HomeMy Public PortalAboutMIN-CC-2008-09-23MOAB CITY COUNCIL
REGULAR MEETING
September 23, 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 6:00 PM for the purpose of an affordable housing
project workshop.
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 and Rob Sweeten; City Manager Donna
Metzler, City Recorder/Assistant City Manager Rachel Ellison,
Planning Director Jeff Reinhart, Administrative Analyst/Economic
Development Specialist Kenneth F. Davey, City Treasurer Jennie Ross,
and Community Development Director David Olsen. Sixty-four (64)
members of the audience and media were present.
Councilmember Bailey moved to approve the Regular Council meeting
minutes of August 26 and September 2, 2008 and the Special Council
meeting minutes of August 29, 2008. Councilmember Sweeten
seconded the motion. The motion carried 4-0 aye.
There were no Citizens to be Heard.
Under Community Development Department Update, Community
Development Director Olsen stated that he had applied for a grant for
the 300 South 400 East Corner Park through the Tree Utah Program.
An Engineering Department Update was not given.
A Planning Department Update was not given.
A Police Department Update was not given.
A Public Works Department Update was not given.
Mayor Sakrison presented Abbie Camps with the Mayor's Student
Citizenship of the month award for September 2008 for Helen M.
Knight Intermediate School.
Roy Barraclough, C.E.O. of Allen Memorial Hospital, gave a
presentation updating the hospital project.
Councilmember Bailey moved to approve a request by Lightfoot's
Emporium for Use of City Right-of-way at Various Locations on Main
Street to Conduct an Annual Sidewalk Sale on October 11 and 12, 2008.
Councilmember Sweeten seconded the motion. The motion carried 4-0
aye.
Approval of Proposed Ordinance #2008-36 — An Ordinance Granting to
Questar Gas Company a Franchise for the Construction, Operation and
Maintenance of a Natural Gas Distribution System in Moab City, Grand
County, State of Utah was canceled at the request of Questar Gas
Company.
Councilmember Bauman moved to approve Proposed Resolution #29-
2008 — A Resolution Approving the First Addendum to the Interlocal
Agreement for the Provision of Film Commission Services for Grand
County by and between Grand County and the City of Moab.
Councilmember Stucki seconded the motion. The motion carried 4-0
REGULAR MEETING &
ATTENDANCE
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY
DEVELOPMENT UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
STUDENT OF THE MONTH
PRESENTATION
REQUEST FOR USE OF
CITY RIGHT-OF-WAY,
APPROVED
PROPOSED ORDINANCE
#2008-36, CANCELED
PROPOSED RESOLUTION
#29-2008, APPROVED
September 23, 2008 Page 1 of 7
aye by a roll -call -vote.
Councilmember Sweeten moved to Send a Proposed Conditional Use
Permit Application to Allow a Bed and Breakfast in the R-3 Residential
Zone Located at 366 East and 100 North to Public Hearing on October
14, 2008. Councilmember Bauman seconded the motion. The motion
carried 4-0 aye.
Councilmember Sweeten moved to Send a Proposed Conditional Use
Permit Application to Allow a Secondary Dwelling in the R-3
Residential Zone Located at 143 East 100 North to Public Hearing on
October 14, 2008. Councilmember Bauman seconded the motion. The
motion carried 4-0 aye.
Mayor Sakrison opened a public hearing on Proposed Ordinance #2008-
24 — An Ordinance to Amend Title 17.00 of the Moab Land Use Code
by Removing Reference to the Development Regulations for the R-3
Zone from the Development Regulations in the C-1, C-2 and C-4
Commercial Zones 7:25 PM.
Planning Director Reinhart gave an overview of the proposed ordinance.
Diane Walker stated that the C-1 zone was originally created to be a
buffer between Commercial and Residential zones. Ms. Walker
inquired if the proposed zone change eliminated the setback and if the
zone would no longer be a buffer.
Planning Director Reinhart stated that there would be no change to the
setback requirements.
Mayor Sakrison closed the public hearing at 7:29 PM.
Mayor Sakrison opened a public hearing on Proposed Ordinance #2008-
28 — An Ordinance Amending Moab City Code Section 17.48
Regarding the R-3 Residential Zone at 7:29 PM.
Planning Director Reinhart gave an overview of the proposed ordinance.
City Manager Metzler gave an overview of staff revisions to the
proposed ordinance.
Lucy Wallingford stated that she feels that the proposed ordinance is a
bad plan, is bad for neighborhoods and should be scrapped. Ms.
Wallingford stated that she is trying to protect our neighborhoods and
feels that it is hard to address both zones at once. Ms. Wallingford
requested that the Council break out the zone amendments individually.
Ms. Wallingford stated that she would be addressing the R-3 zone
specifically. Ms. Wallingford stated that you just need to read the code
to see what is possible. Ms. Wallingford then proceeded to explain her
position on the differences between the old code, the new code and the
staff revisions on a white board.
