mr. Hollowaty proceed immed- iately. The final item on the Administrator's report was regarding complaints received from various citizens about David and Nancy Minor selling feed out of their residence in Cotton- wood Subdivision when the Planning Commission turned down their request to rezone portions of the area. Attorney Mortensen will check further on the matter. Councilman Hefner questioned the status of hiring a swim pool manager. Administrator Hollo- waty stated he had decided on Sandra Griffith as she was the only qualified person from the community. Councilman Hefner questioned the status of the Garth Carter waterline. Attorney Mortensen stated he felt the City had no duty to do anything but could set up a special impro- vement district and an agreement with the pro- perty owners in the area. Councilman hefner also questioned the progress on the Kane Creek REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES, ADMINISTRATOR'S REPORT Garth Carter Waterline M. Alexander waterbill Caterpillar spraying Pool out to bid Council Reports Hefner 364 COUNCIL REPORTS CONTINUED Tomsic requests special meeting White's report Attorney's report (Sewage Treatment Plant Expansion land acquisition) Engineer's report BID OPENING - SEWER TREATMENT PLANT BOILER waterline. Administrator Hollowaty informed him that work would begin on the water line as soon as the crews are free, adding that property owners in the area had made committ- ments to help with labor and equipment. Council- man Hefner also 'stated he had had an inquiry regarding the duplex off McGill and MiVida. He questioned why the permit was issued without checking the lot size and why the matter was not on the agenda. Administrator Hollowaty stated the Zoning Administrator processes the application for building permits but it is the responsibility of the property owner to provide a correct plot plan. In this instance, real estate people submitted the plot plan, which was assumed to be correct. When Inpsector Kelley determined the property was mismeasured, he informed the holder of the building permit. He further stated there had been manipulation of property between owners and the required 10,000 square feet was now in order; therefore, it is not on Council agenda as no action was required. Had action been required, it would have been through the Planning Commission. Councilman Tomsic asked if Mayor Stocks would call a Specail Meeting on Friday, April 22, 1983 with members of the Economic Development Board, the County Commissioners and the City Council. Councilman White stated he had suu....,tted a written report on the Association of Governments meeting he had attended and questioned Attorney Mortensen as to what could be done legally regarding sandwich signs placed onthe city sidewalks. Attorney Mortensen questioned what actions are being taken to acquire the needed land for the sewage treatment plant expansion. Admin- istrator Hollowaty indicated the property owner has been contacted and he will get with him regarding acquiring the new portion of land. Engineer Keogh stated a problem had come up on the sewer line to the Moab Baptist Church as the Episcopal Church is not in favor of allowing the sewer line to run across their property. He also mentioned Ross Leech, Utilit- ies Supervisor had requested the street lines be spotted as the Department of Transportation will be here soon to stripe the street and there exists a problem with enough room for angle parking. Administrator Hollowaty stated he would check the parking survey that was done last year to get the parking marked and signed to be legal. Administrator Hollowaty stated two bids had been received for the boiler. The first bid opened was from Jay Wilcox Sales Company for substitute boilers as they were unable to meet the small BTU requirements. The first boiler bid was a Brian Steam boiler for use with sewer gas and natural gas in the amount of $13,055.00. The second bid opened was from Eimco in Salt Lake City for an Ajax boiler as required by the specifications in the amount of $26,841.00. Administrator Hollowaty recommended the bids be forwarded to Al Anderson of the engineering firm James M. Montgomery and award based on his recommendation. Councilman White moved to table the bid award until Engineer Anderson could review and recommend which bid was the most responsbile. The motion was seconded by Councilman Tomsic and carried unanimously. 365 m O C..) W W Attorney Mortensen stated that the State will be licensing this area of practice within a short time and recommended that the Council issue a shorter term license with stipulations that Mr. Chio conform to the State law when it is in effect. Councilman Brewer moved that upon payment of the license fee, the City is authorized to grant a business license to Anton- io Chio to operate a massage therapy clinic for a period not to exceed six months, condi- tional upon the applicant fully complying with the provisions of Section 58-47-1 of the Utah Code Annotated, 1953 as amended regulating massage practice or it's successor provisions and with the understanding that in the event the applicant shall not become licensed with the Utah Board of Massage within 90 days of its establishment, said license shall automat- ically lapse unless extended by affirmative vote of the Council. The license shall be furth- er conditioned upon the understanding that the grounds for its revocation shall include, but not be limited to, any violation of the Utah Massage Practice Act and any violation of Chapter 17 of the Moab City Ordinances. The motion was seconded by Councilman White and carried unanimously. Attorney Mortensen stated he felt the best choice in this matter would be t6 request the applicant comply with the Transient Merchant Ordinance and issue same. Councilman Hefner gpoved to authorize Mrs. Vigil to have a Trans- ient Merchant license. The motion was seconded by Councilman Tomsic and carried unanimously. Administrator Hollowaty stated the request also incuded the use of the strip of land adjac- ent to Boise -Cascade for pony rides. There was discussion regarding the ownership of the strip of land. Engineer Keogh stated he had researched the matter and the City only opined the property to the center of the street and therefore could not authorize the use of the stipe of land. Councilman White moved to autho- ize the use of the City Park for the Craft Fair on May 28 and 29, 1983 and that no horses be allowed on the park premises. The motion was seconded by Councilman Brewer and carried unanimously. Mrs. Shirley Nelson appeared before Council to protest the raise given Administrator Holl- owaty. She stated she felt it was unwise to award such an increase in pay when so many are without work and no pay. Several citizens appeared before Council con- cerning the building of a duplex on McGill and MiVida including Frank Roseman, Chris Rose- man, Cherri Dolphin, Gene Carey and Gladys Carey. There were several c mments both pro and con and a great deal of 'scussion after which Attorney Mortensen was nstructed to look into the matter. Councilman White moved the bills be paid as presented int he amount of $44,380.35. The motion was seconded by Councilman Hefner and carried unanimously, by roll -call vote. Councilman White moved the meeting be adjourned. The meeting was adjourned at 9:47 P by unani- mous consent. DECISION REGARDING REQUEST LICENSE MASSAGE Antonio FOR BUSINESS TO OPERATE THERAPY CLINIC Chio DECISION REGARDING REQUEST TO OPERATE A MOBILE LUNCH WAGON- Id- gil REQUEST TO USE CITY PARK FOR CRAFT FAIR CITIZENS MAY APPEAR Shirley Nelson Carey & Dolphin duplex APPROVAL OF THE BILLS ADJOURNMENT �-:� ,-,-- ATTEST: Thomas A. Stocks, Mayor Mark Hollowaty, Administrator/Recorder 366 CITY COUNCIL APRIL 25, 1983 A Special City Council meeting was held on SPECIAL MEETING AND the above date in the City Council Chambers ATTENDANCE of the Grand County Courthouse. The meeting was a joint meeting with the Grand County Com- mission concerning the appointment of an Inter - local Government Agency. Attending were Council- men Keith Brewer, Marjorie Tomsic, Sheldon Hefner and David White; Grand County Commis- sioners Barbarb Ing, Bill Hance and Jimmie Walker; Mayor Tom Stocks, City Administrator Mark Hollowaty, City Attorney Paul Mortensen, County Attorney Bill Benge, Attorney A.J. Coff- man, Economic Development Committee members K.E. McDougald, I.D. Nightingale and Ray Klepzig and citizens Sam Taylor, Rand Taylor, Harold Gaither, Bill Davis representing the media and Secretary Sharren Rees. Mayor Stocks called the meeting to order at CALL TO ORDER 7:17 P.M.; Councilman White lead the Pledge of Allegiance and Councilman Hefner gave the Invocation. The purpose of the meeting was to discuss the PURPOSE OF MEETING creation of an intergovernmental agency for TO DISCUSS CREATION the •development of the property surrounding OP '"TERLOCAL the Golf Course as previously submitted by GOVERNMENT AGENCY the Economic Development Committee. Chairman I.D. Nightingale stated the proposal represented a large-scale investment for the area, which would create new jobs and encourage tourism and urged the Council and the Commission to create the development agency under the Inter - local Government Act. Committee member K. E. McDougald stated the proposal setting up the agency is not final, it is a first draft and changes can be made. He explained the proposal submitted by Canyonlands Associates of Salt Lake City for the development, which will cost approximately $4 million. Mr. McDougald stated the developer will take over the operation of the present golf course on a long-term lease basis. Attorney A. J. Coffman commented that the land belonging to the City, approximately 100 acres, would not be given away, as the property's value would have to be balanced against the benefits to the community from such a development. City Attorney Mortensen stated that while it was generally agreed that the development would be beneficial to the community, he had not yet seen the compelling reason for creation of the Intergovernmental agency to accomplish the goals of the project. He questioned the broad authority granted to the Agency, without specifics on what powers could be used, such as issuing bonds. Attorney Mortensen also ques- tioned whether members of the County Commission or the City Council could be held liable for expenses incurred by the Agency or that their legislative powers could be taken away. He also expressed concern about the length of the agreement with so much left open. Attorney Bill Benge expressed concern about creating a "third layer of government" that would be governed by a nine member board. 367 Attorney A. J. Coffman stated that the agency would be made up of private citizens, Moab City (which would provide the land) and Grand County (which would have zoning authority). Ray Klepzig of the Economic Development Board, commented that the creation of the Agency would speed up the process, as the developer would not have to go back and forth between the two local governments. I.D. Nightingale commented that if the developer encountered problems, the project could be killed. A system of checks and balances can be built in the agreement. Councilman Tomsic questioned whether the City would have to hold public hearings before the land transfer could take place. Attorney Coffman responded that the City could transfer the land to the development agency with provisions to guarantee that the value of the land would be recovered. City Attorney Mortensen recommend- ed that experts in the field be consulted to M be sure the transfer is done right before a final decision is made. K.E. McDougald commented ,..� that the City has broad powers in dealing with C> it's land, which, he added, is not worth any - GO thing unless it is put to work. He reiterated ral that the developer would take over the running of the municipal golf course, including expenses thereby saving the City and the County approx- imately $40,000 a year. Councilman Hefner asked why the developer could not come to the Council and Commission and work directly with them. Chairman Nightingale stated that could create a problem for the developer, as he would be dealing with different elected people and it's harder to work with two seperate groups. Councilman Brewer stated he was in favor of the development and expressed support for the agency, but questioned whether the City could legally sell the land for $1.00 an acre. City Attorney Mortensen stated he saw tremendous problems along with the benefits to the commun- ity. Commissioner Ing questioned whether similar interlocal agencies have been used by other communities. Mr. McDougald pointed out that the Intergovernmental provision had been used for city dumps and parks, but probably not for such a recreational development. Commission- er Ing also stated her support for the project, but questioned the need for the agreements, further stating she doesn't see where the County has any need to be part of the Agency. Chairman Nightingale responded that the County needs to be involved from a supportive standpoint, adding that the community needs to present a united front. Commissioner Ing stated she still doesn't see the need for the involvement and asked how the Agency will go about getting the 160 acres from BLM. Attorney Coffman stated the City has a patent under the Interior Depart- ment for recreational purposes, if the land is used for any other purpose, it would pay one-half the approximate value. Councilman Tomsic asked who would be liable if the Agency does something "out-of-bounds". Attorney Benge stated he thought the liability would fall back on the Council and the Commis- sion. 368 Citizens Rand Taylor and Sam Taylor spoke in favor of the agreement and the agency and empha- sized the need for a united front in a project of this magnitude. Harold Gaither of the Econom- ic Development Committee, stated that the public relations have to be handled right. Councilman Brewer stated he felt the suspicious attitudes should be gotten rid of and that the City and the County work together and co- operate, stating the Agency will have to be given certain powers and that details could be worked out after the initial creation of the agency. He moved the Council create the Agency and give evidence to intent to proceed with the project. The motion was seconded by Councilman Tomisc. There was more discussion about the agreement and the agency. Councilman Brewer stated he felt if the ordinances and laws were followed as set up, there would be no problem. He then called for the question. Councilman Hefner stated that he was in support of the agency, but asked questions to get things straight in his mind, wondering why there is a need for two economic development agencies. A. J. Coffman responded that if the County felt the need for a full-time economic develop- ment board, it would not affect the Economic Development Committee. Councilman Hefner stated he felt the people would still look to the current Economic Development Board. __acilman Brewer again called for the question. The motion carried unanimously by the Council. K.E. McDougald requested the members of the County Commission be polled as to their feelings regarding creating the agency and entering into the agreement with the City. All Commis- sioners expressed support for the agreement; Commissioner Ing stated she was in agreement with the agency, but felt uncomfortable with what is written in the agreement. It was agreed by Council and Commission that a workshop ses- sion would be held to work out the details of the agreement. Councilman Tomsic moved the meeting be adjourned with Councilman Brewer seconding the motion, which carried unani- mously by those present. The meeting was ad- journed at 10:15 P.M. APPROVED: Thomas A, Stocks Mayor ATTEST: 2L4- Mar Hol dwaty City Administrator/Recorder 369 CITY COUNCIL May 3, 1983 A regularly scheduled meeting of the Moab City REGULAR MEETING AND Council was held in the Council Chambers of ATTENDANCE the Grand County Courthouse on the above date. Attending were Councilmen Neal, White, Brewer and Tomsic. Councilman Hefner was absent. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, chief Ison, Utilities Superintendent Leech, Secretary Rees and 16 citizens. Mayor Stocks called the meeting to order at 8:07 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman White gave the Invocation. Councilman Brewer made a correction on page APPROVAL OF THE one of the April 19, 1983 minutes, under the MINUTES Administrator's Report. He stated the Minor's M matter was heard by the Planning Commission, C not the Board of Adjustments and their request was for a zone change only. Councilman Neal moved the minutes of April 19, 1983 be approved W as corrected. Councilman Tomsic seconded the DO motion, which carried unanimously by the members present. -Administrator Hollowaty reported that Engineer ADMINISTRATOR'S REPORT an (anderson had recommended to him the City accept the bid for a boiler for the sewage treatment plant from EIMCO of Salt Lake el.t y in the amount of $26,841.00 as the other bid was not according to specifications. The EIMCO boiler has a twenty year life minimum with a lifetime warranty and service warranty. He also reported he had received a letter from Laurel A. Anderson, Court Administrator with the Office of the Trial Court Executive stating the Court system is taking over the responsi- bility of providing office furniture and equip- ment in the primary court system. They will also be taking over the court clerks salary's, which will result in considerable savings. He also reported the street lights - are being, installed by Utah Power and Light and that he has worked out an arrangement_ with them wherein they will install the pluk--ins if the City provides what is needed for each post. Administrator Hollowaty also stated that, ac- cording to Inspector Kelly, seven new home permits and one commercial building rpermit ..ave been issued so far this year. He further stated that Utah building is up 48%. Mr. Hollo- waty and Troy Black also discussed the abatement of sewer and garbage charges on Mr. Black's workshop property. That matter will be further reported at the next meeting. Administrator Hollowaty also reported that the cross -connec- tion seminar scheduled for Wednesday, May 4, 1983 - - has been postponed, due to the State Health Department not being able to come to Moab until June. Engineer Keogh reported he had been contacted COUNCIL REPORTS by a firm in Salt Lake City that would be inter- Engineer Keogh ested in a wind generator. He also reported he was still monitoring the settling situation at the Skakel Springs water tank. Councilman Breuer reported he had been contacted Councilman Brewer by Jeri Pilling and Marilyn Cooper of the FLUF Committee regardig $iblic Service Commission hearings to be held at the Episcopal Church on Kane Creek Boulevard at 10:00 A. M. on May 12 370 Councilman Neal (Tent Caterpillars) Councilman Tomsic (Sandwich Signs) Councilman White (Left Turn lanes) Mayor Stocks (Legislative 1983. He stated the Council and Mayor were urged to attend. Councilman Neal questioned Administrator Hollo- waty as to when the spraying would be done for tent caterpillars. Administrator Hollowaty stated he was working closely with Mike Grosjean of the State Forrestry Department and Mr. Oleson of Wasatch Exterminators and the spraying would probably be done this weekend on the ground and Monday for the aerial spraying. Councilman Tomsic questioned Attorney Mortensen regarding the legality of sandwich signs being placed on City sidewalks. Attorney Mortensen stated he would check into the matter. Councilman White reported he had spoken with several business owners regarding the proposed painting of left turn lanes. Several merchants were opposed to the left turn lanes, feeling it would impact the parking near their business. The Council discussed the matter of left turn lanes on various city streets and requested that Chief Ison and Utilities Superintendent Leech meet to discuss the lanes before painting to determine if there is adequate space for the lanes. Mayor Stocks read an invitation to the regional wrap-up) legislative wrap-up dinner to be held in Monti- cello and Price. he also read a procla'-.,ation proclaiming Thursday, May 5, 1983 as National Day of Prayer with the theme "5 (minutes) at 12 (noon)." PUBLIC HEARING - REVENUE SHARING Administrator Hollowaty stated there is $156,385 unappropriated Revenue Sharing Funds in the fund this year and $19,927 is expected to be received before September 30, 1983. Written requests for Revenue Sharing Funds were recei- ved from: Grand Valley Fire Protection District in the amount of $12,000 to build an addition of a storage/training room/office at the fire station and monies to purchase nine fire hy- drants; Grand County Tourism Council in the am- ount of $50.00 as a donation to the Four Corners Tourism Council for Moab's listing in their brochure; Chamber of Commerce in the amount of $1,900 for the 1983 City portion of the July 4th fireworks display; Moab Museum request- ed $1,000.00 to purchase a metal speciman cab- inet and locally crafted wood cabinets; Moab Adult Handicapped requested $1,000 to purchase and install handicapped parking signs and posts; Grand County Travel Council requested $7,600 for remodeling of the Visitor's Center grounds and landscaping; the Golf Course requested $2,100 for seed, chemicals and feed, $1,200 for security fencing around the course, $9,700 for a "Groundsmaster 72" rotary mower for a total of $13,000. Mayor Stocks closed the public hearing at 9:02 P.M. The Council will decide on the requests by June 7, 1983 when all final requests are approved. REQUEST FOR CARNIVAL Councilman Brewer stated the area where the LICENSE -Great Western carnival is held is usually very torn up after Carnival Co. the carnival leaves and dust blows badly across the highway. He asked if the carnival people or the property owner could be asked to stabil- ize the land with brine when the carnival is over. Council was in agreement with the sug- gestion. Councilman Brewer moved the Council issue a carnival license to Great Western Carni- val Company for June 22-25, 1983 with the usual stipulations. The motion was seconded by Council man White and carried unanimously. 37 Administrator Hollowaty stated Alco had submit- ted everything required by ordinance and that the company was licensed in the State of Utah. Chief Ison had completed the background inves- tigation and recommended a transient merchant license be granted. Councilman White moved to authorize the issuance of a Transient Merch- ant License to Alco of colorado, Inc. to sell aluminum siding. The motion was seconded by Councilman Neal then restated by Councilman White, deleting "to sell aluminum siding" as the company also sells other- products. Council- man Neal seconded the -motion, which carried unanimously. Attorney A. J. Coffman appeared as counsel for the Minors. He stated no conditional home use permit was issued, that the Minors held a business license and had continuously been in business since June 20, 1979 selling irri- gation and related farm equipment in an uninter- M rupted non -conforming use. Administrator Hollo- CD waty stated that several complaints had been received regarding ; the traffic picking up r,7Vj and deliver-into thestorage shed on Bittle 4.1 Lane and that f:he Minors were turned down by the Planning Commission for rezoning the area to a commercial zone. After some discussion, Councilman White moved to table the matter until the City Attorney can render an opinion and advise Council. Councilman Tomsic seconded the motion, which carried after Mayor Stocks broke the tie vote, Councilmen Tomsic and Brewer voting against tabling the matter and Council men White and Neal voting in favor. Councilman White stated he had requested the matter be placed on the agenda as he feels the City could get a better price for bulk gasoline purchases if it was put to bid. Admini- strator Hollowaty recommended the bid award period not be for more than 6 months at a time, due to the flucuation in gasoline prices. Councilman Tomsic moved the City bid out bulk gasoline and oil purchases on a six month basis. The motion was seconded by Councilman White and carried unanimously. Administrator Hollowaty stated Herschel Hester of the League of Cities and Towns had sent a full set of materials, including the proposed ordinance, needed to adopt the ordinance. The m-*-ter was discussed at length by Council. Councilman Tomsic stated that the City has a gross business license tax, not a sales tax and expressed concern that the City might levy a city sales tax on top of the gross business license tax, adding futher that she felt it would be unfair to have both taxes. Councilman White agreed, stating he felt the City would lose out as a small population county. There was more discussion afterwhich Councilman Tomsic moved the Council not adopt the proposed ordin- ance. Mayor Stocks ruled the motion out -of -order as the Council doesn't need a motion not to do something. Councilman White then moved to cancel the public hearing scheduled for May 17, 1983 to obtain public input on the matter. Councilman Tomsic seconded the motion, which carried unanimously. Councilman White stated there were two bills not included in the computer accounts payable run which are: John Keogh in the amount of $1,428.50 and Al McLeod in the amount of $387.60 REQUEST FOR TRANSIENT MERCHANT LICENSE- Alco of Colorado, Inc. REVOCATION OF CONDI- TIONAL HOME USE - David & Nancy Minor AUTHORIZATION TO PUT BULK GASOLINE PURCHASE OUT TO BID DISCUSSION OF PROPOSED ORDINANCE RELATING TO 7/87. LOCAL OPTION SALES TAX APPROVAL OF THE BILLS 372 ADJOURN TO EXECUTIVE SESSION PUBLIC HEARING OF MAY 9, 1983 LOCATED IN MCD AGENCY'S FILE REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT COUNCIL REPORTS Engineer Keogh (Removal of tree) bringing the total to $47,136.09. He moved the -bills be paid as presented plus the two additional payments in the amount of 447,135.09. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Councilman Neal moved the Council adjourn to Executive Session. Councilman Brewer seconded the motion, which carried unanimously. The regular session was adjourned at 9:55 P.M. with a five minute recess until the Executive Session at 10:00 P.M. APPROVED: Q Thomas A. Stocks Mayor ATTEST: Mar Ho116w161-14-- aty City Administrator/Recorder CITY COUNCIL May 17, 1983 A regular meeting of the Moab City Council was held in the Council Chambers of the Grand County Courthouse on the above date. Attending were Councilmen White, Neal, Tomsic and Brewer. Couilman Hefner arrived at the meeting at 9:34 P.M. Also attending were Mayor Stocks, Adminis- trator Hollowaty, Attorney Mortensen, Engineer Keogh, Chief Ison, Secretary Rees and 47 cit- izens. Mayor Stocks called the meeting to order at 8:02 P.M.; Councilman Brewer lead the Pledge of Allegiance and Councilman Neal gave the Invocation. Councilman Brewer moved the Council accept the minutes of May 3, 1983 as presented. Coun- cilman Neal seconded the motion, which carried unanimously by Elie members present. Councilman Brewer moved to accept the minutes of the special meeting of April 25, 1983 as presented. Council- man Tomsic seconded the motion, which carried unanimously by the four members present. Administrator Hollowaty reported that the mem- bers of the Planning Commission had elected Ray Klepzig as their chairman and that Calvin Widows had resigned as a member of the Planning Commission. The last item Mr. Hollowaty reported on was the tent caterpillar spraying program. he stated the spraying was completed as of Friday, May 13, 1983 and that he was well satis- fied with the work Mr. Olson had done. He also stated the new budget included an amount for spraying next year. Engineer Keogh questioned the Council regarding the removal of a large cottonwood tree on Wil- liams Way. He stated the tree is a hazard and needs to be removed, but wanted to get clearance from Council before proceeding. Mayor Stocks requested the Councils pleasure and all members 37S present expressed their desire that the tree COUNCIL REPORTS CONT. be removed. Councilman Brewer wlecomed the large crowd and thanked them for their concern. Councilman White invited the members of the City Council to ride in the Rodeo Parade on June 10, 1983. He also asked the Council for their consideration of a newly designed letter- head for the City with a drawing of Delicate Arch. He stated he felt it was more in line with the area. Mayor Stocks stated that Govenor Matheson had proclaimed May 22 through 28, 1983 as National Public Works Week. Mayor Stocks opened the public hearing at 8:17 PUBLIC HEARING - P.M. Administrator Hollowaty stated the proposed REVENUE SHARING City Budget represented a 23.51% decrease in AND PROPOSED CITY M General Fund appropriations. This years antici- BUDGET CD pated receipts are $1,286,100.00 and the expen- r.4 ditures are $1,269,626.00 leaving an excess Wof $16,474.00. The department requests are E.4 as follows: Judicial $ 2,050.00 Executive 14,070.00 Administrative 129,882.00 Building Insp. 41,759.00 Gen. Gov. Bldg. 42,233.00 Elections 1,500.00 Planning -0- Police 457,040.00 Flood Control 3,200.00 Animal Control 41,850.00 Streets 181,820.00 Sanitation 246,000.00 Parks 44,569.00 Swim Pool 34,623.00 Part. Recreation Scouts 450.00 Golf Course 16,680.00 Rec. Board 5,500.00 Spec. Recreation Moab Museum 1,000.00 Arts Council 1,000.00 Community Theater 500.00 Community & Economic Dev. Chamber of Commerce 1,900.00 Sr. Citizens Bldg. Community Affairs -0- Contributions to other funds Bond Redemption 0 Contributions to Gov. Units - - Irrigation 2,000.00 Total General Fund $1,269,626.00 Mr. Hollowaty stated that he hoped to use part of the excess funds for planning to pursue the development of a new City Master Plan. Mr. Steve Kennedy, President of the .Travel REVENUE SHARING REQUESTS Gouricil,_- appeared before Council to request a donation of $5,000.00 for funding the Film Development Board; Mrs. Pam Wylie, representing the Girl Scouts and the 4-H Groups, appeared to request $2,000.00 for the purchase of a bus from the School District for use by commun- ity youth groups. Mr. Hollowaty read the written requests. Mr. Dennis Leismaster requested $2,000 to help fund tourism, but stated he would prefer the Film Development request have priority. Mr. Hollowaty also read a letter received re- garding the Arts Council request already includ- ed above. The public hearing was closed at 6:.34 P.M 3 74 PUBLIC HEARING - ANIMAL CONTROL ORDINANCE AMENDMENT DAVID AND NANCY MINOR BUISNESS LICENSE Administrator Hollowaty stated the amendment was necessary as the City Parks are signed for no dogs being allowed on the park, but the Animal Control Officer has no City code number to write citations. He read the proposed amendment as follows. "No dogs, cats, or other animals shall be permitted, even though on leash, to be on or upon the premises of any church, public hall, school premises or grounds; or any city owned or controlled premises or grounds including City parks, except upon written permission of the authority exercising control over such property." City Code Statue 4-15 (4). There was no public comment regarding the amendment. The Council will adopt the amend- ment at the next meeting of June 7, 1983. Attorney Mortensen stated the matter was discus- sed at the last meeting and it was decided it could be handled administratively. A cease and desist order was issued by the Zoning Admin- istrator to the Minors. The Minors attorney, A. J. Coffman appeared before Council -stating the Zoning Administrators actions regarding the cease and desist order are only appealable before the Board of Adjustments. He indicated his clients intend to appeal the decision before the Board of Adjustments, but expressed concern that his clients will not be prosecuted during the interim if the decision of the Board of Adjustments does not favorably sup,_ the Minors and the matter goes to the District Court. Administrator Hollowaty explained the history of the matter in detail. Attorney Coff- man responded, stating the tax service business is a seperate matter. He also stated he saw no sound reason for the cease and desist order and that his clients will cease and desist if the Board of Adjustments unfavorably rules against the Minors and the matter goes to court and the court orders them to cease and desist, but not until then. TROY BLACK'S WATER Administrator Hollowaty stated he had checked AND GARBAGE BILL into the matter and consulted with Bob Hawks ABATED regarding the garbage charge. He stated that if the Council chose to waive the entire change, Mr. Hawks would not disagree. Mayor Stocks requested the pleasure of the Council. Council- man Tomsic moved that the Council grant a credit in the amount of $84.50 for sewer and garbage to Mr. Bloack at 196 West Center Street. The motion was seconded by Councilman White and carried unanimously by the four Councilmen in attendance by roll -call vote. RECESS Mayor Stocks requested a recess to discuss the appointments with Council, as there were 24 applicants. Councilman Tomsic moved the Council recess for 15 minutes. The motion was seconded by Councilman Neal and carried unani- mously by the members in attendnace. The Council recessed at 9.00 P.M. The meeting was called back to order at 9:22 P.M. SIGNING OF COMMUNITY Mayor Stocks stated the appointments were not DEVELOPMENT AGREEMENT in line until the agreement was signed. He read the following statement: "I hereby sign the Agreement dated May 9, 1983 between the City of Moab and Grand County regarding the creation of an Econo- mic Development Agency with the express instructions that copies of the minutes 37 5- Special Meeting of May 9, 1983 be attached to, and kept in the file with, the City's original of the Agreement. The minutes of this meeting shall record this action." Mayor Stocks and Administrator Hollowaty then APPOINTMENTS TO signed the Agreement. Mayor Stocks then appoint- MOAB COMMUNITY DEVELOP- ed K. E. McDougald, Harold Gaither and himself MENT AGENCY BOARD as the appointees for Moab City. Councilman Whtie moved the City Council ratify the Mayors appointments to the Moab Community Development Agency. The motion was seconded by Councilman Brewer and carried unanimously. The first item for final approval by the Council APPROVAL OF PLANNING was a request for a Premises Occupation to COMMISSION ACTIVITIES do small engine repair by James H. O'Steen at 528 Sundial. He appeared before Council James H. O'Steen stating he intended „to do lawnmower repair. Councilman -Brewer,-moved the Council accept 00 O the request as approved by the Planning Commis- sion for James H. O'Steen for a premise occupa- U tion to do small engine repair. The motion G4 was seconded by Councilman Neal and carried W unanimously by the four members in attendance. Councilman Hefner arrived at this point. (9:34) The second item for final approval was a request Brady Johnson for a Home Occupancy to operate a chimney sweep and hook and vent cleaning service by Brady Johnson at 410 McGill, the residence of Jay Axtel. Councilman Tomsic questioned what type of equipment would be used and if the Fire Code requires chimneys to be cleaned periodi- cally. Administrator Hollowaty answered that the equipment is small and he thinks the Fire Code just recommends periodic cleaning. The question was also raised as to whether the State requires a license. Councilman Tomsic moved the Council grant the Home Occupation request to Mr. Brady Johnson. The motion was seconded by Councilman Brewer and carried unani- mously. The final item for approval was a request for Don Kauhi a Home Occupation to operate a mail order BMX bicycle parts and, trophy sales by Don Kauhi at 586 Bartlett. Mr. Kauhi appeared before Council, stating his sales would be parts only. Councilman Neal moved the Council issue the Home Occupation as requested by Mr. Kauhi. Tt.s, motion was seconded by Councilman White and carried unanimously. Mrs. Dorothy Swasey appeared before Council CITIZENS MAY APPEAR regarding the sandwich signs she has placed Dorothy Swasey before her three business. She explained that the sandwich signs bring in a great deal of business, at least between $50 and $100 a day. She further stated she felt very personally picked -on and pled to the Council to please reconsider their position on sandwich signs. She felt she was threatened publicly over the radio because it is a criminal offense. Attorney Mortensen stated that he was instructed to start enforcing the sign ordinance and issued the statement as a warning. Councilman Brewer stated he felt the matter could have been hand- led _better. Mayor Stocks stated he had been told there were complaints regarding the signs, but had not seen any personally. There was further discussion regarding the signs and it was decided that the matter could be handled administratively. Administrator Hollowaty is to get back to Mrs. Swasey. 376 APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROV," OF THE MINUTES ADMINISTRATOR'S REPORT Councilman White stated there was one additional bill not printed on the computer print-out. The additional bill is Olsen's Wasatch Exterm- inators in the amount of $7,350.00, bringing the total amount of the bills to $32,837.89. Councilman White moved the bills be paid in the amount of $32,827.89 as represented on the print-out plus the additional. Councilman Tomsic seconded the motion, which carried unani- mously by roll -call vote. Councilman White moved the meeting be adjourned with Councilman Brewer seconding the motion. The meeting was adjourned at 9:57 P.M. by unani- mous consent. ATTEST: APPROVED: Thomas Mayor CITY COUNCIL June 7, 1983 A. Stocks A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Hefner, White, Neal, Brewer and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Ison, Superinten- dent Leech, Engineer Keogh, Attorney Mortensen, Secreatry Rees, Commissioner Hance, the media and 7 citizens. Mayor Stocks called the meeting to order at 8:06 P.M.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner gave the Invocation. There was some discussion regarding the approval of the minutes of May 9, 1983, the special jointrmeeting with the County Commission. Cou- ncil Mln White moved to table approval of the joint meeting minutes of May 9, 1983. Councilman Tomsic seconded the motion, which carried unani- mously. Councilman Tomsic moved the Council accept the minutes of May 17, 1983 as presented. Councilman Neal seconded the motion, which carried unanimously. Administrator Hollowaty reported he will be meeting with Engineer Keogh, Utilities Super- intendent Leech and Chief Ison regarding the stripling of the streets tomorrow morning to go over the final arrangements. He also 377 CO O rol W W stated he will be calling several different pool manufacturers to get a quote for a set of plans to be bid out. Administrator Hollowaty stated he had received recommendation from Al Anderson of James M. Montgomery Engineering to accept the bid for a water tube boiler for the sewage treatment plant from Eimco Process- ing Equipment Company in the amount of $24,800. The original bid was $26,841.00. The revised bid will save the City $2,041.00. Mr. Hollowaty also mentioned Al Anderson and Steve Harris will be at the next meeting on June 21, 1983 to present the final plans on the sewage treat- ment plant expansion. At that time, Council will make a decision regarding when to put it out to bid. Administrator Hollowaty stated he received a call from the State Department of Revenue Office regarding the adoption of the Local Option Sales Tax. He further stated the resolution can be adopted until September 30, 1983. The final matter Mr. Hollowaty report- ed was that he was taking steps to get Moab City on the designation list for Urban Develop- ment Action Grants. The redevelopment funding is granted to the City and the City can loan it to developers at a constant rate of interest. Mr. Hollowaty stated he was trying to get the grant for a convention and fine arts center. Councilman White questioned if the intersection at Fifth West and Highway 191 will be included in the street stripping. Administrator Hollo- waty stated the worst places will be done first. Utilities Superintendent Leech stated he felt we would have to go through the State on this particular corner, as it was on the highway right-of-way. Councilman White also questioned if a decision has been made regarding left turn lanes. Engineer Keogh stated the State Traffic Engineer recommended going over 5' of the center line on each side and run a solid center line with a broken line inside of it to run for a block to enable turning. He further stated this marking will not affect parking. Engineer Keogh reported Bill Hance has a water well that he will make available to the City for the cost of the drilling, approximately $5,000.00. The matter was discussed by Council and ' taken under advisement. Engineer Keogh also questioned a State Halth Department ruling that no septic tanks can be within 1,500 feet of the water springs. He felt the City could not dictate the use of private land. Attorney Mortensen stated the matter is a state matter, regulated by the state and the City shouldn't be involved. Councilman Brewer reported that he, Councilman White, Mayor Stocks and Administrator Hollowaty attended a legislative wrap-up in Monticello presented by the Utah League of Cities and Towns. He stated they were presented a book regarding all the bills passed by the legisla- ture this year,if anyone was interested. He also questioned the bill from the League for the meeting, as the bill included meals and no meal was served. Attorney Mortensen questioned the status of acquiring the land for the sewage treatment plant expansion. Administrator Hollowaty stated he is negotiating with Larry Shumway for that property. ADMINISTRATOR'S REPORT CONTINUED Al Anderson recommends Eimco bid for boiler r^" "AIL REPORTS Bill Hance water well 378 MAYOR REQUESTS RESOLUTION REGARDING TERMS OF OFFICE OF AGENCY MEMBERS ADOPTION OF FISCAL YEAR 83/84 BUDGET REVENUE SHARING BUDGET Mayor Stocks stated he would like a resolution drawn up indicating the length of the terms of appointees to the Moab Community Development Agency at the next meeting. Administrator Hollowaty stated the anticipated receipts are $1,281,626.00. The revised budget schedule shows expenditures of $1,281,626.00. Most department budgets show a decrease from last years budget. The Council discussed some areas of the Revenue Sharing Budget. Mr. Steve Kennedy appeared before Council to discuss Film Development and Mr. Russell Carter appeared regarding the heliport lighting. Members of the Council expressed concern that the Code Book Codification had been dropped from the Revenue Sharing Budget. Councilman White sug- gested the budgeted amount for updating the computer line printer ($11,931.00) could be dropped to include the Code Book Codification and the matter was discussed. Councilman White moved to adopt a Revenue Sharing Budget of $190,381.00, excluding $11,931 for the line printer and including $10,000 for Code Book Codification. The motion was seconded by Coun- cilman Tomsic and carried unanimously by roll - call vote. REVENUE SHARING Visitor Center Remodeling Handicap Signs and Posts Pickup (Bldg. Inspector) Pickup with shell cage Range Improvements Radio Frequency changeover Video System Small Computer Lateral File System Machine Stand Storage Cabinet Shelving File Desk Fingerprint File System Mug File System Dictaphone Lawn Mower Spraying Machine Water Meters Fencing - Tank #1 Backhoe Striping Machine Grader Sewer Cleaner Golf Course Equipment Computer Terminal Stands (3) Computer Disk Rack Computer Data Storage Carts Upgrade Disk Drive Code Book Codification Computer Terminals Upgrade Memory Capacity Phone System File Cabinet Paper Shredder Heliport Lighting Building and Equipment BUDGET $7,600.00 1,000.00 6,500.00 12,500.00 4,000.00 6,000.00 4,000.00 5,000.00 700.00 175.00 200.00 150.00 150.00 450.00 375.00 350.00 175.00 4,000.00 6,000.00 1,100.00 35,000.00 5,000.00 15,000.00 2,000.00 13,000.00 1,100.00 200.00 _= 800.00 19,543.00 10,000.00 3,500.00 1,500.00 1,000.00 150.00 800.00 5,561.00 15,$00.0C1-' Total $190,381.00 37 g Councilman Tomsic moved to adopt Resolution ADOPTION OF CITY 83-09 setting the mill levy and fiscal year BUDGET FOR FISCAL 1983/84 budget. Councilman White seconded the YEAR 1983/84 motion, which carried unanimously by roll -call vote. RESOLUTION 83-09 RESOLUTION 83-09 WHEREAS, the Mayor and City Council of the City of Moab, by resolution, adopt a budget for the fiscal year commencing on July 1, 1983 and ending June 30, 1984, and; WHEREAS, sufficient property tax revenue can be generated by a levy of 10.0 mils for the General Fund; NOW THEREFORE, BE IT RESOLVED, that the {+q mill levy remain the same as the fiscal_ year CD ending June 30, 1983; to be 10.0 mils for the .-I General Fund and the total receipts/expenditures for the General Fund are set at $1,281.626.00 G4 and will be certified as such to the State Auditor's Office, State of Utah. PASSED IN OPEN COUNCIL THIS 7th day of June, 1983. /s/ Mark Hollowaty City Administrator /s/ Thomas A. Stocks Mayor Administrator Hollowaty stated the amendment to Chapter 4, Animals and Fowl, is necessary so the Animal Control Officer can have a section to write a citation on. He read Ordinance 83-02 to include subsection 4 under Section 4-15. Councilman Tomsic moved the Council adopt Ordin- ance 83-02. Councilman White seconded the motion which carried unanimously by roll -call vote. AMENDMENT TO ANIMAL CONTROL ORDINANCE ORDINANCE 83-02 ORDINANCE 83-02 AN AMENDMENT TO CHAPTER 4, ENTITLED ANIMALS AND FOWL, MOAB CITY CODE, 1965 AS AMENDED, PROVIDING FOR THE AMENDMENT OF SECTION 4-15. BE IT ORDAINED by the City; Council of the City of Moab, Grand County, Utah, that Chapter 4 Section 4-15 be, and the same is, hereby amended to include an additional subsection number 4. 