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Show Hug"' cyai3pi m)fi I he Page A2 (Timfs-3nhepenhe- Thursday, June 27, 2002 nt Homeless shelter; Not in my back yard, neighbors say xf rtr pl4s Jaivrt staff by KnuXion filled d punctu-aU-- Moab landing C it y Hoard of Adjustments hearing on Wednesday June 1!. at fit v all The hearing as ac hed ultd as a result of a petition filed bv a group of ot uens ho protest the proposed Willow s Supported a -- 1 Living tVnter. 4 Shields lame, recently announced bv the Interact Club Tin1 project is designed to relieve sonie if the problems of homeless ( rein m Moab The petition statsi that Moab already has "homi-lesgroups camping out along the irisk and as a result tliere are numerous van dalism types of problems and tbifl liecausi of that group so close to Us Tbe (let it ion stated that if tbe Willows ('enter is aje proved, "we will Is- surrounded Isitli front and ten k bv the same tv jie of situation " Those who signed the petition believe that the placement of the Willow Center on Shields lame will have a "harmful effect v allies even to the on our pro-rtof extent potentially not being if and able to sell our whin we need to The protestors felt that by allowing the Willows Project to move forward, the city planning commission was putting nearby residents "health and well being in jeopardy and robbing us of the right to enjoy a feeling of safety and peace in our own homes The petition also contended that the use of the projierty as a supported living renter was not in harmony with - pro-rtie- the intent of that rone The Moab Planning Commission unanimously approved the Willows Project citing that the proposed supported living center is similar in use and in harmony with the C-- rone AC-- Commercial Residential Zone allows for lodging establishments, rest homes, hospitals, clinics and daycare centers The group filing the petition against the planning commission s decision does not believe the supported living center is a similar use. noting that rest homes and extended care facilities are staffed full time with health professionals Clinics and dav-car- e centers, the petition staled, have full time employees, no permanent residents, and are closed at night Lodging establishments have no permanent residents, the petition claimed. Although the board of adjustments' only option w as to rule on whether or not the planning commission had acted arbitrarily and capriciously in approving the center, most persons testifying at the hearing gave impassioned pleas as to the merits of the project. Several memliers of the Interact Club who would benefit from the housing project made statements about their lifestyles and said they looked forward to learning new skills which would help improve their quality of life. Martha Little, who is a counselor at Four Corners Mental Health, and works with many of the proposed residents of the facility said, Id be proud to have them in my back yard. They are quiet, respectful people. These are people who need help and who need homes." Steve Russell, speaking in support of the Willows project, pointed out that the recently approved general plan for Moab commits the city to provide affordable housing to low-an- d moderate-incom- e people and that this project will help satisfy that goal. Russell typified the petition against the Willows Project as a classic example of NIMBY or "not in my bark yard." Most protestors against the planning commission's decision unabashedly admitted that was the case. Dee Taylor who owns property near the proposed Willows center said, "We are all uneasy about what this will bring into the neighborhood. I guess that's right, we don't want it in our back yard" Some of the most passionate objections came from Marjorie Wagner and Patrick Rippey, owners of Sunshine Gardens nursery on Williams Way. The nursery is the closest property to the proposed living center. We question the zoning. Is C-- 2 zoned for criminals or for rehab housing? There are people with substance abuse problems in a rehab center. What if they slip up and go back to drugs? These people are more likely to go out and rob someone. Ninety-nin- e percent of my staff Moab is 100 Continued from Page A 1 Wild West cow town. There A Look Back in Time was no doctor and folks living in Moab had to contend with outlaws, rowdys, toughs, mischief njakers and intoxicated cowboys out on the town," accord- Historic pictures of Moab and Grand County Have a picture you would like to share? Submit it to The ing to Richard Firm age in A History of Grand County. One prospector from Colorado wrote home in 1891 that Moab was Times-lndepende- nt known as "the toughest town in Utah. Others complained that Moabs "moral standards were below our worst imaginings." This was the great outlaw era of the canyonlands when such characters as Butch Cassidy and his Wild Bunch were known to frequent Moab. Liquor flowed easily in thoee not uncommonly years and spilled from the bars onto tl streets. Incorporation was a something that primarily floated around in the fertile mind of J.N. Corbin, publisher and owner of the Grand MtUey Times. It was generally considered to be a move which would do nothing more than increase taxes and complicate the quiet life of formers in the area. ts Probably the first Power Dam . . . 