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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