4-15. Dogs and Cats Running at Large. (4) No dogs, cats or other animals shall be permitted, even though on leash, to be on or upon the premises of any church, public hall, school premises or grounds; or any City -owned or controlled premises or parks, including City parks, except on written permis- sion of the authority exercising control over such property. PASSED IN OPEN COUNCIL THIS 7th day of June, 1983. /s/ Mark Hollowaty City Administrator /s/Thomas A. Stocks Mayor 380 ART MITCHELL Mayor Stocks made the appointment of Art Mitchel APPOINTED TO THE to the Planning Commission due to the resigna- PLANNING COMMISSION tion of Calvin Widdows. Councilman Tomsic moved to accept the Mayor's appointment of Art Mitch- ell to the Planning Commission. The motion was seconded by Councilman White and carried unanimously. BID AWARD - Councilman Brewer moved to take from the table BOILER FOR SEWAGE the bid award for the boiler for the sewage TREATMENT PLANT treatment plant. Councilman White seconded the motion, which carried unanimously. Council- man White moved to accept the bid from Eimco Processing Equipment Company in the amount of $24,800.00. The motion was seconded by Coun- cilman Neal and carried unanimously. AUTHORIZATION TO Administrator Hollowaty explained the need EXTEND SEWER MAIN for the extension on Nichols Lane was necessary ON NICHOLS LANE to increase the volume of water to the residents of Rosetree Lane and Nichols Lane. The matter was discussed by the Council. Councilman White moved to grant Administrator Hollowaty the authority to proceed with the water main exten- sion to Nichols Lane. Councilman Tomsic seconded the motion, which carried uanimously. Adminis- trator Hollowaty stated other projects would have to be completed prior to extending the main. APPROVAL OF THE BILLS Councilman White explained a change in the bills, due to the reduction of the League of Cities and Towns bill from $45.00 L., $25.00. He moved the invoices as represented on the computer printout be authorized for payment in the amount of $38,122.01. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. Councilman Brewer 'questioned the Paymaster Corporation bill as the company does not have a transient merchant license. NO STATE REQUIREMENTS Administrator Hollowaty reported he had contact - REGARDING LICENSING ed the State regarding the licensing require - CHIMNEY SWEEPS ments for a chimney s eep. There is no licensing requirement and not State fire requirement for the cleaning. RECESS PRIOR TO Mayor Stocks stated he would entertain EXECUTIVE SESSION a motion for a five minute recess prior to the Executive Session. Councilman Tomsic so moved and Councilman White seconded the motion, which carried unanimously. The meeting was recessed at 10:26 P.M. EXECUTIVE SESSION ADJOURNMENT Councilman Tomsic moved to enter into Executive Session and the motion was seconded by Council- man White. The Council entered into Executive Session at 10.38 P.M. and discussed matters of litigation. Councilman Neal moved to return to Regular Session with Councilman White second- ing the motion. The meeting was returned to Regular Session at 11:08 P.M. councilman Brewer moved to adjourn the meeting. The motion was seconded by Councilman Neal and carried unani- mously. The meeting was adjourned at 11:09 P.M. ATTEST: ar Hollowaty, Admin3a,trator 381 CITY COUNCIL June 2R, 1983 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, White, Hefner and Brewer. Councilman Tomsic was out-of-town. Also attend- ing were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, chief Ison, Superintendent Leech, Engineer Anderson, Secret- ary Rees, the media and 10 citizens.the meeting was called to order by Mayor Stocks at 8:04 P.M.; Councilman Neal lead the Pledge of Alleg- iance and Councilman White gave the Invocation. Councilman Brewer moved the minutes of June APPROVAL OF THE 7, 1983 be approved as presented. Councilman MINUTES -White seconded the motion, which carried unani- C7 mously by the members in attendance. Councilman O Hefner moved the minutes of the special meeting ra of May 9, 1983 be approved with the spelling U correction of Joan Gough. Councilman Neal sec- Wonded the motion which carried unanimously. The minutes of May 9, 1983 are to be attached to the agreement creating the Moab Community Development Agency. Administrator Hollowaty stated Pam Wylie has AD"' 3TRATOR'S REPORT asked permission to store the Girl Scout bus at the City Yard. There was some discussion regarding liability. John Fogg, the City's insurance agent, was in attendance and stated he felt the only problem would be vandalism or fire. Mayor Stocks requested Attorney Morten- sen draw up a release for Mrs. Wylie to sign. Lola Wright's meter The second item of the Administrator's report was a request to install a water meter at Lola Wright's residence at 610 River Sands Road. Mrs. Wright would like to pay the fees and have a meter put in on her line. Administrator Hollowaty also reported that no bids were re- ceived on the bulk gasoline• purchase. He asked Bulk gasoline purchases that, since no bids were received, could gas be purchased from whomever gave the best price. Administrator Hollowaty reported that all the streets are prepared for stripping and that Street Striping the UDOT contract for $3,562.54 was in order. That amount will have to be taken from Class C Road Funds. The last item he reported was that Engineer Keogh is preparing the plans and specifications to bid the completion of Williams Way, also from Class C Road Funds. Councilman brewer asked if the rights -of -way for completion of Williams Way have been signed. Engineer Keogh stated there was no problem. Councilman Neal reported that the tree in front of Gift Shop Jewelers is blocking their electrical sign and asked if it could be trim- med. He also reported that the garbage can in front of Family Budget has broken legs and needs repair. Mayor Stocks asked Superintendent Leech to take care of the trees and garbage can. Mayor Stocks also asked that the lights at the tennis courts be repaired.He asked Admin- istrator Hollowaty to write a letter to the County Commission requesting abatement of the $9,032.48 bill for Millcreek cleanup. COUNCIL REPORTS 382 BID OPENING- Employee Administrator Hollowaty opened the bids for Health Insurance employee health insurance from the following: Kelling Insurance Agency in Moab, Central Utah Insurance Agency in Moab, Financial Coordinators in Salt Lake City, Utah, Equitable Life Assur- ance Corporation, Intagon, Utah Local Government Trust and Blue Cross and Blue Shield, all of Salt Lake City. He read each bid and recommended that one of the Council work with him to assess the bids. A special meeting was set for Tuesday, June 28, 1983 to award the insurance bid. Coun- cilman Brewer moved the Council accept and review all bids received and report back to Council for acceptance on June 18, 1983. The motion was seconded by Councilman Neal and carried unanimously. SEWAGE TREATMENT PLANT EXPANSION - Al Anderson Engineer Al Anderson of James M. Montgomery Consulting Engineers appeared before Council to report on the progress of the sewage treat- ment plant expansion. He stated the documents are all ready for the bidding procedure for Phase I expansion and bids will be opened on July 28, 1983. Councilman Hefer moved to hold a special meeting on July 28, 1983 at 2:00 P.M. in the Council Chambers for the purpose of plant expansion bid opening. councilman Neal seconded the motion, which carried unani- mously. Mr. Anderson explained the specifica- tions to the Council. He also stated he had suggested to Administrator Hollowaty that the City bill Spanish Valley Water and Se._ Con- servancy District $40,000.00 a month, beginning now and for the neat four months to pay the connection fee of $200,000.00. He also reported on the modifications to Reservoir #1, stating the pressure equalization is better since the modifications. He stated the pump_and panel for the Skakel Springs has been d-livered and is ready for installation so That the water can be pumped into the reservoir and ehlorinatr ed. He commented that the-puffp for"the"-Power- house Lane well is noisy. The pump belongs to Grand County. If the pump goes out, the City will loose the availability of that water, as it is part of the water coming to the City from the Grand County Water Conservancy Dis- trict. Engineer Anderson reported the George White well is giving 450 gallons per minute and it should be at least 600 gallons per min- ute. He added that the City is not receiving the amount of water contracted under the agree- ment with Grand County Water Conservancy Dis- trict. REQUEST TO APPLY FOR Adminsitrator Hollowaty stated he needed to COMMUNITY IMPACT FUND- know more particulars for the funding request ING from the Community Impact Board. The Association of Governments has contacted Administrator Hollowaty and informed him that they are doing an impact study on a grant from the Human Re- sources Council hnd would like to know what the grant request is for. He stated he needed to contact members of the Agency to clarify. Administrator Hollowaty requested that the firm of Claus and Adkison be again asked to perform the annual fiscal audit, as they are the only local CPA firm. There was some discus- sion then Councilman Brewer moved to accept the firm of Claus and Adkison as the fiscal auditors with the preliminary audit due by September 20, 1983 and the final audit due October 18, 1983. The motion was seconded by Councilman Neal and carried unanimously. AUTHORIZATION TO CHOOSE CPA FIRM FOR AUDIT 383, K. E. McDougald, Chairman of the Agency and Attorney A. J. Coffman appeared before Council to request the transfer of City -owned land and to report on the Agency's actions thusfar. He stated a site showing of the property for the proposed development will be held on June 27, 1983 with final proposals to be in by July 15, 1983. Mr. McDougald also mentioned the Agency meetings are held at the Ramada Inn on the fourth Wednesday of each month. Mr. McDougald stated the Agency had contacted the BLM regarding the 160 acres of BLM-owned land and asked for an appraisal, in the event the land has to be purchased outright. A preliminary estimate by the local BLM office placed the value of the property at approximately $57,000. Chairman McDougald asked the Council to pass a motion to turn the City -owned land over to the Agency. Mayor Stocks stated the transfer would require a public hearing and recommended a meeting with Mr. Nate Maiser of Salt Lake City who has been involved in major developments be set up for Thursday, June 30, 1983. Council- man Hefner moved the City invite Mr. Maiser to Moab to meet with the Council, Administrator, Attorney and Mayor. The motion was seconded by Councilman White and carried unanimously by roll -call vote. Councilman Brewer then moved the Council set a public hearing for the trans- fer of land on July 7, 1983 at 8:00 P.M.. The motion was seconded by Councilman Neal and carried unanimously. Mr._ Bob Norman, who requested the matter be put,op the agenda, did not appear at the meeting and the matter was striken from the agenda. Administrator Hollowaty read Resolution 83-10, a resolution setting the terms of office of the three City appointees to the Moab Community Development Agency. There was concern that Mayor Stocks appointment was for three years and, at the advise of the Attorney, the word "Mayor" will be striken from the resolution. Councilman Brewer moved the Council adopt Resol- ution 83-10. Councilman Neal seconded the motion which carried unanimously. Resolution 83-11 is a resolution supporting the efforts of Utah Power and Light to be able to provide low-cost hydroelectric power to its customers. Administrator Hollowaty read the resolution and Mr. Roger Pucket of Utah Power and Light Company appeared before Council to answer any questions the Council might have. He stated the power would be available in 1987. Councilman White moved the Council adopt Resol- ution 83-11 and Councilman Hefner seconded the motion. The motion carried unanimously by roll -call vote. Mr. Paul Cox appeared before Council to request City water and sewer connections to his lot for a new home across from the hospital. Spanish Valley Water Conservancy District cannot service that area. The sewer main is on the side of the road Mr. Cox's lot is on and the water main is across the street. Mayor Stocks asked Mr. Cox about annexation. Administrator Hollo- waty stated annexation in that area would be difficult, as it would be an isolated parcel to annex. Council questioned Mr. Cox as to whether he is aware he would pay double bills. Councilman Hefner moved to authorize a water and sewer hook-up for Paul Cox at the single rate. Councilman White seconded the motion, which carried unanimously. REQUEST TO TRANSFER CITY LAND TO MOAB COMMUNITY DEVELOPMENT AGENCY CONSIDERATION OF PRO- POSED ROAD ACROSS CITY PROPERTY NEAR OLD CITY PARK RESOLUTION NO. 83-10 RESOLUTION 83-11 REQUEST FOR WATER HOOKUP OUTSIDE CITY LIMITS 384 REQUEST FOR WATER METER - Lola Wright APPROVAL OF THE BILLS EXECUTIVE SESSION ADJOURNMENT SPECIAL MEETING AND ATTENDANCE ADMINISTRATOR'S REPORT The Council and Superintendent Leech discussed the request for a second meter. Superintendent Leech recommended the meter be installed behind Mrs. McElhaney's meter. The Council did not see any problem as long as there was not an additional billing. No official action was taken as the matter was not on the agenda and can be handled administratively. Councilman White moved the bills be paid as presented in the amount of $63,166.68. The motion was seconded by Councilman Hefner and carried unanimously by roll -call vote. Councilman Neal moved the Council recess at 10:45 P.M. for ten minutes and go into Executive Session at 10:55 P.M. The motion was seconded by Councilman Brewer and carried unanimously. The Council recessed at 10:45 P.M. Council returned to regular session at 12:09 A.M. on a motion by Councilman Brewer and a second by Councilman Neal. All matters are to be handled administratively. The Executive Session was interrupted at 11:50 P.M. by Engineer Keogh to inform the Council of a reservoir break in Colorado. Councilman White moved the meeting be adjourned with Councilman Neal sec- onding the motion. The meeting was adjourned at 12:12 A.M. by unanimous consent. APPROVED: Thomas A. Stoc s Mayor ATTEST: City Administrator CITY COUNCIL June 28, 1983 A special City Council meeting was held on the above date in the Council Chambers of the Grand County Courthouse. The purpose of the meeting was to award the City employee health insurance. Attending were Councilmen White, Neal, Brewer and Tomsic. Councilman Hefner arrived at 8:35 P.M. Also attending were Mayor Stocks, Administrator Hollowaty, Secreatry Rees, Insurance Agent John Fogg, the media and one citizen. Mayor Stocks called the meeting to order at 8:05 p.m.; Councilman Neal lead the Pledge of Allegiance and Councilman- White gave the Invocation. Administrator Hollowaty reported he had recieved a thank you letter directed to the Police De- partment from the Frontier Belles Side Saddle Club. He also reported that David Bretzke of Spanish Valley Water and Sewer Improvement District has informed the City that no water may be taken from the district between the 385 O r-I GL7 C.4 hours of 5.00 P.M. and 10:00 P.M. due to some of the wells being in bad shape and the pump also being in bad shape. Mr. Bretzke stated he intended to let the pump go out then replace it. Mr. Hollowaty stated the first year of the agreement, the City recieved nothing and paid everything; the second year the City re- cieved less than half of the water and paid the full rate; this year, as Al Anderson stated, we need to take about 800 gallons per minute and can only draw 600 gallons per minute and have paid the sum of $56,000.00. Mr. Hollowaty recommended a joint meeting be set up with the SVW and SID Board and the Council. There was discussion among the Council regarding the agreement. Mayor Stocks stated he will contact Mr. Bretzke. Administrator Hollowaty stated he had rejected three bids from Salt Lake City agents as their bids were not on the bid forms as requested. The five remaining bids are as follows: Blue Cross/Blue Shield $102,792.08 Kelling Insurance Agency w/o dental-$86,149.80 Utah Local Governments Trust $82,794.00 Transamerica Occidental (Uriarte) $83,352.36 Transamerica Occidental (Fogg) $88,520.40 The Council discussed various aspects of insur- ance including claim filing, pre-existing cond- itions, life isurance options, deductibles and options of dental plans and compared Agent Fogg's policy with that bid by Utah Local Gov- ernments Trust. All members of the Council were in favor of offering dental insurance to the City employees. Mayor Stocks stated he would entertain a motion for a recess. Coun- cilman Brewer moved the Council recess for ten minutes. Councilman Neal seconded the motion and the Council recessed at 9:40 P.M. At 9:47 P.M. Mayor Stocks called the meeting back to order. Councilman Hefner moved to ac- cept John Fogg's Transamerica Occidental bid with dental included. Councilman Neal seconded the motion,w hcih carried by majority vote, Councilman White and Tomsic being opposed. Resolution 83-12 amends the FY 82/83 budget showing adjustments in some departments and the transfer of funds reserved for the Senior Citizens Building to a capital projects fund. councilman White moved to adopt Resolutio 83-12 as prepared by the Administrator. The motion was seconded by Councilman Neal and carried unanimously. RESOLUTION 83-12 WHEREAS, the Mayor and City Council of the City of Moab held a Special Council Meeting on June 28, 1983 for the purpose of amending the 1982/83 fiscal budget; and WHEREAS, upon explanation of the proposed amend- ed budget revised 'to show adjustments within some departments and the transfer of funds reserved for the Senior Citizens Building Pro- ject to a capital projects fund but to shown no increase in the overall amount.of the budget, the Moab City Council adopted the proposed amended budget as follows• ADMINISTRATOR'S REPORT Water from SVW/SID BID AWARD - Employee Health Insurance RESOLUTION 83-12 386 Increase RESOLUTION 83-12 continued Administration General Governmental Buildings Elections Animal Control Parks Community & Economic Development TOTAL $40,353.01 Decrease Planning Police Flood Control Streets TOTAL $40,353.01 General Fund Decrease Community and Economic Development Capital Projects Decrease Senior Citizens Building Project NOW THEREFORE, BE IT RESOLVED of the meeting held June 28, same are, hereby ordered to of the amended budget for the June 30, 1983 as presented City Council. ATTEST: /s/ Mark Hollowaty City Administrator $13,000.00 $9,500.00 $1,000.00 $1,000.00 $3,000.00 $12,853.01 $3,500.00 $12,853.01 $7,000.00 $17,000.00 $100,000.00 $100,000.00 , that the minutes 1983 be, and the show the adoption fiscal year ending to the Mayor the APPROVED: /s/ Thomas A. Stocks Mayor REQUEST FOR $6,000 Administrator Hollowaty explained that a letter BUDGETED FOR ECONOMICwas hand -delivered by I.D. NIghtingale request - DEVELOPMENT TO BE ing the $6,000.00 budgeted for the Grand County PAID TO AGENCY Economic Development Council be paid to the Agency. There was confusion among the Council, due to the various economic development groups. After much discussion, Councilman Tomsic made a motion then withdrew it. Councilman Hefner moved to transfer the $6,000.00 to the Grand County Economic Development Council. Councilman Neal seconded the motion, which carried by majority vote, Councilman White opposed. ADJOURNMENT As there was no further business, Councilman Neal moved to adjourn. The motion was seconded by Councilman White and carried- unanimously. The meeting was adjourned at 10:12 P.M. ATTEST: a"_/ `v APPROVED: a homas A. Stocks Mayor Mark Hollowaty _ City Administrator/Recorder 387 CITY COUNCIL SPECIAL MEETING July 1, 1983 A specially called meeting of the Moab City SPECIAL MEETING AND Council was held on the above date in the City ATTENDANCE Hall Conference Room for the purpose of recon- sidering the employee health insurance bid award. The meeting was called by Councilmen Tomsic and Neal. Attending were Councilmen Brewer, Neal, Tomsic, Hefner and White. Also attending were Mayor Stocks, Administrator Hollowaty, Secretary Rees and two members of the media. Mayor Stocks called the meeting to order at 1:05 P.M. and Councilman White gave the Invocation. Mayor Stocks explained the purpose of the meet- Reconsideration of ing and asked Councilman White to explain how Insurance he and Administrator Hollowaty arrived at the total cost of each policy in order to correctly compare the policies. Councilman Tomsic stated she was concerned in two areas about accepting the Transamerica Occidental policy proposed by John Fogg of Central Utah Insurance Agency. W She stated she was concerned about accepting GO a bid that offered less coverage. Administrator Hollowaty stated that he had asked James Engle - bright of the State Farm Insurance Company (who did not bid on the health insurance) to look over the bids received from John Fogg and Utah Local Governments Trust. Mr. Engle - bright compared the policies and stated the policies were the same as far as dental and life insurance. There are differences in the health insurance coverage from both companies. Administrator Hollowaty mentioned that Mr. Englebright had mentioned the six-month price guarantee on the bid from Fogg, as that was a concern of Councilman Tomsic. Other areas of conern were (1) the six-month price guarantee limit, (2) the pre-existing conditions coverage, (3) 365 days vx. 100 days on the hospital stay coverage, (4) the 410,000.00 limitation on hospital miscellaneous coverage and (5) whether or not the city is covered until the matter is settled. Administrator Hollowaty stated that, due to the circumstances, he had called Blue Cross and Blue Shield for coverage the month of July. He further stated a binder had been received at noon by John Fogg, but was not signed. Councilman White stated he felt the policy bid by Utah Local Governments Trust offered better coverage. Administrator Hollowaty left the meeting to call John Fogg regarding the questions. Agent Fogg explained all five items questioned and stated verbally over the phone the coverage, adding that he would put it in writing. The Council briefly discussed matters pertaining to the public hearing regarding the transfer of city -owned land to the Moab Community Devel- opment Agency. Councilman White moved the council recess indef- initely until the insurance problem could be solved. Councilman Neal seconded the motion, which carried unanimously. The meeting was recessed at 1:57 P.M. Agent John Fogg submitted the following state- ment to Administrator Hollowaty at 2:30 P.M.: 388 Transamerican/Occidental coverages pertaining to: Letter from Agent John Fogg REGULAR MEETING AND ATTEND- ANCE APPROVAL OF THE MINUTES 1. Pre-existing conditions: They will pick up all pre-existing conditions with no loss no gain in coverages to the current program. 2. Hospital Miscellaneous Coverage: Full pay to $10,000. This coverage, when it reaches $10,000 will be continued as major medical with the same co-insurance and coverage as major medical. 3. Semi/private room is guaranteed for a period of 100 days. After 100 days, the patient will received benefits for outpatient services, ward or clinic. 4. The health insurance program does cover chiropractic visits that are related to an injury or health problems. The deduc- tible does apply and the 80%/20% co-insur- ance rule. I have checked with company officials and they confirmed that the above concerns are covered. /s/John Fogg The City of Moab reserves the right to re -bid the insurance policy at the end of the guaranteed six-month rate period. /s/ John Fogg /s/ Mark Hollowaty CITY COUNCIL July 5, 1983 A regularly scheduled meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Councilmen White, Neal, Brewer and Tomsic. Councilman Hefner was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Ison, Superintendent Leech, Engineer Keogh, Secretary Rees, the media and eight citizens. Attorney Mortensen had asked to be excused. Mayor Stocks called the meeting to order at 7:57 P.M. to reconvene the meeting of July 1, 1983. Councilman White moved the meeting be adjourned and the motion was seconded by Councilman Neal and carried unanimously by the three members present at that time. Mayor Stocks called the meeting to order at 8:06 P.M.; Councilman Brewer lead the Pledge of Alleg- iance and Councilman Neal gave the Invoc- ation. Councilman Tomsic moved the minutes of the special insurance award meeting of June 28, 1983 be approved as presented. The motion was seconded by Councilman Brewer and carried unanimously by the four Councilmen in attendance. ADMINISTRATOR'S REPORT Administrator Hollowaty had one item to report to Council. He stated the six month period for Frank and Roxie Fossey to move 389 M O V W W a mobile home onto a lot beginning November 16, 1982 had expired. He will notify the Fosseys by writing. Mayor Stocks reported that he had performed a marriage ceremony on July 4, 1983 for Paul Avery and Marty Hamby at the Old City Park. Administrator Hollowaty stated he had not been in touch with the Grand County Commission regarding the City purchasing bulk gasoline with their bid as the city did not receive any bids when advertised. He stated he will attempt to arrange to purchase gas with the County's bid. Super- visor Leech commented that a bid could be procurred from Black Oil Company. Admin- istrator Hollowaty will call Black Oil. There were two requests for Transient Merchant Licenses to operate mobile conces- sions. The requests were from T. W. boroski Enterprises, who operates in a bus at the ballpark, and Lois Wagstaff, dba The Sand Bar. Both requested licenses to oper- ate mobile luch wagons. The requests were discussed by the Council, as it is similar to P. J. Treats. Administrator Hollowaty recommended the Transient Merchant Ordin- ance be revamptid' to deal with local resid- ents who desire to have a mobile business. He also recommended the requirements be waived, as they were with P.J. Treats. Councilman Brewer moved the Council accept the requests from T. W. Boroski and Lois Wagstaff with the same stipulations as were requested with the other concession vehicle. Councilman Neal seconded the motion, whcih carried by majority vote, Councilman Tomsic abstaining, counted as a no vote. Mr. Jim Corwin of United Cable Television appeared before Council to request an additional outlet charge of $1.25 per month on new additional outlets. He stated the rate would apply only to those connec- tions after the City's approval. He stated the charge was necessary as United Calbe is charging $20.00 for additional outlets, but the actual cost is $33.39 and the monthly fee would help cover service call =harges and generate more revenue for additional channels. Mayor Stocks stated a public hearing would be necessary before a decision could be made. Councilman Brewer moved the Council hold a public hearing on July 19,- 1983, regarding the additional outlet charge of $1.25 per month. The motion was seconded by Councilman Tomsic and carried unanimously. Mr. Joe Kingsley of the Poplar Place Tavern appeared before Council to again request the Alcoholic Beverage Ordinane be changed to enable him to serve food to minors who are accompanied with a parent or legal guardian. He introduced his new manager, Lucia Emmons, and requested the Council to advise him of what they would expect to enable him to serve minors accompanied by parents and stated he had started a petition from residents and tourists. Mrs. Emmons stated that the Poplar Plance is primarily a restaurant until 9:00 P.M. then the business is mostly bar business. Fossey's Trailer COUNCIL REPORTS GASOLINE PURCHASES WITH COUNTY DISCUSSED REQUEST FOR TRANSIENT MERCHANT LICENSES: T. W. Boroski and Lois Wagstaff REQUEST FOR ADDITIONAL OUT- LET CHARGE - United Cable Television REQUEST FOR ALCOHOLIC BEVER- AGE ORDINANCE CHANGE - Joe Kingsley 390 Joe Kingsley Continued APPROVAL OF THE BILLS PUBLIC HEARING REGARDING TRANSFER OF CITY -OWNED LAND SCHEDULED MAYOR REQUESTS SOMEONE FROM LEAGUE TO EXPLAIN LOCAL OPTION SALES TAX ADJOURNMENT She stated they are currently turning away a lot of people for food business with families and can't give them a good reason why. She also stated that the Poplar Place had previously served food to minors accompanied by a parent until then -Chief Stiles pointed out it was illegal. There was a great deal of discussion among the Council, chief Ison and Mr. Kingsley. It was decided that Mr. Kingsley could again attempt to change the ordinance, adding a Class IV license, allowing minors when accompanied by a parent if the restau- rant was seperate from the bar. Mr. Kings- ley stated he would be willing to have family units upstairs away from the bar. Councilman Brewer moved the Council hold a public hearing regarding the ordinance change, adding a Class IV license on August 2, 1983. The motion was seconded by Coun- cilman Neal and carried unanimously. Councilman White explained the reason for the bills being so high was due to the transfer to ca Capital Projects Fund of the $100,000.00 budgeted for the Senior Citizens building and $6,000 paid to the Economic Development Committee. He moved the bills be authorized for payment in the amount of $159,516.47. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. There was discussion regarding the Utah r.wer and Light changing sales tax and the computer printout of the bills. Administrator Hollowaty mentioned there will be a public hearing on July 19, 1983 to amend the present (FY83/84) budget as the assessed valuation is different. He stated the mill levy would have to be raised by .68 mills or the budget cut by $9,367.00. Mayor Stocks stated he would like to have someone from the Utah League of Cities and Towns down to explain the new 1/8% local sales tax option. Council was in agreement. As there was no further business to come before the Council, Councilman Brewer moved to adjourn. Councilman Neal seconded the motion, which carried unanimously. The meeting was adjourned at 9:21 P.M. APPROVED: 7 homas A. Stocks Mayor ATTEST: Mark Hollowaty City Administrator/Recorder 391 CITY COUNCIL PUBLIC HEARING July 7, 1983 A special meeting of the Moab City Council Public Hearing and was held on the above date in the Courtroom Attendance of the Grand County Courthouse for the purpose of a public hearing regarding the transfer of city -owned land to the Moab Community Development Agency. Attending were Councilmen WHite, Neal, Brewer and Tomsic. Councilman Hefner was out-of-town. Also attending were Mayor Stocks, Adminis- trator Hollowaty, Community Development Agency members K. E. McDougald, I. D. Nightingale, Dick Allen, Harold Gaither, Ray Klepzig, Ralph Miller and Bill Hance; Attorney A. J. Coffman, Attorney Brent Rose, Attorney Paul Mortensen (arrived late), Secretary Rees and approximately =n 81 citizens. Mayor Stocks called the meeting to order at 8:06 P.M.; Councilman Brewer r�1-1 lead the Pledge of Allegiance and Councilman White gave the Invocation. U0 Mayor Stocks stated the Agency has requested a resolution showing good faith from the Councilmembers so that they may select a developer and show the city's support. The resolution will not actually turn over the land to the Agency, but confirm the City's intention to do so. Covered by the resolution are 397.9 acres of city owned land, including 160 acres under BLM patent for recreational use only and 91.6 acres comprising the existing golf course. The transfer does not include the clubhouse on privately owned land. Also included in the transfer are 25 acres at the City's number 2 and number 3 springs and 13.3 acres adjacent to the Old City Park and 108 adjacent undeveloped acres. Also called for in the resolution are two appraisals of the property to help establish the value of the land. Chairman K. E. McDougald told t1e group that the agency felt the proposal would take advantage of the City's unused land and help promote the area and improve the local economy. He reviewed the history of the project and stated that five developers had expressed interest. He went on to explain that the Salt Lake City law firm of Clyde and Pratt had been retained by the Agency to give a legal opinion on the project and introduced Attorney Brent Rose representing that firm and the other members of the Agency. He asked Attorney Coffman to clarify the points of the resolu- tion which frames the Agency's request. The conditions are: 1) the BLM waive in writing or agree to the consideration for the release of the use restrictions which pertain to BLM land prior to or simultaneously with the conveyance-, 2)that the City Surveyor determine the exact legal description of these properties and conveyance be made pursuant to his determination, 3) that the City determine and agree that it will get adequate consideration for the property, 4) that there shall perpetually exist a nine -hole municipal golf course subject to regulation by the City of the fees charged to the . public, 5) that the 392 City's culinary water supply be preserved with- out detriment to quantity or quality. He reiter- ated that the property concerned does not in- clude the Old City Park area and a sufficient adjacent area for parking. Attorney Coffman stated the resolution concludes with three resolves from Attorney Mortensen with gramatical changes. Attorney Coffman further stated that eight areas of coneren have been identified by the Agency. These include construction and dedication by the contractor of a municipal facility (clubhouse or convention center), developMentr_ of a resort and retirement com- munity; use of local labor and contractors; a definite schedule for completion; financial ability of the developer and the right to reject any proposals. Agency members I.D. Nightingale, Dick Allen, Bill Hance and Ralph Miller commented on the positive aspects of the proposal. Mr. Miller pointed out that based on a total assessed valuation of $63 million in Grand County last year, taxes totaling $3 million were collected. Of this $2 million went to the schools. He went on to state that tke development project would provide $128,000 per year in taxes for education alone, Attorney Brent Rose commented that the project could be made to work if the conditions specified in the resolution are met. He went on to state that Moab has many assets, including scenery and recreational opportunities. Mayor Stocks asked the Council if there were any additional comments before he turned the meeting to public questions. Councilman Brewer stated he felt the complex was needed to promote employment and economic growth. In response to a question from the audience regarding the use of water on the property, Attorney Coffman said that the City would retain control of the water, adding that the developer would have to go to SVW and SID for water and sewer service. Concerns were also expressed as to whether sufficient water would be available to serve the needs of the development. Chairman McDougald responded that Grand County Water Conservancy District is responsible for pur- chasing and protecting adequate water supply, adding the water supply for the county is in excellent condition. A question was raised concerning possible need for sewage treatment expansion. Administrator Hollowaty stated the planned second phase improvements should be able to handle 600 additional connections from Spanish Valley. A question was raised as to whether conflict of interest forms have been filed by any Agency members. Attorney Coffman stated that disclosures can be made orally in a meeting. If no conflicts exist, statements are not required. A member of the audience also questioned whether interviews or studies had been conducted to determine if retirees could be attracted to Moab. Attorney Coffman responded that the project was "pre -sold", as developers have indicated such a project is feasible. Several citizens expressed support for the project and others expressed support but voiced concerns that the development take place slowly, to meet all legal requirments. 39g Those citizens who spoke include. Ray Tibbets, Don Knowles, D. L. Taylor, Weldon Lemon, Mary Byrd, Lucy Wallingford, Milton Galbraith, Bob Greenburg, Marsha Marshall, Travis Trittshuh, Dwight Johnston, Curtis Young, Danielle Dudek, Frances Rowe,- Kerri Martin, Ron Dolphin, Dee Trantor, Bill McDougald, Dennis E. Byrd, Bud Stocks, Terry Warner, Steve Kennedy and Russ Donaghue. Administrator Hollowaty read Resolution 83-14 regarding the City's intent to transfer the land to the Agency. Councilman Tomsic moved to adopt Resolution 83-14 with Councilman Brewer seconding the motion. The motion carried unani- mously by roll -call vote. RESOLUTION 83-14 WHEREAS, the City of Moab (hereinafter 0 called "the City") has prior hereto entered CD into an Agreement with Grand County creating the Moab Community Development Agency (herein- G4 after called "the Agency"); and W WHEREAS, the Agency was charged with the initial project of utilizing and promoting the development of vacant lands of the City lying in the vicinity of the numicipal golf course located in Grand County (said vacant lands and municipal golf course as hereinafter described, shall be referred to herein as "the Property"); and WHEREAS, the Board of Trustees of the Agency has now been filled and the Agency has proceeded to search for developers who may be interested in developing the Property; and WHEREAS, the City desires to affirm its support of the Agency and its efforts to find a developer and the City desires to affirm its intent to proceed in conformity with the policy upon which the Agency was established. NOW THEREFORE, BE IT RESOLVED that the City shall convey to the Agency for the purposes hereinafter set forth, the property, generally described as follows: Recreation w/BLM restriction Golf Course Undeveloped Springs #2 and #3 Adjacent to Old City Park TOTAL 160.0 acres 91.6 acres 108.0 acres 25.0 acres 13.3 acres 397.9 acres upon the Agency first satisfying the City, within 90 days, of the following: A. That the Bureau of Land Management waive in writing, or agree to the consideration for release of, the use restrictions on the BLM land prior to or simultaneously with the proposed conveyance. B. That the City Surveyor determine the exact legal boundaries of the Property and that the conveyance be pursuant to such deter- mination. C. That the City at a subsequent hearing determine and agree to the adequacy of the consideration to flow to the City in return for the conveyance of the Property. RESOLUTION 83-14 394 Resolution 83-14 Continued D. That there shall perpetually exist as now or as relocated a regulation nine -hole municiple golf course subject to regulation by the City of fees charged to the public for the use thereof. E. that the City's culinary water supply from the springs situated upon the Property be preserved without detriment to the quality and quantity of water derived therefrom. It is understood that the Property, as defined herein, shall not include the area of the Old City Park and sufficient area for parking adjacent thereto; the parking area across the road of the Old City Park is not deemed to be part of the Old City Park, but the parking area for the Old City Park may require dedication of two acres thereof. BE IT FURTHER RESOLVED that the Agency is hereby requested to meet with the appropriate officials of the Department of the Interior to provide to the City a proposed agreement to be signed by the City and the Department of the Interior whereby the restrictions of the BLM land may be waived or otherwise satis- fied. BE IT FURTHER RESOLVED that in order to insure receipt of adequate consij_ _tion for the Property, the City shall immediately obtain not less than two competent appraisals of the Property. BE IT FURTHER RESOLVED that the City hereby declares that in acknowledgement of the public service being provided by the Agency, it is the declared policy of this City to retain title to the Property and to not transfer the Property to any person or entity other than the Agency so long as the Agency continues to actively pursue the development of the Pro- perty. BE IT FURTHER RESOLVED that this Resolution is a declaration of the policy and intent of the City only and is not a contract or shall it be construed to be a contract or other legal obligation compelling the City to transfer the Property to the Agency or anyone else, nor shall it be construed as a creation of Agency authorizing the Agency to contract on behalf of the City. PASSED by a vote of the majority of the members of the Moab City Council this 7th day of July, 1983. /s/ Thomas A. Stocks Mayor ATTEST: /s/ Mark Hollowaty City Administrator The meeting was adjourned by unanimous consent at 10:40 P.M. Thomas A. Stocks Mayor a Hol`J'Qwaty City Administrator 395 CITY COUNCIL July 19, 1983 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen White, Tomsic and Brewer. Coun- cilman Neal arrived at 9:08 P.M. and Councilman Hefner arrived at 10:10 p.m. Also attending were Mayor Stocks, Administrator Hollowaty (who arrived at 8:22 p.m.) Herschel Hester, Engineer Keogh, Secretary Rees, Superintendent Leech, the media and 10 citizens. Attorney Mortensen was in attendance for the Executive Session. Mayor Stocks called the meeting to order at 8:00 P.M.; Councilman Brewer lead the Pledge of Allegiance and Councilman White gave the Invocation. REGULAR MEETING AND ATTENDANCE :M There was a question regarding the minutes APPROVAL OF THE CD of June 21, 1983 on page four, paragraph two MINUTES 1-1 regarding a motion made by Councilman Hefner. V As he was not in attendance to clarify the `CLILI matter, Councilman Brewer moved to table the approval of the minutes until later in the meeting. The motion was seconded by Councilman White and carried unanimously. Councilman Brewer moved that the minutes of July 1, 1983 be ac- cepted as presented. The motion was seconded by Councilman White. During discussion, Mayor Stocks asked that the close of the meeting on July 1, 1983 on July 5, 1983 be incorporated into the minutes. The suggestion was accepted by Councilmen Brewer and White and the motion carried unanimously. Councilman Brewer moved the minutes of July 5, 1983 be approved as presented. The motion was seconded by Councilman White and carried unanimously. Administrator Hollowaty had not arrived at the meeting at this point. Councilman Brewer stated he would like to have a progress report on the swim center renovation on the agenda for the next meeting. Mayor Stocks reported he had met with David Bretzke of Spanish Valley Water and Sewer Im- provement District regarding the water they are to supply, the City. He stated the pump is being repaired to enable the district to supply the full amount of water to the City, but in the meantime, the district is willing to pay for the pumping costs at Corbin Well to bring the Cityfull Mayor Stocks also reported that the Moab Community Develop- ment Agency had requested a letter transferring BLM land under patent to the City to the Agency for the development project. Council members expressed concern that the City receive fair value for the land and that no transfer could be made until two appraisals were completed. Administrator Hollowaty and Herschel Hester arrived at this point. (8:22 p.m.) Administrator Hollowaty informed the Council he had ordered twc appraisals of the property surrounding the golf course. The appraisals should be com- pleted by August 1, 1983. Administrator Hollowaty reported that three proposals were received for the plans and specs REPORTS ADMINISTRATORS REPORT 3 79 6 Administrators report continued PUBLIC HEARING Budget Amendment ctg- /5'a e" - PUBLIC HEARING Additional Outlet Charge for United Cable Television BID OPENING BI Pickup and Animal Control Pickup for the swimming pool renovation. The swim pool committee will be meeting next week to go over the proposals. Administrator Hollowaty stated there was a very wide price range on the proposals and that the Council needed to give more direction as to what they wanted. Councilman Brewer questioned Administrator Hollowaty regarding FranK' Fossey's six-month limit on the mobile home on Rosetree Lane. Councilman Brewer also questioned the adminis- trator regarding notifying the firm of Claus and Adkison about doing the 1982/83 audit and questioned the status of the pump on Powerhouse Lane. Administrator Hollowaty stated Bretzke had been notified numerous times and that the repairs would be made. It was suggested the City Council have a meeting with Spanish Valley Water and Sewer Improvement District regarding their inability 'to supply the amount of water contracted. Administrator Hollowaty also report- ed that the stripping of the streets has been completed. Some complaints have been received from merchants on First North regarding the parallel parking. Administrator Hollowaty stated the crews would be proceeding on the cross -over on Nichols Lane and have completed the Kane Creek water line. This fall the renovation of the swimming pool and completion of Williams Way will begin. Engineer Keogh reported he was in the process of obtaining the right-of-way agreements from the residents on Nichols Lane. He also stated he anticipated no problems. Mayor Stocks opened the public hearing regarding the budget amendment at 8:45 P.M. Administrator Holowaty commented that the amendment was nec- essary due to the lateness of the state report on the property tax receipts and the anticapated receipt was set high. He read Resolution 83-15 amending the budget. Councilman Tomsic moved to adopt Resolution 83-15 and the motion was seconded by Councilman White and carried unani- mously by roll -call vote. Mr. Jim Corwin, manager of United Cable -Tele- vision in Moab, appeared before Council stating the charge for additional outlets would only affect those outlets installed after approval by the City. He estimated that the $1.25 per month charge would allow a reduction in the installation charge --from $20.00 to $15.00 and provide additional funding to obtain additional channels in the future. Councilman White moved the Council grant the rate increase request for United Cable Television to charge $1.25 per month for new additional hookups. The motion was seconded by Councilman Tomsic, who added that the increase would not affect current users. Councilman White restated the motion and Councilman Tomsic accepted the motion. The motion carried by roll -call vote., Administrator Hollowaty advised the Council that one pickup was for the Animal Control Officer and the other was for the Building Inspector. The first bid opened was from Gaither Chevrolet -Pontiac who bid 1984 vehicles: the bid for the Building Inspection pickup was $8,140.65 with $1,000 allowance for trade-in; the bid for the Animal Control vehicle was $8,503.00. Both vehicles have a delivery date 397 of October. The second bid opened was from Peterson Ford who bid 1984 Ford vehicles with alternate bids for 1983 vehicles. The bid for the Animal Control vehicle was $8,486.00 for the 1984 and $8,453.00 for the 1983. The bid for the Building Inspection vehicle was $7,497 for the 1984 vehicle with a $500 allowance for trade-in and $7,300 for the 1983 Ford. Administrator Hollowaty stated the 1984 trucks could be higher priced and would require a 3 to 4 month delay for delivery. The 1983 ve- hicles have a five-day delivery. Councilman Brewer moved to table the bid acceptance until the next meeting to allow Administrator Hollo- waty time to go over the bids. The motion was seconded by Councilman Tomsic and carried unani- mously.` Administrator Hollowaty advised the Council Change in procedure for of a change in procedure in accepting bids. opening bids - Bids will be accepted and opened on a Thursday M at a public meeting prior, to the next regular Council meeting. Administrator Hollowaty will r•.1 then bring the bids and his recommendation to the next Council meeting for acceptance. W Administrator Hollowaty read a letter from REQUEST TO USE CITY Coleen Patrick requesting the use of the City PARK FOR COUNTY FAIR Park on Agust 12 and 13, 1983 for the Grand County Fair. Councilman Tomsic moved to allow the use of the City Park. The motion was second- ed by Councilman White and carried unanimously. There was some question regarding the hanging of a banner on Main Street and First North. Superintendent Leech stated their banner is cut letters, enabling the wind to go through and there should be no problems. Councilman White stated there are two sets APPROVAL OF THE BILLS of bills to approve as one set concludes the transactions from last fiscal year. He moved the bills from FY 83/84 be paid in the amount of $39,337.65 as stated. The motion was seconded by Councilman Tomsic and carried unanimously by roll -call vote by the three Councilmen in attendance. Councilman White then moved that the bills from FY 82/83 be paid as presented in the amount of $16,544.71. The notion was seconded by Councilman Tomsic and carried unani- mously by roll -call vote by the four Councilmen in attendance. (Councilman Neal arrived at 9:08 P.M.) Mr. Herschell Hester III, Executive Director HERSCHEL HESTER III of the Utah League of Cities and Towns appeared EXPLAINS LOCAL OPTION before Council to provide the Council with SALES TAX more information regarding -the 1/8% local option sales tax. Mr. Hester reviewed the history of the new tax, pointing out that many commun- ities located outside major commercial centers felt that sales tax distribution was unfair. During the first year after adopting the sales tax option, the local government share is to be based 25% on population and 75% on point of sale. By 1988, this will increase to a 50-50 split. The City would have to enact the sales tax by accepting an ordinance prepared by the League of Cities and Towns by September 1, 1983 inbrder to receive additional revenue. Administrator Hollowaty commented that the sales tax would affect all purchasers unlike an increase in local property tax. The Council discussed the local option sales tax with Mr. Hester and agreed to consider the proposal. 398 CITIZENS MAY APPEAR Zeke Francis re. Parallel parking on First North Recess before Executive Session REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT Mr. Zeke Francis, owner of Four Corners Design Center, appeared before Council to protest the change to parallel parking on First North. he cited several reasons for his displeasure, including reduced parking and inconvenience to customers due to water in the gutter. Council members agreed that the matter should be placed on the agenda for the next meeting. Councilman White moved the meeting be recessed for five minutes before going into Executive Session. Councilmhn Brewer seconded the motion, which carried unanimoulsy. The meeting was recessed at 10:10 P.M. ATTEST: cf}%gt.ha; APPROVED: Thomas A. Stocks Mayor Mark Hollowaty City Administrator/Recorder CITY COUNCIL August 2, 1983 A regular meeting' of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Brewer, White, Neal, Hefner and Tomsic. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attor- ney Mortensen, Chief Ison, Superintendent Leech, Secretary Rees and 35 citizens. Mayor Stocks called the meeting to order at 8:02 p.m.; Coun- cilman Neal lead the Pledge of Allegiance and Councilman Hefner gave the Invocation. Administrator Hollowaty clarified the question on the minutes of June 21, 1982. Councilman White moved the minutes be approved as corrected with Councilman Neal seconding the motion, which carried unanimously. Councilman White moved the minutes of July 19, 1983 be approved as presented. Councilman Brewer seconded the motion, which carried unanimously. Administrator Hollowaty had several items in his report. He first asked the Council about holding a workshop session with representatives of City Market regarding industrial revenue bonds. He also mentioned a proposal is on its way to him for a civic/convention center. He reported on the status of the City code codific- ation, stating the legal analysis is on its way and a proposal for entire codification. He advised the Council of the award of the BLM bid for a new building. The location will be 53 West Dogwood across from the Miller's Shopping Center. He commented on a note of thanks received at- the Police Department for their recovery of a handbag. The final item Mr. Hollowaty reported was a seminar by the Center for Public Affairs and Administrator regarding planning and zoning. All Council, Planning Commission and Board of Adjustment members are invited to attend. The seminar will continue for six successive weeks each Wednesday. 399 Engineer Keogh reported he was in the process of acquiring water and sewer easements and questioned the Council as to reimbursement for the easements. He suggested $23.00 as the amount of an easement. There was some discussion among the Council. Councilman Brewer questioned the new procedure for bid openings. He asked if the openings were advertised and published and if the Council should be present. Administrator Hollowaty assured him the meetings for openings of bids are published and Mayor Stocks stated Council could attend. Councilman Neal advised the Council of a tree on Opal Street that has upheaved the curb and gutter and needs attention. He also mentioned the numerous lots and yards overrun with weeds and asked that Inspector Kelley drive around and site the areas and inform the property M owners of their violation of City Code. Council- man Neal also reported that members of the D Pacers baseball team will be present lAter U in the meeting to request funding help in get- (y.1 ting their team to Indiana for a softball tourn- W ament. Councilman Tomsic reported holes in the road by the Gopher Store on Fifth West and another near the corner of McCormick and McGill Boule- vards. Councilman White reported that the new salary structure chart effective July 1, 1983 was figured incorrectly and asked Administrator Hollowaty to have it redone. Mayor Stocks read a letter from Merlene Mosher regarding private swim pool rental. Administrat- or Hollowaty responded that individuals could rent the swim pool but the only day available is Sunday evenings. Mayor Stocks also stated Mrs. Gladys Wells had contacted him regarding an adjustment in her water bill as she had a water break in the night. Administrator Hollo- waty responded that if the break was on here side of the meter, she is responsible for the bill. Councilman Neal also mentioned the storm drain on the corner of Center Street and First East needs to be raised. He also questioned when one streets could be swept. Administrator Hollowaty informed the Council that Mr. Joe Kingsley did not wish to pursue the amendment of the ordinance futher, due to the fact that Mr. Kingsley did not want to install a seperate restaurnat entrance. The matter was deleted from the agenda. Council- man Tomsic stated she wished to remind everyone that the ordinances are written for all the people and are forever once adopted. They are not written to accomodate individuals. COUNCIL REPORTS PUBLIC HEARING: REQUEST FOR AMENDMENT TO ALCOHOLIC BEVERAGE ORDINANCE Administrator Hollowaty explained the ordinance PUBLIC HEARING: is necessary to update the traffic code of ADOPTION OF ORDINANCE the City to reflect laws passed by the 1983 NO. 83-03 Utah State Legislature relating to drunk driving to enable the City to collect the fines and fees. He read the proposed ordinance and the matter was discussed by Council. Councilman White moved, after due public hearing and public input, that the Council adopt Ordinance 83-03, revising Section 14 of the Moab City Code. 400 BID AWARD: SEWAGE TREATMENT EXPANSION The Motion was seconded by Councilman Hefner and carried unanimously by roll -call vote. Members of the audience, Darlene Nelson and Terry Spinks, representing the Hitch-N-Post, expressed their views and their support of the Police Department. Administrator Hollowaty read a letter from PLANT Engineer Anderson regarding the bid award for Phase I expanison of the wastewater treatment plant. Mr. Anderson recommended the bid be awarded to R. D. and R. Construction of Payson, Utah in the amount of $336,500.00, which is less than 4% below the estimated cost. Council- man Hefner moved the bid be awarded to R. D. and R. Construction in the amount of $336,500. The motion was seconded by Councilman White and carried unanimously by roll -call vote. Councilman Hefner mentioned the contractor had indicated the intention to purchase the building materials locally. PROPOSAL TO PROVIDE Administrator Hollowaty read the proposal from ENGINEERING SERVICES James M. Montgomery Consulting Engineers to DURING CONSTRUCTION provide engineering services during the expans- OF PLANT ion of the sewage treatment plant in the amount of $21,000.00. Councilman Brewer moved to accept the proposal for services as budgeted in the amount of $21,000 from James M. Montgomery, Inc. The motion was seconded by Councilman Tomsic and carried unanimously by ____-call vote. niD AWARD: Administrator Hollowaty stated he had reviewed ANIMAL CONTROL the bids and recommended the Council accept PICKUP the bid from Peterson Ford for a 1983 Ford Ranger in the amount of $8,453.00. There was some discussion among the Council afterwhich Councilman Tomsic moved to accept the Peterson Ford bid in the amount of $8,453.00. The motion was seconded by Councilman Brewer and carried unanimously by roll -call vote. BID AWARD: Administrator Hollowaty recommended the bid BUILDING INSPECTION be awarded to Peterson Ford for a 1983 Ford PICKUP Ranger in the amount of $7,300.00. Councilman Hefner moved to table the consideration for the purchase of a Building Inspection vehicle. The motion was seconded by Councilman Neal. The motion was discussed by Council. Councilman Neal stated the steering and clutch could be worked on and he would rather spend a few hun- dred dollars to repair the present vehicle. Mayor Stocks reiterated his stand that the Building Inspection department is far exceeding the revenues it is taking in and that the City should not operate it's own building department. Administrator Hollowaty commented that building is up 126% over what it was last year. Council- man Tomsic stressed that the issue was not whether to abolish or keep the Building Inspec- tion Department or not. The issue is honoring this bid advertised and budgeted. Councilman Hefner called for the question and the motion was defeated by roll -call vote, Councilmen White, Tomsic and Brewer being opposed. Council- man Tomsic moved to accept the Peterson Ford bid for $7,300.00 for the 1983 Ford Ranger. The motion was seconded by Councilman White and carried by roll -call vote, Councilman Hefner and Neal being opposed. 401 O U ;44 W Administrator Hollowaty advised Council that 12 swimming pool companies had been contacted asking for quotes on plans. Three responses were received: Conley Company in the amount cf $5,000.00;Rocky Mountain Pools in the amount of $5,600.00; and Arix, Inc. in the amount of $10,000.00. He stated that each company was asked to Submit two bids, one for a 50 meter by 25 yard pool and one for a 25 meter by 25 yard pool. Mr. Hollowaty stated the swim pool committee had voted unanimously to recom- mend to the Council to enter into an agreement with Conley Company to produce the plans for the pool. Administrator Hollowaty stated he had received an estimate on the renovation df the bathhouse and was informed the building could be remodeled for considerably less than the original estimate. He felt the larger pool might be feasible since the bathhouse remodeling would be less than the original estimate. He and the Council also discussed a bubble cover, the kiddie wading pool and comments from the public. Councilman White moved the Council accept the swim pool committee's recommendation and contract with Conley Company for the pur- chase of the pool plans in the amount of $5,000. The motion was seconded by Councilman Tomsic and carried unanimously by roll -call vote. The Council was invited to the next committee meeting tomorrow evening. Going before the Council for final approval were five requests for Home Use Occupation as follows: Gayle Winn, 831 Mountain View, to sew craft items and put on consignment in retail stores; Doug Aldridge, 196 North Second East, to service fire extinguishers for local businesses; Carla Govreau, 370 Hillside Drive, to operate a computer programing business; Lora Lee Ballard, 612 Kane Creek, to sell Wat- kins home care products; and Marian Narans, 365 Walker Street, to operate a pre -kindergarten school. Councilman Hefner moved to consider the approval of the above five items together. Councilman White seconded the motion, which carried unanimously. Mayor Stocks recommended Stephanie Chatterton be appointed to the Swim Pool Committee replac- ing Joyce Victor. Councilman Brewer moved to appoint Mrs. Chatterton to the swim pool commit- ree. The motion was seconded by Councilman Neal and carried unanimously; Councilman White did not vote, as he had left the room. Mr. Zeke Francis and Mrs. Nellie Beyeler appear- ed before Council to protest the new parallel parking on First North Street. Mr. Francis stated the change from angle parking to parallel parking had reduced the number of parking spaces on the block from 38 to 20. He also questioned why other streets in the City had not been changed to parallel parking. Councilman White moved to eliminate the turning lanes on First North, Center Street and First South. The motio N died for lack of a second. After more discussion Councilman Brewer moved to continue with the existing parallel parking on First North. Coun- cilman Hefner seconded the motion, which Mayor Stocks ruled out of order, as the motion does not create any action. Councilman Tomsic moved to continue the existing parallel parking for a period of three months until November 1, 1983 when the Council meets. The motion was seconded by Councilman Hefner. There was more BID AWARD: SIM POOL PLANS APPROVAL OF PLANNING COMMISSION ACTIVITIES Gayle Winn Doug Aldridge Carla Govreau Lora Lee Ballard Marian Narrans STEPHANIE CHATTERTON APPOINTED TO SWIM POOL COMMITTEE CITIZENS PROTEST PARALLEL PARKING ON FIRST NORTH -402 PACERS BASEBALL TEAM REQUESTS DONATION APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDANCE discussion regarding the parking. Councilman Brewer called for a point of order and the motion carried by majority, Councilman White being opposed. Members of the Pacers baseball team and their coach, Terry Paige, appeared before Council to request a donation to enable them to travel to Indiana for the tournament. There was a great deal of dispussion_ regarding the costs involved. Mr. Paige'exp_tahitedi the team will be holding a bake sale and a carwash on this coming Saturday and is requesting donations from businessmen. He further stated the team needs approximately $6,500.00 to make the trip. Mayor Stocks asked Administrator Hollowaty what could be done to help the team get to Indiana for the tournament, which will be held August 11 through 14, 1983. After discussion, Councilman Neal moved the City donate up to $3,500 from the Executive Budget to send the team to Indiana. The motion was ruled out of order. Administrator Hollowaty stated that, for the Council to expend funds from their area of the budget, all that was needed was direction to write a check. The Council then decided to expend up to $2,500.00 from the Executive budget, depending on the amount of money the team was short after their fund- raising projects. Councilman White stated the portion of ,ne Grand County bill for Holyoak wages in the amount of $160.00 should be deleted, as the Council had previously decided not to pay. He moved the bills be paid in the amount of $49,623.51. The motion was seconded by -Council- man Neal and carried unanimously by roll -call vote. As there was no futher business to come before the Council, Councilman Neal moved to adjourn. The motion was seconded by Councilman White and adjourned at 11:15 p.m. by unanimous con- sent. APPROVED: ee— Thomas A. Stocks Mayor ATTEST: Mirk Hollowaty City Administrator/Recorder CITY COUNCIL August 16, 1983 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Hefner, White, Brewer, and Tomsic. Councilman Neal was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Chief Ison, Superintendent Leech, Secretary Rees, the media and 10 citizens. Engineer Keogh was out-of-town. 4 0 g Mayor Stocks called the meeting to order at 8:02 P.M.; Councilman Brewer lead the Pledge of Allegiance and Councilman Hefner gave the Invocation. Councilman Tomsic made two corrections to the minutes of August 2, 1983. Both corrections were on page five. Councilman Tomsic made the motion, not Councilman Hefner. Councilman White moved to approve the minutes of August 2, 1983 as corrected. The motion was seconded by Councilman Brewer and carried unanimously by the four Councilmen in attendance. Administrator Hollowaty reported that a workshop session of the council has been called for August 18, 1983 at 8:00 P.M. in the City Hall Conference Room to disucss industrial revenue bonds for City Market. Administrator Hollowaty also asked the Council for direction regarding the expenses incurred for appraisals of the property surrounding the golf course, as there is no money budgeted. He suggested carrying a seperate account with a negative balance. r, He also advised the Council that the final c] date for filing dandidacy for the election 's7 is September 17, 1983. He reported on a hiring and firing seminar that he, Chief Ison and Treasurer McLeod attended in Grand Junction on August 15, 1983 and informed the Council our present policies are in violation of fed- eral laws in several areas. Administrator Hollo- waty also reported that the tent caterpillars have migrated from the deep canyons back into the City. There is no money budgeted for fall spraying. Councilman Tomsic suggested he ap- proach the Grand county Commission about their budgeting monies for spraying also. He also reported that the Grand County Clerk had inform- ed him the $160.00 per month the Council dis- allowed on payment at the last meeting was for county animal control and asked the Council to reconsider the matter. The final item Mr. Hollowaty reported was the need for a resolution to apply for a VISA card to enable City employ- ees to attend seminars and travel without pre- payment. He asked the Council to waive the matter not being on the agenda and pass the resolution as it is not regulatory and does not deal with the public interest. Councilman Brewer questioned Mayor Stocks as to how matters reported by the Administrator can be resolved without questions or discussion. Councilman White mentioned the matter is addres- sed in the duties book from the League of Cities and Towns. He stated that reports are to be given in writing and can't be acted upon, as the matters are not listed on the agenda. Mayor Stocks read a letter fromthe Grand County Council on Aging thanking the City for their help in obtaining the handicapped bus. He also stated he would like to have a workshop session to discuss the option agreement between the Agency and the contractor, Lignell of Canyon- lands Associates. No date was set for the meet- ing. Mayor Stocks stated Engineer Keogh asked for direction at the last meeting, but he is in Alaska. Administrator Hollowaty advised the Council of the following fees suggested by Engineer Keogh: $23.00 per 100 feet if the property is assessed at $1,000 per acre; $115.00 CALL TO ORDER APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT Workshop session to discuss industrial revenue bonds set COUNCIL REPORTS EASEMENT FEE SCHEDULE DISCUSSED 404 DISCUSSION REGARDING per 100 feet if the property is assessed at EASEMENT FEES $5,000.00; and $230.00 per 100 feet if the CONTINUED property is assessed at $10,000 per acre. The fee schedule was discussed by Council. Council- man Hefner stated he felt a fee of up to $115 with Engineer Keogh able to negotiate would be adequate. Councilman White stated he felt the rates as presented were reasonable. After further discussion, Councilman Hefner moved the City pay $50.00 per 100 feet on any apprais- ed property for easements. The motion died for lack of second. Councilman Tomsic then moved to set the fee schedule as presented. Councilman White seconded the motion. After further discussion the motion and second were withdrawn. Councilman Tomsic then moved to table the matter until Engineer Keogh is in attendance. The motion was seconded by Council- man Brewer and carried unanimously. REQUEST FOR CLASS I Administrator Hollowaty advised the Council BEER LICENSE that the license is for the B.P.O.E. and City Code requires that a Class II retail beer lic- B. P. O. E. ense be applied for and all officers of the corporation sign the application and go through the investigative procedures. He stated the Elks had requested that a Class II license be issued conditional upon the officers of the corporation undergoing the investigation. Councilman Brewer moved that a Class TT license be issued to the Elks Lodge #2021 under the provision that they pass the requirements and provisions of the corporation as authorized by• the City of Moab and verified by the Chief of Police and Administrator and resubmit an application for a Class II retail beer license. The motion was seconded by Councilman Hefner and carried unanimously after discussion. Adm- inistrator Hollowaty informed the Council the Elks Lodge is also requesting a cabaret license and cannot have a cabaret license with a Class I beer license. He further clarified that a Class I license does not allow persons under 21 to be on the premises. REQUEST FOR TRANSIENTAdministrator Hollowaty explained that Roberts MERCHANT LICENSE Hearing Aid Center is now licensed in the State Roberts Hearing Aid of Utah and they have submitted all necessary Center bonds and paperwork for a transient license. He further explained that business will be conducted periodically at the Ramada Inn and that the company has been investigated only through the Better Business Bureau. Councilman Brewer moved the Council approve the transient merchant license' for Roberts Hearing Aid Center of Grand Junction,' Colorado. The motion was seconded by Councilman White and carried unani- mously. PROGRESS REPORT ON Engineer Al Anderson appeared before Council SEWAGE TREATMENT to give a progress update on the sewage treat - PLANT EXPANSION ment plant expansion. He reported that a pre - construction conference had been held earlier in the day. He stated Attorney Mortensen had reviewed the contract documents and found one item that needs clarification regarding the restrictions on the bond. He recommended that the agreement be signed and notice to proceed not be given until Attorney Mortensen has re- solved the matter of the bond. Attorney Morten- sen stated it would be agreeable as long as the motion clearly defines that the notice to proceed will be given when the matter is resol- ved. Councilman Tomsic moved the agreement 405 between the City of Moab and R. D. and R. Con- struction Company for the construction of the sewage treatment plant be approved and authorize the Mayor to execute the agreement with the express understanding that there will be no notice to proceed until the problem regarding the bonds are corrected and the title to the land is secured. The motion was seconded by Councilman White and carried unanimously. Eng- ineer Anderson stated he will be reporting to the Council at the second regular meeting of each month and that he will be working close- ly with Dave Maki of Engineer Keogh's office. Councilman White asked a question of priviledge. He requested a decision of the chair if the Council could entertain a motion on the Countys' bill for the animal control officer and address the resolution regarding VISA cards. Mayor Stocks replied the Council had meetings coming up the matters could be handled in, as the 0 matters were not on the agenda. 1-.1 (,.) Administrator Hollowaty stated the bid openings BID AWARD: DO had been held Thursday, August 11, 1983 at POLICE DEPARTMENT ;4 3:00 p.m. He informed the Council that nine COMPUTER bids were received from four vendors. He expres- sed thanks to Hyrum Tatton, the principal at the High School for his assistance in looking over the bids. Bids were received as follows: Royce's Electronics in the amount of $6,832.00 and an alternate in the amount of $3,636.00 (does not meet specs); Televideo in the amount of $5,663.00 and an alternate in the amount of $6,423.00; IBM in the amounts of $4,455.00, $6,220.00 and $5,015.00; and Office Equipment Company in the amount of $4,590.00 and an alter- nate in the amount of $4,900.00. He recommended the Council accept the Olivetti bid from Office Equipment Company in the amount of $4,590.00 as it includes good hardware and approximately $2,000 worth of software, good response to trouble and a loaner in the event of problems. Councilman Tomsic moved to accept the low bid from Office Equipment Company for the Police Department computer in the amount of $4,590.00. The motion was seconded by Councilman Brewer and carried by majority roll -call vote, Council- man Refner being opposed. Administrator Hollowaty stated five bids had BID AWARD - been received for the backhoe as follows: Cen- BACKHOE tury Equipment Company bid $26,879.00; Scott Equipment Company bid $29,150.00; Honen Equip- ment bid $29,240.00 and Rasmussen Equipment Company bid $31,602.00. He recommended the Council purchase the Case 480D tractor, loader, backhoe offered by Century Equipment Company in the amount of $26,879.00. The motion was seconded by Councilman White and carried unani- mously by roll -call vote. Administrator Hollowaty stated only one bid had been received for the weed sprayer. Western Implement of Grand Junction bid $3,443.00 for a Meyers sprayer. Councilman Hefner moved the Council accept the bid with Councilman White seconding the motion, which carried unanimously by roll -call vote. Councilman Hefner requested the Cemetery District be allowed to purchase the old sprayer. BID AWARD - WEED SPRAYER 406 ADJOURNMENT BID AWARD FOR VIDEO SYSTEM FOR POLICE DEPARTMENT TABLED CITIZENS MAY APPEAR BEFORE COUNCIL M.Gailbraith & D. Dudek regarding MCDA MEETINGS SCHEDULED Administrator Hollowaty stated four bids had been received for the video system for the Police Department as follows: MOVID bid $3,725 and an alternate in the amount of $3,960.75; The Movies bid $3,229.00 plus an alternate that did not meet specs. Administrator Hollowaty recommended the Council not accept either bid until the bidders could be invited to demonstr- ate their equipment. Councilman Tomsic moved to table to the next meeting. Councilman Hefner seconded the motion, which carried unanimously. There was some discussion as to what the depart- ment intended to use the video system for. Chief Ison explained that the State of Utah has video training films available to police departments so the system will be used for training and arrest situations. Citizens Milton Galbraith and Dannelle Dudek appeared before Council with questions regarding the Community Development Agency. There was some discussion regarding the land transfer. A workshop meeting was set for Thursday, August 18, 1983 for the purpose of discussing City Market's request for industrial revenue bonds. The meeting will be held in the City Hall Con- ference Room at 8:30 P.M. with an Executive Session at 8:00 p.m. A second meeting was set for the purpose of adopting the sales tax option on Tuesday, August 23, 1983 in the Council Chambers. '+PPROVAL OF THE BILLSCouncilman White moved the bills be paid as presented in the amount of $48,092.33. Council- man Hefner seconded the motion, which carried unanimously by roll -call vote. Councilman White moved the meeting be adjourned. Councilman Brewer seconded the motion, which carried unanimously. The meeting was adjourned at 10:23 P.M. APPROVED: Thomas A. Stocks Mayor ATTEST: ifa4A.6 94‘zeoi&a4 Mark Hollowaty City Administrator/Recorder 407 CITY COUNCIL SPECIAL MEETING August 23, 1983 A special meeting of the Moab City Council SPECIAL MEETING AND was held on the above date in the City Council ATTENDANCE Chambers of the Grand County Courthouse. Attend- ing,were Councilmen White, Neal, Tomsic, Brewer and Hefner. Also attending were Mayor Stocks, Administrator Hollowaty and Engineer Keogh. Mayor Stocks called the meeting to order at 8:00 p.m.; Councilman White lead the Pledge of Allegiance and Councilman Neal offered the Invocation. Administrator Hollowaty advised the Council that the City has been paying $160.00 per month for Arnold Holyoak's wages as brand inspector. After meeting with the Commission, Administrator Hollowaty was advised that Mr. Holyoak is an r-I Animal Control Officer, picking up larger loose U animals. He further advised Council he has =T� not received the requested documentation for -'� Mr. Holyoaks services. He recommended the City pay for his services on an as -call basis. Coun- cilman Tomsic stated there is an ordinance that does not allow for stock in the City limits and moved the City no longer pay the monthly fee for the County Animal Control person but utilize him on a fee basis as the occassion arises. The motion was seconded by Councilman White. After further discussion regarding the fee amount, the motion carried unanimously. Engineer Keogh was asked to explain how he DECISION REGARDING arrived at the figures he did for easements. EASEMENT FEES He explained that the fee was not to buy land, but to occupy it and use portions for easements. He further explained he came up with the figures he did by basing the fee on the price per acre. After a great deal of discussion, Councilman Tomsic moved the Council establish a fee of $23.00 for easements 10 x 100 linear feet. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Administrator Hollowaty read the resolution and clarified, the legislature passed a bill permitting cities and counties the option of .reacting an additional one -eighth percent sales tax which -would remain in the area where the purchase occurred- on a point of sale basis. He added that if the additional 1/8% is not .enacted by -local governments, it will go to the state. The Council discussed the possibility of reducing the existing gross business license tax of 1/2 of 1% by an amount identical to the proposed sales tax increase, thus maintain- ing the overall sales tax at the same level. It was pointed out that the decrease would require a seperate ordinance. After questions from citizens in attendance and further discus- sion, Councilman Neal moved to adopt Ordinance 83-04. The motion was seconded by Councilman Tomsic and was defeated by majority vote, Coun- cilman Neal voting in favor. Councilman White then moved the Council enact Ordinance 83-04 as well as reduce the Moab business license fee by 1/8 of 1%. He was informed that a seper- ate public hearing and a seperate ordinance would be required. Mayor Stocks ruled the motion out -of -order. DECISION REGARDING COUNTY ANIMAL CONTROL WAGES PUBLIC HEARING: ADOPTION OF 7/87. LOCAL OPTION SALES TAX 408 BID AWARD: P. D. VIDEO SYSTEM RESOLUTION 83-16 TABLED COMMUNITY DEVELOPMENT MEETING SET PUBLIC HEARING DATE SET REGARDING AGENCY OPTION AGREEMENT ADJOURNMENT SPECIAL MEETING AND ATTENDANCE Administrator Hollowaty stared the bids from The Movies and MOVID had been reviewed and he and Chief Ison recommended the bid from MOVID in the amount of $3,725.75 plus $200 for the cabinet be accepted. Mayor Stocks quest- ioned what the equipment would be used for. Chief Ison explained that the key use of the system would be for officer training as the state is developing a system of training tapes for law enforcement, resulting in reduced train- ing costs. He added the system would also be used in investigations, crime scenes and arrests adding that the use of videotape in DUI cases is common elsewhere, reducing the number of cases going to court thereby reducing City Attorney costs. Councilman Brewer moved the Council accept the bid from MOVID in the amount of $3,925.75. The motion was seconded by Coun- cilman Neal. After further discussion, the motion was defeated by majority vote, Councilmen Brewer and Neal voting in favor of the motion, Councilmen Hefner, White and Tomsic being oppos- ed. Administrator Hollowaty stated the resolution is a management formality with the bank to be able to issue VISA cards to individual em- ployees for travel purposes. He felt that re- ceipts could be controlled much easier as all bills would come to the City. The resolution would'involve twenty cards for employees. « cer much discussion and clarification, Councilman Tomsic moved to table Resolution 83-16 until further information can be obtained regarding the costs of the cards. The motion was seconded by Councilman Brewer and carried unanimously. Mayor Stocks announced a meeting of the Moab Community Development Agency at the Ramado, Inn at 7:00 a.m. with Mike Chitwood of the Salt Lake City Development Agency. Councilman White requested that a date be set for a public hearing regarding the reduction of the City business license fee. The matter was discussed by Council. As there was no further business coming before the Council, Councilman Neal moved to adjourn with Councilman Brewer seconding the motion. The meeting was adjourned by unanimous consent. r ATTEST: APPROVED: /;-/3/f3 GO-- ...C/Z,OT-046— jl`homas A. Stocks, Mayor trator/Recorder CITY COUNCIL SPECIAL MEETING August 29, 1983 A special meeting of the Moab City Council called by Mayor Stocks was held in the Greenwell Restaurant on the above date at 12:00 p.m. 40q The purpose of the meeting was to discuss the option agreement with the Moab Community Dev- elopment Agency and to discuss putting the pool out to bid. Attending were Councilmen Tomsic, Hefner, NeaL, and Brewer. Councilman Councilman White was absent. Also attending were Mayor Stocks, Administrator Hollowaty, Secretary Rees, Bill Davis of The Times Indep- endent, Nate Knight, jr. of the Swim Pool Com- mittee, Ester Gilmore, president of the Swim Team Parents Association, Dee Tranter and Steve Kennedy. The meeting was called to order at 12:09 p.m. Administrator Hollowaty explained the pool plans to the group. The plans call for an L- shaped pool 25 yards by 25 meters with a 1-meter and a 3-meter diving board at the south end using the existing bathhouse, filter room and observation area. The pool will be bid with solar heat utilizing the existing heater as auxilary heat. The plans also call for racng platforms at both ends of the pool, embedded M racing lines and deck furniture. The depth will slope from 32' to 13' at the deep end. 1-0 The showers will be redone, adding non-skid flooring and two individual showers. The con- Ct7 struction cost is estimated between $250,000 and $275,000. Administrator Hollowaty stated the demolition of the old pool will be bid as a seperate cost item from the construction and is estimated at between $25,000 and $35,000. Mayor Stocks suggested the Council consider retaining the old pool, building the new pool next to it. There was a good deal of discussion regarding this proposal. Administrator Hollowaty commented that the existing bathhouse would not be large enough to accomodate both pools and the pipes underneath the pool are leaking, resulting in -Undermining. He also stated the filter room would not accomodate both pools. Ester Gilmore reported she had called several cities with year-round pools and proposed that a year-round pool be constructed. She stated the pool would have to charge fees capable of making the operation efficient. Nate Knight commented that the Swim Pool Committee's prime consideration was in getting a new pool built and that consideration of enclosing the pool could come later. He also expressed concern that the filter house and bathhouse would not accomodate both pools. There was more discussion including whether the demanc: for both pools 1.1d be sufficient to keep both pools. Council- man Tomsic moved to put the plans on the pool out to bid in entirety. Councilman Neal seconded the motion, which was defeated, Councilman Neal and Tomsic voting in the affirmative and Councilman Hefner being opposed. Councilman Brewer had left the meeting as he was due back at work. The motion was defeated due to lack of votes The Council held a discussion regarding the option agreement as proposed by Arches Golf Club Associates (formerly Canyonlands Assoc iates) on city -owned property near the existing golf course. Pro Steve Kennedy appeared to answer questions from Council. He stated he was strongly in favor of the development bu-b expressed concern that the golf course would only have six holes while the new course was under construction. He questioned whether there was enough land available for the expansion of the present course to 18 holes, after housing and the new course were developed. City Attorney PURPOSE OF MEETING: DISCUSS OPTION AGREFMEN AND SWIM POOL SWIM POOL PLANS - DISCUSSED DISCUSSION REGARDING OPTION AGREEMENT FOR PROPOSED DEVELOPMENT 410 DISCUSSION CONTINUES Mortensen also questioned the direct benefits to the City for the land, stating the direct benefits to the City need to be determined. Questions were raised regarding return of the land to the City if the developer withdraws. Mr. Kennedy also questioned who would receive the profits, should the existing golf course begin making a profit, as Administrator Hollo- waty pointed out, the course should be self- supporting by next year. Mayor Stocks read a letter from Councilman White expressing his concerns regarding the Option Agreement and Administrator Hollowaty read a list of items that needed attention regarding the agreement. As the time was getting late, Mayor Stocks suggested other special workshop meetings could be held in order to discuss the issue. ADJOURNMENT Councilman Tomsic moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned at 2.03 p.m. APPROVED: omas A. Stoc s Mayor 5, ync o/ /0/743 ATTEST: Mar Hollowaty City Administrator/Recorder CITY COUNCIL SPECIAL MEETING September 6, 1983 SPECIAL MEETING AND A special meeting of the Moab City Council, ATTENDANCE Moab Community Development Agency and the Grand County Commission was held on the above date in the Council Chambers of the Grand County Courthouse before the regularly scheduled City Council meeting. Attending were Mayor Stocks, Attorney Mortensen, City Councilmen Hefner, Neal, White and Brewer; Chairman McDougald and Agency members Gaither, Miller, Nightingale, and Klepzig; Attorney Coffman and Secretary Stanton; County Commissioners Hance, Walker and Ing; Secretary Rees and members of the media Davis and Higley. Mayor Stocks called the meeting to order at 7:05 p.m. OPTION AGREEMENT Chairman McDougald stated the latest draft of the Option Agreement with Arches Golf Club Associates included the changes requested by the City. Attorney Coffman then went through the agreement explaining the changes to the group. He stated three agreements need to be drawn: 1) the management agreement of the golf course for 5-8 years with Arches Golf Club Associates, 2) the participation regarding the sewer plant between the City and Spanish Valley Water and Sewer Improvement District, and 3) an agreement between the City and the County regarding maintenance of the golf course after Arches Golf Club Associates 5-8 year management agreement expires. There was a great deal of discussion and comments from those present. -e/ // Mayor Stocks requested another informal workshop FURTHER WORKSHOPS SET session to discuss the Option Agreement fur- ther. The meeting was set for 5:00 p.m. on Monday in the Conference Room of City Hall. Attorney Coffman also requested a date be set for a public hearing regarding the Option Agree- ment. It was agreed to hold the public hearing on September 15, 1983 at 8:00 P.M. The meeting was adjourned by unanimous consent ADJOURNMENT at 8:30 P.M. APPROVED: fihomas A. Stocg Mayor i fAm, /y/, A? ATTEST: MaMollowaaty4U��� City Administrator/Recorder CITY COUNCIL September 6, 1983 A regular meeting of the Moab City Council REGULAR MEETING AND was held in the Council Chambers of the Grand ATTENDANCE County Courthouse on the above date. The meeting began late due to the earlier meeting of the Council and the Moab Community Development Agency. Attending were Councilmen Hefner, White, Neal, and Brewer. Councilman Tomsic was out -of - TOWN. Also attending were Mayor Stocks, Attorney Mortensen, Engineer Keogh, Chief Ison, Utilities Superintendent Leech, Secretary Rees, the media and 12 citizens. Administrator Hollowaty was also out-of-town. Mayor Stocks called the meeti ing to order at 8:30 p.m.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. As there was no additions or corrections to APPROVAL OF THE MINUTES the minutes of August 16, 1983, Councilman White moved the minutes of August 16, 1983 be approved as presented. The motion was second - by Councilman Brewer and carried unanimously. Councilman Brewer moved the minutes of August 29, 1983 be approved as presented. Councilman Neal seconded the motion, which carried unani- mously. Due to Administrator Hollowaty's absence, the ADMINISTRATOR'S REPORT Administrator's Report was given by Councilman BY COUNCILMAN HEFNER Hefner. He stated he had been contacted by Mrs. Al Dearth on MiVida Drive who requested the Council consider spot -spraying of tent caterpillars. Councilman Hefner reported that Item A under Old Business, Frank and Roxie FOSSEYS' TRAILER Fossey's request to keep their mobile home on a lot on Rosetree Lane would be striken from the agenda as the matter had been taken care of administratively. He stated that, as acting administrator, he had contacted the Fosseys' and the mobile home would be moved off the property by March 1, 1984. Citizen Doris Buchanan stated she wished to discuss the matter as it was listed as an agenda item and she was in attendance regarding the matter. .492 COUNCIL REPORTS ZONING WORKSHOPS DEADLINE FOR FILING STATEMENT OF CANDIDACY FOR COUNCILMAN CONDUCT OF COUNCILMAN WHITE BID AWARD: ANIMAL TRANSPORT BODY FOSSEYS' MOBILE HOME AUTHORIZATION TO PUT SWIM POOL OUT TO BID Engineer Keogh reported there is a problem with irrigation water running over the curb on Third South and Second East. He questioned whether the City wanted to cut out a piece of curb to alleviate the problem. Mayor Stocks directed Superintendent Leech to handle the matter. Councilman Neal questioned whether Spanish Valley residents are able to use the sewage treatment plant now. Superintendent Leech stated they are not using the plant until the expansion is complete. Mayor Stocks informed the Council of the upcom- ing workshop sessions presented by the Univer- sity of Utah fegarding zoning, planning and related topics. All councilmen are invited to attend the workshops, which will be held on six cdnsecutive Wednesday evenings beginning September 28, 1983. Mayor Stocks also mentioned the deadline for filing a statement of candidacy for the upcoming election is September 27, 1983. Forms can be obtained from the office of the City Administra- tor. Mayor Stocks commented on the conduct of one of the Councilmen at a recent meeting. He stated he had been informed of the member using an obscene hand gesture and felt 'the behavior was not indicative of the ethics of th� - incil. The Councilman, David White, stated he meant no offense and apologized. Councilman Hefner read a memo from Administrator Hollowaty regarding the bids received. Two bids were received for the animal transport body for the animal control vehicle. Swab Wagon Company bid $4,500 and Shoreline Manufacturing bid their unit in the amount of $,085. He fur- ther stated that Chief 'Ison, Administrator Hollowaty and Animal Control Officer Steele felt the unit from Shoreline was considerably less than the unit from Swab. Administrator Hollowaty recommended the unit from Swab in the amount of $4,500 although the budgeted amount was $4,000. The other $4,500 will have to be made up from savings on other purchases. Mayor Stocks requested the pleasure of the Council. Councilman Brewer moved to accept the bid and recommendation from Swab Wagon Company in the amount of $4,500. The motion was seconded by Councilman White and carried unanimously by roll -call vote. Chief Ison—gEiFeta the Swab unit was a better constructed chasis mount unit. Although this matter had been striken from the agenda, citizen Doris Buchanan questioned the length of time given to the Fosseys' to move the mobile home. Councilman Hefner stated the Fosseys' have experienced large medical problems this year. Mrs. Buchanan stated Mr. oossey was employed and felt certain he had qedical insurance at his employ. She further stated the seven months extension was too long. After some discussion, Mayor Stocks stated the decision had been made and went on with the order of the day. Councilman Hefner stated he voted against put- ting the pool out to bid at the last special meeting due to terminology. He then moved to put the pool out to bid with the present plans from Aqua -Tech as presented. The motion was seconded by Councilman Brewer and carried unani- CT: CT: F-+ C G+ 413 mously after some discussion regarding the e� m tion and bathhouse improvements. Mayor Stocks advised the Council that Agency REQUEST TO SET DATE members had recommended Thursday, September FOR PUBLIC HEARING: 15, 1983 as the date to hold the public hearing OPTION AGREEMENT regarding the Option Agreement. The Council discussed the matter and set 8:00 p.m. on Thurs- day, September 15, 1983 at Star Hall as the date for the hearing. Mayor Stocks requested a special workshop ses- SPECIAL MEETING DATE sion for the Council to discuss the Option SET Agreement. The meeting dare was set for Wednes- day, September 7, 1983 at 12:00 p.m. at the Greenwell Restaurant. A special meeting was also set for Monday, September 12, 1983 at the City Hall Conference Room at 5:00 p.m. to meet with members of the Moab Community Dev- elopment Agency regarding the Option Agreement. After some discussion regarding the resolution, RESOLUTION REGARDING .7 the issue was left tabled. VISA CARDS LEFT ON :) TABLE -� Mr. Terry Warner appeared before Council report- ing that the access to his property near the sewer plant is getting difficult. He requested the roadway be grated as the heavy equipment has cuaused ruts in the road. Chief Ison questioned council as to why there DISCUSSION REGARDING was no mention of hiring police officers during HIRING OF 2 POLICE the Administrator's repoort. He stated he would OFFICEP" like the issue clarified. Mayor Stocks responded that he had spoken with Chief Ison earlier in the day and had also issued a memorandum asking him not to hire the officers based on the fact that one did not have training and the other was not local. Chief Ison expressed frustration, stating his department had in- vested three months in the hiring procedure and had followed the hiring procedures to a "T" and extended the courtesy of advising Coun- cil only to have action squashed. Mayor stocks commented that he had not been informed of any hiring in any department before the fact. Chief Ison stated all information had been forwarded to Council last Thursday. Mayor Stocks disagreed. chief Ison stated he needed an answer for the applicants and to make arrangements for P.O.S.T. training. He further commented that Vacations in his department had been can- celled and his men were working overtime. Coun- cilman White asked if he could officially re- quest the matter be placed on the agenda for the next meeting. He questioned Mayor STocks actions in telling Chief Ison who to hire, adding that the Police Department morale was going to go downhill. Chief Ison commented that his department was a "political football". It was pointed out that the policy manual has discrepancies that need to be corrected. It was agreed that the matter will be placed on the agenda for the next meeting. Councilman White moved that the bills be approv- ed for payment in the amount of $47,077.21. The motion was seconded by Councilman Neal and carried unanimously. Councilman White moved the meeting be adjourned. The motion was seconded by Councilman Brewer and carried unanimously. The meeting was ad- journed at 9:45 p.m. APPROVAL OF THE BILLS ADJOURNMENT 414 SPECIAL MEETING AND ATTENDANCE APPROVED: Q omas A. stocks Mayor Mw, /043 ATTFCT: Mar lE Hollowaty City Administrator/Recorder CITY COUNCIL SPECIAL MEETING September 7, 1983 A Sp,cial Meeting of the Moab City Council was held on the above date at 12:00 p.m. at the Greenwell Restaurant. Attending were Coun- cilmen Brewer, Neal and White. Also attending were Mayor Stocks, Attorney Mortensen and Sec- retary Rees. The purpose of the meeting was a workshop to discuss the Option Agreement between the Moab Community Development Age -ILL), and the Arches Golf Club Associates. Mayor Stocks called the meeting to order shortly after 12:00 noon. DISCUSSION REGARDING Attorney Mortensen expressed his concern that OPTION AGREEMENT the City was not getting consideration, monetary or otherwise, equal to the appraised value of the land involved. There was also discussion regarding the bonds and assurances being posted when the land is transferred, rather than when construction begins. The group discussed sev- eral aspects of the Option Agreement, including the ..6-germ management of the municipal golf course, the possibility of Grand County buying out the City's property or the golf course, and future meetings with those involved. Attor- ney Mortensen suggested the proposed plans should be an addendum to the Agreement. Mayor Stocks asked that Attorney Mortensen meet with the Moab Community Development Agency Attorney, A. J. Coffman, to work out details prior to the public hearing scheduled for Thurs- day, September 15, 1983 at Star Hall at 8:00 p.m. ADJOURNMENT The meeting was adjc_:rned by unanimous consent at 1:15 p.m. ATTEST: Ma ai4 Mar Ho1Lo aty City Administrator APPROVED: omas A Stocks Mayors; -yam /y/743 415 CITY COUNCIL SPECIAL MEETING September 12, 1983 A special meeting of the Moab City Council was held on the above date in the Conference Room of City Hall at 5:00 p.m. with members of the Moab Community Development Agency. The meeting was held for the purpose of discussion of the Option Agreement with Arches Golf Club Associates. Attending were Mayor Stocks, Coun- cilmen Neal and White. Councilman Hefner arrived late. Also attending were members of the Moab Community Development Agency McDougald, Night- ingale, Klepzig, Miller and Secretary Stanton; Attorneys Coffman and Mortensen, Bill Davis of the Times Independent and Secretary Rees. Mayor Stocks called the meeting to order at approximately 5:13 p.m. Attorney Mortensen advised the group of a new development regarding the Option Agreement. JHe reported he had received a phone call from Ms. Susan Dalimore, Assistant Attorney General with the Anti -Trust Division who informed him her office had received several complaints from citizens regarding bid fixing in procuring bids for the development project. The matter was discussed by those present, who felt Ms. Dalimore may have been given some misinform- ation. Chirman McDougald informed the group that he, I.D. Nightingale, A. J. Coffman and Attorney Mortensen had met Sunday to go over the draft of the Option Agreement and make the recom- mended changes. He asked Attorney Coffman to explain the new draft. Attorney Coffman informed the group of the changes in the draft since the last meeting. He explained the reasons for all changes and showed the group a map of the development area that will be Exhibit A and Exhibit B is a letter outlining the area - wide benefits of the development written by Michael Chitwood, Executive Director of the Redevelopment Agency of Salt Lake City. Attorney Coffman informed the Council that a resolution will also be needed to complete the agreement. Areas of the Option Agreement were discussed at length. Attorney Mo,:__..sen pointed out areas of the agreement he is concerned about and recommended that City officials contact Ms. Dalimore before pursuing the Option Agreement. Attorney Morten- sen reiterated his conversation with Ms. Dali- more to inform the others and stressed that the municipal officials could be held liable and are not immune from legal action. Attorney Coffman stated he will be in Salt Lake City on Wednesday of this week and will meet with Ms. Dalimore to try to clarify the matter. Agency member I.D. Nightingale pointed out that there is an error on the Biber appraisal report in the amount of land involved excluding the golf course. The land involved was appraised by Mr. Biber at $750.00 per acre. Attorney Coffman advised the group of a rough agenda he had drawn up for the public hearing. Council and Agency members agreed that the agenda for the public hearing on September 15, 1983 would help control the meeting. SPECIAL MEETING AND ATTENDANCE OPTION AGREEMENT DISCUSSED Attorney General's Office receiving complaints AREAS OF CONCERN Error in Biber appraisal Public Hearing agenda discussed 416 ADJOURNMENT There was general discussion of several aspects of the agreement afterwhich the meeting was adjourned at 6:30 p.m. by unanimous consent. APPROVED: Thomas A. Stocks Mayor _vow" /079/03 ATTEST: Mar ld Hollowaty City Administrator/Recorder PUBLIC HEARING PUBLIC HEARING MOAB CITY COUNCIL REGARDING OPTION MOAB COMMUNITY DEVELOPMENT AGENCY AGREEMENT September 15, 1983 A public hearing was held on the above date for the purpose of hearing public comment and input regarding the Option Agreement between the Moab Community Development Agency and Arches Golf Club Associates. The meeting_ was held in Star Hall at 8:00 p.m. Attending were Coun- cilmen White, Brewer, Neal and Tomsic. Council- man Hefner was out-of-town on business. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Attorney Coffman, Agency members McDougald, Klepzig, Allen, Hance, Miller, Giather, and Higgins. Also present were guests Keith Lignell, Miles Lignell, Attor- ney Brent Rose of the lawfirm Clyde, Pratt and Assoicates and Mike Chitwood of the Redev- elopment Agency of Salt Lake City. There were approximately 150 citizens in attendance. Mayor Stocks called the meeting to order at 8:15 p.m.; Councilman Brewer lead the Pledge of Allegiance and Councilman Neal offered the Invocation. Mayor Stocks then turned the floor to Agency Chairman McDougald. Mr. McDougald explained to the public how the project was started and the amount of work that has thus far gone into the agreement. He then turned ''^ Attorney Coffman for an explanation of the terms and conditions of the Option Agreement. Last minute changes Attorney Coffman explained that several last minute changes had been made to the Option Agreement designed to deal with concerns over possible -legal questions raised by the Attorney General's office and City Attorney Mortensen at an Executive Session held just prior to the public hearing. The draft provides that the selected developer, Mr. Keith Lignell dba Arches Golf Club Associates, should be granted an option for six months to study in detail the development scheme on the golf course pro- perty. At the end of six months, he would be bound to construct an 18 hole golf course open to the public at times when public use does not conflict with use by members of the golf club, a clubhouse (to serve_ both courses), pro shop, cafeteria and small convention facil- ity, all open to public use. Mr. Lignell will exercise the option provided sufficient funds under an arrangement to be made to satisfy the BLM, including title to 160 acres of City 417 owned land under a recreation patent. Also, prior to exercising the option, he would negot- iate other matters beneficial to the City with Grand County and Spanish -Valley -Water and -Sewer District. Attorney Coffman stated it was hoped Grand County would take over the maintenance of the existing golf course after the expiration of Lignell maintenance period of 8 years and that Spanish Valley would renegotiate its' contract with the City, as Spanish Valley will utilize most or all of the increased capacity at the Citys' sewage treatment plant, including the expanision. Attorney Coffman explained that Mr. Lignell Developers obligations must do one of three things when exercising the option: 1) post a bond guaranteeing to the City and County that he will complete this project as if pertains to the course, club and recreational facilities or 2) take title subject to reversion or 3) request a 12 months :7 extension afterwhich he must commence construc- 1.0 tion and post the bond. Following the signing J of the agreement, Arches Golf Club Associates will have 180 days in which to conduct studies of the project, afterwhich the company will have the option of going ahead with construc- tion of the golf course as stated above. The contract requires that the project be completed within 36 months, unless the company can prove that a longer period of time is necessary to insure economic soundness. Attorney - Coffman f-Y'`-- explained the agreement provides for certain benefits to the City of Moab that will be explained later in the meeting by Mike Chit - wood. K. E. McDougald introduced Mike Chitwood, de- Mike Chitwood appears development Director for Salt Lake City. He regarding benefits to reviewed a report he had previously prepared the City on the economic benefits to the City resulting from the project. The net value of the develop- ment to Moab would be approximately $300,000.00. Sales tax on materials would be about $1005000. He further stated around 65 jobs would be creat- ed and run for about ten years, resulting in a labor cost of $11-12 million, amounting to $30 million economic input to the whole county. He further added that, at the end of the build- ing phase in 13 years, annual taxes from the project would total $425,000 per year. He added that he recommended the project based on these figures. Mr. McDougald introduced the other guests, Brent Rose, Mike and Keith Lignell. Mr. Keith Lignell explained to the gathering his reasons for pursuing the project and presented a video tape promoting the area. After the video presentation, members of the Video presentation Agency and Council expressed their support for the development project. The meeting was then opened for public comment. Bob Greenburg questioned Mr. Chitwood's analysis, stating that most of the benefits did not accrue direct- ly to the City. He expressed support for the project and his concern that the documents were not available for the public. Mrs. Renee Greno also expressed her support for the devel- opment and questioned whether a clause should be included in the agreement providing that the land would be returned to the City if the project was not completed by Lignell. K.E. McDougald responded that the performance bond Brent Rose & Lignells introduced 418 Citizens appear Letters of support RESOLUTION 83-18 would adequately protect the City. Other cit- izens expressing support for the project were Joe Greno and Bob Norman. Moab District BLM manager Gene Nodine explained that the property under the BLM ,ntent could not legally be sold under the Recreation and Public Purposes Act, but could be sold under the Public Sale Act. He stated that the government would have to receive fair market value for the acreage as determined by an appraisal. Mayor Stocks also mentioned letters of support received from several citizens and organizations: Grand County Economic Development Council, Arches Shrine Club, Grand County Women's Republican Club, Moab Chamber of Commerce, Moab Family Chiropac- tic Clinic, Masonic Lodge No. 30 and Moab Coun- try Club. Mayor Stocks then asked Administrator Hollowaty to read Resolution 83-18 regarding the option agreement. Councilman Brewer moved the Council adopt Resolution 83-18 with the conditions as read. Councilman Tomsic seconded the motion, which carried by unanimous roll -call vote by the Councilmen in, attendance after comments. RESOLUTION 83-18 WHEREAS, on the 9th day of May,1983, pursuant to resolutions duly adopted by each of the Board of County Commissioners of Grand County and the Moab City Council, Grand County and Moab City have entered into an inter -local cooperation agreement creating the Moab Commun- ity Development Agency, hereinafter referred to as the "Agency"; and, WHEREAS, pursuant to the terms and provisions of said interlocal agreement, the Agency was charged with the initial project of utilizing and promoting the development of vacant lands of Moab City lying in the vicinity of the Munic- ipal Golf Course, hereinafter referred to as the "Property"; and, WHEREAS, Moab City had, by duly adopted Resolu- tion No. 83-14, stated Moab City's intent to convey the Property to the Agency subject to satisfaction of the conditions therein set forth, and the right to review and approve the consideration for the conveyance; and, WHEREAS,, the Agency has, by advertisement in numerous papers throughout the country, solicit- ed proposals from developers interested in developing the Property generally in conformance with the specifications for development of the initial project as set forth in the afore- said inter -local cooperation agreement; and, WHEREAS, Arches Golf Club Associates, herein- after referred to as "Arches", has submitted a proposal for the development of said initial project in accordance with the aforesaid solici- tation for proposals, and that the proposal submitted by Arches is in conformance with and responsive to said solicitation; and, WHEREAS, the Agency and the City of Moab have negotiated an Option Agreement for the sale of the Property to Arches; and, WHEREAS, the law requires that the Property must be conveyed for adequate consideration; and, 41-q WHEREAS, the City has carefully reviewed the terms and conditions of said Option Agreement and has duly considered the consideration to be received by the City for the conveyance of the Property; and, WHEREAS, the Agency and the governing body of Moab City have determined that the conveyance of the Property as aforesaid shall further the purposes for which the Agency was created, being the economic development of the greater Moab area in Grand County, and that'the execu- tion of the aforesaid Option Agreement is in the best interest of the City of Moab and the Agency; NOW, THEREFORE, BE IT HEREBY RESOLVED, that the consideration to be received by the City of Moab is hereby deemed to be good and adequate for the Property to be conveyed to Arches, and that the best interest of the City will be served by the conveyance of the Property CD to Arches; and, r4 W BE IT HEREBY FURTHER RESOLVED, that the Mayor and Jthe City 'Recorder of the City of Moab be W and hereby are ,authorized to execute the afore- said Option Agreement on behalf of the City of Moab, subject to the final review and ap- proval of the City Attorney, and that upon the final and complete execution thereof, a copy of said agreement be attached hereto and become a part hereof as though fully set forth herein; and, BE IT FURTHER RESOLVED, however, that this Resolution shall not be executed until the following conditions precedent have been satis- fied: 1. The City's receipt from the Bureau of Land Management of a letter confirming that the City's execution of the Option Agreement will not cause a reversion of the 160 acres under the BLM patent. 2. The City's receipt from the law firm of Clyde and Pratt of a written opinion that the consideration to be paid to the City under the terms of the Option Agreement is legally adequate and that alledged legal issue raised by the Utah State Attorney General's Office have been satisfied or otherwise addressed such that no laws have been violated. 3. Attachment to the Option Agreement of the map showing lands to be transferred, which map shall be signed by the parties and shall require the approval of the City Engineer. 4. Attachment of all other required exhibits, which_ exhibits shall also be signed by both parties. 5. Approval of the City Attorney of changes to be made in the Option Agreement, including changes to be made regarding paragraph v, 7 (b). PASSED upon motion duly made and seconded and voted upon as follows this 16th day of September 1983. AYE VOTES /s/ David White /s/ Keith Brewer /s/ Marjorie R. Tomsic /s/ Edward T. Neal /s/ Sheldon L. Hefner RESOLUTION 83-18 continued 420 RESOLUTION 83-18 ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES Dated on the 16th day of September, 1983. CITY OF MOAB /s/ Thomas A. Stocks Mayor ATTEST: /s/ Mark Hollowaty City Administrator/Recorder- Mayor Stocks and Chairman McDougald expressed their thanks to all those who participated in the hearing. Councilman White moved to ad- journ with Councilman Tomsic seconding the motion, which carried unanimously. The meeting was adjourned at 10:00 p.m. APPROVED omas Stoc s Mayor ry2-... f /WA/ ATTEST: L o ow� aty City Administrator/Recorder CITY COUNCIL REGULAR MEETING September 20, 1983 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Neal, White, Hefner, Brewer and tomsic. Also attending were Mayor Stocks, Administrtor Hollowaty, Engineer Keogh, Chief Ison, Superintendent Leech, Secretary Rees, the media and 11 citizens. Attorney Morten- sen was out-of-town. Mayor Stocks called the meeting to order at 8:00 p.m.; Councilman Hefner lead the Pledge of Allegiance and Councilman Neal offered the Invocation. Councilman White moved the minutes of the Spec- ial meeting of September 6, 1983 be approved as stated with Councilman Neal seconding the motion. The motion carried unanimously. Two spelling corrections were made to the minutes of the Regular Meeting of September 6, 1983 and Mayor Stocks asked that councilman David White be named instead of "the Councilman invol- ved" on page three. Councilman Hefner moved the minutes of September 6, 1983 be approved as corrected. Councilman Neal seconded the motion, which carried unanimously. Councilman Brewer moved the minutes of September 7, 1983 be ap- proved as presented. The motion was seconded by Councilman White and carried unanimously. Councilman Hefner moved the minutes of the Special Meeting of September 12, 1983 be ap- proved as presented. Councilman Neal seconded and the motion carried unanimously. 421 C7 CD U GL7 W Administrator Hollowaty reported Lloyd Thayn can crush chips at the price of $9.20 per yard with no shipping charges and asked if the bid- ding procedure could be foregone. The matter was discussed by CounciOembers, who expressed their desire that the Ridding procedures and policy be adhered to. Administrator Hollowaty mentioned that he had received a memo from Chief Ison indicating that the investigative procedures had been completed regarding the Elks Class II beer license as the Council has approved the license pending the investigation. Mr. Hollowaty recommended the Council hold special meetings for clarification and revision of the Personnel Policies and Procedures Manual. Councilman Tomsic explained that the previous administrator had made some changes in the manual and notified the Council. She stated she informed him the changes had to be made by ordinance. Administrator Hollowaty also informed the Council the policy manual needs to be updated so that the ordinance can be incorporated into the code book revision. He added that other ordinances also need updated and a public hearing will have to be held. Mayor Stocks suggested the workshop meetings be held before or, after the planning workshop meetings on the next six consecutive Wednesdays. Councilman Brewer suggested the Administrator Attorney, Chief and department heads if needed review the codes and make their suggestions prior to the Council workshops. Administrator Hollowaty stated he is working on the -licensing ordinance. In other matters, Administrator Hollowaty reported the plans and specifications for the swim pool are available on an overnight loan basis. Actual contractors wishing to bid on the pool building will be required to deposit $25.00 with the City, $15.00 of which is refund- able if the specs are returned to the City in good condition. He also reported that Al Anderson, Engineer, was down today to check on the progress at the sewage treatment plant and informed the Council that the construction was ahead of schedule and the probable comple- tion date will be early December, rather than late December. He also advised the Council hat Dave Maki of Engineer Keogh's office is doing an extremely competant job. As a final item, Administrator Hollowaty mentioned a comp- limentary ,letter on Officer Brian Ballard's courteous service from Maxine Lyman of Monti- cello. The preliminary audit report being performed by David Adkison of Claus and Adkison was also reported on. Mr. Adkison informed the Council be letter of several aspects of the audit. In his letter Mr. Adkison stated the computer system is running well and commended the effect- iveness of the utilization and internal control. He stressed the need for one employee to have the responsibility of the fixed asset inventory, - adding that more effort needs to be spent main- taining the inventory. He pointed out two items that needito be transferred to Capital Projects accounts. He ,reported that Resolution 83-08 setting the Administrator's salary should be placed in the book, as there is only an unsigned copy. There are some special assessments still due and urged that the City Attorney be asked to review and advise the Council as to what action should be pursued. He stated the receipts and disbursements are in good order. He advised the Council that the minute book seemed in good order, but urged the formal book be main - ADMINISTRATOR'S REPORT Gravel Chips to be bid Elks Beer License Meeting to be held - regarding Personnel Policies and Procedure Manual Ordinance and Code Book update Swim Pool Specification Sewage Treatment Plant Expansion progress report B. Ballard's letter of appreciation PRELIMINARY AUDIT REPORT 422 Auditor's Report continued Rockpile at end of Rosetree Lane Chamber requests use of City Park Hiring of 2 Police Officer I : Curry and Lindquist BID AWARD: POLICE DEPARTMENT VIDEO SYSTEM tained on a more current basis as there were typed copies of minutes that had not been signed by the Mayor or Administrator. He reported no discrepancies as a result of confirmation mailings. He also urged the Council to make an effort to get the administrative meetings as authorized by Resolution 83-02 going again and commented on the inconsistencies in the personnel manual. He urged the Council to com- plete an updating process on the manual. Admin- istrator Hollowaty pointed out that most of the auditors' comments were regarding procedures rather than monetary matters. Councilman Neal requested the status of the rock pile at the end of Rosetree Lane, as Mrs. Carey had questioned him about it. He was in- formed the matter will be turned over to the City Attorney. Councilman Tomsic questioned if Mr. Burke Taylor had removed his materials from the City shop yard. Utilities Superintendent Leech informed her Mr. Taylor had picked up one load and was working on getting the materials out of the yard. She also questioned the status of Central Utah Insurance reimbursing the City for the $20,000 paid to Lynn Christensen on a lawsuit that was settled out of court. Councilman White reported the Chamber of Com- merce had requested the use of the new City Park on October 1, 1983 for a fund-raising pot luck dinner. The Council discussed the matter and it will be handled administratively. He also stated he had received complaints of noise behind the Phillips 66 station on Fifth West and the highway. Administrator Hollowaty stated he had also received complaints and informed them they must file a nuisance com- plaint with Chief Ison. Administrator Hollowaty recommended Michael Curry and Kent Lindquist be hired as Police Officers I to fill the vacancies in the Police Department. He added that one is a recertifiable former officer and the other officer will re- quire full certification at P.O.S.T. Councilman Tomsic moved to homor Chief Ison's recommenda- tion and hire Michael Curry and Kent Lindquist as Police Officer I's at grade 14, step 1 fol- lowing, the policy and procedures manual. The motion was seconded by Councilman Brewer. Mayor Stocks commented that 'he felt, costs should ho addressed as revenues are down 24%. He furth- er commented that he had no objectiar` to either individual but questioned whether the City needs that many officers as Judge Bunnell says crime is down 24%. Councilman Tomsic stated the budget matters should be addressed before the positions are advertised as it is unfair to advertise and not act. There was further discussion and Councilman White called for the question. The motion carried by majority vote, Councilman Hefner being opposed. Administrator Hollowaty informed the Council that Councilman White had requested the matter be placed on the agenda again. Councilman WHite moved the purchase' of the Police Department Video_ system be authroized and purchpsed in the amount of $3,725.75. The motion was seconded by Councilman Neal. The Council discussed the purchase. Administrator Hollowaty stated the video system was not just for use as a training tool but =would - also -be used in investigative matters and'could beFused by other departments as well. The motion carried by majority roll- 42a call vote, Councilman Hefner voting against the motion. Administrator Hollowaty stated the matter was placed on the agenda so action could be taken rather than leave the matter tabled. Councilman White moved the matter of Resolution 83-16 be taken from the table with Councilman._'romsic seconding the motion which carried unanimously. Councilman Brewer then moved to adopt Resolution 83-16 relating to VISA cards: The motion was seconded by Councilman White and was defeated, Councilman White casting the only af}irmative vote. RESOLUTION REGARDING VISA CARDS DEFEATED Resolution 83-17 is a resolution declaring RESOLUTION 83-17 the City of Moab as a designated community development area. Administrator Hollowaty stated the resolution is necessary in order to be eligible for funding. Councilman Neal moved to adopt Resolution 83-17'after it was read. The motion was seconded by Councilman Tomsic Cri and carried unanimously by roll -call vote. O RESOLUTION 83-17 V A Resolution declaring the City of Moab DQ as a Designated Community Development Area. BE IT RESOLVED by the City Council of the City of Moab, Utah: The City of Moab is hereby declared and designated to be a community development area. PASSED IN OPEN COUNCIL this 20th day of September, 1983 by a majority vopf the Moab City Council. A? "s/ Thomas A. Stocks Mayor ATTEST: eu...WeitileiL.4,."0- /s/ Mark ollowaty City Administrator/Recorder Administrator Hollowaty stated Book Publishing AUTHORIZATION TO PRO - Company has completed the legal analysis of CEED WITH CODIFICATION the City Code and sent a contract for codific- ation of all ordinances including the _final editing and publication of ordinances, 25 copieS plus supplemental service., The basic cost is $3,700.00 for 200 pages. The charge_for more than 200 pagee. $$18.50; binders $12.75 each and maps, diagrams, etc. are $10.00 extra per page. He also stated the company will credit the, City for the legal analysis in the amount bf $1,050.00 and that the project will be com- pleted in three to six months. The Council discussed the codification and decided to hold workshop sessions on the Code after each of the planning seminars to be held on the next six Wednesdays. There were three requests for Home Use Occupa- PLANNING COMMISSION tions for final approval. Maxine Alexander, ACTIVITIES APPROVED 533 Huntridge and Beatrice Luckinbill, 57 South Alexander, Luckinbill Fourth East both requested home occupations and White to sell NatureAll vitamins. Councilman Brewer moved to approve the Home Use, Occupation re- quests. The motion was seconded by Councilman Hefner and carried unanimously. The third Conditional_ Home Use request was for David White, 571 Mountain View to sell small computer systems and software. Councilman Brewer moved to approve the Planning Commissions recommend- ation for the Home Use Occupation for Mr. White. 424 The motion was seconded by Councilman Tomsic and carried by`majority vote, Councilman White abstaining which counts as a no vote. APPROVAL OF THE DILLS Councilman White moved the bills be paid in the amount of $82,392.25 after explaining that $52,851.00 of that amount is a partial payment on the sewage treatment plant expansion and I, %363($27,000.00 was for Engineer Anderson's fees. The `motion was seconded by Councilman Tomsic and'carried_by unanimous roll -call vote.` KEOGH RECOMMENDS NO HOOKUPS FROM SPANISH VALLEY UNTIL MAINS INSPECTED ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES ADMINISTRATOR'S REPORT SVW & SID bill for water Engineer Keogh commented that he felt no hookups from Spanish Valley into the City's sewer system should be made until someone from the City has inspected the mains. Councilman Neal moved the meeting be adjourned. The motion was seconded by Councilman White and carried unanimously. The meeting was ad- journed at 9:33 p.m. APPROVED: Thomas A. Stocks . Mayor ATTEST: ate rk Hollowaty City Administrator/Recorder CITY COUNCIL REGULAR MEETING October 4, 1983 A regularly scheduled meeting of the'Moab City Council was held on the above date in the Coun- cil Chambers of the Grand County Courthouse. Attending were Councilmen Hefner, Neal, White, Brewer and Tomsic. Also attending, were Mayor Stocks, Administrator Hollowaty; Engineer'Keogh, Attorney Mortensen, Chief Ison, Superintendent Leech, Secretary Rees, the media and 8 citizens. Mayor Stocks called 'the meeting to order at 8:00 p.m.; Councilman Neal _lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. Councilman Neal moved the minutes of the Exec- utive Session of September, 15,_1983 be approved as presented. Councilman Tomsic seconded the motion, ,which carried unanimously. Councilman Brewer moved the minutes of the public hearing of September 15, 1983 be approved as corrected by Mayor Stocks. Councilman White seconded the motion, which carried unanimously. Council- man Brewer moved the minutes of the regular meeting of September20, 1983 be accepted as presented. Councilman Tomsic seconded the motion which carried unanimously. Administrator Hollowaty requested direction as to the bill 'received from Spanish Valley Water and Sewer Improvement District for pur- chase of water. He again informed the Council that to date, the City has only received 314 acre feet of the 800 acre feet due the City _under contract. He 'recommended that the bill not be paid.' He also informed the Council that 425 he has requested notification of all hookups COUNCIL REPORTS at least one week prior and the names of all CONTINUED industrial connections. C,ouncilmar Brewer requested that Attorney Mor- tensen gave an opinion on the payment to Spanish Valley during his report time. Attorney Morten- sen stated he would like to look at the agree- ment with Spanish Valley again before giving an opinion. Councilman Neal questioned the status of the blockage on Rosetree Lane and Hillside Drive, as it is causing water to flood onto the road. Administrator Hollowaty stated it was our re- sponsibility to drain, buL the rock pile has probably caused damage to the storm drain. Attorney Mortensen stated he would like im- mediate direction on matters of litigation and requested an Executive Session be held from this meeting. He asked that, as a matter p of course, an Executive Session be scheduled r4 on each agenda. Mayor Stocks responded that C.) an Executive Session could be scheduled on UZ Wednesday after the Planning and Zoning Seminar. Councilman Hefner mentioned Mr. Joe Eaton had notified him of a meeting regarding all phases of pest control. It is a six hour seminar and will be held on October 20, 1983. Further infor- mation will be published in the newspaper. White reported he had received com- plaints` regarding a helicopter landing in the area of Fifth West and the highway. Admin- istrator Hollowaty commented that he and Chief Ison were aware of the problem. Mayor Stocks stated he had directed a letter Christmas Party 1981 to Attorney Mortensen regarding the legality of making a payment from city funds. On December 15, 1981 Councilmen Brewer, White, Tomsic and Kelling approved payment of $525.00 to Paul Lloyd for Christmas party band; $52.00 to Rustic Inn for lodging band; and $1,490.00 to the Sundowner for Chirstmas party for employees. He stated he had asked the matter be checked into because funds were not budgeted and he felt those responsible should pay the funds back to the City. He further stated the prvious year (1980) Administrator Ralph McClure advised the Council that $600.00 was budgeted for the party and $2;C::::40 was spent for the party and charged to water/sewer funds. He commented that he still made the charge of the City Attor- ney to look into the matter. Mayor Stocks also Bid opening for road advised the Council that the bid opening for chips scheduled on road chips is scheduled for Friday, October 10/7/83 7, 1983 and would like a Special Meeting at 4:00 p.m. in the City Hall Conference Room for the purpose of accepting or rejecting a bid. Administrator Hollowaty also informed Council Pool bid opening that the State Health Department had notified scheduled on 10/l2/83 him that one items in the swimming pool spec- ifications are against their new regulations. He advised Council that an addendum to the specifications has been issued and the bid opening for the pool is scheduled for October 12, 1983 at 2:00 p.m. with bid award on October 18, 1983. 426 DISUCSSION REGARDING The Council met with Spanish Valley Water and RESOLUTION 83-18 Sewer Improvement District and went over an (Option Agreement) item within Resolution 83-18, which states the City will receive up -front $150,000.00 based on pre -payment of connection fees for the new development. Administrator Hollowaty explained the potential additional load of connections will imbalance the sharing in the upgrade of the sewage treatment plant. SVW & SID is responsible for paying $200,000 of the upgrade at the plant, the total amount being $350,000. The resolution calls for SVW & SID to pay the additional $150,000. Mayor Stocks commented that SVW & SID would like the City to commit the entire 900 connections to them, including the City's 300 buffer con- nections. Administrator Hollowaty recommended against signing the buffer connections over to SVW & SID as the City would have no planning room for expansion if needed. Phase II of the expansion will riot go into effect until 1989. Councilman Hefner pointed out that the impact to the City's plant is not immediate. Adminis- trator Hollowaty stated the plant is only cert- ified to go an additional 900 connections, while SVW & SID is asking for 600 plus the 300 buffer connections. Mayor Stocks stated the Council should address the situation with SVW & SID as the City is presently doing the labor, providing equipment and accounting for SVW & SID. Administrator Hollowaty stated he felt the City should consider the cost of 500 additional connections down the road, as it will cost the City a good deal more than the $150,000 SVW & SID will pay. FIRE CHIEF PROPOSES Administrator ,Hollowaty stated Fire Chief Troy ROAD TO SPANISH VALLEY Black,' Engineer Keogh' acid himself had looked FIRE STATION at the city -owned` operty where the road is planned. Chief Black' appeared before Council to explain the matter. He stated the area is growing rapidly and a good deal of the property has only one-way access. He further stated it is possible that the one road could be barri- caded and cut off access to housing. It was noted that the amulance has had similar problems in finding addresses in Spanish Valley. Chief Balck stated' he will be meeting with the Grand County Commission to ask for their support in getting the, right-of-way and access road. Chief Black commented that he would like the rest, of the land where Station Two is located as the station won't handle the additional load as the new development matures, adding that the land would be more valuable to the Fire_ Department'than to anyone else. Adminis- trator _Hollowaty _stated ,he felt the County Commission, Development Agency and Arches Golf Club 'Associates should be appraised of the situation prior to the developer making plans as. the City has already adopted the resolution transferring the land to the Agency. Chief Black also asked that the Building Inspector verify access to property before issuing any building permits. REQUEST -FOR -DIRECTION Admin srator —Hollowaty requested the Council IN HANDLING APPRAISAL give him' direction in handling the bills for BILLS FOR GOLF COURSE the tow appraisals for the property surrounding PROJECT the golf course. He stated he cannot keep a seperate negative" account, adding that, the matter was not budgeted. He asked where he should place the item in the budget until budget amendments are made. After some discussion, Council directed Administrator Hollowaty to charge the items of appraisals in the amount of $1,500 and $1,870 to Administration. Council- 427 man White moved to have the bills placed in the Administration account and identified as a line item, seperately identified as a negative account. The motion was seconded by Councilman Tomsic and carried unanimously. There was a great deal of discussion regarding the transfer of funds to the Grand County Com- mission. Members of Council expressed concern that the building plans are not engineer certif- ied, proper bidding procedures are not being adhered to and whether or not the Council could request invoices in the amount of $100,000 to leave a clear audit trail. Councilman White stated he felt the City shouldn't have to pay the entire $100,000 just because it was budgeted Councilman Hefner moved to honor the request of the Commissioners and transfer the $100,000 budgeted for the Senior Citizens Building. The motion was seconded by Councilman Brewer. After further discussion, Councilman " Hefner called for the question and the motion carried by majority roll -call vote, Councilmen White and Tomsic being opposed. Councilman White moved bills ' in the amount of 444,245.78, including the garbage payment in the amount of $18,000 be approved for'pay- ment. Mayor Stocks questioned the bill from the Utah Department of Transportation for strip- ping the streets. He stated he felt the City was to be charged for paint only and noted the h; " is for materials and labor. Mayor Stocks asked that the bill be withheld from payment until the matter is clarified. Council- man White amended his motion to exclude the UDOT bill, mgking,,the total ,bills for -approval in the amount of $40,920 64. The 'motion was seconded by Councilman Neal arid" carried unani- mously by roll -call vote.. As there was no further business to come before the Council, Councilman Neal moved the meeting be adjourned. Councilman Tomsic seconded the motion, which carried by maAority vote, Council- man White voting no, stating,he would rather hold the Executive Session this evening. The meeting was adjourned at 9':15_ p.m. APPROVED: Thomas A. Stocks, Mayor ATTEST: Mar'lc Hollowaty -City Administrator/Recorder REQUEST FROM COUNTY COMMISSION FOR $100,000 BUDGETED FOR SENIOR CITIZENS BUILDING APPROVAL OF THE BILLS ADJOURNMENT *t° 428 SPECIAL MEETING October 7, 1983 SPECIAL MEETING AND A specially called meeting of the Moab City ATTENDANCE Council was held on the above date at City Hall for the purpose of awarding the bid for road chips. -Attending were Councilmen Neal and Brewer, Mayor Stocks, Administrator Holl- owaty and Secretary Rees. Councilman Tomsic was called on the telephone conference call equipment. Mayor Stocks called the meeting to order at 4:35 p.m.; Councilman Neal gave the invocation. Councilman Hefner and White were out-of-town. BID AWARD - Road Chips Administrator Hollowaty read the two bids re- ADJO ,aNMENT ceived: Southern Paving bid 3,500 cubic yards of chips delivered at $15.00 per cubic yard and Moab Ready Mix Company bid 3,500 cubic yards of road chips in the amount of $9.20 per cubic yard. Councilman Brewer moved the Council accept the bid of $9.20 from Moab Ready Mix Company. Councilman Neal seconded the motion which carried unanimously by roll -call vote of the three Councilmen. As there was no further business to come before the Council, Councilman Neal moved the meeting be adjourned with Councilman Brewer seconding the motion. The meeting was adjourned by the unanimous consent at 4:38 p.m. APPROVED: omas A. Stocks Mayor ATTEST: ado),fowaty� City Administrator/Recorder SPECIAL MEETING October 13, 1983 SPECIAL MEETING AND A specially called meeting of the Moab City ATTENDANCE Council was held on the above date at the Cat- tleman's Club at 12:00 noon. Attending were Councilmen White, Hefner, Neal and Brewer. Councilmen Tomsic was absent. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Secretary Rees and Dee Tranter of TV News. Mayor ,Stocks called the meeting to order at 12:10 p.m.; Councilman Hefner_ Rave the Invocation. DISCUSSION REGARDING The purpose of the meeting_ was_todiscuss the SIGNING RESOLUTION 83-18signing of Resolution 83-18 pertaining to the PERTAINING TO GOLF development by Arches Golf Club Associates. COURSE DEVELOPMENT Attorney Mortensen stated that, of the five conditions that were to be met before the resol- ution could be signed, only the opinion letter from the lawfirm of Clyde and Pratt had been received. Mayor Stocks asked that the matter be placed on the agenda for the next regular 429 meeting on October 18, 1983. There was some discussion regarding the resolution and the option agreement. Councilman White moved the meeting be adjourned ADJOURNMENT with Councilman Neal seconding the motion. The meeting was adjourned at 12:31 p.m. by unanimous consent. ATTEST: CO O �--I ' Gz7 Ma Hollowaty W APPROVED: ''I � �-� �' - omas A. Stocks Mayor City Administrator/Recorder CITY COUNCIL October 18, 1983 A regularly scheduled meeting of the Moab City REGULAR MEETING AND Council was held on the above date in the Coun- ATTENDANCE cil Chambers of the Grand County Courthouse. Attending were Councilmen White, Neal, Hefner and Brewer. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Engineer Keogh, Chief Ison, Superintendent Leech, Engineer Anderson, Secretary Rees, the media and approximately 75 citizens. Mayor Stocks called the meeting to order in the Coun- cil Chamber at 8:02 p.m.; Councilman Hefner offered the Invocation and Councilman Neal lead the Pledge of Allegiance. Councilman Neal moved the meeting be moved to the Courtroom to accomodate the large crowd for the public hearing. The motion was seconded by Councilman Hefner and carried unanimously. The meeting was moved to the Courtroom of the Courthouse. Councilman Brewer made a correction on page APPROVAL OF THE two of the minutes of October 4, 1983 then MINUTES moved the minutes be approved as corrected. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal moved the minutes of the Executive Session of October 5, 1983 be approved as presented. Councilman Brewer seconded the motion, which carried unani- mously. Councilman Brewer moved the minutes of the Special Meeting of October 7, 1983 be approved as rpresented with Councilman Hefner seconding the motion, which carried unanimously. Mayor Stocks made a correction to the minutes of the Special Meeting of October 13, 1983. Councilman Neal moved the minutes be accepted as corrected. The motion was seconded by Council- man Hefner and carried unanimously. Administrator Hollowaty presented the Mayor ADMINISTRATOR'S REPORT with a two-year Pedestrian Safety Award from the American Automobile Association. Attorney Mortensen reported the decision render DECISION ON LAWSUIT ed by Judge Bunnell regarding the City's lawsuit WITH PETE BYRD (High Desert Builders) 430 with Pete Byrd. Judge Bunnell found that High Desert Builders were liable to the City for the sewer lift station in Palisade Subdivision in the amount of $6,725.00. Mayor Stocks reminded the Council of the Plan- ning and Zoning Seminars that are continuing on Wednesday evenings at 7:00 p.m. PUBLIC HEARING City Market President Theo Prinster explained Request for Industrialthat his company was asking the City to issue Revenue Bonds, City up to $2.5 million in industrial revenue bonds Market to construct aw new store with approximately 30,000 _square feet of floor space. He stated the present store has about 18,000 square feet. Mr. Prinster commented that the bonds would not obligate the City, but would lend the City's tax-free status to the firm to obtain a lower interest rate on the bonds. Several citizens attending expressed their view that the new store would not represent new industry, but would provide upgrading of an existing business. Protests were voiced that the new store, with expanding product line, could force several smaller firms out of business, resulting in the loss of jobs. Mr. Prinster commented that he expected the new store would provide some additional jobs and would give a Boostto the local construction industry. He also stated there is tremendous leakage of shoppers from Moab to larger cities, adding that the new store would help reverse the trend. limy citizens spoke in favor of issuing the bonds to City Market and the public hearing continued for almost two hours. Administrator Hollowaty stated that the refusal of the proposal would contri- bute to a negative reputation of Moab concerning development. After Administrator Hollowaty read Resolution 83-19 providing for the issuance of City industrial revenue bonds, series 1983, Councilman white moved the Council adopt Resol- ution 83-19 approving the issuance of bonds for City Market in the amount of $2.5 million. The motion was seconded by Councilman Hefner and after comments by all attending Councilmen, the motion was defeated by ro117ca11 vote, Councilman White voting in favor of the resol- ution. A ten minute recess was called at 10:40 p.m. Mayor Stocks called the meeting back to order at 10:50 p.m. PROGRESS REPORT ON Engineer Al Anderson appeared before Council SEWAGE TREATMENT to give an update on the progress of the sewage PLANT EXPANSION treatment plant expansion. He stated the work is of excellent quality and everything looks good. As of October 8, 1983, 32% of the time allotted for the expansion had passed with 38% of the work completed. Engineer Anderson also commented that Dave Maki of Engineer Keoghs office is doing an excellent job. He advised the Council that the bid documents for painting inside of Reservoirs No. 2 and 3 have been prepared by his company and the bids will be opened on November 15, 1983. Regarding the letter received from David Bretzke of Spanish Valley Water and Sewer Improvement District, Mr. Anderson stated that in his opinion, SVW & SID can't supply the amount of water contract- ed for. Only 314 acre feet of water was received from the District and the City is,paying for 800 acre feet. He stated the City was paying approximately three times what the power rate would be of our own wells. Mr. Anderson further stated that two years or so into the contract a review session can be held. Administrator 431 Hollowaty gave Engineer Anderson to copy of the Bretzke letter for his review to report back to the Council. Councilman White moved the Council proceed with Item B under New Business, then move to Item D and A as citizens had been waiting quite some time. The motion was seconded by Councilman Neal and carried unanimously. Mr. Mark Johnson and Mr. Loren Johnson appeared REQUEST TO MOVE before Council to request authorization to BUILDING - Mark move a building from 242 North Main Street and Loren Johnson to 435 First North. The matter was discussed by Council regarding applicable permits and licenses. Councilman White moved to authorize the application of Mark and Loren Johnson to move a residential house from 242 North Main to 435 East First North as approved by the Building Inspector. The motion was seconded C7 by Councilman Neal and carried unanimously. . ,-I Councilman White moved that the Planning Commis- APPROVAL OF PLANNING W sion activity authorizing and approving Condi- COMMISSION ACTIVITIES GO (to Home Use Occupations for Christi Robbins Christi Robbins (to provide a service to run tape music or Mary Hofhine human interest items for the public a group gatherings for educational or amusement pur- poses) and Mary Hofhine (to operate a day-care center) be approved. The motion was seconded by Councilman Brewer and carried unanimously. David Adkison appeared before Council to give REPORT ON CITY AUDIT a final report on the City Audit for fiscal year 82/83. He presented his report in writing but mentioned a couple of items. He stated the Council needed to pass an ordinance setting u" the Senior Citizens Capital Projects Funds. He commented that the City has been on its own computer system since January 1983. He also gave page numbers of pertinent information as the hour was getting late. One final point Mr. Adkison discussed with the Council was that on June 30, 1983, 98% of the available cash to the City was invested in interest bear- ing accounts. Administrator Hollowaty stated that two bids BID AWARD - SWIM POOL had been received for the rennovation of the RENNOVATION pool. The bids were opened on October 12, 1983. Bids were received from Rocky Mountain Pools in the amount of $239,218.00 and Conley Company (Aqua -Tech) in the amount of $275,796. He recommended that the Rocky Mountain Pools beid be accepted as it includes the demolition of the old pool, a daily pool cover, year round winterizing cover, racing platform for competet- ive swimming, decking furniture (24 chaise lounges and 12 chairs) and a request to change the type of diving board to upgrade the quality which would be an additional $1,250 making the total bid $240,468.00. Councilman Neal moved to accept Rocky Mountain Pools bid in the amount of $239,218.00. The motion was sec- onded by Councilman White and carried unani- mously by roll -call vote. Administrator Hollo- waty pointed out that sub -contractors had been chosen for different aspects of the rennovation: the fencing will be done by John R. Fogg; the concete work by Moab Ready Mix; the demolition by JBCO Construction; and the electric work by A. and E. Electric. 432 DECISION REGARDING PAUL COX WATER AND SEWER CONNECTIONS REQUEST TO PROCEED WITH BATHHOUSE RENNOVATION Administrator Hollowaty informed Council that Mr. Cox had been authorized to hook onto City water and sewer at double the hook-up fees previously and was ri-cit asking that the City give him a standard rate on his water and sewer if he will install the water lines under the pavement himself with a special machine that will bore under the pavement. It was the opinion of the Council not to approve this request. Administrator Hollowaty informed the Council that $392,000 was budgeted in the swimming pool fund and $240,000 will be spent for the pool. He asked that the bathhouse rennovation be done with the remaining $150,000. He also asked that Building Inspector Kelley and himself be authorized to proceed with preparing the specifications and a representative theme to be painted on the bathhouse exterior. There was some discussion regarding the rennovation. Mayor Stocks asked that the items to be rennov- ated be brought back to the next meeting and let the Council decide what to do. CITIZENS MAY APPEAR Citizen Rocky Newell, questioned the possibil- BEFORE COUNCIL ity of a cover over the pool. Administrator Hollowaty stated there was not enough money to purchase the cover and not operating funds to keep the pool open all year. APPROVAL OF THE BILLSCouncilman White moved the bills be paid in the amount of $230,380.16 excluding the Brock - bank appraisal bill and including the UDOT bill withheld last meeting, not to exceed $3,400.00. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Councilman Neal moved the meeting be adjourned with Councilman White seconding the motion, which carried unanimously. The meeting was adjourned at 12:15 p.m. ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVED: ho50E: a ck /.3-"f Mayor ATTEST: MarkHollows" ty " -4-4-4 City Administrator/Recorder CITY COUNCIL November 1, 1983 A regularly scheduled meeting of the Moab City Council was held on the above date in the Coun- cil Chambers of the Grand County Courthouse. Attending were Councilmen Hefner, White and Brewer. Also attending were Mayor Stocks, Adm- inistrator Hollowaty, Attorney Mortensen, Engin- eer Keogh, Chief Ison, Superintendent Leech, Secretary Rees, members of the media and 39 citizens. The meeting was also telecast live on local Channel 6. Mayor Stocks called the meeting to order at 8:02 p.m.; Councilman White lead the Pledge of Allegiance and Mayor Stocks 433 offered the Invocation. Administrator Hollowaty reported the Police ADMINISTRATOR'S REPORT Department had received a letter from I.D. Nightingale, President of First Western Nation- al Bank thanking the department for discovering the back door to the bank was left unlocked and the professional manner in which the staff handled the situation. Administrator Hollowaty also reported that the swim pool demolition is underway and asked the media's help in keep- ing children away from the site. The last item Administrator Hollowaty reported was that the sewage treatment plant expansion is proceeding very well. Engineer Keogh questioned who to bill for his survey of the golf course property as called for in Resolution 83-18. There was some discus- 0) sion regarding the bill, as there is alsq a O bill from the lawfirm of Clude and Pratt for 1--1 an opinion requested by the City Council. Coun- CU cilman Brewer suggested the matter be checked W W in the minutes. Mayor Stocks reported he had attended a meeting of the Govenor's Advisory Council on Community Affairs in Salt Lake City on October 26, 1983. He also reported he had received a letter from the attorney proceeding with the followup on the civil suit with Lynn Christensen. Mayor Stocks stated the letter received by him from Suzanne Dalimore of the Attorney General's Office had been answered by Attorney Mortensen and Brent Rose of Clyde and Pratt. Mr. Zeke Francis appeared before the Council REVIEW OF PARKING with questions regarding the change to parallel ON FIRST NORTH parking. He asked when the public meeting was held to change the parking, if the parking change was done without the Council's approval, and what problems lead to the change. It was explained that no public hearing was held but that the matter had been brought up at Council at least three times wherein the parking sit- uation and street stripping were discussed. Mayor Stocks stated the State Traffic Control Engineer had suggested the change. Chief Ison stated accidents in the City since the new stripping is down 40%. Dr. Dail Magee also appeared before Council, stating the main pro- blem he had with the new parallel parking was the irrigation conduit running down First North. He added that the property his office is located on is currently listed for sale and felt the shortage of parking would be detrimental to selling the property. Citizens Dick Thurston and Ray Tibbetts stated their feelings regarding the parking situation.MR. Tibbetts stated he felt a survey should have been conducted of the merchants to get their feeling before chang- ing the parking. Councilman Brewer stated he felt the Council's first obligation was to safety and added that the parallel parking is safer in that area. After further discussion Mayor Stocks recommended the matter be tabled until Mr. Francis can meet with Administrator Hollowaty to discuss the problem. COUNCIL REPORTS 434 DISCUSSION OF ORDIN- ANCE CODIFICATION RESOLUTION 83-18 not signed ACCEPTANCE OF 82/83 AUDIT ELECTION JUDGE PAY- MENT AMOUNT SET AT $2.50 GRAND COUNTY ECONOMIC DEVELOPMENT COMMITTEE PRESENTS LETTER REGARDING ADMINISTRA- TOR HOLLOWATY APPROVAL OF THE BILLS Administrator Hollowaty stated the City received the ordinance analysis from Book Publishing Company recommending numerous ordinance modific- ations and changes. Attorney Mortensen and Administrator Hollowaty are scheduled for a conference call with officials of Book Publish- ing Company on November 9, 1983 a_ 2:00 p.m. regarding the condification and restructuring. The bid for codification from Book Publishing is $3,700. $10,000 has been budgeted for codif- ication. Administrator Hollowaty stated that Attorney Mortensen would have to spend a con- siderable amount of time if he drafts new ord- inances. Councilman Brewer asked why Attorney Mortensen would have to do the rewriting, adding that it is up to the Council to decide and set ordinances. Councilmen White and Brewer stated they preferred workshop sessions to go over and rewrite ordinances. After further discussion, it was decided that workshop ses- sions for codification would be held beginning at 7:00 p.m. preceeding the nest Council meeting on November 15, 1983. Attorney Mortensen stated he did not feel the Council was ready to sign the resolution as the letter from the BLM required in the resolu- tion has not been received and the survey of the golf course property by Engineer Keogh has not been completed. Attorney Mortensen is to meet with the BLM and their solicitor on Wednesday, November 2, 1983. Mayor Stocks stated the Council is not in a position to sign the resolution. As the audit was not accepted by motion at the last meeting wherein it was presented, Councilman Hefner moved to accept the audit for fiscal year 82/83 and direct the Administra- tor to send a copy to the State Auditors Office and the Office of Revenue Sharing. The motion was seconded by Councilman White and carried unanimously. Administrator Hollowaty advised the Council that election judges were paid $2.00 per hour at the last City election and $2.50 at the last county election. After some discussion, Councilman Brewer moved to set the amount of payment for election judges at $3.00 per hour. The motion was seconded by Councilman White and carried unanimously by roll -call vote. Mayor Stocks advised Council he had a letter from the Grand County Economic Development committee and asked if anyone from that group wished to speak or if the letter should just be accepted for consideration regarding the Administrator's position. Members of the Commit- tee Mitch Kelling and Ray Tibbetts agreed the letter could be accepted and not read aloud. Citizen Paul Pratt requested that the letter from the Economic Development Committee be read. Mayor Stocks responded that the Council was through with that matter of business. Councilman White questioned the disposition of the bill in the amount of $14,000 for the quarterly payment to the Grand County Water Conservancy District. It was agreed that Engin- eer Anderfson would look into the matter, as the City has not received the amount of water contracted. Councilman Brewer asked that Mr. Bretzke's letter be looked into item by item. Councilman Brewer moved the bills be paid in the amount of $44,362.95. The motion was second- 435 M 1-4 U ELL W ed by Councilman Hefner and carried unanimously by roll -call vote. Councilman White moved the meeting be adjourned ADJOURNMENT with Councilman Brewer seconding the motion, which carried unanimously. The meeting was adjourned at 9:18 p.m. APPROVED: 4 / 3-d` homas A. Stocks Mayor ATTEST: Mar Tc Ho lowatyGl411-L City Administrator/Recorder SPECIAL MEETING November 4, 1983 A special meeting of the Moab City Council was SPECIAL MEETING AND held on the above date at the Golden Stake ATTENDANCE Restaurant at 12:00 p.m. Attending were Council- men white, Brewer, Neal and Tomsic. Councilman Hefner was out-of-town. Also attending were Mayor Stocks, Administrator Hollowaty, Attorney Mortensen, Egnineer Keogh, Secretary Rees, Secretary Stanton, Chairman of the Agency K.E. McDougald, members Klepzig, Higgins and Gaither and Bill Davis representing the media. Mayor Stocks called the meeting to order at PURPOSE OF MEETING 12:25 p.m. and explained the purpose of the TO SIGN RESOLUTION meeting was to sign Resolution 83-18 and the 83-18 option agreement as previously passed by unani- mous vote of the City Council on September 16, 1983. Councilman Neal gave the Invocation. Attorney Mortensen explained that the survey by Engineer Keogh was completed and a new more accurate map will be attached to the Option Agreement as Exhibit A. He added that the letter from BLM had also been received and his memoran- dum stating that he had found the revised Option Agreement to be in acceptable form and asked Attorny Mortensen to discuss the 10/12/83 letter from Suzanne Dalimore of the Attorney General's office. Councilman Tomsic moved to authorize the Mayo and the City Council to sign Resolu- tion 83-18 and the Option Agreement. The motion was seconded by Councilman Brewer and carried unanimously by roll -call vote. There was some discussion among the Council and Agency members regarding a second letter received from Brent rose of the lawfirm Clyde, Pratt, Gibson and Calhoon. Attorney Mortensen asked that the letter be attached to the Option Agreement. As there was no further business, Mayor Stocks ADJOURNMENT entertained a motion from Councilman White to adjourn. The motion was seconded by Council-= man Neal and carried unanimously. The meeting 436 was adjourned at 12:45 p.m. APPROVED: 47 omas A. cks Mayor-�� ATTEST: i 2 CND Mr Hollowaty City Administrator/Recorder CITY COUNCIL November 15, 1983 REGULAR MEETING AND A regular meeting of the Moab City Council ATTENDANCE was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Hefner, Neal, Brewer, Tomsic and White. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Engin- eer Anderson, Attorney Mortensen, Chief Ison, Superintendent Leech, Secretary Rees, members of the media and 9 citizens. Mayor Stocks called the meeting to order at 8:07 p.m.; Councilman Hefner offered the Invocation and Councilman Neal lead the Pledge of Allegiance. APPROVAL OF THE Councilman White made a change on page 1, para- MINUTES graph 2 of the minutes of August 23, 1983. The work' year was changed to month. He also added "but no action was taken" on page two, para- graph 5. Councilman Neal moved the minutes be approved as corrected. Councilman Brewer made a correction on page 2, paragraph 3 of the minutes of October 18, 1983 adding the words "the City is". Councilman White moved the minutes of October 18, 1983 be approved as corrected. The motion was seconded by Coun- cilman Brewer and carried unanimously. Council- man White made one correction on page 3, para- graph 4 of the minutes of November 1, 1983, changing the word "disposal" to "disposition". Councilman Brewer moved the minutes of November 1, 1983 be approved as corrected. The motion was seconded by Councilman White 'and carried unanimously. Councilman White asked t at a statement regarding his asking Attorney Morten- sen to discuss the October 12, 1983 letter from Suzanne Dalimore of the Attorney General's office before the vote was taken. Councilman Tomsic moved to approve the minutes of the special meeting of November 4, 1983 as corrected and the motion was seconded by Councilman White and carried unanimously. ADMINISTRATOR'S REPORT Administrator Hollowaty questioned the Council as to ordering new stationery. He asked if they would like a new logo using Delicate Arch as that is becoming the area symbol. Councilmem- bers stated their preference to wait until 437 the new council takes office. Administrator Hollowaty asked Engineer Keogh to give an update on the status of Williams Way. Engineer Keogh stated the road was about ready to go to bid. He had prepared a map of the roadway to show Council. There was discussion regarding the fill. Engineer Keogh questioned the Council about seperating items of the completion of Williams Way. Mayor Stocks stated he felt the armour coating and moving of the irrigation pipline should be bid seperate. December 6, 1983 was set as the bid opening date for the completion of the road. Administrator Hollowaty also reported that he and Inspector Kelley are in the process of drawing up the specific- ations for the remodeling of the bathhouse at the pool. He indicated the specs will be brought to Council at the next meeting. Mr. Hollowaty also questioned the Council regarding 0, chartering a flight to Provo for a seminar O by the Utah State Health Department of the +—� 1985 standards for sewage treatment. he explain- ed that it would be cheaper to charter the W04 flight, which would enable employees to return to Moab that evening. He asked that himself, Superintendent Leech, Larry Johnson and Emil Schockenmyer be allowed to attend. Councilman Brewer stated that if the City was chartering a flight, as many, as could be spared should go. Administrator Hollowaty them asked Engineer Anderson to give an updated report on the water systems. Mr. Anderson stated he had met with superintendent Leech, Shirely Lammert and Larry Johnson and set up a more comprehensive format for water source supply and usage reports. He mentioned that Springs 1 and 3 weren't meter- ed and recommended meters be installed in order to record usage. He' stated that some construc- tion needs to be done at Spring #1 to keep surface water from penetrating down into the spring and contaminating the flow. He added that Engineer Keogh is doing topigraphic mapping in order to make a recommendation on how to do the construction. He advised the Council that he, Superintendent Leech, Mark Hollowaty, and Larry Johnson had reviewed the usage from SVW & SID for the upcoming year. He stated that a major portion of the usage from SVW & SID should occur between May and October. He stated the City is getting so much spring water from the springs that it is unable to use water from SVW & SID from now through Feb- ruary, adding that in his opinion, there should be some credit to the City for pumping costs. He recommended an intensive review session regarding the City's water within the next couple weeks to look at the water program. Lastly, Engineer Anderson commented on the progress of the sewage treatment plant expan- sion. He stated the job is going very well and the project will be essentially completed by mid -December. Administrator Hollowaty reported that Jeanne Hunter, acting in behalf of the Community Aware- ness Support Alliance had written a letter requesting the temporary use of office space in City Hall. He mentioned that the office space the City has available is not furnished and has no phones. After some discussion as to who the group is, members of Council stated they had no objections to the group using the office space. Administrator Hollowaty stated the group was formed to try to control certain elements from affecting younger families and COUNCIL REPORTS CONTINUE 438 COUNCIL REP6ITS CONTINUED BID AWARD- Painting of reservoirs 2 & 3 BID AWARD - 180 ft. culvert and family members by providing alternate activ- ities. Engineer Keogh mentioned some street improvement that need to be made on Dogwood Avenue where the new BLM building is going in. He added that it would be approximately $3,500 to pave the street only, no curb and gutter. Councilman Brewer suggested the matter be placed on the next agenda for action. Councilman Brewer reported that the Annual Report of Audit recently completed by David Adkison should be reviewed by the newly- elected Councilmen in order for them to be aware. Attorney Mortensen remarked that a special workshop meeting of the Council was held earlier this evening for the purpose of codification of the City Code. He added that he still didn't have guidelines as to what the Council wants him to do. Councilman Hefner questioned Administrator Hollowaty whether he had met with Zeke Francis regarding the parallel parking. Administrator Hollowty responded that Mr. Francl,s had,,not. contacted him. He also mentioned that Chief Ison had prepared a report regarding accidents in the downtown area which was included in Council's packets. Councilman White commented that the name of Williams Way was changed from Arroyo Road over a year ago and asked that the street sign be changed as well. He also mentioned the County could possible use the old sign for their Arroyo Road. Mayor Stocks mentioned Utilities Superintendent Leech has handicapped signs waiting approval as to where to put them. Administrator Hollowaty stated an ordinance would have to be prepare and approved by Attorney Mortensen then a public hearing will have to be held. Mayor Stocks recognized Terry Warner, a newly elected Councilman. Administrator Hollowaty advised the Council that two bids had been received for the painting of water tanks no. 2 and 3. The engineers esti- mated cost was $51,200.00. Bids were received from Major Paint and Sandblasting of Salt Lake City in the amount of $53,974.00 and from Clark Painting Company of Salt Lake City in the amount of $59,900.00. After somd'e discussion, Council- man White moved the Council accept the bid from Major Paint and Sandblasting for painting Reservoirs No. 2 and 3. The motion was seconded by Councilman Tomsic and carried unanimously by roll -call vote. Administrator Hollowaty stated that there has been no reasonable main- tenance on the water tanks in the past and stated he would like to set up a program for touchup painting every two or three years. Administrator Hollowaty stated only one bid was received: W. R. White Company of Helper, Utah bid $1,466.40. Councilman Tomsic moved to award the culvert bid to W. R. White in the amount of $1,466.40 and the motion was seconded by Councilman Hefner and carried unani- mously by roll -call vote. 439 Administrator Hollowaty stated all necessary REQUEST FOR TRANSIENT paperwork was completed on this request. The MERCHANT LICENSE - company is out of West Valley City and Price, Lindsay's Quality Meats Utah and will be selling retail out of trucks. and Seafoods Councilman Brewer moved to accept the request for issuance of transient merchant license to Lindsay Quality Meats and Seafood. The motion was seconded by Councilman Neal and carried unanimously. After explanation from Mayor Stocks regarding APPROVAL FOR MAYOR TO approval for him to sign a letter to the Bureau SIGN LETTER TO BLM of Land Management requesting direct sale of REQUESTING DIRECT SALE 160 acres surrounding the golf course, Council- man Brewer moved to give approval for the Mayor to sign the letter to BLM. The motion was sec- onded by Councilman Hefner and carried unani- mously. Mr. David Minor and Mr. ValJean Westwood appear- MOAB IRRIGATION COMPANY ed before Council to make them aware of pending PROPOSED IMPROVEMENTS improvements the irrigation company is going (Dto be doing. Mr. Westwood informed the Council that they will be replacing a leaking culvert U on Walnut Lane and the irrigation ditch behind :z7 the Visitor's Center needs to be covered or GQ taken care df in some way to prvent further flooding. Mr. Westwood asked that the City help in any way possible. Councilman White pointed out that flood water is the responsi- bility of the City. There was some discussion regarding how to cover the ditch behind the Visitor's Center and what size culvert would be required. Mayor Stocks asked that Mr. Minor and Mr. Westwood meet with Utilities Super- intendent Leech, Engineer Keogh and Administra- tor Hollowaty to decide what should be done. Mayor stocks added that the City can help with equipment and manpower but has no monies budget- ed for improvements. Administrator Hollowaty read the election re- CANVASS OF ELECTION sults of each district as follows: Absent 1 2 3 4 5 Voter TOTAL K. Brewer 91 0 151 138 129 D. Byrd 99 7 98 74 118 C. Lovingood 14 0 18 16 18 W. May 51 1 82 58 74 W. McDougald 128 5 158 128 161 W. J. Murphy 163 7 180 124 185 K. Peterson 104 1 157 127 124 T. Warner 117 2 176 156 147 K. Kelling 1 C. Stewart 2 D. Thurston 2 K. Bailey 1 S. Taylor 1 S. Sommerville 1 1 2 1 1 1 510 398 67 266 580 660 513 599 1 2 2 1 1 1 Registered 546 33 861 571 666 2,677 Voting 269 8 350 283 335 1,245 Upon completion of the canvass of the ballots, Councilman White moved to direct Administrator Hollowaty to certify the results of the election to the State of Utah and Carr Printing Company and enter into the minute book the results as such. The motion was seconded by Councilman Neal and carried unanimously. Mrs. Vivian Bunge appeared before Council to CITIZENS MAY APPEAR present a letter regarding the administrator's Mrs. Vivian Bunge right to free speach in petition form with 87 citizens signatures. Mayor Stocks accepted the petition as presented. 440 APPROVAL OF THE BILLS s ADJOURNMENT After some discussion regarding an attorney bill presented by t}ig Moab Community Development Agency, Councilman White moved to table the legal bill until the next regular meeting at which time a recommendation can be made by Attorney Mortensen or Administrator Hollowaty. The motion was seconded by Councilman Neal and carried by majority vote, Councilman Hefner being opposed. Councilman White moved the bills, including Engineer Keogh's statement for surveying the area surrounding the golf course in the amount of 6,652.55, be paid in the total amount of $141,132.36 as presented. The motion was second- ed by Councilman Neal and after discussion, carried unanimously by roll -call vote. Councilman White moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned by unanimous consent at 10:21 p.m. ATTEST: /� 1 /DG owaty Administrator/Recorder Sr APPROVED: om Stocks 7--er Mayor CITY COUNCIL REGULAR MEETING December 6, 1983 REGULAR MEETING AND A regular meeting of the Moab City Council ATTENDNANCE was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen White, Tomsic, Hefner, Neal and Brewer. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attor- ney Mortensen, Chief Ison, Utilities Superin- tendent Leech, Councilmen -elect Warner and Murphy, members of Grand County Water Conserv- ancy District Sam Taylor, d. L. Taylor, Dan Holyoak, Dale Pierson and David Bretzke; Moab Community Development Agency members I. D. Nightingale and Attorney Coffman; Secretary Rees, the media and three citizens. Mayor Stocks called the meeting to order at, 8:02 p.m.; Coun- cilman Neal lead the Pledge 'of Allegiance and Councilman Hefner offered the Invocation. APPROVAL OF THE Councilman White corrected the spelling of MINUTES Mrs. Bunge on page 5, paragraph 2 of the minutes of November 15, 1983. Councilman Tomsic moved the minutes be accepted as corrected. Councilman Neal seconded the motion, which carried unani- mously. ADMINISTRATOR'S Administrator Hollowaty reported that construc- REPORT tion on the sewage treatment plant and the swim center is on schedule and going well. 44t Engineer Keogh reported that he and Superinten- COUNCIL REPORTS dent Leech have inspected the drainage ditch Keogh behind the Visitor's Center where the Moab Irrigation Company will be installing a 10 inch covered PVC pipe next to the open ditch to carry irrigation water to control flooding. He also questioned the Council if the City might be interested in cost -sharing with Grand County to purchase soil sample testing equipment at a cost of between $500 and $1,000. Engineer Keogh also reported that Darwin Shields cannot Williams Way pick his corn on the east half of the proposed roadway and construction cannot begin until he has done so. Other consideration requested by Mr. Shields for the gift of the land is that the City pay for the fill north and south of the road to the existing ground. Engineer Keogh advised Council that it will require between five and six thousand yards of fill. In addition, Mr. Shields has requested a water meter be changed and he be allowed to expand rv� the number of trailers in his trailer court. CD Almost 90% of the land necessary for the right- of-way is Mr. Shields land. Mayor Stocks com- C.) mented the bid opening for completion of Wil- DJ liams Way will be held December 15, 1983 and GQ suggested the Council be in attendance. Engineer Keogh also informed the Council that the new owners of Dr. Mayberry's property wants to put about 50 feet of fence up and have the cost of the fencing split with the City. Coun- cilman tomsic commented that these agreements were already made and should be honored. Mr. Keogh stated the City did not have a hard agree- ment with Dr. Mayberry. Attorney Mortensen commented that the potential cost should be looked at and if it is too much, the property could be condemned for the value of the land. Mayor Stocks stated the Council should be in attendance at the bid opening and hold a work- shop session so that final decisions could be made at the next Council meeting when the bid will be awarded. Administrator Hollowaty informed the Council REQUEST FOR RETAIL that no derrogatory information had been found BEER LICENSp - Roscoe's on the applicant, Ross Erickson dba Roscoe's Foodtown, Ross Erickson Foodtown. He recommended the application be approved. Councilman Tomsic moved the Council grant a Class III beer license to Roscoe's Foodtown under Ross Erickson. The motion was seconded by Councilman Brewer and carried unani- mously. Administrator Hollowaty stated the bid specifi- BATHHOUSE RE"NOVATION cations were ready for typing. Councilman Brewer questioned if a cost comparison had been done regarding redoing the present bathhouse and construction of a new bathhouse. Mayor Stocks stated the matter could be considered and looked into and brought back to Council. Mayor Stocks informed the Council he had made SELECTION OF CITY-APPOIN his selection of a new member and gave the TED MEMBER FOR MCDA name of Ray Tibbetts: Agency Attorney A. J. POSTPONED Coffman appeared before Council stating that no public solicitation for a new member has taken place and that he felt it would be better to forebear for a month. He requested the Coun- cil take no action on'the matter. Councilman Brewer moved to table the matter until further notice. The motion was seconded by Councilman White and carried unanimously. 442 REQUEST TO SEND COUNCILMEN -ELECT TO UTAH LEAGUE OF CITIES AND TOWNS ORIENTATION CHRISTMAS PARTY DISCUSSED REQUEST TO SEND 2 man TEAM TO FEDERAL EMERG- ENCY MANAGEMENT SEMIN GRAND COUNTY WATER CONSERVANCY DISTRICT BOARD MEMBERS APPEAR REGARDING WATER CONTRACT COUNCIL REPORTS CONTINUED Complaints regarding Christmas Decorations Mayor Stocks stated the orientation for the new Councilmembers will be this Friday and Saturday at the Marriot in Salt Lake City. Councilman Tomsic moved to send the new Council - members and Councilman Neal (as he has not attended) to the orientation in Salt Lake City. The motion was seconded by Councilman Brewer and carried unanimously by roll -call vote. Mayor Stocks again reiterated his stand on City Christmas parties. Administrator Hollowaty informed him that he had conducted a survey of the employees and it was unanimous by the employees that they did not desire a party. Administrator Hollowaty informed the Council the seminar will be held in Maryland wherein AR the only expenses to the City are $11.00 per day per person for meals and a registration fee of $25.00 per team. He suggested Chief Ison and himself be allowed to 'attend. There was some discussion and Mayor Stocks suggested the request be reviewed. Chairman Sam Taylor of the District appeared before Council urging the Council not to breach the agreement with the District to purchase water as several years of work had gone into the contract. There was discussion and comments from members of the Council and the District Board. Councilman Hefner moved the City honor the agreement and pay the full amount due to the District. The motion was seconded by Coun- cilman White and carried unanimously by roll - call vote. As per the new schedule for reports, the reports had not been completed at 8:15 p.m. and were continued after new business. Councilman Neal stated he had received complaints that the City's Main Street does not look good as far as Christmas decorations. Administrator Hollo- waty informed him the plug -ins for the lights are currently being installed. APPROVAL OF THE BILLS Councilman Hefner commented he felt it was important to look over matters like the water agreement routinely, adding it opens dialogue and makes the Council more aware of their res- ponsibilities. Councilman White mentioned he was glad to see the plug -ins for the Christmas lights finally getting put up. He also stated that the new Council should look seriously at altering the water rate schedule to encourage more water usage. Mayor Stocks informed the Council that an input meeting will be held tomorrow as to what needs to be discussed regarding the nuclear waste depository. He also informed Council that he will be attending a meeting at the govenor's mansion on December 16th as a member of the Governor's Council on Community Affairs. He stated he had received requests for funds to replace the lights at the ballpark which will reduce the lighting costs by 15% in the amount of $28,000 to $30,000 and a request for $20,000 to build a garage for the hospital ambulance. Councilan White moved the bills in the amount of $135,182.14 be approved for payment including $28,000 payable to Grand County Water Conservan- cy District previously approved. Councilman Neal seconded the motion, which carried unani- 443 mously by roll -call vote. Councilman Hefner moved the meeting be adjourned ADJOURNMENT with Councilman Brewer seconding the motion. The meeting was adjourned at 9:30 p.m. by unani- mous consent. APPROVED: omas A. Stoc Mayor ATTEST: yI�1,[..A ar Hollowaty Administrator/Recorder U D.) W Sr CITY COUNCIL SPECIAL MEETING December 12, 1983 s A special meeting of the Moab City Council was held on the above date in the Conference Room at City Hall at 7:30 p.m. with an Executive Session held before the meeting at 7:00 p.m. Attending were Councilmen White, Brewer, Hefner, Neal and Tomsic. (Councilman Tomsic was absent from the Executive Session). Also attending were Mayor Stocks, Administrator Hollowaty and Attorney Mortensen, who attended the Execu- tive Session only. Attending from the Moab Community Development Agency were Chairman I. D. Nightingale, members Klepzig, Gaither, Miller, Allen, Higgins and Agency Attorney Coffman; members of the media Davis and Higley and Secretary Rees and Secretary Stanton. Mayor Stocks called the meeting to order at 7:30 p.m.; Councilman Neal offered the Invocation. /3, SPECIAL MEETING AND ATTENDANCE Mayor Stocks announced that Gene Nodine of DIRECT SALE OF LAND the Bureau of Land Management had contacted him regarding the sale of the BEM property surrounding the golf course. the prc?erty will have to be sold directly to the City after proper advertising. Mayor Stocks further stated the sale will be delayed 60 days, due to public comment period and advertising. Mayor Stocks stated the purpose of the meeting was to review Legal, bills from the lawfirm of Clyde, Pratt, 'Gibbs and'Candon-, for services 'renadred in Septemb'er"and October of this year. Moab' CoMMurii'ty' Development Agency has presented this bill to the City as an expenditure of the City. Administrator Hollowaty recommended that only $738.75 of the total $3,603.05 be paid by the City. Attorney A. J. Coffman speak- ing for the Agency, stated Attorney Mortensen asked the City's approval of payment be subject to two matters, 1) the opinion letter as to the adequacy of the consideration received by the City and 2) that the sale of the property would not trigger the reversion of the land to the BLM. He added that the question of clear- ing title of the land is a seperate legal pro - LEGAL BILL FROM CLYDE AND PRATT REVIEWED 444 LEGAL BILL REVIEW CONTINUED BID AWARD - 1,000 ft. of 6" PVC pipe Executive Session to discuss settlement with insurance company regarding Christensen lawsuit ADJOURNMENT blem not included in the discussion of how much the City should pay. Attorney Coffman added that some of the legal expense incurred was due to the conflict involving the Attorney General's office matter, therefore the City's portion of the bill would be $2,593.05 using the newest bill from the lawfirm including November services. There was a great deal of discussion regarding the receipt of the Banner proposal for development, the legal bill and the investigation by the Attorney General's Office. After comments from members of the group, Councilman Hefner stated he felt the City made a committment to support the Agency's endeavors and moved the City pay the amount of $2,594.15 as the City's portion of the bill. The motion was seconded by Councilman Tomsic. After discussion, Councilman Hefner included in his motion that the check be paid to the Agency. Councilman Tomsic accepted the change and seconded the motion. Councilman White stated he saw no responsibility for the issue with the Attorney General's office and disagreed with the amount, adding he felt the City should not pay that much. After further discussion, the motion carried bZ majority roll -call vote, Councilman White being opposed. There were comments by members of the Council and Agency as to the distrust between the two units of government. Administrator Hollowaty reported that four bids were received for the plastic PVC pipe. Irrigation Supply of Moab bid $2,360.60; Water- works Equipment company of Salt Lake City bid $2,716.00; W. R. White company of Helper bid $2,373.60 with a 2% discount if paid by the tenth of the month following delivery lowering their bid to $3,326.13; and Mountain Specialties of Grand Junction bid $3,745.00. Administrator Hollowaty recommended to accept the bid from W. R. White Company. Councilman Tomsic moved to grant the award of the bid to W. R. White Company in the amount of $2,373.60 less P. or $2,326.13. The motion was seconded by Coun- cilman Neal and carried unanimously by roll -call vote. On another matter that was discussed in the Executive Session held before the meeting, Councilman White moved to authorize Attorney Mortensen to confer, negotiate and obtain a settlement with Compass Insurance Company in the Christensen matter. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal moved the meeting be adjourned with Councilman Tomsic seconding. The meeting was adjourned at 9:00 p.m. by unanimous consent. ATTEST: Marc Hollo sty Administrator/Recorder APPROVED: ,r,� � e7W., h mas A. Stocks Mayor Sr 445 CITY COUNCIL December 20, 1983 A regularly scheduled meeting of the Moab City Council was held on the above date in the Coun- cil Chambers of the Grand County Courthouse. Attending were Councilmen White, Tomsic, Brewer, Neal and Hefner. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attorney Mortensen, Secretary Rees, Utilities Superintendent Leech, Councilman -elect Warner, members of the media and four citizens. Mayor Stocks called the meeting to order at 8:01 p.m.; Councilman Neal lead the Pledge of Alleg- iance and Councilman Hefner offered the Invoca- tion. Mayor Stocks made corrections to three typo- graphical errors in the minutes of December 6, 1983. A motion was made by Councilman White and seconded by Councilman Tomsic to approve the minutes as corrected. The motion carried unanimously. Councilman White added the words "the Dalimore issue" on page two, paragraph one of the minutes of the special meeting of December 12, 1983. He then moved to accept the minutes as corrected. The motion was second- ed by Councilman Neal and carried unanimously. Administrator Hollowaty reported that the Bureau of Land Management is required by City Ordinance to pave the street facing their building (Dog- wood Avenue) to the center line the length of their property. Administrator Hollowaty recommended to the Council that a special im- provement district be set up to complete the street paving and curb and gutter. He added that the adjoining property owners could be assessed for the paving. He also reported that the sewage treatment plant expansion is complet- ed and running on the new clarifier. He informed the Council that the volume is so good that only one of the three pumps is needed. Only minor finishing work such as grating of the area remains to be completed. He reported the new boiler will be shipped tomorrow and install- ed in approximately two weeks. Regarding the renovation of the pool, Administrator Hollowaty reported he has a contractor, Al Berna, drawing up the specifications for the bathhouse renov- ation as it is necessary to have a set plan. Those specifications will be presented to Coun- cil the first meeting in January. Councilman Brewer thanked the people for allow- ing him to serve as Councilman for four years, adding that he has enjoyed the job and will miss it. He wished the new Council good luck. Councilman Hefner questioned Administrator Hollowaty regarding the bathhouse renovation. He asked if there was still consideration for constructing a new building. Administrator Hollowaty responded that at current construction costs, a new facility would be approximately $112,000 versus renovation costs of approximat- ly $50,000 or less. He added that he would recommend renovation over a new building. Coun- cilman Brewer commented that he would rather see the pool covered than a new bathhouse. REGULAR MEETING AND ATTENDANCE APPROVAL OF rHE MINUTES OF 12/20/83 and 12/22/82 ADMINISTRATOR'S REPORT Dogwood Avenue paving Sewage treatment plant expansion is complete New boiler to be shipped tomorrow Bathhouse specifications being drawn by Berna COUNCILMAN BREWER EXPRESSES THANKS COUNCIL REPORTS 446 THANKS TO OUTGOING COUNCILMEN Councilman Hefner acknowledged Keith, Marge and Dave and thanked them for their assistance and efforts in sharing with him during the last two years. Councilman Tomsic took the opportunity to return to the City the property, personnel manual, zoning manual and City Code that has been in her possession for eight years. She also congra- dulated the new Councilmen and wished them well in progressing with the City. Councilman White echoed Councilman Tomsic's sentiments. He stated he felt the Council had done an excellent job in the last four years and served their people well, adding that it had been quite an experience for him. Mayor Stocks commented that the efforts and sacrifices that went along with being govern- mental officals. He thanked the outgoing Council for their efforts and input. WILLIAMS WAY BID Administrator Hollowaty informed the Council AWARD TABLED DUE that three bids were received for the constrgc- TO SHIELDS REQUEST tion of Williams Way. Specifications for the project were prepared by Engineer Keogh with a seperate bid for 12,300 cubic yards of fill to bring the level to the existing grade. JBCO Construction bid $70,482.50 with $2.72 per LOW BID FROM cubic yard for the fill; Southern Paving Company McFARLAND AND bid $67,209.75 with $3.00 per cubic yard for HULLINGER the fill; and McFarland and Hullinger,submitted their bid in the amount of"$56,295.63 and $2:1Q, per cubic yard for the fill. Administrator Hollowaty and Engineer Keogh recommend accepting the bid from McFarland and Hullinger. Adminis- trator Hollowaty also mentioned some additional casts to the City: acquiring the deed from Mr. Davis (the Mayberry property owner), moving his shed and one-half of the fencing cost in OTHER COSTS FOR the amount of $225.00; fill to existing grade COMPLETION OF WILLIAMS in the amount of 425,830; armour coating Mrs. {JAY Virginia Johnston's approach to her property in the amount of $600.00; completion of existing old Arroyo Road (armour coating) in the amount of $3,500 plus additional pipe as needed. Admin- istrator Hollowaty commented that the completion of Williams Way will run well under the estimat- ed budgeted cost. Mr. Hollowaty mentioned that all necessary deedsexcept Mr. Shields are signed and in order. He mentioned that Mr. Shields wnated permission to place four additional mobile homes on his property. The Council dis- cussed the matter of Mr. Shields being able to place the mobile homes in the area and what potential problems would exist if the Board of Adjustments denied the request. After further discussion, Councilman Tomsic moved to table the bid award until the Administrator can check into the zoning in the area Mr. Shields wants to put the trailers on. The motion was seconded by Councilman Hefner and carried unanimously. APPROVAL OF PLANNING For final approval by the City Council there COMMISSION ACTIVITIES were two Conditional Use Occupations. Jim and J. Osteen and Kay Osteen, 528 Sundial, R-2 Zone, requested M. Mullen a Premises Occupation to rent medical equipment and Mary Mullen, 188 South Second East, R-3 Zone, requested a Home Occupation to silk- screen t-shirts in her home for business and groups. Councilman Tomsic moved the Council accept the recommendation of the Planning Com- mission on both items. The motion was seconded by Councilman Hefner and carried unanimously. 447 Administrator Hollowaty informed the Council that he had checked with other interested parties regarding the seminar and no one else had received notification of the seminar. Coun- cilman Hefner mentioned he had spoken with Cliff Aldridge, who stated he intended to attend the seminar in June. The Council discussed the seminar and who should attend after which Councilman Hefner moved to table the matter until more information and coordination with the County could be obtained. The motion was seconded by Councilman Tomsic and carried unani- mously. Mayor Stocks recognized Terry Warner, Councilman elect, as being in attendance. Councilman White explained that the progressive payment number four on the sewage treatment plant was included in the bills in the amount Cn of $117,900.00. He moved that bills in the p amount of $141,286.48 be approved for payment. Councilman Neal seconded the motion, which carried unanimously by roll -call vote. OQ Councilman Hefner moved to recess for five minutes to discuss the matter regarding Mr. Shields request to move four mobile homes in the area of Williams Way. The motion was second- ed by Councilman White and carried unanimously. The meeting was r`ecessed at 8:47 p.m.. Mayor Stocks , ca11.Ed_ the' ,meeting back to order at 8:53 p,m. Councilman Brewer moved to bring from the table the bid award for the completion of Williams Way. The motion was seconded by Councilman Hefner and carried unanimously. Attorney Morten- sen stated that Mr. Shields does not own the adjoining trailer park and the law says no trailer will be brought into the City unless it is placed in an approved mobile home park. He recommended talking with Mr. Shields or condemnation. Councilman Tomsic suggested a meeting be arranged with Mr. Shields as soon as possible. Councilman Tomsic moved to table the bid award until information could be rec- eived regarding the title to the property and the motion was seconded by Councilman Neal and carried unanimously. Councilman White mentioned that the City is DIRECTIONAL SIGNS lacking in directional signs to City Hall, LACKING IN CITY Museum, County Building, Library and the Police Station. He requested Administrator Hollowaty contact the Department of Transportation regard- ing putting signs on their right-of-way. Councilman Neal moved the meeting be adjourned. ADJOURNMENT The motion was seconded by Councilman Tomsic and adjourned at 9:00 p.m. by unanimous consent. ATTEST: APPROVED: 411101109Zvi omas A. Stocks, ayor FEDERAL EMERGENCY MANAGEMENT SEMINAR DISCUSSED AND TABLED APPROVAL OF THE BILLS FIVE MINUTE RECESS BID AWARD FOR COMPLETION OF WILLIAMS WAY TABLED owty, .m n of or 448 SPECIAL MEETING AND ATTENDANCE BID AWARD - COMPLETION OF WILLIAMS WAY ADJOURNMENT CITY COUNCIL SPECIAL MEETING December 22, 1983 A Special Meeting of the Moab City Council was held on the above date in the Conference Room of City Hall at 12:00 p.m.. Attending were Councilmen Neal, White and Brewer. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh and Secretary Rees. Mayor Stocks called the meeting to order at 12:10 p.m. Mayor Stocks explained the purpose of the meet- ing was to award the bid for the completion of Williams Way. He entertained a motion from Councilman Neal to accept the bid from McFarland and Hullinger in the amount of $56,295.63 with a total project cost of $86,690.00. The motion was seconded by Councilman White and carried unanimously by roll -call vote. Councilman White moved the meeting be adjourned with Councilman Brewer seconding the motion, which carried unanimously. The meeting was adjourned at 12:12 p.m.' APPROVED: A6e4r � homas A. Stocks Mayor ATTEST: ar ollowaty City Administrator/Recorder 449 M O rl U W W CITY COUNCIL January 3, 1984 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Hefner, Neal, McDougald, Murphy and Warner. Also attending were Mayor Stocks, Administrator Hollowaty, Engineer Keogh, Attor- ney Mortensen, Chief Ison, Utilities Superinten- dent Leech, Secretary Rees, the media and 10 citizens. Mayor Stocks called the meeting to order at 8:01 p.m.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. Councilman Neal moved the minutes of the regular meeting of December 20, 1983 be approved as presented with Councilman Hefner seconding the motion. The motion carried unanimously. Councilman Hefner moved the minutes of the special meeting of December 22, 1983 be approved as presented. The motion was seconded by Coun- cilman Neal and carried unanimously. Administrator Hollowaty stated he had no admin- istrator's report for this meeting. Councilman McDougald stated it was a pleasure to be on the Council 'again and expressed to the employees that it would be a pleasure to work with them again also. Councilman Warner also expressed his thanks to the people who voted for him, hoping he could fulfill their needs. Administrator Hollowaty stated this item was striken from the agenda as Engineer Al Anderson was waiting for further completion of the con- struction project before making his report. Administrator Hollowaty stated this item is also striken because specifications have not been received yet. Councilman Hefner questioned Administrator Hollowaty as to whether he had checked further regarding building a new bath- house versus renovating the old one. Adminis- trator Hollowaty responded that he had addressed the matter with several of the contractors around town and compared to industrial building costs at the rate of $35.20 per square foot, a new building would run approximately $112,000 for the same size building and renovation would run approximately $50,000 to $60,000. After further discussion, Mayor Stocks suggested the bathhouse be bid both for renovation and a new building and that the matter be placed on the agenda for the next meeting. Mayor Stocks stated there will be pre -council meetings held at 7:00 p.m. prior to each Council meeting with the department heads and suggested the workshop meetings for codification could be held at that time. Councilman McDougald moved the Council set a regular meeting on Council meeting nights at 7:00 p.m. for the purpose of ordinance codification. The motion was seconded by Councilman Hefner and car- ried unanimously. REGULAR MEETING AND ATTENDANCE' APPROVAL OF THE MINUTES COUNCIL REPORTS PROGRESS REPORT ON SEWAGE TREATMENT PLANT STRIKEN FROM AGENDA APPROVAL TO CO TO BID ON BATHHOUSE SPECS ALSO STRIKEN WORKSHOP MEETING FOR CODIFICATION AND DEPARTMENT REPORTS SET 450 APPROVAL FOR KEOGH Engineer Keogh mentioned the land not utilized TO PURCHASE SOIL for Williams Way will be returned to the pro - TESTING EQUIPMENT perty owners. Attorney Mortensen commented that a seperate ordinance will have to be drawn for each property returned. Engineer Keogh questioned the Council as to the purchase of soil testing equipment. He stated that tests should be done throughout the Williams Way project and could run to considerable expense. After discussion regarding where to charge the equipment in the budget, Councilman Neal moved to purchase the necessary equipment needed by Engineer Keogh to test the soil at Williams Way and the pool. The motion lm s seconded by Councilman McDougald and car-riEd'' unanimously. by roll -call vote. It was also discussed that the equipment will be changed to keogh's budget- ary account. REQUEST TO SELL Administrator Hollowaty stated he had been 200,000 GALLON WATER contacted by Gene Major of Major Paint and TANK AS SURPLUS Sandblasting regarding the tank near Skakel Springs that is not in use. Superintendent Leech mentioned the City cannot use the tank and would have to cut it up to move it. Mayor Stocks requested the pleasure of the Council. Councilman Neal moved to declare the tank sal- vage material and dispose of it in the manner most beneficial to the City. The motion was seconded by Councilman Warner and carried unani- mously by roll -call vote. Mayor Stocks commented that the tank would have to be disposed of by bid procedure. REQUEST TO SEND Administrator Hollowaty presented a request UTILITIES SUPERINTEN- to send Utilities Superintendent Leech to a DENT TO SEMINAR seminar in Salt Lake City, Utah at the Marriot Hotel on Maintenance, Planning, Scheduling and Control Systems. He added the seminar is a two-day seminar in the amount of $395.00. Councilman Hefner moved to send Ross Leech to the training seminar. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. DISCUSSION REGARDING Mayor Stocks asked if a copy of the design CITY STATIONERY submitted previously by Councilman White was available for the new Council to look over. Administrator Hollowaty responded that he did not have it with him. Mayor Stocks asked that the matter be brought back to Council at the next meeting. CITIZENS MAY APPEAR Mr. George Couchman appeared before Council George Couchman to request permission to place a mobile home on a lot on Third South and Third East with an existing house. After discussion, the Council directed Mr. Couchman to see Inspector Kelley regarding appearing before the Planning Commis- sion. APPROVAL OF THE BILLS ADJOURNMENT Councilman Hefner moved that bills in the amount of $125,840.43 be approved for payment, includ- ing a payment of $6,000 to J. L. Foy Contracting on the fire station and $82,000 on the new pool. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Councilman Neal moved '.e :,nu;ned with Council- man Hefner seconding the motion. The meeting was adjourned at 8:43 p.m. by unanimous consent. ATTEST: APPROVED: o ee "Thomas A. Stocks Mayor 451 CITY COUNCIL SPECIAL MEETING January 5, 1984 A special meeting of the Moab City Council SPECIAL MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Hefner, McDougald, Murphy, Neal and Warner. Also attending were Mayor Stocks, Administrator Hollowaty, Chief Ison, Attorney Mortensen, Secretary Rees, the media and approximately 70 citizens. Mayor Stocks called the meetingl,to order at 7:01 p.m.; Coun- cilman Neal lead the Pledge of Allegiance and Pastor Wayne Hoag offered the Invocation. Mayor Stocks explained the purpose of the meet- PURPOSE OF THE MEETING ing was the adoption of Ordinance 1-84 and IS THE ADOPTION OF €1Z explained the order of business. He asked that, ORDINANCE 1-84 CD after the motion is in place, citizens desiring Uto speak sign the register. LIJ Mayor Stocks recommended time limits be set. TIME LIMITS SET FOR Councilman Murphy moved to set the limit for ADJOURNEMNT AND CITIZENS citizens wishing to speak to two minutes and WISHING TO SPEAK adjourn the meeting at 8:00 p.m. or before. The motion was seconded by Councilman Hefner and carried unanimously. Councilman Murphy moved to approve Ordinance ORDINANCE 1-84 1-84, repealing Ordinances No. 6-77 and 5-78 DISCUSSED which created the position of City Administra- tor. The motion was seconded by Councilman Neal. Mayor _ Stocks__in§trudted Administrator Hollowaty to read Ordinance 1-84 after which the ordinance was discussed by Council. Council- man Murphy stated the ordinance would not make the Mayor a full-time paid mayor, but would return the City to the type of government pre- scribed by state law. Councilman Warner stated he felt Ordinance 1-84 was premature in that no provisions have been made for the replacement of the present form of government as the City will automatically revert back to the strong mayor form of government with no established guidelines, rules, duties or salaries being considered. He also stated that no plans had been made for a Recorder or administrative assistant and that he felt the people had de- feated this type of government in the election of November 1982. Councilman McDougald stated the Council feels that something needs to be done, in the best interest of city government, as the Council has been split on critical issues futher adding that he wanted no part of a split Council. Councilman Hefner. and Neal stated they had nothing to add. Citizens who spoke at the meeting included Mery Lawton, Joan Gough, Bob Greenberg, Wayne Ruth, Donna Jordan, Tim Jordan, Vivian Arthur, Lily Noorlander, Jerry Stocks, Delbert Oliver, Margaret Hopkin and Dick Thurston. These citi- zens asked questions of the Council and made remarks both pro and con the new ordinance. Margaret Hopkin questioned each member of the Council as to how they could justify passing this ordinance when the citizens voted the issue down just over a year ago. In response, Councilmembers stated the people had also elect- ed them and they campaigned against the present form of government with an administrator. CITIZENS APPEAR BEFORE COUNCIL 452 MOTION CARRIES ADJOURNMENT After futher discussion and comments, Mayor Stocks called for the vote. The motion carried by majority roll -call vote, Councilman Warner voting against the motion. Councilman Hefner moved the meeting be adjourned with Councilman McDougald seconding the motion. The meeting was adjourned at 7:58 p.m. APPROVED: ATTEST: aren our eputy Recorder Mayor ORDINANCE 1-84 AN ORDINANCE REPEALING ORDINANCE NO. 5-78 and ORDINANCE 6-77, WHICH ORDINANCES CREATED AND PROVIDED DUTIES FOR THE OFFICE OF CITY ADM- INISTRATOR/RECORDER. PREAMBLE: WHEREAS, the Governing Body of the City of Moab finds that it is in the best public interest that Ordinances No. 5-78 and No. 6-77 be repealed and that the City of Moab no longer utilize a manager form of government. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Moab: Section 1: Repealer That Ordinance No. 5-78 and Ordinance No. 6-•77 be, and hereby are, repealed. Section 2: Effective Date That this Ordinance 1-84 shall take effect immediately upon publication. PASSED AND APPROVED by a majority of the City Council this 5th day of January, 1984. ATTEST: /s/ Karen L. Coursey Recorder /s/ Thomas A. Stocks --- Mayor 4 5 R MOAB CITY COUNCIL January 19, 1984 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Neal, Hefner, Murphy, McDougald and Warner. Also attending were Mayor Stocks, Attorney Mortensen, Chief Ison, Engineer Keogh, Utilities Superintendent Leech, Secretary Rees and 7 Citizens. Mayor Stocks called the meeting to order at 8:00 p.m.; Councilman Neal lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. Councilman Hefner Moved the minutes of the APPROVAL OF THE MINUTES Executive Session of January 1, 1984 be approved as presented. The lotion was seconded by Coun- cilman Nealand carried unanimously. Councilman Neal moved the minutes of the regular meeting 04 of January 3, 1984 be approved as presented. W The motion was seconded by Councilman McDougald and carried unanimously. Councilman Murphy made two corrections to the minutes of January 5,1984 adding the word "paid" on page one, third paragraph and changing the time of ad- journment to 7:58 p.m. Councilman Nealmoved the minutes of January 5, 1984 be approved with the correction. The motion was seconded by Councilman Murphy and carried unanimously. Mayor Stocks reported that Glen Richeson of COUNCIL REPORTS the Recreation department had appeared during the pre -council workshop Session to present Replacing ballpark light a proposal to replace the lights at the ballpark with an estimated cost of between $28,000 and $30,000. Grand County has budgeted $18,000 from Revenue Sharing. Mr. Richeson os asking $12,000 from the City which has not been budg- eted. The new lights will reduce the cost of lighting the ballpark, which the city pays. Members of the Council indicated a willingness tc look at the new lighting but did not see how the Council can commit any funds with our new budget year six months away. Mr. Al Berna appeared before Council to present the specifications for the renovation of the bathhouse. After his explaination of the specif- ications, Councilman Hefner moved to have Mr. Berna prepare the plans to put the renovation of the bathhouse out to bid. The motion was seconded by Councilman McDougald and carried unanimously. Mayor Stocks stated this matter had been discus- sed previously by the old council. He stated the tax would generate more revenue than is currently being generated by the business lic- ense tax. He recommended the tax be reviewed by the Council. Councilman Murphy moved the matter be tabled until the next regular meeting. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal moved to radify the action taken in terminating City Administrator Mark Hollowaty on January 6, 1984. The motion was seconded by Councilman Hefner and carried by majority vote, Councilman Warner voting against the motion. REVIEW OF BATHHOUSE SPECIFICATIONS & APPROVAL TO GO TO BID DISCUSSION REGARDING ADOPTION OF 1/8% LOCAL OPTION SALES TAX RADIFICATION OF TERM- INATION OF ADMINISTRATOR 454 REQUEST TO COMBINE CITY & COUNTY _NSPCCTION ;iP"RTMENTS DISCUSSION REGARDING THE PURCHASE OF A WORD PROCESSOR ADOPTION OF RESOLUTION 84-01 ADOPTION OF RESOLUTION 84-02 DISCUSSION REGARDING ORDINANCE 84-02 APPROVAL OF THE PLANNING COMMISSION ACTIVITIES STATUTORY APPOINTMENTS TO BE MADE 1/26/84 APPROVAL OF THE BILLS ADJOURNMENT Mayor Stocks commented that it was suggested by Attorney Mortensen that this matter be dis- cussed at the joint meeting with the Commission on Monday, January 23, 1984. Councilman Hefner moved to table the matter until the meeting January 23, 1984. The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks commented that the cost of a word processor would be about the same as a computer. He stated there is no funds budgeted for the purchase and would like to pass on the discus- sion of the purchases. Resolution 84-01 is a resolution setting the 7:00 p.m. pre -Council workshop and departmental report session. Councilman Neal moved Resolution 84-01 be adopted with Councilman Hefner second- ing the motion, which carried unanimously. Resolution 84-02 is a resolution allowing reim- bursement at the rate of $.20 per mile travel allowance for personal vehicles. The mileage allowance is currently at the rate of $.18. Councilman McDougald moved to adopt Resolution 84-02 allowing the, reimbursement at the rate of $.20. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Mayor Stocks stated that Ordinance 84-02 is an ordinance setting the salaries of the Mayor and City Recorder. He asked for a motion to hold a public hearing on the matter and to review the Personnel Manual prior to setting the salaries. Councilman Murphy moved to ad- vertise the public hearing at the first meeting in February on the 7th. The motion was seconded by Councilman Neal and carried unanimously. Councilman Hefner moved to approve the Planning Commission's recommendation to approve a Condit- ional Home Use Occupation for Gayle Wynn, 831 Mountain View, R-2 zone, to operate an aircraft brokerage business by telephone. The motion was seconded by Councilman McDougald and carried unanimously. Mayor Stocks commented that the statutory ap- pointments will be made at a special meeting on January 26, 1984 at 7:00 p.m. in the City Hall Conference Room. Councilman Hefner moved the bills be paid in the amount of $139,005.38. The motion was sec- onded by Councilman Neal and carried unanimously by roll -call vote. Councilman Hefner moved the meeting be adjourned with Councilman Neal seconding the motion, which carried unanimously. The meeting was adjourned at 8:58 p.m. APPROVED: 4 5,S MOAB CITY COUNCIL January 23, 1984 A special joint meeting of the Moab City Council SPECIAL MEETING and the Grand County Commission was held on AND ATTENDANCE the above date in the Council Chambers of the Grand County Courthouse. Attending were Council- men Warner, Murphy, Neal, Hefner and McDougald; Commissioners Walker, Ing and Hance; MCDA mem- bers Nightingale, Gaither, Klepzig, Higgins and Miller; Mayor Stocks, Attorney Mortensen, Utilities Superintendent Leech, Clerk Domenick, Secretaries Rees and Stanton, the media and 4 citizens. Commissioner Hance called the meet- ing to order at 7:09 p.m. Commissioner Hance asked Attorney Mortensen MODIFICATION TO to read the modification to the agreement. AGENCY AGREEMENT M Attorney Mortensen explained that the proposed modifications focus primarily on the selection 1-4 of members. Under the proposed agreement, all U W members are to be slected from a list submitted W by the agency which must contain twice as many names as there are vacancies. The modification would retain the nine member board, but four members each would be selected by the City and the County with the ninth member slected jointly. Attorney Mortensen commented that he was concerned over possible conflicts of interest if members of the governing bodies of the City and County served as members of the agency and proposed an additional change which. would make the Commission Chairman and Mayor-dx-officio members of the board, without voting privileges. Agency members expressed their desire to retain the nine -member vote, including the Mayor and Commissioner. Agency Attorney A. J. Coffman stressed that continuity was needed in the agency to maintain the confid- ence of the developer, while a potential of five new members being appointed would mean more than half of the agency members would be new. Attorney Coffman also suggested that the life of the agency be extended to 20 years, rather than the current five year renewal, adding the project could take up to 20 years to complete. After futher discussion, it was agreed that the Commission and Agency will meet with the City Council at the next regular meeting scheduled for February 7, 1984. Council- man Murpjy moved the matter be tabled until the next regular meeting with Councilman Hefner seconding the motion, which carried unanimously. Commissioner Walker then moved to hold a joint meeting with the Council on February 7,1 984 with Commissioner Ing seconding the motion which also carried unanimously. Mayor Stocks commented that he would like to DISCUSSION REGARDING combine the two departments to cut costs as COMBINING CITY & the present economy is depressed. One of the COUNTY INSPECTION bodies would be responsible for operating the DEPARTMENTS building inspection department with the other body contracting for services. There was a discussion regarding the building inspection department being responsible for code enforce- ment, such as weed control. Councilman Murphy recommended Mayor Stocks and Commission Chairman Hance prepare a report on how costs could be cut. Following further discussion, Councilman A_ �'"e z aJ V JOINT EXECUTIVE MEETING SET TO DISCUSS INSPECTION DEPARTMENTS REMODELING OF THE COUNCIL CHAMBERS ADJOURNMENT SPECIAL MEETING AND ATTENDANCE AUTHORIZATION CHASE GALEON GRADER Warner moved that the City Council and County Commission hold a joint executive session with their inspectors at 7:00 p.m. on February 7, 1984. The motion was seconded by Councilman McDougall and carried by majority vote, Council- man Hefner voting against the motion. Commis- sioner Ing then moved to hold a joint meeting with the Council on February 7, 1984 at the regular Council meeting. That motion was second- ed by Commissioner Walker and carried unanimous- ly. Mayor Stocks explained the proposed remodeling, stating the tip ends of the horseshoe would be shortened by three feet, reduce the raised portion to two inches or one step, moved the entire horseshoe back to two and one-half feet from the back wall and the sound system wiring would also be taken into consideration while remodeling. Councilman McDougald moved the remodeling be put out to bid with Councilman Neal seconding the motion, which carried by majority vote, Councilman Warner voting against theiinotion. Commissioner Ing then made the same motion, with Commissioner Walker seconding. That motion carried unanimously. As there was no further business, Councilman Warner moved the meeting be adjourned with Councilman Murphy seconding the motion. The meeting was adjourned by unanimous consent at 9:20 p.m. APPROVED: c4_- ) Thomas A. Stocks Mayor CITY COUNCIL SPECIAL MEETING January 26, 1984 A special meeting of the Moab City Council was held on the above date in the Conference Room of City Hall. The purpose of the meeting was the confirmation of the Mayoral statutory appointments, the confirmation of an appointment to the Moab Community Development Agency, and the approval to purchase a grader. Attending were Councilmen Neal, Hefner, Murphy, McDougald and Warner. Also attending were Mayor STocks, Chief Ison, Utilities Superintendent Leech, Attorney Mortensen, Commissioner Hance, Secret- ary Rees, the media and 10 citizens. Mayor Stocks called the meeting to order at 7:01 p.m.; Councilman Neal offered the Invocation. TO PUR- Mayor Stocks questioned Superintendent Leech as to what uses he had in mind for the grader. Mr. Leech responded that the grader could be used to clear roads around the tanks and the springs, to care for non -curbed roads, for weed control, to remove ice build-up along the roadways, patching the bigger water cuts, 1,9 cleaning dirt streets, smothing bumps in the roads in the summer and keeping the vegetation down around the,springs. Councilman Neal moved the Council approve the purchase of the used Galeon grader in the amount of $9,900. The motion was seconded by Councilman McDougald. There was discussion regarding the motion. Johnny Cortes and Tim Pogue appeared before Council stating that the grader could be used to push snow, lay patches and get into tight places. Mr. Pouge stated the manhours saved would pay for the machine in a year. Mayor Stocks questioned the condition of the tires and Superintendent Leech responded that four of the tire were rather worn but could be replaced with recaps. Councilman Warner quesion- ed the year of the grader and was informed it was a 1969 morel, very well taken care of. There was some discussion regarding transportat- ing the grader to Moab from Hansen Equipment in Grand Junction, Colorado. Commissioner Hance stated the County workers could probably haul it over. The motion to purchase the grader carried unanimously by roll -call vote. Mayor Stocks stated that before the Executive Session he would like to confirm the Agency appointment. The names submitted to the Council and the County Commission are Ray Klepzig, Ralph Miller, Jr., Steve Kennedy and Sam Taylor. Mayor Stocks stated he would like to submit for confirmaticn Ralph Miller, Jr. to begin a new term on April 1, 1984. Councilman Hefner moved to confirm that appointment. The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks stated that an executive session had been called to discuss personnel, salaries and statutory appointments. Councilman Neal moved to enter into Executive Session and the motion was seconded by Councilman Hefner. The motion carried unanimously. Mayor Stocks ques- tioned the Council as to how long the Executive Session might be. Members of the Council stated they felt approximately an hour. The Council entered into the Executive Session at 7:20 p.m. At 9:06 p.m. Councilman Neal moved the Council return to regular session. The motion was sec- onded by Councilman McDougald and carried unani- mously. Mayor Stocks called the regular session back to order at 9:13 p.m. Mayor Stocks recommended the following statutory appointments be made: Chief of Police - Dan Ison Utilities Superintendent - Ross Leech Recorder - Ray Pene Treasurer - Lynda Moore Engineer - John Keogh Attorney - Paul Mortensen Councilman Hefner moved the Council accept the Mayor's recommendations and the motion was seconded by Councilman Murphy. The motion carried by majority vote, Councilman Warner being opposed. Councilman Hefner moved the meeting be adjourn- ADJOURNMENT ed. The motion was seconded by Councilman McDou- gald and carried unanimously. The meeting was adjourned at 9:15 p.m. GALEON GRADER CONT. CONFIRMATION OF APPOINTMENT TO MOAB COMMUNITY DEVELOPMENT AGENCY EXECUTIVE SESSION RETURN TO REGULAR SESSION CONFIRMATION OF MAYORAL STATUTORY APPOINTMENTS `8S f APPROVED: 458 SPECIAL MEETING AND ATTENDANCE PURPOSE OF THE MEETING: DISCUSSION OF COMMUNITY BLOCK GRANT REQUESTS MR. PRALL EXPLAINS PROGRAM CANYONLANDS FRUIT - GROWERS REQUEST SPECIALIZED MINE SERVICES REQUEST o-74: mas A. Stocks Mayor CITY COUNCIL SPECIAL MEETING February 1, 1984 A special meeting of the Moab City Council and the Grand County Commission was held on the above date in the Council Chambers of the Grand County Courthouse for the purpose of discussing requests for Community Development Block Grant funds. Attending were Councilmen Neal, Warner, McDougald and Murphy; Commis- sioners Ing, Walker and Hance; Mayor Stocks, Les Prall of the Southeastern Utah Association of Governments; Recorder Pene, County Clerk Domenick, Secretary Rees, the media and approxi- mately 33 citizens. Mayor Stocks called the meeting to order at 8:03 p.m.; the Pledge of Allegiance was lead by Councilman Neal. Mr. Prall informed the group that this is the third year the state is handling the block grant funds. The state has $4.75 million to distribute to the seven stated development districts. The Southeastern Utah District in- cludes Grand, Emery, Carbon, Emery and San Juan Counties. Mr. Prall further explained the meeting today was to best determine how to use the funds. Three requests have been submitted for funds. The first request was submitted by the Canyon- lands Fruit rowers Cooperative. The group is asking for $65,000 grand to purchase equipment for a juice plant. Mrs. Evelyn Zimmerman appear- ed on behalf of the cooperative. She explained the 76 member cooperative currently has 40 acres of fruit and 10 acres of grapes under cultivation. Mrs. Zimmerman explained the juice plant would employ up to 50 workers with addit- ional short-term help during harvest time. The second request was submitted by Specialized Mine Services, Inc. for a $100,000 low interest loan to help establish a second production line in a planned coal briquette plant near Thompson. Company officials stated that produc- tion should begin in June or July of this year, with an initial work force of 13 with 45 to 50 miners employed by Nu Tech Mining Company at the coal mine. Mr. Prall stated that applications must be submitted by April 1, 1984. Public hearings on the proposals will follow, with all projects in the district to be placed on a priority list and submitted to the state. The grants will be awarded in June and funds distributed in July or August. The Commission and the Coun- cil will consider the requests. Cs9 [T] F-� CD W L' 459 At 8:30 p.m. Mayor Stocks called a break to hold the swearing -in ceremony for statutory appointments. Judge Crist swore in Chief of Police Dan Ison, City Engineer John Keogh, City Recorder Ray Pene, City Attorney Paul Mortensen and Utilities Superintendent R055 Leech. Councilman Murphy moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned at 9:40 a.m. by unani- mous consent. APPROVED: uo omas A. SCoc s Mayor ATTES : Ra on E. 'ene City Recorder CITY COUNCIL February 9, 1984 A regularly scheduled meeting of the Moab City Council was held on the above date in the Coun- cil Chambers of the Grand County Courthouse. Attending were Councilmen Neal, Warner, Murphy, McDougald and Hefner. Also attending were Mayor Stocks, Recorder Pene, Attorney Mortensen, Secretary Rees, the media and approximately 60 citizens. Mayor Stocks called the meeting to order at 8:03 p.m.; Councilman Warner lead the Pledge of Allegiance and Councilman Hefner offered the Invocation. SWEARING -IN OF MAYORAL STATUTORY APPOINTMENTS ADJOURNMENT REGULAR MEETING AND ATTENDANCE Councilman Neal moved the minutes of the regular APPROVAL OF THE MINUTES meeting of January 19, 1984 be approved as written. The motion was seconded by Councilman McDougald and carried unanimously. Councilman McDougald moved the minutes off the special joint meeting of January 23, 1984 be approved as written. The motion was seconded by Council- man Neal and carried unanimously. Mayor Stocks corrected the wording on page two of the minutes of January 26, 1984 changing the word "they" to "long". Councilman Neal moved the minutes of January 26, 1984 be approved as corrected. The motion was seconded by Councilman Murphy and carried unanimously. Two corrections were made on page two of the minutes of the pre -Coun- cil workshop session of January 19, 1984. In the sixth paragraph, the amount budgeted for the grader was changed from $1,500 to $15,000 and in the eighth paragraph, the word "mainly" was changed to "including". Councilman Hefner moved the minutes be approved as corrected with Councilman Neal seconding the motion,w hick carried unanimously. Councilman Neal moved the minutes of the special meeting of February 1, 1984 be approved as presented. The motion was seconded by Councilman Murphy and carried unanimously. Recorder Pene opened the bids received for SALE OF SURPLUS 200,000 the sale of the water tank as follows: Jack GALLON WATER TANK Corbin bid $1,150.00; Piute Valley Development 460 APPROVAL OF THE MODIFICATION TO MOAB COMMUNITY DEVELOPMENT AGENCY AGREEMENT DISCUSSION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PUBLIC HEARING: ORDINANCE 84-02 SETTING THE SALARIES OF MAYOR AND RECORDER ORDINANCE 84-03 INCREASING PURCHASING LIMIT TO $2,500 BEFORE BIDS REQUEST FOR PUBLIC HEARING REGARDING NAME CHANGE ON HILL- SIDE DRIVE CONFIRMATION OF MAYOR'S APPOINTMENTS Company bid $6,500; JBCO Construction bid in the amount of $500.00 and Dan Holyoak bid $510. Councilman Neal moved to accept the high bid of $6,500 ;rom Piute Valley Development Company of Cal-Nev-Ari, Nevada. The motion was secon- ded by Councilman Hefner and carried unanimous- ly. Recorder Pene read the modification to the agreement and Agency Chairman Nightingale stated the agency concurred with the modification. Councilman McDougald moved the agreement be approved as read. Councilman Murphy seconded the motion, which carried unanimously. Councilman McDougald reiterated his statements from the pre -Council report session. He stated he felt both company's requesting funds were located in the County, adding that he would go along,,with the County decision. Commissioners Walker and Hance informed Council they are investigating both companys and awaiting further information. Councilman Warner moved to table the matter until the County has received further information from both parties involved and bring the matter back at the February 21, 1984 meeting. The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks asked Recorder Pene to read Ordin- ance 84-02 relating to salaries. Recorder Pene read the ordinance leaving the salary amounts blank. Councilman McDougald moved to set the Mayor's salary at $1,600 per month and the Recorder's salary at grade 16, step 1 in the amount of $1,452.00 per month. The motion was seconded by Councilman Hefner. The meeting was then opened for public comment. Citizen Gene Rowe appeared before Council to make his comments as to the legality of the change in the form of government. Other comments were heard from Christie Perry, Bob Phillips, Sylvia Johnson, Connie Caouette and Mark Hollowaty. After discussion Councilman Hefner called for the question. The motion carried by majority vote, Councilmen Neal and Warner voting against this motion. Recorder Pene read the proposed ordinance. Coun- cilman Hefner moved to adopt Ordinance 84-03 relating to purchasing. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Mayor Stocks explained that in emergency situa- tions the area is confusing. Second South where it crosses Tusher Street becomes Hillside Drive and should be changed to Second South continuing East. The street extending from Second South to the north on Tusher should be changed to Tusher Street rather than Hillside Drive. Mayor Stocks also commented that the house numbers in the area needed to be realigned. Councilman McDougald moved to hold a public hearing on the name change at the next regular meeting on March 6, 1984. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Mayor Stocks made the following appointments: Planning Commission - Bill May and Pete Bryd Board of Adjustments - Pete Byrd SEUAOG Board - Councilman Jay Murphy Grand County Special Services Water Board Councilman Bill McDougald Economic Development Council - Councilman Bill McDougald Chamber of Commerce representative - Councilman 461 McDougald Councilman Hefner moved to approve the appoint- ments. The motion was seconded by Councilman Neal and carried unanimously. Pursuant to Utah State Code, the City Council must approve the Mayor's bond. Councilman McDou- gald moved to ratify and approve Mayor Stocks' bond. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal stated the ballpark lighting was out to bid. The county has- appropriated $18,000 from Revenue Sharing toward the lights and Mr. Richeson is asking the City to pay the balance of between $5,000 and $12,000. The new lights will reduce the power bill at the ballpark, which is now paid by the City. Councilman Neal recommended the balance of the lights be paid from Revenue Sharing when money is available. Members of the Council stated they would be in favor of purchasing the lights. Recorder Pene read Ordinance 84-04 which makes the owner of a licensed bar liable for minor's being in their establishments. Mr. Joe Kingsley questioned areas of the proposed ordinance. he questioned whether the ordinance is neces- sary. After further discussion, Councilman Hefner moved to hold a public hearing regarding Ordinance 84-04 as the,March 6, 1984 meeting. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal moved to hold a public hearing on the parking matter at the meeting scheduled for March 20, 1984. The motion was seconded by Councilman Murphy and carried unanimously. Mr. Curt Balling appeared before Council to request permission to use the City Park for a mine rescue contest in conjunction with Mine Rescue Days celebration. Councilman McDougald moved to approve the use of the park May 11 and 12, 1984. The motion was seconded by Coun- cilman Warner and carried unanimously. Another request to use the City Park was from Wayne Day to hold a Christian Revival. After discus- sion, Councilman McDougald moved to allow the use of the park on April 20, 1984. The motion was seconded by Councilman Hefner and carried unanimously. Councilman neal moved to radify the action already taken in paying Barbara McLeod compen- sation. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. As discussed in the pre -Council workshop session it was agreed that George Nay and Don Beaure- gard's water meters would be moved if they were charged for the material and labor and other costs. Councilman Hefner moved to allow the water and sewer department to move George Nay's and Don Beauregard's water meters with the above financial arrangements. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Mr. Corey Preston appeared before Council re- garding speeding problems in his neighborhood at 187 Park Drive. He also mentioned a standing water problem. Mayor Stocks stated he would look into both matters. CONFIRMATION OF MAYOR'S APPOINTMENTS APPROVAL OF MAYOR'S BOND REQUEST REGARDING BALLPARK LIGHTING G. Richeson DATE FOR PUBLIC HEARING SET FOR ORDINANCE 84-04 REGARDING ALCOHOLIC BEVERAGE ORDINANCE PUBLIC HEARING DATE SET FOR ORDINANCE 84-05 RENAMING HILLSIDE DRIVE REQUESTS TO USE THE NEW CITY PARK RATIFICATION OF PAYING B. McLEOD COMPENSATION DECISION ON WATER/SEWEF PROBLEMS - Nay and Beauregard Corey Preston APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDNANCE Councilman Hefner moved the bills be paid in the amount of $167,108.86 including the tank painting in the amount of $53,974.00. The motion was seconded by Councilman Murphy and carried unanimously by roll -call vote. Councilman Warner moved the meeting be adjourned with Councilman Murphy seconding the motion. The meeting was adjourned at 10:25 p.m. by unanimous consent. ATTEST: AO„ Ra m.� . Pene City 'ecorder APPROVED: homas A. Stocks Mayor MOAB CITY COUNCIL February 21, 1984 A regularly scheduled meeting of the Moab City Council was held on the above date in the City Council Chambers of the Grand County Courthouse. Attending were Councilmen Warner, Neal, Murphy, McDougald and Hefner. Also attending were Mayor Stocks, Attorney Mortensen, Chief Ison, Utilit- ies Superintendent Leech, Recorder Pene, Secret- ary Rees, the media and 22 citizens. Mayor Stocks called the meeting to order at 8:13 p.m.; Councilman Neal lead the Pledge of Alleg- aince and Councilman McDougald offered the Invocation. APPROVAL OF THE Councilman Neal moved the minutes of the regular MINUTES meeting of February 6, 1984 be approved as presented. The motion was seconded by Councilman McDougald and carried unanimously. BID AWARD - Recorder Pene read the bids received: Key Con - SWIM CENTER BATHHOUSE struction bid $76,440.00; Godwin Construction RENOVATION bid $67,248.34; Vinco Contracting bid $67,600.00 and Al Berna bid $69,700.00. For the roofing only there were two bids received. Key Construc- tion bid $5,000.00 and Sunland Insulation bid $8,820.00. After a great deal of discussion regarding the bids, Councilman Hefner moved to accept the bid from Key Construction in the amount of $5,000 for the roofing. The bid was seconded by Councilman Neal and carried unanimously by roll -call vote. After Turther discussion regarding the thickness of the grout, Councilman Hefner moved to accept the bid from Dennis Godwin in the amount of $67,248.34. The motion was seconded by Councilman Murphy. Councilman Warner stated he felt Mr. Godwin bid as the specifications dictated and other bidders should be given the opportunity to bid thicker grout, adding that the bidders should use the same specifications. Councilman Hefner withdrew the motion and Councilman Neal withdrew the second. Councilman Hefner then moved to accept the bid from Dennis Godwin 46 in the amount of $67,248.34 providing he will BID AWARD CONTINUED apply 3/4" grout to the wall in place of the thin -set grout and accept the thicker grout at his same bid. The motion was seconded by Councilman Neal. After discussion, the motion carried by majority vote, Councilmen McDougald and Warner voting against the motion. Recorder Pene contacted Mr. Godwin who stated he would not put on the thicker grout at the same price. Later in the meeting the bid was awarded to Vinco Contracting. Mrs. Evelyn Zimmerman appeared before Council DISCUSSION REGARDING representing the Canyonlands Fruitgrowers Coop- COMMUNITY DEVELOPMENT erative. The co-op has requested a grant of BLOCK GRANT REQUESTS $65,000.00 to be used in developing a fruitjuice plant. Mr. Ray Tibbetts appeared on behalf of Specialized Mine Services who have requested a loan of $50,000 to establish a second produc- tion line at the company's planned coal briq- uette plant near Thompson. If the loan is ap- proved, the company could open the second line in June or July rathPr than November. Councilman McDougald questioned • whether the funds could Gs7 be best used by the co-op to establish the W juice plant to to fund the second production line for the briquette plant for only two months. Councilman Hefner suggested that the City endorse the briquette plant and attempt to obtain funding from other sources for thk juice plant. Councilman Warner pointed out that the deadline for submitting requests in April 1, 1984 and suggested taht a decision be delayed until that time, to permit additional requests to be considered. Councilman Warner moved the Council not take any action until after the deadline The motion was seconded by Councilman Neal and carried by majority vote, Councilman Hefner voting against the motion. Mayor Stocks offered the appointments of Coun- cilman Warner to the Museum Board and Pete Byrd to the Mosquito Abatement Board. Councilman Hefner moved to confirm the appointments. The motion was seconded by Councilman Neal and carried unanimously. For final approval by the Council was a request for a Conditional Use Home Occupation by Mich- aelene Pendleton, 515 Cliffview, R-2 zone, to provide media services. Councilman Neal moved to accept the recommendation of the Plan- ning Commission and approve the request. The motion was seconded by Councilman Hefner and carried unanimously. Mayor Stocks requested a public hearing be PUBLIC HEARING DATE held March 20, 1984 to set the salary of the SET REGARDING SALARY Treasurer. Councilman Hefner moved to hold OF TREASURER a public hearing on March 20, 1984 and the motion was seconded by Councilman Neal. The motion carried unanimously. Superintendent Bill Meador, Curtis Freeman REQUEST FOR FUNDING - and Dick Horstman appeared before Council to ADULT HANDICAPPED request funds in the amount of $6,000for the adult handicapped center. Mr. Meador explained the request is for a workshop for the adult handicapped. He stated that bids will be opened February 27, 1984 and the City's contribution will enable the organization to accept a bid of between $78,000 and $88,000. Mayor Stocks commented that the monies could probably be provided through spending cuts in the 1984 APPROVAL OF APPOINT- MENTS APPROVAL OF PLANNING COMMISSION ACTIVITIES M.S. Pendleton 4E_6 4 BURROUGHS TRAINING VISITOR'S CENTER LEASE APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES budget. Councilman Hefner moved the City commit $6,000 to the Moab Handicap Organization for construction purposes from 1984/85 budget. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. Mayor Stocks informed the Council that Burroughs people had been training personnel to do the payroll three days last week. He further added that training for budgetary accounting will be required at a cost of approximately $1,300 for a two-day school. Mr. Jim Sarten, Chairman of the Travel Council appeared before Council and gave a history of the building and its' ownership. After Mr. Sarten's presentation, Councilman Neal moved to lease the Visitor's Center for a ten year period at the rate of $1.00 per year. The motion was seconded by Councilman McDougald with the stipulation that the Chamber of Commerce will always be given space in the building. Attorney Mortensen brought up a question regarding the lease and the grounds maintenance. Attorney Mortensen will draw. up a lease agreement. The motion carried unanimously. Councilman Hefner moved the bills be paid in the amount of $16,065.42. He mentioned a cor- rection and an addition not on the listed bills. The motion was seconded by Councilman McDougald and carried unanimously. Councilman Neal moved the meeting be adjourned with Councilman Warner seconding the motion. The meeting was adjourned by unanimous consent at 10:32 p.m. APPROVED: ATTEiST : Rayoriti E. Pene City Recorder ,e__k__,,,,g_;_e_ omas . toe s Mayor CITY COUNCIL March 6, 1984 A regular meeting of the Moab City Council was held on the above date in the Council Chpm- bers of the Grand County Courthouse. Attending were Councilmen Warner, McDougald, Murphy and Neal. Councilman Hefner was absent due to busi- ness. Also attending were Mayor Stocks, Recorder Pene, Secretary Rees, the media and approximate- ly 85 citizens. Mayor Stocks called the meeting to order at 8:03 p.m.; Councilman Neal lead the Pledge of Allegiance and Joe Kingsley offer- ed the Invocation. Councilman neal made a correction of a typogra- phical error on page two of the minutes of February 21, 1984. Councilman Murphy moved the minutes be accepted as corrected. The motion was seconded by Councilman Warner and carried unanimously. 465- Ordinance 84-04 is an ordinance amending Chapter PUBLIC HEARING 3 -of the Moab City Code -(Alcoholic Beverages) Ordinance 84-04 making it unlawful for Class I licenses and their operators, agents or employees to permit persons under the age of twenty-one years to remain in licensed premises and prescribing the penalty for violations. Recorder Pene read the ordinance as directed by Mayor Stocks. Mayor Stocks stated he would like to set a time limit for the public hearing. Councilman Neal moved to limit each public hearing to 20 minutes each hearing. The motion was seconded by Councilman McDougald and carried by majority vote, Councilman Warner being opposed. Mayor Stocks opened the public hearing for comment. Councilman Warner stated his opposition to the words "or about" regarding the licensed premises. Citizens expressing their views re- garding the ordinance included Joe Kingsley, Page Holland, Jack DeWolfe and Darlene Nelson. Councilman Neal moved to adopt Ordinance 84-04 with the amendment of dropping the words "or about" from page two, paragraph one, line 5. The motion was seconded by Councilman Warner and carried unanimously by the four members in attendance. ORDINANCE 84-04 WHEREAS, the Governing Body of the City of Moab hereby finding that the following changes should be made to Chapter 3, Alcoholic Beverage, Moab City Code 1965, as amended, BE IT ORDAINED by the City Council of the City of Moab: SECTION 1: Amendment to Section 3-9, Restrict- ions on Sale of Beer. Section 3-9. Restriction on Sale of Beer, is hereby amended to read as follows: No person shall sell beer to any person intoxi- cated or under the influence of an intoxicating beverage, 'AT to any person under the age of twenty-one years. No liens shall be granted to sell beer in any thedter, or in the proximity of any church or school, or in any dance hall, except cabarets duly licensed as provided heretofore. It shall be unlawful for any person under the age of twenty-one years to purchase beer or have the same in his possession, or to enter or to be in or about any premises licensed to sell beer under a class "1" license. It shall be unlawful and shall constitute an bffOnse of strict liability Tof any licensee of a class "1" retail license for the sale of beer or any operator, agent, or employee of such licensee to permit any person under the age of twenty-one years to remain in such licensed premises. SECTION 2: Amendment to Section 3-14, Penalty. Section 3-14, Penalty, is hereby amended to read as follows: Any person who shall engage in the business for retail of selling beer within the corporate limits of the city without having an approp- riate license therefore from the city of whose license has been revoked, suspended or cancel- 4166 PUBLIC HEARING Ordinance 84-05 REQUEST TO PAY $10,260 for ball park lights Request to use City Park led, or who shall violate any of the terms, clauses or conditions of this chapter shall be guilty of a [misdemeaaer] infraction. Section 3: Effective Date. This ordinance shall become ettective immediately upon publication. PASSED AND APPROVED by a majority of the City Council this 6th day of March, 1984 /s/ Thomas A. Stocks ATTEST: /s/ Ray Pene Ordinance 84-05 is an ordinance changing the name of a street known as Hillside Drive to Second South from Tusher Street two blocks east and beyond and changing to Tusher Street that portion extending north from Second South to Rosetree Lane and beyond. Mayor Stocks opened the public hearing for comment. Postmaster Lew Prowse commented that the Post Office would incur additional costs of approximately $800 if the name of the street was changed and fur- ther expressed his oposition. Other citizens expressing their opposition were John Palmer, Kevin Denney and Richard Garcia. Glen Richeson, EMT, was in favor of the change. After discus- sion, the Council voiced the opinion that the street name should not be changed. Glen Richeson, director of City Recreation, appeared before Council to request the City allocate $10,260 from the 84/85 Revenue Sharing Budget for replacing the lights at the ball- park. He stated the County has appropriated $18,000 and the total bid was $28,260. Mr. Richeson stated the ballpark is currently light- ed with around 360 lights whereas the new lights will put out more light and require only 77 lights, saving approximately half the yearly seasonal cost for lighting the park. After further discussi'on, Councilman Neal moved the Council allow the request for $10,260 from the 1984/85 budget from Revenue Sharing funds. The motion was seconded By Councilman McDougald and carried unanimously by those in attendapm. As no one was present to present the request for $100.00 donation for the half -marathon the item was dropped. Mr. Wayne Day appeared before Council to re- quest the use of the new City Park on March 23, 1984 from 2:00 p.m. to 5:00 p.m. to hold a contemporary gospel music show. The program is free but donations will be accepted. Council- man Warner moved to approve the request to use the park with Councilman Neal seconding the motion, which was carried unanimously by the four Councilmen in attendance. APPROVAL OF MOAB 'Mr. Glen Richeson appeared before Council to COUNTRY CLUB FEES report the Moab Country Club would like to FOR 1984 keep the fees the same as last year. The rates for nine holes of golf on weekdays is proposed at $3.00 and $3.50 on weekends. The annual green fees as proposed are: $200.00 for an individual; $150.00 for senior citizens; $75.00 for students. The storage fees for golf carts are proposed at $240.00 for an electric golf cart and $200.00 for gas carts. Councilman Neal moved the Council approve the fees for the Moab Country Club at the same rates as 4 F1'� last year. The motion was seconded by Councilman Murphy and carried unanimously. Mr. Steve Kennedy, Chairman of the MAP commit- tee, appeared before Council to request funds if the amount of $8,977 for the promotion pro- ject. Mr. Kenedy explained the Utah Travel Council's 1984 advertising campaign features a photo of Delicate Arch designed to encourage travelers to make Utah the destination for their vacations. The State Travel Council has agreed to provide a mailing list of those re- questing further information. Mr Kenedy stressed that the cost per response is reduced to $.68, with the added potential reaching beyond the tourist industry. After a great deal of dis- cussion and presentations, Councilman Murphy moved the City commit to funding $8,977 for the MAP committee out of this years budget. The motion was seconded by Councilman Neal. Councilman Warner expressed concern about budget -reductions in tills years budget. The motion was amended to include next years budget if funds could not be found within the current U years budget and the amendment was accepted. WThe motion carried by majority vote, Councilman Warner voting against the motion. Councilman McDougald moved for a five minute recess at this point. The motion was seconded by Councilman Neal and carried unanimously. Mr. Harry Snow appeared before Council repre- RESIDENTS REGARDING senting the residents surrounding the property MCDOUGALD TRUCKS owned by McDougald Oil between Fifth West and Highway 163. Residents of the area are opposed to the height of the fence and the use of the zone. Part of the property is zoned C-2 and part is zoned R-2. Mr. Snow stated the company could park only on the C-2 area with the consent of the Council. Mr. Bill May, representing McDougald Oil Company, responded that the trailers and trucks being parked in the vacant lot was only a temporary measure, adding that the company is ;filling to work with the residents. After, discussing the matter at great lengths and hearing comments from surrounding citizens, the Council agreed to hold an Executive Session within ten days to decide on the matter. REQUEST FOR FUNDING FOR MOAB AREA PRO- MOTION RECESS Councilman Murphy moved to appoint Ed Claus APPROVAL OF CITY as the City's auditor for the fiscal year end- AUDITOR FOR FY 83/84 ing June 30, 1984. The motion died for lack of second. Councilman Warner moved to appoint David Adkison as the FY 83/84 auditor. The motion was seconded by Councilman McDougald and carried by majority vote, Councilman Murphy being opposed. Recorder Pene informed Council that Marget APPROVAL OF DEPUTY Snyder has been appointed Deputy Treasurer RECORDER AND DEPUTY and Sharren Rees appointed Deputy Recorder. TREASURER Councilman Warner moved the Council confirm both appointments based on the steps and grades as recomminded in the Pres'onnel Policy Manual. The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks appointed councilman Warner to COMMITTEE TO REVISE head the committee and Councilman Murphy and PERSONNEL POLICIES Chief Ison to work with him. Mayor Stocks added AND CITY CODE that he would also work on the committee. =468 APPROVAL TO ADVERTISE FOR CITY INSURANCE, SWIM POOL MANAGER, PUBLIC HEARING WITH COUNTY ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MIN- UTES COUNCIL REPORTS TIME SET AT WHICH ADJOURN PUBLIC HEARING: ORDINANCE 84-05 Councilman McDougald moved to advertise the above listed items. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal moved the meeting be adjourned. The motion was seconded by Councilman McDougald and carried unanimously. The meeting was ad- journed at 11:35 p.m. ATTEST: aymene City Recorder Q omas A. Stock Mayor CITY COUNCIL March 20, 1984 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Neal, Murphy, Warner, Hefner and McDougald. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, Secretary Rees, the media and 4 citizens. Mayor Stocks called the meeting to order at 8:01 p.m.; Councilman Neal lead the Pledge of Allegiance and Council- man McDougald offered the Invocation. Councilman Warner asked that the word "passed" be changed to "dropped" on page two at the end of the second paragraph. Councilman Neal moved the minutes of March 6, 1984 be approved as corrected. The motion was seconded by Coun- cilman Warner and carried unanimously. councilman Warner reported that the committee to codify the City Ordincuces has set up regular meetings on Thursday nights in the City Hall Conference Room at 7:00 p.m. Councilman McDougald stated he had attended a number of meetings regarding the City clean-up campaign wherein he stressed the City is limited on equipment for the clean-up. Recorder Pene read a letter of commendation to Officers Morck and Haycock from the Division of Wildlife Resources regarding a wildlife violation. TO Councilman Neal moved the meeting be adjourned at 9:15 p.m. or before. The motion was seconded by Councilman Hefner and carried unanimously. Ordinance 84-05 is an ordinance returning pro- perty to Williams Way property owners. Engineer Keogh requested the Ordinance be tabled until he can review. Councilman Hefner moved to table Ordinance 84-05 until Engineer Keogh can review and give his input. The motion was seconded by Councilman Neal and carried unanimously. Mrs. Virginia Johnson was in attendance for this public hearing and commented that the City has blocked off her trailer court and asked that the Council go look at what has been done. She also asked that the City give 46q' her a fence in lieu of all the land she has given the City over the years. Councilman Hefner asked if the land was fenced previously. Mrs. Johnson responded that there had not been a fence there. Ordinance 84-06 is an ordinance setting the ORDIANCNE 84-06 salary of the City Treasurer. Councilman McDoug- setting Treasurer's ald moved the salary be set at Step 14, Grade salary 1, an annual salary of $15,912.00. The motion was seconded by Councilman Hefner and carried unanimously by roll -call vote. The salary is to be retroactive to February 23, 1984, the date the Treasurer was sworn in. Recorder Pene read the ordinance as set. Councilman McDougald moved to accept Ordinance 84-06 as read with the effective date of February 23, 1984. Coun- cilman Neal seconded the motion, which carried unanimously by roll -call vote. Recorder Pene read Ordinance 84-07 providing ORDINANCE 84-07 for procedures in establishing disabled park- PROVIDING FOR DISABLED OD ing regulations and for enforcement of disabled PARKING CD parking regulations. Councilman McDougald moved rl to adopt Ordinance 84-07. The Motion was second- ed by Councilman Hefner. There was discussion G4 regarding fines for parking in a marked dis- abled parking space and ramps for the disabled. Councilman Neal called for the question and the motion carried unanimosly by roll -call vote. Recorder Pene read Ordinance 84-08 amending Chapter 14, providing for the designation of parallel parking and angle parking within the City of Moab. Councilman Hefner moved to adopt Ordinance 84-08 as read. The motion was seconded by Councilman Neal. Citizen Zeke Frances ques- tioned whether public hearings will have to be held now to have ang ie parking, since Or- dinance 84-08 states all parking within the City will be parallel. Chief Ison clarified that technically the City has no legal angle parking within the City. He added that only after the map is established and public hearings are held can any parking be changed to angle. The motion carried unanimously by roll -call vote. ORDINANCE 84-06 AN ORDINANCE :SETTING THE cSAUARY FOR THE POSITION OF CITY TREASURER: WHEREAS, elected and statutory officers should be fairly compensated for their time and ex- penses, NOW THEREFORE, BE IT ORDAINED that the yearly compensation foz the position of City Treasurer shall be $15,912.00 annually. Grade 14, Step 1. THIS ORDINANCE shall become effective on the 23rd day of February, 1984. PASSED this 20th day of March, 1984. /s/ Thomas A. Stocks Mayor ATTEST: ORDINANCE 84-08 PROVIDING FOR ANGLE AND PARALLEL PARKING ORDINANCE 84-06 /s/ Raymond E. PENE City Recorder 4 7.0 ORDINANCE 84-07 ORDINANCE 84-08 ORDINANCE 84-07 AN ORDINANCE _PROVIDING _FOR ;PROCEDURES IN ESTAB- LISHING DISABLED PARKING REGULATIONS AND FOR ENFORCEMENT OF DISABLED PARKING REGULATIONS. PREAMBLE WHEREAS, the Governing Body of the City of Moab finds that the public health, welfare and safety requires that parking privileges be available to disabled persons as defined in Section 41-1-49.8 of the Utah Code Annotated 1953, as amended, BE IT ORDAINED by the City Council of the City of Moab that: Section 1: Disabled parking zones shall be established and enforced within the City of Moab as follows: (a) Disabled parking zones shall be provided in such locations in the City of Moab as may be recomended by the City Engineer and ordained by the City Council following Public hearing. The City Engineer shall prepare and maintain a master disabled parking map which shall show all disabled parking zones within the City, which map shall be refered to and modified by all ordinances establishing or disestablish- ing disabled parking zones. Said master disabled parking map may be the same map as the master parking map providing for parallel and angle parking. Any designation which includes a por- tion of a state highway shall also be approved by the State Department of Transportation. (b) Any disabled person as defined in Section 41-1-49.8 of the Utah Code Annotated 1953, as amended and as hereinafter amended, shall be allowed to park a .imotor vehicle for reason- able periods without charge in metered parking zones and restricted parking areas other than those available for emergency use in a manner as to allow proper access to the automobile by the disabled person. Only those vehicles carrying distinctive (logo) handicapped license plates shall be allowed to park in publicly owned parking zones reserved for the handi- capped. All other vehicles shall be subjected to an infraction for improper parking. Section 2: Effective Date. This ordinance shall become effective immedi- ately upon publication. PASSED AND APPROVED by a majority vote of the Moab City Council this 20th day of March, 1984. ATTEST: /s/ Raymond E. Pene City Recorder /s/ Thomas A. Stocks Mayor ORDINANCE 84-08 AN ORDINANCE AMENDING CHAPTER 14 PROVIDING FOR THE DESIGNATION OF PARALLEL AND ANGLE PARK- ING WITHIN THE CITY OF MOAB. PREAMBLE 47 I, WHEREAS, the Governing Body of the City of ORDINANCE 84-08 cont. Moab finds that the City parking ordinance should be updated to conform with state law and that parallel and angle parking zones should be more clearly designated in the City, BE IT ORDAINED by the City Council of the City of Moab that: Section l: Amendment to "Schedule 2. Angle Parking" of Section 14-15. Schedules; Moab City Code 1965. Schedule 2. Angle parking of Section 14-15 of the Moab City Code 1965 is hereby repealed and amended to read as follows: Schedule 2. Angle Parking (a) All parking within the City of Moab shall be parallel except as may by ordinance following public hearing be designated as angle parking, provided that angle parking shall not be permitted on any state highway without Gw the permission of the State Department of Trans- portation. ` (b) The City engineer shall prepare and maintain a master parking map which shall show all designated parking zones within the City which map shall be referred to and modified by all ordinances establishing or disestablish- ing angle parking zones. Section 2: Effective Date This ordinance shall become effective immediately upon publication. PASSED AND APPROVED by a majority vote of the Moab City Council this 20th day of March, 1984. /s/ Thomas A. Stocks Mayor /s/ Raymond E. Pene Recorder Mayor Stocks asked that the Mayor and Recorder RELEASE OF ARCHES be authorized to release the property upon SUBDIVISION the satisfaction of a concrete line drainage ditch down the easement being accepted by Dick Cozzens and Gene Carey. Councilman Hefner moved to authorize the Mayor to handle the matter. The motion was seconded by Councilman Neal and carried unanimously. For final approval by the Council were three APPROVAL OF PLANNING requests for Conditional Use Home Occupations COMMISSION ACTIVITIES as follows: A. Lynn Jackson, 296 Hobbs street (R-2 zone) to provide geologic graphics and design service; Larry Ing, 425 Park Drive (R-2 zone) to operate an electrical repair shop; and Betty Scarlett, 406 West Fourth North (R-2 zone) to groom small dogs. Councilman Hefner moved to accept the recommendation of the Plan- ning Commission and approve the requests. The motion was seconded by Councilman McDougald and carried unanimously. Mayor Stocks explained that Spanish Valley REQUEST FROM SVW & SID Water and Sewer Improvement District has re- FOR ABATEMENT OF TRAILER quested to be allowed to notify the City of COURT VACANCIES vacancies in trailer courts and abate the sewage fells as the City does. Councilman McDougald moved that the policy of the City be the same 472 APPROVAL OF THE BILLS ADJOURNMENT for the District. The motion was seconded by Councilman N,al and carried unanimoulsy. Councilman Murphy moved the bills be paid in the amount of $78,734.94. The motion was second- ed by Councilman Neal. Mayor Stocks asked that the bill from Bob's Sanitation in the amount of $18,079.26 and Engineer Keogh's bill in the amount of $1,278.40 be included in the approval. Councilman Murphy restated his motion to pay the bills in the amount of $98,092.60. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. Mayor Stocks mentioned that Mayor James Davis of South Salt Lake City and Mayor Muir and their attorneys will be in Moab this coming Thursday and Friday. He suggested a Friday luncheon and informed Council that they will be notified of the location of the luncheon. Councilman Hefner moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned by unanimous consent at 9:13 p.m. omas A. Stocks Mayor ATTEST: Rand E. Pene City recorder Sr CITY COUNCIL SPECIAL JOINT MEETING WITH GRAND COUNTY COMMISSION March 22, 1984 SPECIAL MEETING A special meeting of the Grand County Commission AND ATTENDANCE and the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse. Attending were Commissioners Ing and Walker, Councilmen Warner, Murphy and McDou- gald, Mayor Stocks, Clerk Domenick, Secretary Rees and Secretary Harding and 28 citizens. The purpose of the meeting was to discuss the four Community Development Block Grant requests submitted for consideration. Commissioner Ing called the meeting to order at 7:07 p.m. PURPOSE OF MEETING Commissioner Ing stated that funds for Community TO DISCUSS COMMUNITY Development Block Grants were first approved DEVELOPMENT BLOCK in 1982. Projects receiving the funding must GRANT REQUESTS benefit primarily low and moderate income resi- dents, eliminate social or economic problems and meet the health and welfare needs of the community. This year is the first time the funds can be used by businesses for economic development projects. The first request reviewed was for $56,434 grant to the Moab Hanbdicapped Organization to be used to purchase equipment and furnish the new Adult Handicapped Training Center. The Adult Handicapped Organization received the grant last year to construct a new building, but did not have funds to purchase equipment and furnish the building. 47g The second request reviewed was for $75,000 COMMUNITY DEVELOPMENT grant to the Moab Handicapped Organization BLOCK GRANT REQUESTS to construct a pre-school facility for function- CONTINUED ally disabled children. This request will bene- fit low and moderate income persons. The third request reviewed was for $100,000 loan to Specialized Mine Services to establish a second production line at the firm's planned coal briquette plant in Thompson. Mr. Russ Madsen estimated that the project would provide about 25 jobs during the construction phase with about 30 permanent employees. Mr. Madsen stated that the market demands will far exceed the single production line planned. Mr. Madsen stated the company would pay interest and repay the loan within two years. The final request reviewed was for $65,000 grant to the Fruitgrowers Cooperative to be used to construct a fruit juice processing plant. The operation will employ about 20 work- ers the first year, eventually expanding to about 80 permanent positions. UCommissioner Ing commented that the County W expects to receive approximately $65,180 in W Block Grant allocations this year. She expressed her feeling that the funds should be given in the form of a grant this year to allow the County to set up their loan guidelines and process. After discussing each request, Councilman Murphy moved the City Council support the Canyonlands Fruitgrowers Cooperative reasoning that the development of agricultural industry is not dependent upon the movement of the metals mar- ket, that it will lead to development and in- creases in land value, it will enable families to supplement their incomes and create employ- ment opportunities. The motion was amended by Councilman Warner to include the priorities: 1) Canyonlands Fruitgrowers Cooperative, 2) Specialized Mine Services, 3) Adult Handicapped Organization and 4) Pre -School Handicapped Organization. The amendment was seconded by Councilman Murphy and carried unanimously by the three Councilmen in attendance. Commissioner Walker moved to prioritize the requests as follows: 1)Specialized Mine Services 2) Canyonlands Fruitgrowers Cooperative, 3) Adult Handicapped Organization and 4) Pre -School Handicapped Organization. The motion was second- ed by Commissioner Ing but was defeated, Commis- sioner Ing voting against the motion. Councilman Murphy moved the meeting be adjourned with Councilman McDougald seconding the motion, which carried unanimously. Commissioner Walker moved the Commission meeting be adjourned with Commissioner Ing seconding the motion, which carried unanimously. The meeting was adjourned at 8:56 p.m. ATTEST: ome- Rayfnond E. Pene City Recorder Thomas A. Stoc cFs Mayor COUNCIL PRIORITIZES REQUESTS COMMISSION PRIORITIZES REQUESTS COUNCIL ADJOURNMENT COMMISSION ADJOURNMENT 4 T4 REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES APPROVAL TO EXTEND WILLIAMS WAY REQUEST TO USE NEW CITY PARK RESOLUTION 03-84 REQUEST FOR CARNIVAL LICENSE - GREAT WESTERN CARNIVAL COMPANY CITY COUNCIL April 3, 1984 A regularly scheduled meeting of the Moab City Council was held on the above date int tdak City Council Chambers of the Grand County Courthouse. Attending were Councilmen Warner, Murphy, Neal and McDougald. Councilman Hefner was absent due to business. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, Engineer Keogh, Superintendent Leech, Deputy Recorder Rees, the media and 3 citizens. Mayor Stocks called the meeting to order at 8:11 p.m.; Coun- cilman Neal lead the Pledge of Allegiance and Councilman McDougald offered the Invocation. Councilman Warner moved the minutes of the March 20, 1984 meeting be approved as presented. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal moved the minutes of the Special Joint Meeting of March 22, 1984 be approved as presented. The motion was seconded by Councilman Murphy and carried unanimously. Engineer Keogh informed Council that his estim- ated total cost of completion of Williams Way is $113,390.00. Council discussed the cost of completion of the road and the proposed sidewalk. Engineer Keogh stated the west end of the sidewalk could be armour coat at an approximate cost of $424.00 and the rest of the sidewalk would be paved in with the east roadway. After further discussion, it was esti- mated that if all phases of the project are compieGdd, the amount budgeted will be about $574.00 short. Councilman Warner moved not to consider the west sidewalk expense until budget funds are available. The motion was seconded by Councilman Neal. After further discussion, Councilman McDougald amended the motion to eliminate items 5 and 7 concerning sidewalk costs. The amendment was seconded by Councilman Murphy and carried unanimously. The original motion also carried unanimously by roll -call vote. Councilman Neal moved that Williams Way be finished with hot mix rather thanb armour coat, as hot mix lasts approxi- mately five times longer. The motion was second- ed by Councilman Murphy and carried unanimously by roll -call vote. Councilman McDougald moved to finish Williams Way with the additional costs as presented by Engineer Keogh. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Mrs. Sue Cook requested the use of the City Park on May 5, 1984 from 9:00 a.m. to 3:00 p.m. for a Grand District Cub Scout Fair. Coun- cilman Warner moved to allow the Cub Scouts to use the park as requested. The motion was seconded by Councilman McDougald ,and carded unanimously. Resolution 03-84 is a resolution designating bank depositories for the City of Moab. Recorder Pene read the resolution. Councilman Warner moved to adopt Resolution 03-84 as presented. The motion was seconded by Councilman Neal and carried unanimously. The Council recieved a request for a carnival license for the Great Western Carnival Company to hold a carnival in the City of Moab June 20, 1984 through June 23, 1984. Councilman Neal moved to grant the request. The motion 47'. was seconded by Councilman McDougald. Councilman REQUEST FOR CARNIVAL McDougald then amended the motion to include LICENSE CONTINUED "with proper zoning". The amendment was seconded by Councilman Neal and carried unanimously. The Council then voted on the original motion, which carried unanimously. After brief discussion regarding the golf course lease, Councilman Murphy moved to table the matter pending Attorney Mortensen's advise. The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks informed the Council that Spanish Valley Water and Sewer Conservancy District has contracted their meter reading out at the rate of $150.00 per month plus $.26 per mile. He further stated that six City employees are used to read the meters for at least two days each month, adding that these employees could be better used elsewhere. After discussion, OP3Council` requested' that Mayor Stocks prepare O 0 some figures and anticipated costs for contract- C.) ing the meter reading. W W Ordinance 84-05 is an ordinance returning unused property on the Williams Way road to the pro- perty owners. Recorder Pene read Ordinance 84-05. Councilman Neal moved to adopt Ordinance 84-05 as read. The motion was seconded by Coun- cilman McDougald and carried unanimously. Mrs. Virginia Johnson appeared before Council to request that the City install a fence between Williams Way and her trailer court.She stated the City had agreed to construct the fence in 1961 in lieu of the property donated by she and her husband for the roadway. She pre- sented copies of the minutes from that time, although the minutes did not indicate a final vote. The Council agreed to consider the matter. Mayor Stocks reported that the City's insurance would not be bid this year, but should be re- viewed annually by Council and will be MI& every three years to enable the City to receive a better price. He also reported that the Utah League of Cities and Towns Road School will be held in Provo, Utah on May 9, 10, and 11, 1984. Councilman Warner reported that the committee to update the Policies and Procedures Manual have held their first meetings. The committee is also considering the recommendations from Book Publishing Company regarding the City Ordinances. He also mentioned illegally parked mobile homes and requested that the Building Inspector look into the matters. Councilman Warner also mentioned that Specialized Mine Services have withdrawn their request for Com- munity Development Block Grant Funds. Councilman Neal commented that Fire Chief Black recommends that all fire hydrants should be checked at least twice yearly for flow pres- sure. Superintendent Leech responded that his crews check the hydrants and clean them at least yearly. Councilman McDougald reported he had met with Spanish Valley Water and Sewer Improvement District officials and Superintendent Leech and Larry Johnson regarding the possible use of the Corbin Well for the development surround - RENEWAL OF GOLF COURSE LEASE TABLED DISCUSSION REGARDING CONTRACTING METER READING ORDINANCE 84-05 RETURN- ING UNUSED PROPERTY TO WILLIAMS WAY PROPERTY OWNERS VIRGINIA JOHNSONS REQUEST FOR FENCE COUNCIL REPORTS 4-7 6 APPROVAL OF THE BILLS ADJOURNMENT REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES COUNCIL REPORTS ing the Golf Course as the well is not being used very often. He also reported on the Chamber of Commerce -Clean-up Campaign, stating they will contact the City for help. Mayor Stocks also reported that Adult Handicapp- ed group held_ the groundbreaking for their new facility and have requested an abatement of the connection fees for water and sewer. Councilman Murphy moved to pay the bills in the amount of $63,215.20, including $700.00 for contract park maintenance. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. Councilman Neal moved the meeting be adjourned with Councilman McDougald seconding the motion. The meeting was adjourned by unanimous consent at 10:17 p.m. Thomas A. Stocks Mayor CITY COUNCIL April 17, 1984 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Hefner, Neal, Warner, McDougald and Murphy. Also attending Were Mayor Stocks, Recorder Pene, Engineer Keogh, Chief Ison, Superintendent Leech, Deputy Recorder Rees, the media and 20 citizens. Mayor Stocks called the meeting to order at 8:12 p.m.; Councilman Neal lead the Pledge of Allegiance and Council- man Hefner offered the Invocation. Councilman Neal moved the minutes of the meeting of April 3, 1984 be accepted as presented. The motion was seconded by Councilman Warner and carried unanimously. Councilman Warner reported the committee is progressing well on the update of the Personnel Policy Manual. He questioned the status of illegally parked mobile homes in the City, noting that one has been removed, leaving two illegally parked trailers. He also asked if the public hearing on the parking map will be on the agenda for May 1, 1984. He was informed it will be. Councilman Neal reported he had attended the Grand County Economic Development meeting and gave a brief synopsis of the meeting. Councilman Hefner apologized for not being able to attend the last couple of meet'ingsdue to business. He commended the Street Department on the jobs they have completed. He also re- quested the Council's permission to use his horses and carriages during the Easter weekend as an added tourist attraction and taxi service. 417 There were no objections from Council. Councilman McDougald reported Spanish Valley Water and Sewer Improvement District has recent- ly let a contract to extend the lines in the upper valley and the leak in the dam has been repaired. He added the District is also concern- ed that all wells in the valley are operable during the peak usage time. The final matter Councilman McDougald reported was the Chamber of Commerce clean-up campaign, stating the campaign is still in the planning stages. Engineer Keogh explained that Allen Drive is mapped on Plat "A" of Mountain View Subdivision dated May of 1956. The street was mapped out but never constructed. After discussion, Coun- cilman Neal moved to advertise and hold a public hearing regarding the matter on May 1, 1984. The motion was seconded by Councilman Hefner. The motion was amended to include avertising C7 for a public hearing on the abandonment of O Mountain View Subdivision Plat A-1. The amend- ment was accepted by Councilman Neal and Coun- C) cilman Hefner. The motion carried unanimously. 04 Mr. Robin Goff appeared before Council to re- quest permission to camp overnight in the Rotary Park. He explained the Price, Utah and Grand Junction, Colorado bicycle clubs are touring Potash and Arches by bicycle on Memorial Weekend and will need a place to camp on Saturday night. After discussion, Councilman Hefner moved to authorize the camping overnight with the pro- vision the families living near the park are contacted and restroom facilities are provided. The motion was seconded by Councilman Neal. Councilman McDougald stated he would like the Rotary Clubs assurance it was alright to use. the park. The motion was amended to include "with the approval of the Board of Directors of the Rotary Club". Councilman Neal accepted the amendment and the motion carried unanimously. Mr. George Lindenburg appeared before Council to request $2,000.00 for a six-month feasibility and planning study for a geological study area, the Center for Earth Studies. Mr. Lindenburg stated the Community Impact Board is asking for $2,000 cash to go along with his application to show the City is behind the effort. The matter was discussed by Council and citizens. Mayor Stocks stated that he did not feel the City could commit funds at this time. Councilman Warner moved to support the request for funding for the Center for Earth Studies. The motion was seconded by Councilman McDougald and was defeated by majority roll -call vote, Councilmen Neal and McDougald in favor of the motion and Councilmen Warner, Hefner and Murphy against the motion. Recorder Pene read the minutes of the Planning Commission meeting of April 10, 1984. For final approval by the Council were Conditional Home Use requests by Wayne Svehnoha, 755 Hillside Drive (R-2 zone) to sell antique and modern firearms; Nita Walston, 461 Cottonwood Lane (R-1 zone) to sell trampolines; and a request for a zone change for David J. Mackay, North Highway 160 (behind the Visitor's Center) to open a river trip business. The Planning Commis- sion recommended Mr. Mackay's request be denied. Also for final approval was a request for a Conditional Home Use Occupation from Keith ABANDONMENT OF ALLEN DRIVE DISCUSSED REQUEST FOR OVERNIGHT CAMPING PRIVILEGES AT ROTARY PARK REQUEST FOR PARTIAL FUNDING FOR CENTER FOR EARTH STUDIES APPROVAL OF PLANNING COMMISSION ACTIVITIES W. Svehnoha Nita Walson 478 HOLYOAK ZONE CHANGE REQUEST FOR CLASS I BEER LICENSE - Linda Hixon Holyoak, 241 West Center (R-3 zone) for a repair shop. This request was also denied, but the Planning Commission is recommending a zone change to C-2 for Ada Holyoak's property and Keith Holyoak's property. The final matter for approval was a request to build a water slide in the City Park from Kim Sessions of Estes Park, Colorado. Councilman Hefner moved to approve the recommendations of the Planning Commission through item 4. The motion was sec- onded by Councilman Neal and carried unanimously. Councilman Hefner then moved item 5, the request to build a water slide, be placed on the agenda May 1, 1984 for approval. The motion was second- ed by Councilman Warner and carried unanimously. Mrs. Linda Hixon appeared before Council to request approval of the Class I Beer License for the L'Rae Club. The license investigation has not been completed, but Mrs. Hixon requested approval in order to open her business and order beer. Mayor Stocks polled the Council as to their feelings regarding issuing the license pending the investigation and Mrs. Hixon meeting all the investigative require- ments. All members of Council expressed no objection. APPROVAL OF THE BILLS Councilman Murphy moved the bills be paid iin= Che amount of $89,628.34. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. The bill in the amount of $112.34 from Gift Shop Jewelers was withheld from payment. As there was no further business to come before Council, Councilman Warner moved the meeting be adjourned. The motion was seconded by Coun- cilman McDougald and carried unanimously. The meeting was adjourned at 10:11 p.m. ADJOURNMENT ATTE Ra Recorder ene omas A. StO115441 Mayor CITY COUNCIL May 1, 1984 REGULAR MEETING AND A regular meeting of the Moab City Council ATTENDANCE was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Neal, Murphy, Warner, Hefner and McDougald. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, Building Inspector Nordfelt, Attorney Mortensen, Superintendent Leech, Pool Supervisor Chatterton, Deputy Re- corder Rees, the media and 14 citizens. Mayor s Stockcalled the meeting to order at 8:14 p.m.; Councilman Neal lead the Pledge of Alleg- iance and Councilman Hefner offered the Invoca- tion. 479 As there were no corrections to the minutes APPROVAL OF THE MINUTES of April 17, 1984, Councilman Hefner moved to approve the minutes as presented. The motion was seconded by Councilman Neal and carried unanimously. Councilman Neal reported that Blanding, Utah willl be having a Jeep Safari in the near future. Councilman McDougald reported that the Clean-up Campaign will be held within the next two weeks. Mayor Stocks reported Councilman Murphy and Councilman McDougald will be attend- ing a hearing regarding the Community Develop- ment Block Grant requests in Salt Lake City on May 3, 1984. He also mentioned an award recently presented to the City for safe drinking water. Utilities Superintendent Leech commented that he is checking into putting "Entering Moab" signs on the outskirts of town to place the safe drinking signs on. Councilman Neal moved the Council adhere to the times allocated on the agenda totaling O 73 minutes and adjourn at 9:35 p.m. 'The motion was seconded by Councilman Murphy and carried by majority vote, Councilman Warner voting rS] against the motion. W As there were no citizens appearing regarding the abandonment of Allen Drive, Mayor Stocks called a special meeting of the Council on Wednesday, May 2, 1984 at 9:30 p.m. for the purpose of adopting the resolution to abandon Allen Drive and Mountain View Subdivision Plat A-1. COUNCIL REPORTS TIME OF ADJOURNMENT SET ABANDONMENT -OF ALLEN DRIVE Mr. Kim Sessions appeared before Council to PROPOSED WATER SLIDE present his proposal to build a water slide next to the City Pool on the eastern boundary. He explained the slide would be about 350 feet long, .5 feet in diameter with a 40 ft. tower. The slide will run the same hours as the pool. All costs incurred will be Mr. Session's and the land will be leased from the City, and the slide would become the City's property after 15 years. There was a great deal of dis- cussion regarding the proposal. Citizens Richard Bohannon and Larry Campbell commented that they were interested in building a water -slide but on private property. Other citizens ques- tioned the zoning and use of the poll bathhouse. Councilman McDougald moved to take the matter of the water slide under consideration for 15 days and bring it back to Council on May 15, 1984. The motion was seconded by Councilman Neal and carried by majority vote, Councilman Warner being opposed. Council also decided to advertise for two weeks for proposals to build a water slide. Recorder Pene read the legal descriptions of ZONE CHANGE ON HOLYOAK the property to be rezoned from R-3 to C-2. PROPERTY There were no citizens present regarding the matter. Councilman McDougald moved to have Attorney Mortensen draft an ordinance for adop- tion at the specially called meeting on May 2, 1984. The motion was seconded by Councilman Neal and carried unanimously. After discussion with citizens regarding the proposed parking, Councilman Warner moved to table the adoption of the parking map for two weeks. The motion was seconded by Councilman Murphy and carried by majority vote, Councilman McDougald being opposed. ADOPTION OF CITY PARKING MAP 480 MOTION TO EXTEND MEETING RESOLUTION 04-84 As it was 9:35 p.m. and there were matters on the agenda that had not been discussed, Councilman Hefner moved to extend the meeting past the previous adjournment time as long as it takes to complete the business at hand. The motion was seconded by Councilman Murphy and carried unanimously. Resolution 04-84 is a resolution extending the Lignell Option Agreement an additional 180 days. The resolution was read by Recorder Pene. Councilman Murphy moved to adopt Resol- ution 04-84 with the provision that one Council- man and one Commissioner be members of the Board of Directors of the Moab Golf and Country Club. The motion was seconded by Councilman Hefner and was defeated by majority vote, Coun- cilmen Warner, Neal and McDougald voting against the motion. Councilman Neal then moved to adopt Resolution 04-84 as presented. The motion was seconded by Councilman McDougald and carried by majority vote, Councilman Murphy being oppos- ed. RESOLUTION 04-84 At the regular meeting of the Moab City Council held on the 1st day of May, 1984 at 8:00 p.m. o'clock at the Courthouse in the Council Cham- bers, the following Resolution was duly made, seconded, and passed by a vote of a majority of the quorum then present: WHEREAS, the City entered into a certain Option Agreement on the 16th day of September, 1983 and executed by the City on the 4th day of November, 1983, by and between the Moab Community Development Agency (an independent agency creatd by the City of Moab and the County of Grand, political subdivisions of the State of Utah, pursuant to the Interlocal Cooperative Act), the Arches Golf Club Associates, or their assignee, and the City of Moab (a city of the Third Class organized under the laws of the State of Utah, located in Grand County, State of Utah), and WHEREAS, the City, by the Optionee and the Agency, has been requested to join in an extension of the option for One Hundred Eighty (180) days, NOW THEREFORE, BE IT RESOLVED: That the Option Agreement entered into on behalf of the City of Moab on the 16th day of September, 1983 and executed by the City on the 4th day of November, 1983, by and between the Moab Community Development Agency (an indep- endent agency created by the City of Moab and the County of Grand, political subdivisions of the State of Utah, pursuant to the Interlocal Cooperative Act), the Arches Golf Club Assoc- iates, or their assignee, and the City of Moab (a city of the Third Class organized under the laws of the State of Utah, located in Grand County, State of Utah), be extended pursuant to the terms of Article IV thereof for an addit- ional 180 days from May 4, 1984 to November 4, 1984. DONE IN COUNCIL THIS 1st day of May, 1984. The vote on this resolution is as follows: 481 Aye votes: /s/ William D. McDougald /s/ EtWardt T. Neal /s/ William J. Murphy /s/ Terry Warner /s/ Sheldon L. Hefner ATTEST: /s/ Sharren S. Rees Deputy Recorder Mayor Stocks informed the Council that the APPOINTMENT OF PLANNING City is presently advertising for interested COMMISSION MEMBER TABLED persons to apply for consideration and an ap- pointment will be made later. Mayor Stocks informed the Council he had hired APPOINTMENT OF POOL Stephanie Chatterton as manager of the swim MANAGER M center. Councilman Neal moved to approve Mrs. p Chatterton as pool supervisor. The motion was ri seconded by Councilman Hefner and carried unani- C.) mously. Mayor Stocks stated that Mrs. Chatterton W held a Bachelor's Degree in recreational manage- ment from BYU. Laurie Wright appeared before Council to clarify LAURIE WRIGHT REGARDING some aspects of the Red Cross requirements RED CROSS for the pool and pool employees. She also sub- mitted a request for $1,850 to be used to purchase 5,000 sandbags. Ms. Wright stated a similar request will be presented to the County Commission. Councilman Murphy moved the bills be approved APPROVAL OF THE BILLS for payment in the amount of $73,984.45. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Councilman Neal moved the meeting be adjourned. ADJOURNMENT The motion was seconded by Councilman Murphy and carried unanimously. The meeting was adj- ourned at 10:25 p.m. ATTEST: id ene City recorder Sr Mayor CITY COUNCIL May 2, 1984 A�special meeting of the Moab City Council was held on the above date in the Council Chambers of the Grand County Courthouse for the purpose of adopting Resolution 06-84, Ordinance 84-09 and approving a beer license. Attending were Councilmen Warner, Hefner, Neal, McDougald SPECIAL MEETING AND ATTENDANCE ADJOURNMENT . ORDINANCE 84-09 REZONING HOLYOAK PROPERTY and Murphy. Also attending were Mayor Stocks, Recorder Pene, Attorney Mortensen, Deputy Rec- order Rees and 6 citizens. Mayor Stocks called the meeting to order at 9:40 p.m. and the Invoc- ation was offered by Councilman McDougald. Ordinance 84-09 is an ordinance rezoning Ada Holyoak's and Keith Holyoak's property from g-2 to C-3. Recorder Pene read Ordinance 84-09. There were no citizens present concerning the matter. Councilman McDougald moved to adopt Ordinance 84-09 as read. The motion was seconded by Councilman Murphy and carried unanimously. RESOLUTION 06-84 Resolution 06-84 is a resolution abandoning ABANDONING ALLEN a non-existant street in Mountain View Subdivi- DRIVE sion known as Allen Drive. Resolution 06-84 was read by Deputy Recorder Rees and one typo- graphical error was pointed out. Councilman Hefner moved to adopt Resolution 06-84 as read. The motion was seconded by Councilman Warner and carried unanimously. PETITION TO VACATE Deputy Recorder Rees read the petition to vacate SUBDIVISION PLAT Mountain View Subdivision Plat A-1 and the Order Vacating Mountain View Subdivision Plat A-1. Mayor Stocks pointed out that the order vacating the plat could not be signed until the petition was signed by the petitioners. Councilman McDougald moved the Order to Vacate Subdivision be signed only after the signatures of the petitioners are affixed to the Petition to Vacate. The motion was seconded by Councilman Hefner and carried unanimously. It was noted that the only petitioners to sign the petition will be John and Rachel McDonald. APPROVAL OF CLASS I As this matter had been discussed by Council BEER LICENSE - HIXON previously, Councilman McDougald moved the license be granted to the L'Rae under the name of Linda Hixon as the requirments Kere met and the investigation complete. The motion was seconded by Councilman Neal. Councilman McDougald stated the Class I license is the best controlled license the City issues, further adding the location of the L'Rae was a previous- ly licensed location build specifically for a bar. Citizen Darlene Nelson questioned the Council as to how far from a public school the bar is located. Councilman McDougald stated he thought the legal requirement was 300 feet and added that if the location was too close to the school under State Law, the license would be withdrawn. Councilman Murphy called for the question and the motion carried unani- mously. As there was no further business to come before the Council, Councilman Neal moved to adjourn. The motion was seconded by Councilman Warner and carried unanimously. The meeting was ad- journed at 10:06 p.m. ATTEST: n. ene Recorder omas A. Stocks Mayor Sr 483 CITY COUNCIL May 15, 1984 A regular meeting of the Moab City Council REGULAR MEETING AND was held on the above date in the Council Cham- ATTENDANCE bers of the Grand County Courthouse. Attending were Councilmen Murphy, Warner, Hefner, Neal and McDougald. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, Engineer Keogh, Attorney Mortensen, Superintendent Leech, Build- ing Inspector Nordfelt, Pool Supervisor Chat- terton, Deputy Recorder Rees, the media and nine citizens. Mayor Stocks called the meeting to order at 8:11 p.m.; Councilman Neal lead the Pledge of Allegiance and Councilman McDou- gald offered the Invocation. Mayor Stocks mentioned a correction to the APPROVAL OF THE MINUTES minutes of May 1, 1984 on page 2 regarding Resolution 04-84 changing Murphy to McDougald as being opposed to the motion. Councilman Neal moved the minutes be approved as corrected. e-1 The motion was seconded by Councilman Hefner U and carried unanimously. Councilman Warner moved the minutes of the special meeting of DO May 2, 1984 be approved as presented with the addition of Rachel McDonald's name on page 1, paragraph 4. The motion was seconded by Councilman Neal and carried unanimously. As there was no public comment on this matter, DECISION REGARDING Councilman Murphy moved to give Mr. Kim Sessions WATER SLIDE the go-ahead to put in a water slide at the City Park with the stipulation the City Council must approve the contract and ,lease and Mr. Sessions must provide his own insurance. The motion was seconded by Councilman Neal who stipulated there would be no liability to the City for the removal of the slide. There was some discussion regarding the slide afterwhich the motion carried unanimously. Councilman Warner moved the Council accept APPROVAL OF THE PARKING the parking map as proposed at the last meeting. MAP The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks read the proposed fees, including APPROVAL OF 1984 SWIM the swim lessons and swim team fees. The fees POOL FEES for daily admission are: Daily: $1.00 adults; $.75 students 12-18; $.50 student 5-11 and senior citizens and under 5 free. The season passes are as follows: $40.00 family; $27.00 adult 18 and up; $24.00 child 17 and under; $20.00 Senior Citizens. Councilman Hefner moved to accept the fee schedule in its entirity with the exception of higher non-resident fees and set the amount of senior citizen passes at $10.00. The motion was seconded by Councilman Neal. Councilman Warner made an amendment to the motion that there be no charge to senior citizens as there had not been in the past. The amendment was seconded by Councilman McDoug- ald. The amendment carried by majority vote, Councilmen Neal and Hefner being opposed. Coun- cilman Warner further amended the motion that there be no charge to the schools this year for the use of the pool. The motion was seconded by Councilman Murphy and the amendment carried unanimously. After some discussion, the original motion was carried unanimously by roll -call vote. The parents of the Swim Team members requested SWIM TEAM PARENTS REQUEST permission to operate a concession stand during TO OPERATE CONCESSION the pool grand opening on May 25, 1984. Council- STAND DURING GRAND OPENING -484 REQUEST FOR TRANSIENT MERCHANT LICENSE - KEITH JORGENSEN'S APPROVAL OF PLANNING COMMISSION ACTIVITIES H.W. Tatton REQUEST FOR FUNDS FOR RECREATION EVALUATION APPROVAL OF THE BILLS ADJOURNMENT SPECIAL MEETING AND ATTENDANCE man McDougald moved to honor their request and allow them to operate a concession stand. The motion was seconded by Councilman Murphy and carried unanimously. As the Police Department investigation has turned up no derogatory information regarding this business, Chief Ison recommended they be issued a license to operate a transient business out of City Market selling pianos and organs. Councilman Neal moved the Council issue a transient merchant license to Keigh Jorgensen's. The motion was seconded by Council- man Murphy and carried unanimously. The onl}ty matter for final approval by the City Council was a request from Hyrum Tatton, 308 Park Lane, R-2 zone, for a Conditional Home Use Occupation to operate a computer ser- vices business. Councilman Hefner moved to approve the Planning Commission's recommendation and approve the conditional use. The motion was seconded by Councilman McDougald and carried unanimously. Mr. Ron Pierce appeared before council to re- quest $500.00 to help defray costs of a rec- reational evaluation to be performed by BYU. After discussion, Councilman Hefner recommended the matter be placed on the agenda for the hearing regarding revenue sharing funds on May 23, 1984. Councilman Murphy moved the bills be paid in the amount of $125,465.34. The motion was sec- onded by Councilman Neal and carried unanimously by roll -call vote. As there was no further business before the Council, Councilman Warner moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned at 9:45 p.m. by unanimous consent. ATTEST: mon, ene ity recorder Sr omas toc s Mayor CITY COUNCIL SPECIAL MEETING May 23, 1984 A special meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse for the purpose of hearing public requests for fiscal year 1984/1984 Revenue Sharing Funds. Attending were Councilmen Murphy, Warner, and Neal. Also attending were Mayor Stocks, Recorder Pene, Superintendent Leech, Chief Ison, Deputy Record- er Rees, the media and 11 citizens. Mayor Stocks 485 called the meeting to order at 8:01 p.m.; Councilman Murphy lead the Pledge of Allegiance and Councilman Neal offered the Invocation. The first request for Revenue Sharing Funds REVENUE SHARING REQUESTS was from the Daughters of the Utah Pioneers. Mrs. Gwen Meador was spokeswoman for the group. Daughters of Utah Pioneer: She stated the DUP building was in serious need of a roof as it has termites. The DUP have $5,600 in their treasury toward the pro- ject. Their request was for $10,000. The second request for Revenue Sharing Funds was from Mr. Curtis Freeman and Mr. John West for the Moab Handicapped Organization. The organization needs to complete their new build- ing and are requesting $20,000. Mr. John Fogg appeared before Council on behalf of the Chamber of Commerce. He presented a request in the amount of $368.00 for the pur- chase of a four -drawer locking file cabinet 07 and a telephone answering machine. r4 Mr. Jim Walker representing the Boy Scouts V of America appeared to request new kitchen facilities and paneling in the Scouthouse on W Sundial Drive. The maount requested from Revenue Sharing Funds was $3,000.00. Mayor Stocks read a request from the Moab Museum Association for Revenue Sharing Funds in the amount of $1,000.00 for furnishing the new addition. Mr. Glen Richeson, representing the Grand County Ambulance Association, appeared before Council to request Revenue Sharing Funds in the amount of $25,000 for the construction of a two -stall garage for ambulances at the hospital. A final request from Grand District Boy Scouts of American (who do not use the Scouthouse) for Revenue Sharing Funds in the amount of $300.00. Chief Ison stated that two items for Revenue Sharing Funds not on the list were for Animal Control. The request is for $25,000 for an animal control facility and $500.00 for animal cages. As there was no further Revenue Sharing requests to come before Council, Councilman Neal moved the meeting be adjourned. The motion was second- ed by Councilman Murphy and carried unanimously. The meeting was adjourned at 8:55 p.m. ATTES Ra, /.n. E. Pene City recorder Sr omas tocks Mayor Moab Handicapped Organiz- ation Chamber of Commerce Boy Scouts of America Moab Museum Grand County Ambulance Association Grand District Boy Scouts Animal Control ADJOURNMENT 486 REGULAR MEETING AND ATTENDANCE APPROVAL OF THE MINUTES PUBLIC HEARING- FY 84/85 GENERAL FUND BUDGET & REVENUE SHARING REQUESTS TEN MINUTE RECESS CITY COUNCIL June 5, 1984 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Neal, Warner, McDougald and Murphy. Councilman Hefner was absent due to business. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, Utilities Superinten- dent Leech, Deputy Recorder rees, the media and 10 citizens. Mayor Stocks called the meeting to order at 8:00 p.m.; Councilman Neal lead the Pledge of allegiance and Councilman McDou- gald offered the Invocation. As there were no corrections to the minutes of the regular meeting of May 15, 1984, Council- man Neal moved to accept the minutes as prey sented. The motion was seconded by Councilman McDougald and carried unanimously. Councilman Murphy moved to accept the minutes of the spec- ial meeting of May 21, 1984 as presented. The motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks opened the public hearing for public comment. Grand County Clerk Domenick questioned Mayor Stocks as to how much Revenue Sharing money the City will receive. Mayor Stocks responded approximately $115,500. She also questioned the payment of $10,40 for the ballpark lights. Mayor Stocks responded that the payment will be made from the 83/84 budget. Requests for local organizations includ- ed: Daughters of the Utah Pioneers - $10,000; Moab Handicapped Organization - $20,000; Chamber of Commerce - $166; Boy Scouts of America - $3,000; Moab Museum - $1,000; Grand County Ambulance Association - $25,000; Birthing Room - $2,815; Grand District Boy Scouts - $300; Utility Assistance for Boy Scouts - $650; Golf Course - $20,000; Recreation Board - $5,500; Chamber of Commerce - $1,500; Community Aware- ness Support Alliance - $900; Moab Irrigation - $2,000; Bond Redemption - $49,000. City de- partments submitting requests: POLICE: Vehicles - $11,500; dictaphone logger - $2,750; phone system - $6,100; range improvments - $4,000; evidence lockers - $1,200; sheet cut feeder - $600; shredder - $825; 2 radios - $2,000. ANIMAL CONTROL: construction of animal control shelter - $25,000; cages - $500. STREETS: pickup truck $10,000; street sweeper - $79,000; paint striping machine - $30,000; water truck - $20,000; pneumatic ditch tamper - $2,000; diesel fuel pump - $1,000; and radio - $545. WATER/SEWER: one ton truck - $12,000; radio - $545; shed - $15,000; phone line - $3,000; fence - $5,000, and -meters - $6,000. SWIM POOL: storage shed - $10,800; paint for bleachers - $965; filter room improvements - $3,500. PARKS: wrought iron work - $1,500; roof for tables - $30,000; remodel bathhouse - $5,000, and sprayer - $5,500 (1/2 purchase with county). TOTAL REQUESTS: $488,650.00. The Revenue Sharing Requests were discussed by Council. At 9:45 p.m. Councilman Warner moved for an ten-minute recess. The motion was seconded by Councilman Neal and carried unanimously. The meeting was recessed for ten minutes. BACK TO ORDER The meeting was called back to order at 9:56 p.m. Councilman Warner stated that several 487 violations of State Law had occurred in pre- COUNCILMAN WARNER'S paration of the budget. He pointed out that COMMENTS the proposed budget should be available for review by Council by the first meeting in May. He also stated that state law requires the budget to be available for public inspection at least ten days prior to final adoption. The deadline for budget adoption is June 15, 1984. There was discussion and concern regarding meeting the budget deadline and conforming to state law. Councilman Warner also questioned why the Police Department was cut in several areas while other departments were increased from their original requests. The Council looked at the Police Department budget with salary figures for seven, eight and ten officers. The proposed General Fund Budget is as follows: PROPOSED GENERAL FUND BUDGET Judicial $ 3,350.00 Executive 14,810.00 M Administration 126,293.00 '..:) Building Inspection 13,650.00 r••l General Govt. Buildings 45,600.00 C.) Elections -0- W Planning 8,000.00 Flood Control 17,000.00 Animal Control 50,940.00 Streets 182,360.00 Sanitation 225,000.00 Parks 41,873.00 Swim Pool 64,487.00 Police 355,254.00 Councilman McDougald moved to advertise a Gen- eral Fund Budget in the amount of $1,221,348.00, and the Revenue Sharing Budget in the amount of $189,185.00. The motion was seconded by Councilman Murphy and carried by majority vote, Councilman Warner being opposed. Resolution 09-84 is a resolution creating the RESOLUTION 09-84 process for establishing a list of qualified establishing a list of applicants for police officers. Deputy Recorder qualified applicants Rees read the resolution. Councilman Warner for police officers moved to accept Resolution 09-84. The motion was seconded by Councilman Neal. During discus- sion, Chief Ison stated he felt the word "train- ing" should be removed from the phrase "proba- tionary training period". Councilman Neal moved to amend the motion regarding Resolution 09-84 to remove the word "training". The motion was seconded by Councilman McDougald and carried unanimously. The main motion also carried unani- mously. Resolution 10-84 is a resolution establishing RESOLUTION 10-84 a Moab City Resource Development Committee. ESTABLISHING MOAB CITY The resolution was read by Deputy Recorder RESOURCE DEVELOPMENT Rees. Councilman Murphy moved to adopt,Resolu- COMMITTEE tion 10-84. The motion was seconded by -Council- man Neal. Councilman Murphy submitted the names of Brad Govreau and Jim Sarten as proposed members of the Committee. After discussion, Councilman McDougald moved to amend the motion on item 6 regarding terms of appointments with two terms expiring 12/31/84 and three terms expiring 12/21/85. The motion was seconded by Councilman Murphy and carried unanimously.The main motion carried unanimously. A request had been made by Bob Burr of Provo, REQUEST FOR OVERNIGHT Utah to use the Old City Park for a church CAMPING IN OLD CITY group for overnight camping. After discussion, PARK DENIED Councilman McDougald moved not to allow the request on the basis that the park is not used 48 C.A.S.A. REQUEST TO BE PUT ON CITY LIABILITY INSURANCE APPROVAL TO HOLD RODEO PARADE APPROVAL TO ADVERTISE FOR PUBLIC HEARING REGARDING 1/8% LOCAL OPTION SALES AND USE TAX KEOGH'S REQUEST TO RAISE RETAINER TO $1,000 APPROVAL OF THE BILLS ADJOURNMENT SPECIAL MEETING AND ATTENDANCE for overnight camping and has an 11:00 p.m closing. The motion was seconded by Councilman Murphy and carried unanimously. C.A.S.A. personnel had requested to be put on the City's liability insurance, as they have no liability insurance on the premises they rent for the youth support group. After discussion, Councilman Warner moved to table the request until all ramifications can be checked out legally. The motion was seconded by Councilman Murphy and carried unanimously. A request to hold the Rodeo Parade on June 9, 1984 at 10:00 a.m. was presented. Councilman Warner moved to allow the parade. The motion was seconded by Councilman Murphy and carried unanimously. As the matter had been discussed earlier during the budget hearing, Councilman McDougald moved to advertise for a public hearing regarding the 1/8% Local Option Sales and Use Tax on June 26, 1984. The motion was seconded by Coun- cilman Murphy and carried unanimously.• Engineer Keogh had requested of the Council to raise his retainer from $300 per month to $1,000 per month. He stated his bills have been running in excess of the $1,000 amount and added that he would like to have more funds in his retirement account. Council was in agree- ment that the retainer could be raised. Councilman Murphy moved the bills be paid in the amount of $60,111.96. The motion was second- ed by Councilman Neal and carried unanimously by roll -call vote. Councilman Murphy moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned by unanimous consent at 3:25 a.m. ST: A ka . 'onr . Pene City Recorder Sr 47..6;?447 omas A. Stocks Mayor CITY COUNCIL SPECIAL MEETING June 9, 1984 A special meeting of the Moab City Council was held on the above date at the Ramada Inn Pancake and Dinner Haus at 7:00 a.m. the purpose of the meeting was to discuss or approve a beer license for the Rodeo Dance. Attending were Councilman Neal, Hefner, Warner and McDoug- ald. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, the media and citizens Ethel Crist, Jack DeWolfe and Brad Govreau. Mayor Stocks called the meeting to order at 7:12 a.m. and the Invocation was given by Jack 48'9 DeWolfe. Mayor Stocks introduced the Rodeo Committee RODEO COMMITTEE'S REQUES` member present, Ethel Crist. Mrs. Crist explain- TO SELL BEER AT RODEO ed the Rodeo Dance was being held in the Western DANCE DISCUSSED Plaza Barn. She stated the Rodeo Committee could use the revenue from beer sales at the dance, but didn't want to cause friction. Chief Ison explained that a separate dance license is required for a public dance according to City Ordinance Section 6-4 through 6-6 states it is illegal to bring beer into an open dance and Section 6-8 states the people holding the dance are responsible for drunkness. Mrs. Crist questioned whether the Council would shut down the dance. Members of the Council stated their feelings regarding the dance and request for beer license. Councilman McDougald moved to issue a temporary license for a dance but with- hold issuing a beer license. The motion was seconded by Councilman Hefner. The matter was VD discussed by Council and the citizens present afterwhich Councilman Warner called for the REQUEST DENIED r4 question. The motion carried unanimously. U =� Several matters pertaining to the budget were BUDGET MATTERS DISCUSSED WQ discussed, including funding request and Revenue Sharing Requests. There was also discussion regarding the budgets for the Police Department and comments from the citizens regarding pro- posed cutting of services in the Police Depart- ment. As there was no further business, Councilman ADJOURNMENT Warner moved to adjourn the meeting. The motion was seconded by Councilman McDougald and carried unanimously. The meeting was adjourned at 9:03 a.m. ATTEST: aymo ene City ecorder Sr CITY COUNCIL SPECIAL MEETING June 12, 1984 A specially called meeting of the Moab City Council was held on the above date in the Coun- cil Chambers of the Grand County Courthouse for the purpose of a public hearing regarding the FY 1984/85 budget. The meeting had origin- ally been scheduled for final adoption of the budget, but it was pointed out that the schedule did not meet the requirements of State Law for public review of a proposed budget for ten days prior to adoption. Final adoption of the budget for FY 84/85 is now scheduled for June 21, 1984. Attending were Councilman McDougald, Neal, Warner, Hefner and Murphy. Also attending were Mayor Stocks, Chief Ison, Utilities Superintendent Leech, Deputy Recorder Rees, the media and 19 citizens. Mayor Stocks SPECIAL MEETING AND ATTENDANCE 490 PUBLIC HEARING - FY 84/85 BUDGET AND REVENUE SHARING COUNCIL AGREES NOT TO BUDGET OVERTIME COUNTRY CLUB PRESIDENT REGARDING CUT IN GOLF COURSE FUNDING RECREATION BOARD REGARDING CUT IN FUNDING REQUEST FOR FUNDING TO BUILD STAGE AT OLD CITY PARK D.U.P MEMBERS APPEAR TO REQUEST FUNDING ADJOURNMENT called the meeting to order at 8:03 p.m.; Coun- cilman Murphy lead the Pledge of Allegiance and Councilman Neal offered the Invocation. Mayor Stocks stated the tenative budget for FY 84/85 as advertised by the City Council is $125,048 in the red. To balance the proposed budget, an across-the-board reduction of about 13% would be required. The Council discussed ways of cutting the budget. Councilman Murphy suggested that all City employee wages be frozen and overtime be eliminated. Councilman Warner pointed out that some overtime is necessary. Councilman McDougald added that the Council cannot budget precisly for overtime, as there is no way of determining how much will be re- quired. The Council agreed not to budget an amount for overtime in each department. Council- man Hefner suggested the departmental budgets be returned to the department heads to reduce proposed expenditures by 10%. Councilman McDougald suggested that the Council may have to increase the mill levy. Council - members expressed their reluctance to raise taxes, although agreeing to reconsider the enactment of the 1/8% Local Option Sales and Use Tax. Councilman Murphy moved not to budget $37,500 for overtime. The motion was seconded by Councilman McDougald and carried unanimously. Members of the Moab County Club Board of Direc- tors were in attendance at the meeting to ques- tion why their request for funding in the amount of $20,000 had been cut to $10,000. Board Pres- ident Glen Richeson pointed out that the Country Club returns approximately $15,000 to the City in water pumping charges, adding that the Coun- try Club will not be able to meet their budget if the funding is not received. Councilman McDougald asked to see a budget from the Country Club. It was ,agreed that the Board of Directors will appear before Council with their budget at the June 19, 1984 meeting. Glen Richeson, representing the Recreation, Board, questioned a proposed $1,500 cut in the Recreation Board's funding request. He asked that, if the City did cut their request, the water fees for June, July and August be waived. The water bills waived would be approx- imately $900. 1 Mr. Joe Sorrenson appeared befo\re Council to request between $1,000 and $1,500 for materials to construct a stage at the Old City Park. He added that the stage would be build with volunteer labor. Members of the Council express- ed interest in the proposition. Mr. Sorrenson will return to Council with firmer figures at the June 19, 1984 meeting. Members of the Daughters of the Utah Pioneers appeared before Council to again request funding in any amount the Council could give them for repasring their roof and treating the termites. Mayor Stock stated that $5,000 had been allocat- ed in the proposed budget. After further budgetary discussion, Councilman Neal moved the meeting be adjourned. The motion was seconded by Councilman Murphy and carried unanimously. The meeting was adjourned at 10.03 p.m. ATTEST: nta omas A. Stocks, Mayor 491 49 C.) ;s.7 is7 CITY COUNCIL June 19, 1984 A regular meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Warner, Neal and McDougald. Also attending were Mayor Stocks, Recorder Pene, Chief Ison, Utilities Superintendent Leech, Engineer Keogh, Building Inspec or Nord - felt, Attorney Mortensen, Deputy Recorder Rees, the media and approximately 30 citizens. Mayor Stocks called the meeting to order at 8:20 p.m.; Councilman Neal lead the Pledge of Alleg- iance and Councilman McDougald offered the Invocation. Councilman Neal reported that he had received several complaints regarding the disregard to safety of some bicycle riders and questioned Chief Ison if there was any measures that could be taken. Councilman Warner reported he had received an anonymous phone call regarding an employees misuse of a City vehicle. Mayor Stocks stated he would look into the matter. Members of the Moab Golf and Country Club ap- peared before Council to discuss their request for Revenue Sharing Funds in the amount of $5,000 and General Fund contribution request in the amount of $15,000. The Council had adver- tised to fund the Golf Course in the amount of $15,000. Glen Richeson stated the Golf Course returned the $15,000 to the City in pumping charges and, as the Golf Course is in the middle of their budget year, won't be able to pay the pumping costs if they do not receive the $15,000 requested. There followed a discussion regarding the amount of water the Golf Course pumps from Well #6. Councilmembers stated they would look into the budget to see if there is any way to fund the Golf Course for the total amount requested. Mayor Stocks stated he did not have the names ready to submit to Council on the appointments to the Moab Resource Development Committee at this time. Mayor Stocks commented that there are two con- firmed vacancies and possibly one more vacancy on the Planning Commission. Councilman Warner questioned how many applications for positions on the Planning Commission had been received. He further suggested all appointments to the Commission be postponed until it is known how many vacancies there will be. Mr. Lynn Izatt appeared before Council to re- quest a business license for carriage rides and chuckwagon dinner. Chief Ison informed the Council that there is a City Ordinance against livestock on City Streets. Section 4-23 of the Animal Control Ordinance (Chapter 4 of the City Code) states: It shall be unlawfulfor any person to drive any domestic animal or livestock through or upon any public thoroughfare of the City. REGULAR MEETING AND ATTENDANCE COUNCIL REPORTS GOLF COURSE BOARD BUDGET REQUEST APPOINTMENTS POSTPONED TO MOAB CITY RESOURCE DEVELOPMENT COMMITTEE APPOINTMENTS TO PLANNING COMMISSION REQUEST FOR BUSINESS LICENSE TO OPERATE CARRIAGE RIDES AND CHUCKWAGON DINNER BUSI- NESS 492 Chief Ison suggested an addendum to the ordin- ance to add "by approval of City Council and with proper license or permit". Mayor Stocks recommended advertising to change the ordinance to allow carriage ride businesses, as there is another request for a license. Council ques- tioned Mr. ITatt as to how he would cleanup after the horse_ and the route the carriages would take. Councilman McDougald moved to adver- tise a public hearing for the purpose of chang- ing the Animal Control Ordinance to allow for carriage businesses. The motion was seconded by Councilman Neal and carried unanimously by the three Councilmen in attendance. REQUEST FOR LICENSE Mayor Stocks stated this request would also TO SELL FIREWORKS - be a transient merchant license, adding that GALAXY DISTRIBUTING the City never sees any funds collected as taxes for many of the transient merchants. He suggested setting a minimum of $25-50 as sales tax amount for transient merchants. Re- corder Pene also mentioned the transient license fee is only $10.00 and recommended that license fee be raised. After discussion regarding the state statutes governing fireworks, Councilman Neal moved to approve the request for a license for Galaxy Distributing to sell fireworks if a transient bond is in place and subject to the approval of Fire Chief Troy Black. The motion was seconded by Councilman McDougald then amended by Councilman Warner to add that a written response would be required from Chief Black stating his approval. The amendment was seconded by Councilman Neal and carried unani- mously. The motion, with the amendment, carried unanimously. BUDGET REQUESTS Mr. John West of the Moab Handicapped Training Moab Handicapped Center appeared before Council to reiterate their reuqest for $6,500 for furnishings and floor coverings at the new center. Ms. Luanne Sorrenson also appeared before Council to re- quest funding for materials only to build a stage at the Old City Park. She presented let- ters in support of building the stage. The amount requested for building the stage is $1,927 or an additional $200 if the front of the stage is to be faced. members of Council stated they would take both requests under advisement. Old City Park Stage STEVE KENNEDY THANKS COUNCIL FOR MAP DONATION Mr. Steve Kennedy briefly appeared before Coun- cil to thank the City for the donation of $8,977 to the Moab Area Promotion. He stated that 21,000 copies of the Moab Book have been mailed out and responses are coming in at about 100 a day. CITIZENS REGARDING Several citizens were in attendance to protest PLANNING COMMISSION the activities of the Planning Commission in ACTIVITIES approving a request from David McKay to park river trip equipment near the area of the Vis- itor's Center. Mayor Stocks informed the group that the action of the Planning Commission will be advertised for two weeks before the Council gives final approval. Mr. Benge and Mr. Rugerri questioned the legality of the Commissions vote of 2 for and 1 against, asking if 3 members of a five member commission consti- tuted a majority vote. Citizens also questioned how many times the same request can go before the Planning Commission. There was a great deal of discussion regarding Mr. McKay's request and the Planning Commission. It was stated that members of the Planning Commission should abstain from voting on matters of conflict of interest. 493 Councilman McDougald stated he felt the Council ADDITIONAL BUDGET should have a meeting tomorrow on the budget, MEETING REQUESTED as there was too much to pass off to Thursday AND SET night's meeting. The other Councilmen were in favor of holding a meeting Thursday at 8:00 a.m. in the Conference Room at City Hall for the purpose of trimming the budget. As there was no further business to come before ADJOURNMENT Council, Councilman Warner moved to adjourn. The motion was seconded by Councilman Neal and carried unanimously. The meeting 'was ad- journed at 10:08 p.m. M ATTES _: O r-4 U R.y 'ene CityRecorder Sr omas �o� omas A. Stoc s Mayor CITY COUNCIL SPECIAL MEETING June 21, 1984 A special meeting of the Moab City Council SPECIAL MEETING AND was held on the above date in the Conference ATTENDANCE Room in the basement of City Hall at 8:00 a.m. for the purpose of budget preparation and dis- cussion. Attending were Councilmen McDougald, Neal and Warner. Councilmen Hefner and Murphy were out-of-town. Also attending were Mayor Stocks, Deputy Recorder Rees, Chief Ison, Util- ities Superintendent Leech, the media and vari- ous citizens throughout the day. Mayor Stocks called the meeting to order at 8:04 a.m. Mayor stocks and the Councilmen disucssed the General Fund Budget and what areas and depart- ments could be trimmed. Department heads were called in to advise and assist Council. Councilman Warner moved the meeting recess LUNCH RECESS for lunch and reconvene at 1:15 p.m. The motion was seconded by Councilman Neal and carried unanimously. Councilman McDougald called the meeting back CALLED BACK TO ORDER to order at 1:25 p.m. Councilman Warner moved to appoint Councilman McDougald as Mayor Pro Tem in Mayor Stocks absense, as Mayor Stocks had a doctor's appointment. The motion was seconded by Councilman Neal and carried unani- mously. Councilman Warner then moved to carry on with the budget discussion. That motion was seconded by Councilman Neal and carried unanimously. Mayor Stocks arrived from his appointment at 4:05 p.m. The Council trimmed the General Fund Budget as follows: BUDGET TRIMMED 494 PROPOSED GENERAL FUND BUDGET ADJOURNMENT SPECIAL MEETING AND ATTENDANCE PUBLIC HEARING - ADOPTION OF FY 84/85 BUDGET REVENUE SHARING BUDGET JUDICIAL $ 3,350 $ 3,350 EXECUTIVE 14,810 14,300 ADMINISTRATION 125,365 105,937 BLDG. INSP. 13,650 12,700 GEN. GOV. BLDGS. 45,600 45,000 POLICE 396,453 355,253 FLOOD CONTROL 7,000 -0- ANIMAL CONTROL 47,940 46,940 STREETS 170,978 115,324 SANITATION 225,000 225,000 PARKS 41,943 41,223 SWIM POOL 64,487 54,928 CONTRIBUTIONS 62,350 53,350 PLANNING 500 TOTAL $1,156,998 $1,071,805 As advertised As revised 6/05/84 6/21/84 Councilman Neal moved the meeting be adjourned with Councilman Warner seconding the motion, The meeting was adjourned at 7:41 p.m. by unani- mous consent. ATT T: E. 'ene Ci Recorder Sr omas A. Stocks Mayor CITY COUNCIL SPECIAL MEETING June 21, 1984 A special meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse for the purpose of adopting the Fiscal Year 1984/85 General Fund Budget. Attending were Councilmen McDougald, Neal and Warner. Councilmen Hefner and Murhpy were out-of-town. Also attending were Mayor Stocks, Chief Ison, Superintendent Leech, Recorder Pene, Deputy Recorder Rees, the media and 9 citizens. Mayor Stocks called the meeting to order at 8:13 p.m.; Councilman Neal lead the Pledge of Allegiance and Council- man McDougald offered the Invocation. Mayor Stocks opened the public hearing by read- ing the amounts budgeted for each department as noted above. Contributions include: Moab Museum - $500; Grand District Boy Scouts - $300; Scout House Utilities - $650; Bond Redemp- tion - $49,000; Moab Irrigation - $2,000; and Community Awareness Support Alliance - $900. Mayor Stocks presented the proposed Revenue Sharing Budget as follows: 1„ Stage at Old City Park $ 1,927 Adult Handicapped Center 6,500 .1Daughters of Utah Pioneers 5,000 Boy Scouts of America 3,000 Chamber of Commerce 1,000 Golf Course 10,000 Recreation Board 4,000 G 5 Uv 49 5 Visitor's Center $ 2,000 REVENUE SHARING BUDGET Flood Control 7,000 CONTINUED POLICE: Vehicle 11,500 Dictaphone Logger 2,750 Evidence Lockers 1,200 Radios 1,600 ANIMAL CONTROL: Cages 500 STREETS: 3/4 ton truck 10,000 1/2 street sweeper 31,500 paint striping machine 5,000 water truck 20,000 ditch tamper 2,000 diesel fuel pump 1,000 radio 545 road chips/oil 15,000 fence at Williams Way 12,000 PARKS: stage 1,927 remodel bathhouses 5,000 1/2 sprayer 5,500 .".:) SWIM POOL: r4 storage shed 10,800 U bleacher paint 965 '13 :s] filter room 1,500 ADMINISTRATION: Shredde>; 2,000 Curtains 200 Software 9,000 3 chairs 450 file cabinet 225 programs 3,000 word processor 8,000 carpet 500 miscellaneous equip. 7,000 TOTAL REVENUE SHARING BUDGET Funds available $225,120 $250,169.52 Members of the audience Glen Richeson, Mark CITIZENS EXPRESS CONCERN Hollowaty, and Milt Galbraith expressed concern regarding the amounts budgeted for the Recrea- tion Board and the Golf Course. Mr. Hollowaty also questioned the need for programs for the computer. There was discussion among the Council members as to budgeting more Revenue Sharing funds for the Recreation Board and the golf Course, as well as including $10,000 for the Police Department fuel in the Revenue Sharing Budget. Councilman Warner stated he was against taking $10,000 from the Police budget as they have already had a 25% cut in manpower and have an excess amount in this years budget. Cnt+rcilman Mrpougald moved to adopt the General GENERAL FUND BUDGET Fund Budget in the amount of S1.062 805, restor- ADOPTED ing the $10,000 from the Police Department to Revenue Sharing and redistributing $5,000 budgeted for the Old City Park bathhouses in the amount of $3,250 and give $2,500 more to the Golf Course and $750 more to the Recreation Board. The motion was seconded by Councilman Neal. After discussion, the motion was defeated, councilman Warner voting against the motion. It was then suggested the Council use all of the unappropriated surplus and some of the appropriated surplus and leave the $10,000 in the Police Department. Councilman McDouga moved the Council adopt the General Fund Budge ip the amount of S1.071,805 for the Fiscaf Aar 84/85. The motion was seconded by Council- man Neal. Councilman Warner questioned the use of unappropriated and appropriated surplus. Mayor Stocks stated he had been reassured by 496 REVENUE SHARING BUDGET ADOPTED APPROVAL TO PAY COUNTY FOR BALLPARK LIGHTS APPROVAL OF SPECIAL REVENUE FUND APPROVAL OF DEBT SERVICE FUND COUNCILMAN WARNER'S LETTER (attached) ADJOURNMENT SPECIAL MEETING AND ATTENDANCE the auditors that it is legal to use surplus to balance a budget. Councilman McDougald stated the Council may have to make budget adjustments in October anyway if the revenues are short. Councilman Warner stated he felt the full Coun- cil should be in attendance to adopt the budget. After some further discussion, the motion car- ried unanimously, Councilman [darner stating he was voting yes under protest, as he cast his vote during the roll -call. Councilman Neal moved to adopt the Revenue Sharing Budget in the amount of $223,120 includ- ing $5,000 additional to the Golf Course and $1,500 additional to the Recreation Board. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. At this point, Councilman Neal moved to pay $10,260 from FY 83/84 Revenue Sharing Funds for the balance of the ball park lights to Grand County as committed earlier. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. Councilman Neal moved to approve the Special Revenue fund as follows: Clays C Road Funds - $50,000; interest income - \$2,000; and the balance carried forward - $41,800 for a total budget of $93,860. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. Councilman Neal moved to approve the Debt Ser- vice Fund in the amount of $83,689 including $5,000 interest income, $49,000 transfers from other funds and beginning fund balance in the amount of $29,689. The motion was seconded by Councilman McDougald and carried unanimously by roll -call vote. Councilman Warner then presented a letter to Mayor Stocks and the City Council stating his feelings regarding the budgetary process. A copy of his letter is attached. Councilman Warner moved the meeting be adjourned with Councilman Neal seconding the motion. The meeting was adjourned at 9:59 p.m. by unani- mous consent. ATT ay ee City Recorder Sr f'.-112g omas A. Stocks Mayor CITY COUNCIL SPECIAL MEETING June 26, 1984 A special meeting of the Moab City Council was held on the above date in the Council Cham- bers of the Grand County Courthouse. Attending were Councilmen Neal, McDougald and Warner. 49 � Also attending were Mayor Stocks, Deputy Record- er Rees, Recorder Pene, Chief Ison, Utilities Superintendent Leech, Bill Davis of the Times and one citizen. Mayor Stocks called the meeting to order at 8:25 p.m.; Councilman McDougald lead the Pledge of Allegiance and Councilman Neal offered the Invocation. ATTENDANCE CONTINUED Ordinance 84-10 is an ordinance adopting the ORDINANCE 84-10 1/8% Local Option Sales and Use Tax. Deputy ADOPTING 1/8% LOCAL Recorder Rees read the ordinance, which will OPTION SALES TAX become effective October 1, 1984. Councilman Warner stated that as nothing could be gained immediately by adopting the ordinance this evening, it could be postponed until a full Council was present. Other members of Council expressed their feelings that their minds were made up and the vote wouldn't change. Councilman McDougald moved to adopt Ordinance 84-10 enabl- ing the City to adopt an additional 1/8% tax effective October 1, 1984. The motion was sec- onded by Councilman Neal and carried unanimously by roll -call vote. Resolution 12-84 is a resolution admending the current fiscal year General Fund Budget. As Recorder Pene had not ye E arrived at the meeting, Councilman Warder moved to table the Resolution until the Recorder arrived. The motion was seconded" by Councilman McDougald and carried unanimously. RESOLUTION 12-84 AMENDING CURRENT YEARS BUDGET TABLED Resolution 11-84 is a resolution adopting the RESOLUTION 11-84 General Fund Budget and Revenue Sharing Fund ADOPTING GENERAL for fiscal year 1984/85. Deputy Recorder Rees FUND BUDGET AND read Resolution 11-84. Councilman McDougald REVENUE SHARING FUNDS moved to adopt Resolution 11-84 relating to the General Fund and Revenue Sharing Budgets for fiscal year 1984/85. The motion was seconded by Councilman Neal and carried unanimously by roll -call vote. Mayor Stocks informed the Council that the DISCUSSION REGARDING maximum mill levy the City could set is 10.81 MILL LEVY according to Bobbie Domenick pursuant to the new State Law. It was calculated that the mil levy will be 10.77. The Council estimates the dollar amount necessary which establishes the mill levy. Councilman Warner moved the matter be brought RESOLUTION 12-84 from the table for discussion. The motion was AMENDING CURRENT seconded by Councilman Neal and carried unani- YEARS BUDGET mously. Resolution 12-84 was read by Deputy Recorder Rees. Mayor Stocks advised the Council of the difference between the amount appropriat- ed and the amount expended in each account in the Administration budget. Councilman McDoug- ald moved to adopt Resolution 12-84 amending the current fiscal year budget. The motion was seconded by Councilman Warner. There was more discussion regarding the amendments. Coun- cilman Neal called for the question. The motion carried unanimously by roll -call vote. Resolu- tion 12-84 increases the following departments. Judicial $1,000 Executive 6,000 Administration 12,000 Pool 13,000 Community & Economic 1,000 Development $33,000 ��f q g A D J O U R N M E N T T h e f o l l o w i n g d e p a r t m e n t s a r e d e c r e a s e d : P o l i c e $ 2 3 , 0 0 0 B u i l d i n g I n s p . 1 0 , 0 0 0 $ 3 3 , 0 0 0 A s t h e r e w a s n o f u r t h e r b u s i n e s s t o c o m e b e f o r e C o u n c i l , C o u n c i l m a n M c D o u g a l d m o v e d t o a d j o u r n t h e m e e t i n g . C o u n c i l m a n W a r n e r s e c o n d e d t h e m o - t i o n , w h i c h c a r r i e d u n a n i m o u s l y . T h e m e e t i n g w a s a d j o u r n e d a t 1 0 : 2 5 p . m . A T T E S T : R . o n ' e n e C i t y R e c o r d e r ��U 4 5 h o m a s A . S t o c k s M a y o r