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HomeMy Public PortalAboutMIN-CC-2008-08-12MOAB CITY COUNCIL REGULAR MEETING August 12, 2008 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. Mayor David L. Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Also in attendance were Councilmembers Gregg Stucki, Kyle Bailey, Sarah Bauman, Rob Sweeten and Jeffrey Davis; City Manager Donna Metzler, Deputy Recorder Danielle Guerrero, Planning Director Jeff Reinhart, City Engineer Daniel Stenta, Police Chief Mike Navarre, Animal Control Sergeant Randy Zimmerman, Community Development Director David Olsen, Public Works Director Brent Williams, Moab Arts and Recreation Center Director Bayley Rogers and Recreation Director John Geiger. Sixty three (63) members of the audience and media were present. Councilmember Sweeten moved to approve the Regular Meeting minutes of July 22, and the Special Meeting minutes of July 18 and August 6, 2008. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Under Citizens to be Heard, Sarah Melnicoff stated that there have been quite a lot of people drinking on the parkway and that the Friends of the Parkway are trying to implement a plan to help these people by offering seven dollars for each bag of trash or recycling that was cleaned up from the parkway. The Friends of the Parkway are also hoping to help these people by involving the medical community. Ms. Melcnioff stated that the program had been tested and that it had appeared to work well. A Community Development Department Update was not given. A Engineering Department Update was not given Under Planning Department Update, Planning Director Reinhart stated that on Thursday the Planning Commission will decide on seven public hearings which will be coming to the City Council. Mr. Reinhart stated that the planning staff has been working on the appeals to Lionsback. Mayor Sakrison read a letter written to Planning Director Jeff Reinhart and Planning Assistant/Zoning Administrator Sommar Johnson, commending them for a job well done in the removal of the old Stars building. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Williams stated that the 100 North reconstruction project would be under way this week and that it would take approximately one month to complete. He also asked that everyone to take alternate routes if possible. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE A Presentation was made by the Utah Food Bank regarding the Growing PRESENTATION Need for Food Services in Utah. Mayor Sakrison opened a public hearing on a Conditional Use Permit to PUBLIC HEARING OPENED Allow a Drive-upWindow at a Lending Institution in the C-1 Zone at PE CONDITIONAL USE g PERMIT 7:28 PM. Planning Director Reinhart stated that the Grand County Credit Union's August 12, 2008 Page 1 of 6 request for a drive up window had been approved by the Planning Commission on June 26, 2008 with the conditional use permit being implemented within one year. Judy Pierce stated that the Grand County Credit Union would be open only one night a week, on Wednesday's until 5:30. Ms. Pierce stated that the conditional use permit requiring a fence to block headlights from vehicles was not necessary. Mayor Sakrison closed the public hearing at 7:35 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 15 — An Ordinance Amending Title 17.00, Zoning, to Allow Factory Built Home Sales in the C-4 Zoning District as a Conditional Use at 7:35 PM. No public comment was given. Mayor Sakrison closed the public hearing at 7:38 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 23 — An Ordinance Amending Chapter 1.32 of the Moab Municipal Code by Adopting the Annexation Map as Found in the Moab General Plan to be the Annexation Policy Plan Map at 7:38 PM. No public comment was given. Mayor Sakrison closed the public hearing at 7:40 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 26 — An Ordinance Amending Title 8, Health and Safety, with the Addition of a New Chapter Addressing Violations for Overnight Camping on Unauthorized Areas and Properties at 7:40 PM. Sarah Melnicoff stated that she feels this ordinance is directed at people camping along the Parkway and feels that it singles out the local residents on the parkway. She also stated that she would like to see the City extend compassion to our fellow humans. Mayor Sakrison closed the public hearing at 7:42 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 34 — An Ordinance Amending the Official Moab Zoning Map at 7:42 PM. Randy Day stated that he was working with Red Rock Partners on this project and with a great deal of work there was currently a Special Meeting being