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HomeMy Public PortalAboutMIN-CC-2012-12-11MOAB CITY COUNCIL REGULAR MEETING December 11, 2012 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 6:00 PM. In attendance were Councilmembers Kyle Bailey, Jeffrey Davis, Kirstin Peterson, Doug McElhaney and Gregg Stucki; Planning Director Jeff Reinhart, Assistant City Engineer Eric Johanson, City Treasurer Jennie Ross, Community Development Director David Olsen, Police Chief Mike NaVarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. A Presentation was made by Jason Broome of Forsgren Engineering Regarding Options for Providing Water and Sewer in the North Area to Lions Park. Discussion followed. REGULAR MEETING & ATTENDANCE WORKSHOP PRESENTATION BY FORSGREN ENGINEERING Mayor Sakrison called the Regular City Council Meeting to order at 7:00 REGULAR MEETING CALLED TO PM. Nineteen (19) members of the audience and media were present. ORDER Councilmember Peterson moved to approve the Regular Council Meeting Minutes of October 11 and 25, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that he would provide a Community Development Block Grant recommendation soon and that the "Welcome to Moab" signs were completed. Community Development Director Olsen thanked Scott Anderson for working on the project and for donating approximately $7,000 to the project. Community Development Director Olsen also thanked the late Josh Riggs for his work on the project and stated that he was a great guy who would be missed a lot. Under Engineering Department Update, Assistant City Engineer Eric Johanson stated that things were going well since City Engineer Andrus had been absent and that the department would soon be utilizing interns from Grand County High School who would be working on t a survey of sewer manholes to help complete a hydraulic model of the sewer system. Under Planning Department Update, Planning Director Reinhart reviewed the upcoming Planning Commission agenda and stated that several small additions and remodels were being reviewed by City Staff for commercial businesses. Planning Director Reinhart then stated that he would soon be receiving draft portions of the General Plan revision. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that he had been working on the North Area Professional Engineering Review and thanked the Public Work Departments for completing the demolition at Rotary Park. Mayor Sakrison presented Hallie Packard with the Mayor's Student APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION OF STUDENT OF THE MONTH December 11, 2012 Page 1 of 5 Citizenship of the Month Award for November 2012 for Helen M. Knight School. Mayor Sakrison opened a public hearing on Proposed Ordinance #2013- 01 — An Ordinance to Amend Title 17.00 of The Moab Municipal Code, Specifically Chapters 17.15, 17.42, 17.45, 17.48, and 17.51 and Those Sections Dealing Specifically with the Area, Width, and Location Requirements for Residential Uses, as Referred to Council by the Planning Commission at 7:15 PM. Planning Director Reinhart gave a staff overview of the Ordinance. PUBLIC HEARING OPENED ON PROPOSED ORDINANCE #2013- 01 STAFF OVERVIEW Lucy Wallingford stated that she lives at 367 East and 100 North. Ms. PUBLIC COMMENTS Wallingford read a prepared statement summarized as follows: Ms. Wallingford stated that she was requesting no changes to the proposed ordinance except for clarifications. Ms. Wallingford continued that a group of concerned citizens had attended Planning Commission Workshops as well as Public Hearings and feel that they have been ignored. Ms. Wallingford requested changes/additions of the following: 1) that the character of neighborhoods be preserved; 2) that property values be maintained, 3) changes to density be mitigated, 4) no mention of solar gain, 4) no mention of changes in grade, 5) no mention of off- street parking, 6) no mention of play areas for children, 7) no mention of storm drainage and water table issues. Ms. Wallingford stated that the former City Engineer, Dan Stenta, had discussed the concept of a building envelope at a previous workshop regarding building height being reduced the closer the building is located to the property line and that she has spoken to Planning Staff about that concept now and was told that it was too much trouble to enforce. Ms. Wallingford stated that she disagrees with changing the building setbacks, disagrees with allowing duplexes on 5,000 square foot lot, Ms. Wallinford continued that the proposed ordinance is unfair to current citizens, is based on an unfounded rationale of increasing affordable housing and requested that the City Council not pass the proposed ordinance but rather refer it back to Planning Commission to address the issues she has brought to the Council's attention. Ms. Wallingford then thanked the City Council for serving. Drake Taylor stated that he disagrees with the front setback revision and is against the proposal until he receives an answer to questions he has posed to City Staff. Diane Walker stated that she lives at 268 East 100 South and that she is also against the proposed ordinance. Ms. Walker stated that she would like language included in the ordinance to protect neighbor's solar gain/access and that she had found language from Telluride , Colorado regarding protecting solar access. Ms. Walker then distributed copies of the language sample. Steve Goodwin stated that he is a resident of Grand Oasis and is seeking a change of the MHRV-1 zone. Mr. Goodwin then read a prepared statement regarding Grand Oasis and affordable housing. Emily Niehaus stated that she is the founder and chairperson of Community Rebuilds and is in favor of the proposed ordinance. Ms. December 11, 2012 Page 2 of 5 Niehaus stated that she shares the concerns of others but is still in support of the proposed ordinance and as far as solar gain sees the building height as more of an issue than the setback distance. Ms. Niehaus stated that in the Evan Subdivision the setback distance changes helped put small affordable homes in that subdivision. Kelly Thornton, Chair of the Moab City Planning Commission stated that there may be some confusion regarding the proposed ordinance as parking and grade requirements have not changed. Ms. Thornton stated that the building envelope concept would be too costly to enforce and the cost of engineering wouldn't yield enough benefit to warrant the cost. Ms. Thornton stated that the Planning Commission is a volunteer board that had spent a lot of time on this issue, that it would be impossible to make everyone happy, and that this proposed ordinance represents a compromise. Ms. Thornton stated that she feels strongly about affordable housing and would also like to preserve the dignity of our community. Planning Director Reinhart stated that the parking would remain the same in the proposed ordinance for single family dwellings as well as duplexes and that a duplex would not be allowed on a 5,000 square feet lot but on a 6,000 square feet lot. Planning Director Reinhart continued that the 40 feet height limit was across the entire city and the proposed ordinance reduces that limit to 30 feet. Mayor Sakrison closed the public hearing at 8:05 PM. Councilmember McElhaney moved to approve an Application to Vacate, Alter or Amend the Doherty Subdivision Plat Located at 283 Hobbs Street in the R-2 Zone. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve an Application to Vacate, Alter or Amend the Plat of the Walker Properties Located at 260-290 South Main Street in the C-3 Zone. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Class II Retail Beer License Application for Terri Lynne Gutterson, d.b.a. Twisted Sistas LLC, Located at 11 East 100 North to Conduct a Restaurant. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember David moved to approve Local Consent for a Full -Service Restaurant Liquor License for Twisted Sistas Cafe Located at 11 East 100 North. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Class III Beer License for Sandra Kay Peters, d.b.a. 7-Eleven #53612 Located at 299 South Main Street to Conduct Retail Beer Sales for Off Premise Consumption. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Stucki moved to approve the Street System and Waterline Dedication and Warranty of Improvements for the Moab Valley Healthcare Campus Subdivision. Councilmember McElhaney PUBLIC COMMENTS CONTINUED STAFF COMMENTS PUBLIC HEARING CLOSED APPLICATION TO VACATE, ALTER OR AMEND DOHERTY SUBDIVISION PLAT, APPROVED APPLICATION TO VACATE, ALTER OR AMEND THE PLAT OF THE WALKER PROPERTIES, APPROVED CLASS II RETAIL BEER LICENSE FOR TERRI LYNNE GUTTERSON, D.B.A. TWISTED SISTAS LLC LOCATED AT 11 EAST 100 NORTH, APPROVED LOCAL CONSENT FOR A FULL - SERVICE LIQUOR LICENSE FOR TWISTED SISTAS CAFE LOCATED AT 11 EAST 100 NORTH, APPROVED CLASS III BEER LICENSE FOR SANDRA KAY PETERS, D.B.A. 7- ELEVEN LOCATED AT 299 SOUTH MAIN STREET, APPROVED STREET SYSTEM AND WATERLINE DEDICATION AND WARRANTY OF IMPROVEMENTS FOR MOAB December 11, 2012 Page 3 of 5 seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Proposed Resolution #19- 2012 — A Resolution Accepting the Required Improvements for the Moab 2012, APPROVED Valley Healthcare Campus and Releasing the Performance Guaranty. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. VALLEY HEALTHCARE CAMPUS, APPROVED Councilmember Bailey moved to approve Amendment #1 to the Millcreek Village Improvements Agreement. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. The Discussion Regarding North Area Water and Sewer Services to Lions Park was canceled. Councilmember Bailey moved to approve the Consent Agenda as follows: 1) Council Appointment of the Mayor Pro-Tem as Councilmember Kyle Bailey; 2) Council Designation of a Councilmember Responsible for Approving Bills as Jeffrey Davis; 3) Confirmation of a Mayoral Appointment of Kelly Thornton to the Moab City Planning Commission for a Term Ending December 31, 2017; 4) Approval of the 2013 Regular City Council Meeting Schedule as presented; 5) Approval of the 2013 Moab City Holiday Schedule as presented; 6) Approval of Proposed Resolution #21-2012 - A Resolution of the Governing Body of the City of Moab Authorizing Delinquent Terminated Utility Accounts to be Written Off the Accounting System in the amount of $1,628.76; 7) Approval of Proposed Resolution #22-2012—A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the Annual City Employee Holiday party would be on December 15, 2012 at the Moab Brewery. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Peterson stated that she was involved in the Homeless Coordinating Committee. Councilmember McElhaney moved to approve the bills against the City of Moab in the amount of $709,566.46. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:22 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder PROPOSED RESOLUTION #19- AMENDMENT #1 TO THE MILLCREEK VILLAGE IMPROVEMENT AGREEMENT, APPROVED DISCUSSION CANCELED CONSENT AGENDA, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT December 11, 2012 Page 4 of 5 December 11, 2012 Page 5 of 5