HomeMy Public PortalAboutMIN-CC-2014-10-28MOAB CITY COUNCIL
REGULAR MEETING
October 28, 2014
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers at the Moab City Center, located at 217 East Center
Street, Moab, Utah.
Mayor David L. Sakrison called the Pre -Council Workshop to order at
6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg
Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in
attendance were City Manager Donna Metzler, City Recorder/Assistant
City Manager Rachel Stenta, Planning Director Jeff Reinhart, City
Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Public
Works Director Jeff Foster and Police Chief Mike Navarre.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Forty-six (46) members of the
audience and media were present.
Councilmember McElhaney moved to approve the Regular Meeting
minutes of October 14, 2014. Councilmember Stucki seconded the
motion. The motion carried 5-0 aye.
Under Citizens to Be Heard, Roy Barraclough stated that he was the
former CEO of Moab Regional Hospital and was soon to be the former
Administrator of the Canyonlands Community Care Center. Mr.
Barraclough stated that he and his wife would soon be leaving the
community and he expressed his gratitude for working with the City
Council, City Staff and the Moab Community.
Joe Kingsley stated that he wanted to alert the City council that he had
had received information at a health lecture that he had attended in
Nevada that E-cigarettes account for the number one portal to illegal
drug use.
Randy Day spoke regarding property on Center Street and stated that he
had visited with City Staff and had made no progress resolving the
issues. Mr. Day stated that the property owners have land that is in
effect a taking of property by the City and that they also own a retention
dam that is important to the community. Mr. Day stated that he is
concerned about the lack of progress and that there are two major
issues that still need to be addressed. Mr. Day stated that he would be
back in four weeks to speak again.
October 28, 2014
REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Page 1 of 7
A Community Development Department Update was not given.
Under Engineering Department Update, Assistant City Engineer
Johanson that he had been working on reviewing plans and a cost
estimate for Deer Trail Subdivision as well as working with developers
on Entrada at Moab Subdivision. Assistant City Engineer Johanson
stated that bids had been received for the 500 West Waterline Project,
that there were a few cost issues and that he had met with an Architect
regarding the Lions Park project.
Mayor Sakrison presented Monica Villalpando with the Mayor's Student
Citizenship of the Month Award for October 2014 for Helen M. Knight
Elementary School.
A Planning Department Update was not given.
A Police Department Update was not given.
A Public Works Department Update was not given.
Mayor Sakrison opened a public hearing on Proposed Resolution #39-
2014 — A Resolution Conditionally Approving a Conditional Use Permit
for a Bed and Breakfast Located on the McElhaney Property at 100
Arches Drive in the R-2 Zone to Public Hearing on October 28, 2014 at
7:22 PM.
Kris Hurlburt stated that she lives in Walker Subdivision and that her
subdivision will be used for access to the proposed bed and breakfast
which will cause an impact to the surrounding neighborhood. Ms.
Hurlburt stated that she did not feel that the Planning Commission had
considered the negative impact on a quiet, peaceful, cul-de-sac when
the Moab City Code states that there must be no clear minimum
negative impact. Ms. Hurlburt speculated the following impacts:
1. Property values will go down.
2. Traffic will increase
3. There will be increased noise from patrons.
4. The dynamic of the neighborhood will change.
5. Lighting will increase in the neighborhood due to traffic and car
lights.
6. It will break up the community and could have serious impacts.
Christina Sloan stated that she was an attorney and had been hired by
the residents of Arches Drive who are unanimously opposed to the
proposed bed and breakfast as is the surrounding neighborhood.
October 28, 2014
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
MAYOR'S STUDENT OF THE
MONTH PRESENTATION -
MONICA VILLALPANDO,
OCTOBER 2014
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
PUBLIC HEARING OPENED ON
PROPOSED RESOLUTION #39-
2014 - CONDITIONAL USE
PERMIT FOR A BED AND
BREAKFAST AT 100 ARCHES
DRIVE
PUBLIC COMMENT
Page 2 of 7
Ms. Sloan offered the following list of objections to the proposed bed
and breakfast:
1. The use and scope of the proposed bed and breakfast will
change the quality of the surrounding neighborhoods.
2. The applicants have not demonstrated clearly minimal negative
impacts.
3. The neighborhoods north of 400 East Street are higher quality
neighborhoods as there are no overnight rentals in the
immediate vicinity of this project.
4. The increased traffic will be up -hill on 200 South Street and
commercial traffic on a hill increases wear and tear on the
streets and will lead to increased speeding on 200 South Street.
5. The proposed bed and breakfast is located on a dead end street
therefore traffic cannot be adequately diffused and being the
last lot on a dead end street the in and out traffic will pass by all
houses on the street.
6. The proposed bed and breakfast is a "new -built" bed and
breakfast and the City hasn't approved a "new -built" bed and
breakfast in years.