Karla Hancock (former Moab City Mayor) stated that she has a deep
concern for low and middle income individuals who are trying to find
housing but that she is opposed to the text changes to the R-3 and R-4
zones to increase density. Ms. Hancock stated she has visited those in
need of low income housing and agrees that it is a problem that needs a
solution. Ms. Hancock stated that those individuals would lose privacy
and independence in a high density development and that she feels it is
not realistic to eliminate play space or a private yard. Ms. Hancock
stated that the City must come up with a better plan and has historically
given out mixed messages in regard to density and affordable housing.
Ms. Hancock requested that the Council not risk opening a Pandora's
PROPOSED CONDITIONAL
USE PERMIT APPLICATION
TO ALLOW A BED AND
BREAKFAST IN THE R-3
ZONE LOCATED SENT TO
PUBLIC HEARING
PROPOSED CONDITIONAL
USE PERMIT APPLICATION
TO ALLOW A SECONDARY
DWELLING IN THE R-3
ZONE SENT TO PUBLIC
HEARING
PUBLIC HEARING OPENED
PUBLIC COMMENT
PUBLIC HEARING CLOSED
PUBLIC HEARING OPENED
PUBLIC COMMENT
September 23, 2008 Page 2 of 7
Box for future developments by approving this proposed ordinance.
Ms. Hancock requested that the Council act on behalf of all of their
constituents and keep the integrity of the neighborhoods constant. Ms.
Hancock asked that the Council vote no on the proposed ordinance.
Craig Hibberd stated regarding the R-3 and R-4 amendments that he
agreed that our community was in need of affordable housing but that
he felt that this was a poor proposal and should be voted down. Mr.
Hibberd stated that he felt the amendments were rushed and that no
research was completed. Mr. Hibberd stated that the proposed
ordinance also polarizes and alienates our community. Mr. Hibberd
continued that he is in favor of affordable housing and always has been.
Mr. Hibberd then passed around several physical models of the
proposed residential density. Mr. Hibberd then distributed some
proposed alternate language for the zone amendments. Mr. Hibberd
then read two letters from planners regarding the proposed zone
amendments. Mr. Hibberd stated that the Affordable Housing
Taskforce was developing better ideas to address affordable housing.
Mr. Hibberd thanked the Council for their time and willingness to work
together to find a solution.
Lola McElhaney thanked the Council and audience for their time and
work. Ms. McElhaney stated that she feels that the waiver for parking
spaces and play areas is a really bad idea that will develop substandard
housing. Ms. McElhaney stated that she does not believe that the public
can utilize school playgrounds after hours. Ms. McElhaney stated that
four years ago she earned 47% of the area median income and would
not qualify for this housing.
Diane Walker stated that she is opposed to the proposed ordinances
#2008-28 and #2008-29. Ms. Walker was disturbed by the effect the
proposed ordinances would have on our neighborhoods. Ms. Walker
read a portion of the Moab General Plan. Ms. Walker asked the
Council to take the time to develop these ordinances thoughtfully and to
follow the general plan.
Bob Walker stated that he believes a workshop has been started and
progress could be made.
Fred Powell stated that he owns the property north of the existing
apartments. Mr. Powell stated that Moab Irrigation ditches should be
included for consideration. Mr. Powell stated that he is not opposed to
affordable housing within our existing code, but that living next to these
six units for most of his life, children do not travel to other areas to play,
but come to his yard to play. Mr. Powell stated that if the rules are to
keep our community decent then he is in favor of them.
Bob Owen stated that he has been a member of the community for quite
sometime and he has been consistent in his opposition to zone changes
and he feels that this is a zone change in sheep's clothing. Mr. Owen
stated that we should be able to incorporate affordable housing into our
community without impacting existing neighbors and that something
better can be developed.
Clara Shafer stated that she lives next to apartments and owns three
adjoining lots. Ms. Shafer stated that four generations of Shafers have
lived on her property and putting larger apartments in would require a
larger driveway for which she would need to sell property. Ms. Shafer
stated she would also lose her irrigation, her well, her apricot trees and
her garden. Ms. Shafer stated that she would need to tear down one of
the rental units and it would have a negligible effect on the value of her
property. Ms. Shafer stated that she does not think that changing the
zoning would be an appropriate thing to do.
PUBLIC COMMENT
CONTINUED
September 23, 2008 Page 3 of 7
Laura Uhle stated that she is the current owner of Moab Property
Management and the proposed Ferndale Apartments property and that
she is a proponent of the proposed ordinance and that the community's
fears can be allayed. Ms. Uhle stated that Moab is not the first
community to deal with these issues. Ms. Uhle stated that ten principles
of smart growth have to be incorporated into each project. Ms. Uhle
then read the ten principles and read some case examples. Ms. Uhle
stated that smartgrowth.com gives out a lot of valuable information
regarding this topic. Ms. Uhle gave examples of criteria that must be
met before a development application can be approved yielding positive
results for everyone. Ms. