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Show Beaver County Monitor JANUARY 1, 1998 UNAPPROVED MINUTES MILFORD CITY COUNCIL December 16, 1997 Mayor Mary Wiseman called the meeting to order at approximately 7:00 pm. Present: Council members Junior Davis,.Nick Swain, Russell Smith, John Carter and Mark Dotson, Attorney Leo Kanell, Treasurer Arden Fowles, City Manager Nedra Kennedy,Foreman Ray Whiting. Larry Shurtliff, Doug Garreft, Ray Rowley, Ron Wunderlich, David Lake, Alice and Kent Smith representing the Beaver County Monitor. : Alice Smith Business - Clarification of City Alice Smith stated she would like to tape the City Council meeting. Alice Smith questioned the City Council on items discussed in the Milford City Council meeting held on November 18, 1997 which Councilman Russell Smith stated objections to an article in the Beaver County Monitor. She asked Councilman Smith to clarify if the letter he distributed to the Milford residents, was in his capacity of Milford City Councilman or a private citizen. Councilman Smith stated it was sent as an employee of the City of Milford and a private citizen. Mrs. Smith asked if the copies were made in the city office. Councilman Smith stated no they were not. Mrs. Smith asked if the letter he sent was addressed to the editor. Councilman Smith stated the envelope was addressed to the editor, . Mrs. Smith asked if Councilman Smith had a copy of the envelope, he stated no he had sent it to her. She asked if the letter was mailed to the area residents. Councilman Smith stated some of them but some were mailed to the flat. Mrs. Smith asked if the City Council had intentions to shut down the paper and ask what their intentions were. Mayor Mary Wiseman stated they did not have intentions to shut down the paper but did not totally agree with things that were printed in the paper and felt the letter should have been printed. Mrs. Smith stated that Milford has been looked over. by the media but with proper leadership Cirele Four has the potential. Mrs. Smith stated she had many letters that she did not print in the paper and offered to leave a copy of a letter for the Council to read. Councilman Russell Smith stated that the reason he brought up the article was because he was hired to do the job at the golf course and after the article in the newspaper he did not want the people to think that he was saying he was doing all the work free at the golf course when he was getting paid. Alice Smith stated that since the article had come out in the Salt Lake Tribune concerning Circle Four Farms the city has been opened up to much criticism. She stated that since that time there has been many calls from companies offering their technology to the city. She stated that there were a number of individuals who have contacted the city offices and have been put off. Mayor Mary Wiseman stated that she was not aware of anyone who had called that their questions were not answered. City Manager Nedra Kennedy stated that individuals who have called have been forwarded to Rob Adams of Circle Four Farms. She stated that if someone wishes to send information they have been encouraged to do so and that information has been given to the Council members. Mrs. Smith stated that there is probably 1,000 different brands of odor control on the market. She mentioned one procedure that provides jobs and products * with the elimination of odor. She asked the Council ff they were interested in the products. Mayor Mary Wiseman stated that she felt Circle Four Farms should be responsible for those issues upon recommendation from the Council. She stated it is their business and the last meeting she attended, Circle Four presented the committee with procedures they were trying. She stated she tours the farms at least once per month. Mrs. Smith asked if the City was gomg to have nothing to do with the odor control. Mayor Mary Wiseman stated that she felt Circle Four Farms has the manpower to work on those issues and they report on their progress. Mrs. Smith asked if the Mayor did not have any interest in the process, Mayor Wiseman stated she did have interest that was why she travels to the farms and the meetings. She stated she felt she did not have enough knowledge to interfere with their work and if she has questions she directs them to Rob Adams. Mrs. Smith asked Mayor Wiseman if the City Council had any comments on the Class Action Lawsuit to be filed by individuals concerning the