1 Since the first settlement of Moab in the 1880s, the pioneers made use of the water from Mill Creek for Irrigation, and later generation of power. This photo, from the Mitch Williams collection Is probably the first diversion dam built of logs. From appearances tt is in the same location as the present Power Dam, no longer used tor generating power, but popular nevertheless as a cool swimming hole, even as tt did when the power plant was operating. Corbin did not give up his cause in the face of early resistance, however, and on Jan. 20, 1899, he began writing editorials in support of incorporation. In his first statement he said, "those who devote their time to farming can see no benefit in fanning inside the town. Those who are in lines of work depending on business that arises from the centralization of people can see many advantages." He went on to say, there is much to be done to make it an attractive residence and business center, better water supply and streets, police, health and fire protection, all must be added and it is practically out of the question this can be done solely under a county government" In 1900, the newspaper received Skyway closes Continued from Page A1 retlrnck away from main at recta Hilllxiiinla and small signs (Hunt the wav. hut Mays said he is convinced that the idle tram confused people That thing not tieing operational - that just put the last nail in," Mays said "It's had a huge impact over the last two years The Mays's worked since 1976 to establish Iortal Vistas L L ( nnd get the chair lift ofT the ground In the early 1990s, Km melt Mays took the idea to the Grand County ( ouncil. igniting a ofopjsisition from lotal residents - as many as ISO area residents regularly turned out to protest the project during public hearings held by the county council - who believed the attraction would mar the vistas along the area known locally as the Iortal Many also were concerned that increased tourist traffic to the site along Kane Creek Blvd. would create safety hazard for residents in the neighborhood. The intersection of Kane C reek Blvd. and 500 West is problematic because Kane Creek enters 500 West in a T" intersection with a sharp curve and visibility at the turn is a problem. I,at year, the city installed a two-wastop at the intersection in an effort to alow vehicles and improve traffic flow. In 1995, Moab City annexed the property under a law that al- lowed the city to do so when large development project are located within a half mile of city limit The city council required Mays to camouflage the tram'a support poles, use lighting, and meet a variety of other restrictions before it approved the plan. He also posted a 117,000 reclamation bond in case the tram per- low-lev- 4 said. "We will have to spend thousands of dollars for security fencing. Its very dangerous to have criminals next to my business." Wagner echoed her husband's sentiments stating, "Is there going to be protection for those of us who live there? Is there going to be sufficient staff?... I don't feel that I could have enough security to protect my nursery and staff. Being right next door, the chances of something bad happening to me are greater." The couple does not own the property where their business is located and no objections were voiced by the property owners who live in Castle Valley and California. Robert Hugie, planner for the City of Moab, pointed to state code which requires that communities enact local ordinances permitting or allowing these facilities in all zones where residential dwellings are permitted or allowed. The relevant Utah State Code is the Residential Facilities for Persons with a Disability ( Disability means a "physi cal or mental impairment that substantially limits one or more of a person's major life activities. Hugie pointed out that discrimination occurs when subjecting persons falling within protected groups, i.e. race, sex, religion, place of origin, mental and physical disabilities, to restrictions or requirements which do not apply to all persona. Federal protection is also provided under the Federal Fair Housing Act. The executive summary submitted by the Willows Project stated that they will provide housing for "8 to 10 homeless adults disabled by severe and persistent mental illness. The facility will also house those with a dual diagnosis of mental illness, substance abuse andor physical illness." The report goes on to state that "often this population has poor credit, a poor rental history andor a criminal record, thus eliminating them for consideration for affordable housing tenancy. D.L. Taylor admitted that it looked like the board of adjustments hands were tied because of state and federal law which protects against discrimination of special populations, but felt the landowners should have been informed in some fashion. "We're happy to finally have the opportunity to be Excerpt from J. N. Corbin Editorial Grand Valley Times , November 8, 1901 "Incorporate the town, fix up the streets and get the land in shape so it can be sold for building lots, (or the sooner people get the idea out of their heads that they cannot live on less than an acre and a quarter land the better, for a town and a farm cannot both thrive on the same ground. "We have the most ideal spot in Grand County or any other county, for a beautiful city, if people will only wake up, rub the moss call a mass off their backs and get a little energy into their make-umeeting and incorporate the town, let people on the outside know that somebody lives in Moab. Some people object to incorporating the town on the grounds that it will make them pay more taxes, but such people do not stop to consider that every dollar paid in taxes by them enhances the value of and improves their property, it is the best thing that ever happened to such people to have something to force them to improve their property, tor the most of them would live in a log shanty all their lives with a barbed wire fence around their front yards, and crawl through the fence rather than build a gate " p, a letter to the editor from a visitor to uie rnuau area, tie said, n ran ym need to do is incorporate you town....and fine each man a thousam dollars who floods the street with h waste waters..." Corbin printed the letter and continued to assume the leadership role for incorporation. Finally, late in 1902, he drew up a petition for the legal move. Within short order he had over 60 signatures. The required number to approve incorporation was only 90. He ended up with 190 signatures before the petition was submitted. As was expected, there was little opposition and the board of county commissioners acted on the matter immediately. Moab town was legally incorporated on Dec. 30, 1902.Corbin wrote in the Grand Valley Times, It will be an opportune time and the town will turn over a leaf." Officers and trustees were named in early January of 1903. Harry Green waa appointed president and Henry Grimm, vice president J.W. Williams, V. Martin, and DA. Johnson were named trustees. The first ordinance of the City of Moab provided that the seal shall be as follows: A circle impress with the words Tbwn of Moab, State of Utah, Seal." The second ordinance set the salaries of each of the trustees, the clerk, and marshal. Trustees were paid $10 per year, payable quarterly. The clerks salary was $100 per year, payable monthly, and the marshal received a whopping $600 per year. Ordinance three merely provided bonding of the officers and outlined job duties, but the fourth ordinance passed by the town of Moab provided for the issuance of licenses to persons engaged in the business of selling intoxicating liquors, general merchandise, stores, markets, and for peddling and hawking. Shortly thereafter, the city fathers made road improvements a priority appointing a road overseer who would work at $2.50 per day for each day of work. They met almost weekly for the few first months of the year and the city began to take on a shape and form from the green pastures and in the shadow of the outlaw reputation. Hie annual Fourth of July Celebration at Swanny City Park will serve a dual purpose this year. As Moabites celebrate our nations independence, we will also mark the passage of 100 yean of Moab as a legally incorporated town. heard, Taylor said. He asked that (he planning com mission's deriamn be overturned so that the city will be forced to pass a new ordinance hesar-in-g that would require a public such of projects. for approval Members of the planning staff no pointed out that there were rvquuvirants neceaaary when a use is allowed within a zone. Keith Montgomery also stated that notification of planning commission meetings are by law Additionposted in the newspaper. ally, agendas are posted outside City Hall for anyone to view. After hearing statement from both sides of the argument, the board of adjustments voted with one abstention, in favor of the planning commissions decision noting that the commission did not act in an arbitrary and capricious manner and that the group was correct in calling this use a "similar use to those alzone. Kevin lowed in a C-4-- 0, 2 Wright, Keith Montgomery, Rodney Taylor and Marcus LeFrance voted in support of the planning commissions decision. Jim Dressier abstained from voting because he is currently involved in architectural studies with Four Corners Mental Health. The petitioners now have the option to appeal the decision through the judicial system. Election results pending Continued from Page A1 Leavitt, who cannot run again because council members are subject to a limit. Preliminary results ahow Tanner with 109 votes, Young with 80 votes, and Everitt with 76 votes. Arnold garnered 39 votes. Council District 3 includes precincts 5 and 11 in Grand County. Townsend said absentee ballote must be postmarked on the day before the election, and could arrive at the clerk's office as late as Friday. Official election results will probably be certified sometime next week, she said, noting that the state leg- islature, in its current session, is considering extending the time counties have to certify elections. In the only other contest on the primary ballot, state Rep. John Swallow, who had