held at Grand County. The reason for the meeting was to approve a twenty two acre development that Mr. Day was proposing. This project would include 40 affordable housing units. The project would be located at Millcreek Drive and Highway 191. Mr. Day stated that he has offered to move the current homes in the proposed zone change area for the owners and that he wants to keep all of these people in this community and in better homes. Mr. Day stated he feels that the housing the current residents are living in is in poor shape. Mr. Day stated that he would like to see the people in better housing and that he believes this project is a good thing and that it will help the down town area. Mr. Day stated that he appreciates the time and effort that city staff has put into this project. Mayor Sakrison asked if this zone change was denied what would happen to the current trailer park. Mr. Day stated that the park will still be closed because the liability is too high and that if the zone change is PUBLIC HEARING CLOSED PUBLIC HEARING OPENED ON ORDINANCE #2008-15 PUBLIC HEARING CLOSED PUBLIC HEARING OPENED ON ORDINANCE #2008-23 PUBLIC HEARING CLOSED PUBLIC HEARING OPENED ON ORDINANCE #2008-26 PUBLIC HEARING CLOSED PUBLIC HEARING OPENED ON ORDINANCE #2008-34 August 12, 2008 Page 2 of 6 denied he will look at alternate uses for the land, but that it would not remain a trailer park. Mr. Day stated again that he would like to help move the trailers that will meet code, but feels that most will not meet code. Marlene Bailey stated that she would like to know what will replace the homes that are being removed and that she feels the people will be better off if they were able to be relocated but not left without a home. Sarah Fields stated that her concern is changing a residential zone to a commercial zone and that she feels the change will allow commercial encroachment into the residential zone. Ms. Fields stated that the zone should remain residential because it is located close to the aquatic center, hospital and school and that she wants this area to remain residential and that she doesn't feel that we need a fancy resort community in this area. Nancy Wather and Ricky O'Neal stated that they understand the property is owned by Randy Day and that he has offered to move their home elsewhere, but there is nowhere to move the home. They agree there are some trailers that need to be torn down, but would like to see some of the homes salvaged. They stated that there are a limited number of rentals available and that it feels like an ethnic cleansing to them and that nine months is not long enough to find a new place to live that is affordable. They stated that they need a lot more help than just moving the homes because there is no land to move on to. They feel that the only choice they have is to sell and leave Moab and that they feel this will cause a domino effect. Sarah Melnicoff stated that it is horrible to watch Moab die and that everything that makes this place what it is, is dying. Ms. Melnicoff feels that we are kicking people out of their homes that are the heart and soul of this town. Mike Suarez asked the council to ask themselves some hard questions. Mr. Suarez feels that we are setting a precedent by granting this zone change. Nicole Parentice stated that she disagrees with this up -zone and that it will set a precedent for money and greed. Ms. Parentice stated that this zone change shows an utter and total lack of compassion and that she realizes that we cannot force a land owner to do anything on their land, but would like the up -zone stopped. Ms. Parentice stated that she likes Moab because it is diverse and doesn't want it to become a second home community and that she believes the domino effect has already begun with Powerhouse Lane. Kara Dohrenwend stated that she does not want to speak about the current evictions but she does have concerns and believes that the City needs to have workforce housing. Ms. Dorenwend sated that housing prices are too high and that there is not much R-4 zone in the City. Ms. Dohrenwend stated that she agrees that this rezone falls within the general plan, but feels that the affordable housing portion is more important and that she does not want the zone changed. Steven Langello stated that he lives in Grand Oasis and is against the zone change and that he feels that this zone change will set a bad precedent. Mr. Langello stated that he was moved out of Powerhouse Lane and feels that the domino effect will continue. Mr. Langello suggested that Mr. Day replace the old trailers with new ones. Mary Jane Kalaila asked how Randy gets to decide what is decrepit