7. The scope of the project is 6,000 square feet including two
garages — there are concerns that the lot is adequate to
accommodate such a large project.
8. The community does not need more strife.
9. The changes the City has made to municipal code indicates a
trend in public policy to limit overnight rentals.
10. Traffic will increase in the neighborhood as the existing day care
is a fraction of the traffic and the nature of the traffic will
change.
11. The one year review period is not consoling as the City will have
a hard time taking the permit away.
12. Overnight rentals will create traffic issues at night.
13. The proposed project provides four parking spaces for utility
trailers.
14. The scope of the site plan is not compatible with the surrounding
neighborhood.
15. The neighbors are sympathetic that the applicants are seeking a
new vocation.
Vicki Webster stated that she lives at 795 Hillside Drive and that her
primary concern is the potential increase in traffic volume and the
safety concerns. Ms. Webster inquired if the potential maximum impact
is acceptable if the project is approved. Ms. Webster continued that a
commercial level of traffic on a hill will have a negative impact and that
a bed and breakfast that is the center of recreational activities will have
October 28, 2014
PUBLIC COMMENT
(CONTINUED)
Page 3 of 7
more than a minimal impact on the neighborhood which is not allowed
according to Moab Municipal Code. Ms. Webster stated that she feels
approval of the project would set a precedence for other vacant lots on
Arches Drive. Ms. Webster offered that she values the McElhaneys as
neighbors but would like a reasonable compromise such as no parking of
trailers and passenger vehicles only.
Cheryl Decker stated that she lives in the Walker Subdivision and she is
worried about the potential of increased traffic and the safety concerns
for the subdivision. Ms. Decker pointed out that there are no sidewalks
in the subdivision and that families and children regularly play in the
streets. Ms. Decker stated that she is concerned about the alteration
the proposed project could cause to the subdivision and that the City
could add sidewalks but that would be too big of a tax burden.
Rick Donham stated that he has lived at 232 Walker Street for the past
15 years and he has a long term sense of his residence. Mr. Donham
stated that building a brand new bed and breakfast will have an
incredible impact on the neighborhood and that this particular
neighborhood is the center of children gathering for Halloween for our
community. Mr. Donham stated that his sister had an overnight rental
in the Hecla subdivision and that she had received a lot of complaints
from surrounding neighbors and had found it to be not profitable. Mr.
Donham stated that he likes that his neighborhood is very quiet and we
would rather not have machinery noise where he resides. Mr. Donham
stated that he feels the proposed project will have a high impact on the
residential neighborhood and he requested that the City Council deny
the project or place appropriate conditions to mitigate the issues.
Sasha Reed stated that she is concerned about the impacts on the
neighborhood and that she considers the neighborhood to be very
special. Ms. Reed observed that the neighborhood has no sidewalks and
can be very difficult for out-of-town drivers to navigate.
Mike Duncan stated that he lives at 579 Rosetree Lane and that there is
a trail or route over the top of Arches Court and that he can hear traffic
and UTVs on that trail. Mr. Duncan stated that he is concerned about
the increase in traffic and that the utility access corridor that goes
straight into Rosetree Lane may have to be gated off.
Dean Nebergall stated that he lives on Walker Street, that he is a retired
Civil Engineer and that the neighborhood is a great, quiet place where
children play in the street. Mr. Nebergall emphasized that the criteria
for approval is the clear possibility for minimal negative impact. Mr.
October 28, 2014
PUBLIC COMMENT
(CONTINUED)
Page 4 of 7
Nebergall stated that he couldn't find facts that supported the finding in
the staff memo of minimal impacts on the neighborhood. Mr.
Nebergall stated that he had visited the City Planning department to
review the traffic study that was referenced in the staff memo and that
the traffic study could not be located for review. Mr. Nebergall stated
that as a retired Civil Engineer that he supported Jim Webster's traffic
projections including a significant increase in ATV and motorcycle traffic.
Mr. Nebergall stated that the potential increase in noise levels would be
a negative impact on the neighborhood and that the grade of the road
will impact the noise and safety as well. Mr. Nebergall stated that the
proposed project has a significant chance to negatively impact the
surrounding neighborhoods and he urged the City Council to protect
those neighborhoods.
Mike Steele stated that he lives at 110 Arches Drive and that his home is
a very sacred place for him and his family. Mr. Steele stated that the
proposed bed and breakfast has caused a lot of emotions in his home
and that he has researched the Moab Municipal Code and found several
key points of non-compliance. Mr. Steele stated that applicants must
clearly show that the project won't change the character of the
neighborhoods. Mr. Steele made a sincere plea for the City Council to
protect the integrity of his neighborhood by putting the application to
rest.