quality of life. Councilman Nick Swain stated they did not know anything about the lawsuit and could not comment on something they knew nothing about. Mrs. Smith stated that Keith Dotson had initiated the lawsuit and others were joining in the process. Attomey J.eo Kanell asked if Mrs. Smith was involved in the lawsuit. she stated no. Councilman Nick Swain stated that his opinion was. that the Council was continuing to work with Circle Four Farms and can't see where Milford City can solve the problems. Attorney Leo Kanell stated that if Milford City somehow tries to force the company to utilize a new technique that Alice Smith says is on the cutting edge of technology and the company then spends twenty million dollars to use this new technique and it doesn't work. then who is responsible for the cost. Does the company have the nght to go against Milford City and say that they did what Milford City said to do. so pay them back. He stated that it is a question of free enterprise and risk. The company has te spend money and should Milford City go to Circle Four and require them to do property is made aware of the issue and certain things. then they should tell the the City Attorney, City Foreman and the newspaper how to run her business, and City Engineer work with them to resolve the problem, Councilman Russell Smith then come up with plans for the railroad seconded the motion, all were in favor. and other companies. How much involvement should the city have. Should Mr. Shurtliff stated he agrees that there is a problem with the drainage. Councilman they be the one who is responsible for those decision or should the city work with Russell Smith made a motion to draft a letter to Keith James, representative of the the company to solve the problems that affect the residents of the city. How much LDS Church with a copy to Larry Shurtliff control should the City take over other concerning the curb and gutter and the City Council's decision, Councilman companies and people and still maintain Junior Davis seconded the motion, all the freedom of Americans. He stated that the city is willing to look at everything were in favor. which Circle Four Farms may have Consent Issues already looked at and studied. The City Councilman Junior Davis made a motion would be interested in hearing about it but to approve the consent issues to include to have Alice Smith state that it is the latest bills, payroll. minutes of the December 2, thing and why isn't everyone doing it, 1997 meeting and financial statements, there is a creditability problem. Alice Councilman Mark Dotson seconded th motion, all were in favor. : : Smith stated that is not at all what she Vacuum Cleaner Bids said. She stated that there is five companies who have attempted to contact -Councilman Russell Smith made a motion to approve the purchase of a vacuum the City to talk about technology they have cleaner at the cost of $694.95, available. Mayor Mary Wiseman stated Councilman Junior Davis seconded the that the information is being given to motion, Council members Junior Davis, Circle Four Farms. Mrs. Smith questioned Mark Dotson, Nick Swain, Russell Smith whether the City was interested. were in favor, Councilman John Carter Councilman Mark Dotson stated it didn't abstained. matter whether they were interested or Standards and Construction not, there is no basis as to whether they like the process or not. Mayor Mary Specifications Treasurer Arden Fowles presented the Wiseman stated she goes to every meeting Cedar City's Construction Standards and and they discuss methods they are using. Specifications. Cedar’ City had given She stated they are trying to solve the permission to utilize the standards until © problem and they have spent millions to Milford City Councilman adopt their own. change it. Mrs. Smith stated that she is B. J. Moore has. reviewed the document not suggesting that the Council tell Circle and given his approval. Councilman Four what to do, all she is suggesting is Junior Davis made a motion to adopt the that they watch the video. Councilman Construction Standards and Specifications Russell Smith stated that if the information is available, they will look at it. Mayor as an interim document, Councilman Nick Mary Wiseman stated she has seen videos Swain, seconded the motion, all were in } which the company presented at a favor. meeting. She stated she has received Concrete Bids for Golf Course Building numerous calls but does not feel she Bids were opened for the concrete of the should tell them what or what not to do. golf course building and were as follows: Mrs. Smith stated the process 1s total Riemer Concrete - $2,150.00 and Wright containment which is shown on the -Way Concrete - $1.988.00. Councilman Russell Smith made a motion to approve videos. the low bid of $1,988.00, Councilman Ray Rowley Mr. Rowley stated he would be taping the John Carter seconded the motion, all were , agenda item. Presented pictures of in favor. property he felt needed to be cleaned up. De-annexation Agreement of Antelope Attorney Leo Kanell stated that the Ridge Annexation County does not have junsdiction on Councilman John Carter made a motion to properties in the city. Mr. Rowley stated authorize Mayor to sign the agreement for of Antelope Ridge his property has been declared a nuisance deannexation by the Beaver County Planning Annexation, Councilman Russell Smith, seconded the motion, Nick Swain, yes, Commission. Mayor Mary Wiseman stated she feels his property needs to be Junior Davis, yes, Russell Smith, yes, cleaned up. Councilman Russell Smith Mark Dotson, yes, John Carter, yes. stated that some of the properties shown in Ordinances and Resolutions the pictures have been cleaned up. Councilman Nick Swain made a motion to Council agrees that the properties need to approve Ordinance 13-97 "Subdivision Ordinance, Councilman John Carter be cleaned up and letters have been sent. Mr. Rowley stated he has been served seconded the motion, all were in favor. Councilman Mark Dotson made a with a misdemeanor on his property. He stated that he would file complaint on motion to approve Resolution 16-97 every farmer on the flat. He stated he will "Creation of Milford City Lewis Addition ask that the misdemeanor be removed to ‘give him a length of time to clean up his property. 3 Councilman Junior Davis stated that none of the pictures presented by Mr. Rowley were one-tenth as bad as his. Mr. Rowley stated he is in the process of cleaning up his property and is not the only one with junk. Attorney Leo Kanell requested a list of the properties which Mr. Rowley was referring to enable the City to take action for clean-up. Dana McCarty - Property Acquisition Dana McCarty accepted the City Council's . offer fo purchase a portion of her property to widen 300 North at the price of $1,900.00. She also requested the City Council consider replacing the portion of her fence which will be tom down to widen the street. She stated the materials already on site could be used for the fence. She expressed concerns over the safety of her child’) Mayor Mary Wiseman stated she thought the request was fair. The replacement of the fence should be made part of the agreement to purchase the property. Final Plat Review - Westview Subdivision Larry Shurtliff presented the plat for Westview Subdivision, Councilman Nick Swain stated the Planning and Zoning Commission has approved the subdivision upon City Engineer BJ. Moore's recommendations concerning his concern over the drainage from the LDS Church and the subdivision along 700 West. Mr. Shurtliff stated an agreement exists for the installation of the curb and gutter per a trade of land. He stated the dramage problem was coming from the street but a good majority of it was from the church parking lot. He felt the church should be responsible for the curb and gutter as he has a contract with them. Council members agreed they were not responsible for curb. gutter and sidewalk on undeveloped land Councilman Mark Dotson stated it is not who created the drainage but a subdivision ordinance issue. Mr. Shurtliff stated that the city has an agreement with the LDS Church for the property. Attorney Leo Kanell stated the agreement was for utilities and the old building only. He stated that B.J. Moore is suggesting the curb and gutter be installed from 600 South to 900 South along 700 West and in order to do that there should be an agreement on who is to do the work. He stated that the agreement should be made before lots are sold to make sure the work is completed and stated that the new subdivision ordinance states that the developer may have to develop. streets outside their subdivision. Mr. Shurtliff will make contact with other property owners to determine whether they will participate in the installation of the curb and gutter. Councilman Nick Swain made a motion declining approval of the subdivision until the question as to who is responsible for the installation of curb and gutter is detennined, the new owner of the Special, Improvement:;:..: District”, Councilman John Carter seconded the motion all were in favor. PAGE2 Obituaries Warren Morris Beaver; Warren Morris. 