and feels that if he is doing everything that he can then he should move in new homes. Ms. Kalaila feels that this zone change is for money and PUBLIC HEARING CONTINUED August 12, 2008 Page 3 of 6 that the City needs to pay attention to the dignity of the people in this community and not leave these people homeless. Julianne Fitzgerald stated that to displace homes for a hotel seems very short -sited on the part of the city and that private property rights should not trump community rights. Ms. Fitzgerald stated that she would like this to remain an R-4 zone because these people are the core of our town and that the City needs a reality check. Alisha Lopez said she has tried to look for a new house but everything that they have found is too expensive. Ms. Lopez stated that her neighbors have moved in with two other families to be able to make rent. Ms. Lopez stated that they live in places that don't have expensive rent and asked what the point was to live in a home that is too expensive. Ms. Lopez feels that everyone that lives in this park is in the same boat, low income with little resources. Charles Kulander stated that he feels the City should not have a commercial zone that close to the swim center and school. Mr. Kulandar stated that he does not feel a resort is plausible and wonders what is actually going to be built and that it is not a wise choice. Laurel Hagen stated that affordable housing is a huge issue in Moab and that this zone change is not the right of the property owner to demand; it is a favor and that all small decisions have a large impact on the community. Ms. Hagen believes that approving this zone change is not justified and that the City needs affordable housing . Francisco Ibarra stated that he worked hard to move here from La Sal and that his home is too old to move and if they had known what was going to happen, he would not have purchased it and put a lot of money into fixing up his home. Mr. Ibarra doesn't want to put any more money or effort into the home because he believes that he is going to lose his home. Cathryn Wilson stated that she is not for or against the decision on this property, but is concerned about the people that live in these homes. Ms. Wilson stated that there is no other land that is zoned for a trailer park within the City and that people that own these homes need a place to put them. Ms. Wilson would like the City to help find a place for these people. Chris Baird stated that he feels Mr. Day has the right to do with his land whatever he wants and that it is clear that affordable housing is a major need in this community. Mr. Baird would like this property to be re- zoned to a zone that has not been made yet because he feels that in the future, there will be a better zone for this property and that affordable housing is a much higher need than a resort. Mr. Baird stated that when changing zones we need to look at the needs of the community and not one person. Marcia Tendick stated that she feels we need to provide housing for our low income people and that it is our responsibility to have places for these people to live. Ms. Tendick stated that Moab is hurting for workers and moving these people out will hurt our community, that the health of the community is what should be considered and that she is opposed to the zone change. Elizabeth Jimenez stated she feels that she will have to leave Moab and that she is being forced to leave her home. Ms. Jimenez stated that she can only afford to live in town and that losing this residential area is not OK. Ms. Jimenez doesn't feel that this zone change is fair to any of these people and that it has gone too far. PUBLIC HEARING CONTINUED August 12, 2008 Page 4 of 6 Kiera Knight stated that she was upset with the disrespect from the people in the audience and that Randy didn't come from riches, and that the trailer park is going to be gone with or without the zone change because the trailers are decrepit. Ms. Knight stated that the option of buying new trailers is a large expense that should not revert to one person. Ms. Knight feels that changing from the Red Rock Lodge to a resort is an improvement. Lee Goodman stated that she has lived in Moab for 25 years and feels that zoning really changes the whole area. Audrey Graham stated that she has respect for Mr. Day and his daughter and wants to know if he builds a hotel, where will the help live. Ms. Graham stated that the City needs to hold Mr. Day responsible for purchasing this land and then wanting to change the zone and to reassure the public that there are options available . Randy Day stated that if there were a piece of property in the City that he could build a new trailer park on he would, but even then, the rent would be around one thousand dollars a month because the cost of everything is so high. Mr. Day states that the resort will be an improvement and that change happens. Mr. Day also stated that the Grand County Council had approved the Millcreek project and that is located only two miles from the proposed zone change and that he feels that he is helping by making affordable housing. Mr. Day stated that he will look at each home on an individual basis to see if he can purchase or help offset the amount that they have invested. Mr. Day stated that yes, he is going to make a profit, but he does not want to hurt people in the process and wants to let the community know that he wants to make the town better for everyone and will help if he can. Mayor Sakrison closed the Public Hearing at 9:00 PM Mayor Sakrison adjourned for a five minute break. Councilmember Sweeten moved to approve the Consent Agenda as follows: 1) Approval of a Request by Jon Olschewski for Amplified Music Event at Old City Park on September 6 and 7, 2008; 2) Approval of a Request by the Moab Arts and Recreation Center for Use of Public Right-of-way Located at 100 East from 100 North to Center Street and 159 East Center Street on October 14 to 19, 2008; 3) Approval of a Special Event Business License for the Moab Arts and Recreation Center to Conduct the Moab Confluence Literary Festival on October 14 to 19, 2008 at Various Locations; 4)Approval of a Request to Send Proposed Ordinance #2008-28-An Ordinance Amending Moab City Code Section 17.48 Regarding the R-3 Residential Zone to Public Hearing; 5)Approval of a Request to Send Proposed Ordinance #2008-29-An Ordinance Amending Moab City Code 17.51 Regarding the R-4 Residential Zone to Public Hearing; 6)Confirmation of a Mayoral Appointment of Jeanette Kopell to the Moab City Board of Adjustments. Councilmember Stucki seconded the motion. The motion carried by roll -call -vote 5-0 aye. Councilmember Bailey moved to approve Proposed Ordinance #2008- 21 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab — North Area Annexation. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Request by Stephen Johnston for Approval of a Boundary Line Adjustment for the Mary Jane Subdivision. Councilmember Davis seconded the motion. The motion carried 5-0 aye. PUBLIC HEARING CONTINUED PUBLIC HEAING CLOSED BREAK APPROVAL OF CONSENT AGENDA ORDINANCE #2008-21 APPROVED BOUNDARY LINE ADJUSTMENT APPROVED August 12, 2008 Page 5 of 6 Councilmember Davis moved to approve Proposed Resolution #24- 2008 — A Resolution Adopting an Interlocal Agreement for the Provision of Special Event Law Enforcement Services By and Between Grand County and the City of Moab. Councilmember Bailey seconded the motion. The motion carried by roll -call -vote 5-0 aye. City Manager Metzler made a presentation regarding the Use of Water Impact Fees for Water Tank Construction. Discussion followed. City Manager Metzler made a presentation regarding South Area Annexation. Discussion followed. Councilmember Bailey moved to postpone the Discussion Regarding Provision of Services to Mulberry Grove PUD. Councilmember Sweeten seconded the motion. The motion carried by roll -call -vote 5-0 aye. City Manager Metzler made a presentation regarding the provision of Services to Mulberry Grove PUD. Discussion followed. Discussion Regarding Revised Interlocal Agreement for the Joint Financing of a Recreation Center Complex There was no Correspondence to be Read. Under Administrative Report, a written report was distributed. City Manager Metzler stated that there would be a workshop on Lionsback on August 26, 2008 at 5:45 PM Prior to the Regular Meeting. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember Bauman moved to Pay the Bills Against the City of Moab in the Amount of $496,861.81. Councilmember Sweeten seconded the motion. The motion carried by roll -call -vote 5-0 aye. Councilmember Bailey moved to enter into an executive session to Discuss Pending or Reasonably Imminent Litigation. Councilmember Sweeten seconded the motion. The motion carried by roll -call -vote 5-0 aye. Executive Session entered at 10:15 PM RESOLUTION #24-2008 APPROVED DISCUSSION REGARDING USE OF WATER IMPACT FEES DISCUSSION REGARDING S. AREA ANNEXATION DISCUSSION POSTPONED DISCUSSION REGARDING MULVERRY GROVE PUD READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS EXECUTIVE SESSION Mayor Sakrison closed the Executive Session and adjourned the Regular ADJOURNMENT Meeting at 10:23 PM APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder August 12, 2008 Page 6 of 6