trailed most of the night, finally edged out Tim Bridgewater for the Republican nomination in Utaha 2" Congressional district. Swallow will face first-terRep. Jim Matheson in November. Voter turnout for the two districts that included the council race waa 21 percent, relatively high compared to the 12 percent of voter who typically turn out for a primary election. But the closed Republican primary - only votera registered m with the Republican primary could cast a ballot - drew abysmal results. Overall, about 8 percent of registered voters turned out at Grand County polls; in some of those precincts, turnout waa leas than 3 percent, said Tbwnsend. As West bums, agencies implement restrictions Continued from Page A 1 fin-stor- y are women who work alone. Having this living center next door also endangers my customers who park and leave their cars. The residents of the Willows would also be s danger to children who play in the area," Rippey Tram owners realized that some people were afraid to ride the steep chairlift. Photo by Lisa Church manently shut down. Moab City had no comment about the (lending sale, but City Manager Donna Metzler said Monday that Mays had fully co- operated during the planning phases of the tram. Working w ith Emmett was very positive," she said. "He was completely cooperative." Karl Wemick. the SBA loan specialist handling the auction said he still hopes the Mays family will find new investors or another financial solution to save the project. I would rather see that happen," Wernick said. "They've given it their all. I just wish they could have made it. My heart really goes out to them. Its like a divorce or a death in the family Van Mays said a deal is unlikely, so he and his last-minu- fa- ther are accepting the loss. Emmett Mays is taking his first vacation in five years. Van said. "Weve both said to have tried and failed is better than to never have tried at all," Van Mays said. "We would have always wondered I Also contributing to the dangerous situation is that the downed fuel have very little moisture content, "single digit according to Hart. d lumber that you buy at your local lumber supply store is between 12 and 15 "Kiln-drie- percent moisture and those burn as easily as mstchsticks, so we have a real problem in Utah right now." Diamond Creek and the Rattle fire are approximately 12 miles apart. When asked if there waa any chance the two could merge to form one larger blaze Hart said, "there is a pretty substantial distance between the two fires, but with these conditions, anything can happen." No structures are threatened at this time. The two fires are being managed by one task force and are being referred to aa the Rattle Complex. A battery of helicopter resources and hand crews has been ordered and had begun arriving in tbe area by Monday. Initial attack crewa have been on the scene since the fires began, but bare had limited success in establishing control lines. The true two team. under the direction of Bill Casey, has established a base camp in Thompson Springs. Also burning are 73,000 acres in the Dixie National Forest 20 miles northeast of Panguitch, and the Wildhorae Complex, which includes 1,450 acre on Bureau of Indian Affairs land, Uintah and Ouray agencies. These firea are both contained at 60 to 65 percent. Charcoal, fireworks are banned in backcountry for Stage II situation by Janet Lowe etaff writer Utah federal land management agencies and firefighting teams are facing one of the most dangerous-an- d earliest-fir- e seasons in the states history. Extremely dry vegetation has caused tbe U.S. Forest Service, the Bureau of Land Management and National Park Service to initiate Stage II fire restriction a. Effective June 25, there is a ban on all open firea within Arches and Canyonlands national parka and Hovenweep and Natural Bridges national monu- ments, in all Utah national forests and BLM lands. All open firea of any type. including charcoal, are prohibited on all federal lands; Petroleum fueled stoves and grills, will still be permitted in backcountry campsites, along the river corridors, and in developed campgrounds and picnic areas. Smoking ia prohibited except within an enclosed vehicle or building, a developed recreation site, or while stopped in an area at least three feet in diameter that ia barren or cleared of all flammable material down to the soil. Additionally, activities that may generate sparks are prohibited between the hours 1 p m. and 1 a m. This includes operating a chainsaw, generator, or any other type of machine that is activated by an internal combustion engine. Blasting, welding or other activities that generate flame or flammable materials ia also outlawed. Operating motorized vehicles off designated road and trails is also prohibited. Firework are prohibited in the national parks and foresta at all timet. Tbe City of Moab pasted a resolution banning the using of combustible materi- als, including smoking, within 300 feet of Mill and Pack creeks. If in doubt about restrictions concerning the uae of flammable or combustible materials, call for specific information or, better yet, error on the aide of caution and dont burs. POOR |