67. passed away on December 23. 1997 at the V.A. Hospital in Salt Lake City. He was born on October 2, 1930.in Beaver. Utah to Blaine & Ireta Anderson Mortis. He married Beverly Bnte im June 1955 and two children were born to this union, Susan & Cathy. They were later divorced. He married Rita Jones in January 1963 and a son Blaine was born to this Union. They were later divorced. He married Kathleen Willard in April 1978 and to this union were born Greg & Todd. They later divorced. He married Betty Bernice Billiter on June 18. 1991 in Las Vegas, Nevada. Warren has been a chef most of his life. He served in the U.S. Marine Corps. He has been a very compassionate man and throughly enjoyed people. He loved to do yard work and to help other people. He worked most of his life at the El Bambi Restaurant in Beaver. He is survived by his wife Betty of Beaver, Children, Susan Hollings of Reno, NV. Cathy & Skip Stidham of Oxnard, CA., Blaine & Heather Morris of Fairfax, CA., Terry Levering, Penny Levering, Janett Levering and Chuck & Donna Levering all of Beaver. 17 Grandchildren. Brothers, Blaine Jr. & Helen Morris of Logan, and Ray & Shirley Morris of Beaver. Sister, Betty Jean & Aubra Baldwin and Mary Jane & Tra Baldwin all of Beaver, Virginia & Alton Marshall of Minersville, and Nancy & Reynold Dennet of Cedar City. Mother Ireta Ashworth of Beaver. He was preceded in death by son Greg Neely. Funeral services were held on Saturday, December 27, 1997 in the Beaver LDS 6th Ward Chapel. Interment was in the Mountain View Cemetery in Beaver under the direction of Olpin Mortuary. John Creighton Messer Beaver: John Creighton Messer, beloved husband, father and grandfather passed away Christmas morning at the age of 64. He was born August 6, 1933 in Cedar City, Utah to Joseph Henry Sawyer & Sarah Hamilton Messer. He marned Ann Harris on February 11, 1955 in the St. George LDS Temple. John was a member of the American Legion and he loved horses and riding on the range and playing golf. He was a very active member of the LDS Church where he served very diligently for many years in a number of different positions. He is survived by his wife Ann of Beaver, Children, Gary N. Messer of Cedar City, Karianne & Rick Jarvis of ' Beaver... Tracy, “& J2wayne. Davis’ of ) Richfield’, Jacki & Alan Smith, David J. & Patricia Messer, and Dana Kay Messer Councilman all of Delta, and Paul Jay & Carie Messer of San Diego. 20 grandchildren and 1 Russell Smith made a motion to approve Ordinance 14-97 Drinking Water Source great grandchild, Brother Richard & Joyce Messer of cedar City. Sisters Derothy & Collins-Rowley and Alice & Mort King all of Taylor. Anzona. He was preceded in death by one brother and one sister. Funeral services were held on Monday, December leave us. A loving husband, father, grandfather, son, brother, cousin, and friend. Bom on November 6, 1946, in Provo, Utah to William Byron and alma Laprielle Thompson Davis. Butch brew up in Milford attending Milford High School. He later went on to attend Southern Utah State College. There he received a degree in technology in building construction. He married Debra Rose Vinson on March 10, 1970 in Beaver, Utah. They were sealed in the St. George Temple March 10, 1984. He was amember of the LDS Church and served many callings. A man with a unique sense of humor with an immense love for his family, friends, and nature. Butch had an astounding imagination, lofty goals and a wonderful sense of adventure. Butch was a regular on tradio and the forum. He would entertain us with stories of his rabbits and his experiences on his little farm in Kannaraville. He was quite a philosopher and storyteller. Butch seemed to do it all. He worked at Southern Utah “Lumber for 22 years. He knew his “nuts and bolts” from top to bottom and will be greatly missed by the patrons and proprietors. But most of all, he will be missed by his loving wife Debbie of 28 years. His family was his world of enjoyment. He spent many hours with his beloved companion and was proud of her 29, 1997 in the Beaver LDS Ist Ward Chapel. Interment was in the Mountain View Cemetery in Beaver under the direction of Olpin Mortuary. Clair Vincent Gale Clair Vincent Gale passed away