Kathy Cooney stated that she has lived at 895 Locust Lane for 28 years
and that while Mulberry Grove doesn't allow car traffic, it is noisier than
her quiet neighborhood. Ms. Cooney stated that she considers quiet to
be a tonic and that when she walks up the hill behind her house she can
hear the individual noises in her neighborhood. Ms. Cooney stated that
she is not against entrepreneurship and wants to keep friendships in the
neighborhoods. Ms. Cooney also stated that she wants the McElhaneys
to be happy and keep the neighborhood happy and that she's not sure
how to achieve that. Ms. Cooney stated that patrons will stay at a bed
and breakfast for one night but the neighborhood is there every night
for years.
Janet Steele submitted a written comment for the public hearing stating
that she is opposed to the proposed project.
Anne Clare Erickson submitted a written comment for the public hearing
stating that she does not think that the applicant has shown the project
will not change the character of the neighborhood. Ms. Erickson stated
that regardless of the proposed project being marketed to jeepers and
ATV users, there will be additional traffic noise which she finds
October 28, 2014
PUBLIC COMMENT
(CONTINUED)
Page 5 of 7
unacceptable. Ms. Erickson urged the City Council to please listen to the PUBLIC COMMENT
residents of the neighborhood. (CONTINUED)
Glen Wanczyk and Rob Fleming submitted written comment for the
public hearing. Mr. Wanczyk and Mr. Fleming stated that they live at
687 Hillside Drive and respectfully requested that the City Council
carefully consider the petition for the conditional use permit which they
as neighbors oppose. Mr. Wanczyk and Mr. Fleming stated that they
believe the increased traffic and light and sound pollution will negatively
impact the peaceful environment of their neighborhood. Mr. Wanczyk
and Mr. Fleming requested that the City Council carefully consider the
integrity of the original intent of the Municipal Code in question and
uphold the promise of safety and peace to the homeowners and
neighbors in this peaceful community.
Jeramey and Mary McElhaney stated that they are the applicants of the
proposed bed and breakfast and that they had sent a letter to the City
Council previously. Mr. McElhaney stated that he believed all of the
neighbors would be happy to see them go and that they had not
threatened to build that they were building now. Mr. McElhaney stated
that he wanted to correct that Mary does have an employee for her
daycare business and that the first child arrives at their house at 4:45
AM and that he wanted to correct previous comments that he is not the
Red Rock 4-Wheelers president and had not been since 2007. Mr.
McElhaney also stated that in response to ATVs on the hill and utility
corridor that his proposal includes a fence to limit access to those areas.
Mr. McElhaney invited the Mayor and City Council to visit the site to see
where the front door would be. Mr. McElhaney stated that he had
thought through how to make the building easier on his neighbors when
he was designing the building and the layout on the lot. Mr. McElhaney
said that they would be willing to listen to comments or suggestions.
Mayor Sakrison stated that public comment would be accepted until the
November 25, 2014 Regular Council Meeting. Mayor Sakrison then
closed the public hearing at 8:16 PM.
Councilmember Peterson moved to approve Proposed Resolution # 46-
2014 - A Resolution Approving a Lease Agreement Between the Utah
Department of Transportation and the City of Moab For the Lease of
Lions Park UDOT Lions Park Lease Agreement. Councilmember Bailey
seconded the motion. The motion carried 5-0 aye.
Councilmember Bailey moved to approve Proposed Resolution #45-
2014 —A Resolution Approving the Solid Waste Collection Franchise
October 28, 2014
PUBLIC HEARING CLOSED
PROPOSED RESOLUTION #46-
2014, APPROVED
Page 6 of 7
Agreement. Councilmember Stucki seconded the motion. The motion
carried 5-0 aye.
No action was taken on Consideration of Proposed Ordinance #2014-11
— An Ordinance Establishing a Six Month Temporary Land Use
Regulation Pertaining to Short Term Rentals.
There was no Correspondence to be Read.
Under Mayor And Council Reports, Councilmember Ershadi stated that
she had spoken to Linda Whitham of the Nature Conservancy and she
had expressed an interest in using the Waste Water Treatment Plant
water discharge for the wetlands.
City Manager Metzler stated that staff would be in contact with Ms.
Whitham.
Under Administrative Report, City Manager Metzler stated that
interviews had been conducted for the City Engineer position and that
Police Lieutenant interviews would be conducted the same week.
No Report was given on City/County Cooperation.
Councilmember Ershadi moved to pay the bills against the City of Moab
in the amount of $260,598.32. Councilmember McElhaney seconded
the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 8:45 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
October 28, 2014
PROPOSED RESOLUTION #45-
2014, APPROVED
PROPOSED ORDINANCE #2014-
11, NO ACTION TAKEN
READING OF
CORRESPONDENCE
MAYOR AND COUNCIL
REPORTS
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
APPROVAL OF BILLS
ADJOURNMENT
Page 7 of 7