on Saturday, December 27, 1997 at Sanpete Valley Hospital in Mt. Pleasant, Utah of cardiac arrest. He was born in Minersville, Utah on September 18, 1924 to Oliver LeGrande Gale and Sarah Altheda Banks. He was raised in Beaver, Utah and graduated from Beaver High School in 1942. He served for 2 years in the United States Army during WWII in Europe. He married Mary Helen Miller on March 15, 1947 in Salt Lake City, Utah. Their marriage was later solemnized in the Manti Temple on June 4.1971. They lived in Beaver until 1951 when they moved to Springville. This is where they raised their four children and Clair worked for U.S. Steel Geneva Works. Clair retired int 1980 and in 1982 they retumed fo lived in Beaver. Clair was a High Priest in the LDS Church and a dedicated home teacher. Clair and Helen celebrated their 50th anniversary on accomplishments. He was also proud of their children and beautiful grandchildren. He is survived by his wife Debbie of Kannaraville, son John A. Davis of Cedar City, daughter Briana (Matt) Higbee of Las Vegas, son James Davis of Arizona, eight grandchildren, mother Alma Twitchell of Beaver, sisters . Judi (Bill) Terry of Las Vegas, Cheri (Rick) Shotwell of Beaver, and Shirley (David) Bell of Loa, Utah. He is preceded in death by his father William Byron Davis and his March 15, 1997. Clair is survived by his wife, Helen, of Beaver, three daughters and on son: Marilyn (Mike) Hoffman , Crown Point, Indiana; Debbie (Mike) Olsen, Orem, Utah; Dan (Nancy) Gale, Lindon, Utah; Michelle (Vince) Everett, Prince George, B.C. Canada, 18 grandchildren, 6 great-grandchildren; and a brother Don Gale, Bountiful, Utah. He was preceded in death by his parents; a brother, Lee; precious loving daughter Natalie Kaye and sister, Davis. Emma Jane Boyter. Funeral services were held on Tuesday, December 30, 1997 at the Beaver LDS Stake Center. Interment was in the Mountain View Cemetery under — the direction of Olpin Mortuary. Funeral services were held on Saturday, December 20, 1997 at the Kannaraville LDS Chapel. Interment was in the Kannarraville Cemetery under the direction of Southern Utah Mortuary. The family would like to thank everyone for their care and concern. Your warmth is deeply appreciated. William Brian “Butch” Davis On December 15, 1997, a unique person was untimely called to NO CLOSING COSTS HOME LOANS The W. FREDERICK GROUP, Inc. If you are paying over 8%, CALL NOW you may qualify for a lower (800) 779-0599 ext. #402 fixed rate loan with ' NO CLOSING COSTS! PURCHASE be LA AeA AMs Re Ay Initial application deposit of $350 is required and will be. * REFINANCE credited to you at funding. This offer is subject to current * DEBT CONSOLIDATION Protection Plan, Councilman Junior Davis seconded the motion, Council members Russell Smith, Junior Davis, Nick Swain, John Carter were in favor, Councilman Mark Dotson abstained as he had not read the document. Councilman Nick Swain made a motion to approve Resolution 17-97 "Resolution Authorizing Interim Warrants All of Us At A&F Enterprises for Financing Improvements - Milford City Lewis Addition, Special Improvement District, Councilman John Carter seconded the motion, all were in favor. Staff _Comments Councilman Mark Dotson made a motion to approve the purchase of 9.8 feet from property owners along 700 West to widen the street in the Milford City Lewis Addition Improvement>. _ District, Councilman Russell Smith seconded the motion, all were in favor. City Manager Nedra Kennedy reported that Circle Four Farms is interested in purchasing or leasing the concrete building located by their office. They would agree to commit to allowing the fireworks to be stored each year: Councilman Nick Swain made a motion to surplus the building. get an appraisal and begin negotiations with Circle Four Farms, Councilman John Carter, seconded the motion, all were in favor. City Manager Nedra Kennedy presented a bid for asbestos removal in the AT&T buildmg from Therm West. Councilman Mark Dotson stated the bid was for the pipes only and he felt it was too high. : Mayor Mary Wiseman made a request that the City Council members wtoe down five issues they wish to accomplish in the next two years. As there was no further business, the meeting adjoumed at approximately 9:17 p.m. These minutes will be presented for approval at the next regularly scheduled meeting. Until sch time, they are considered unofficial. 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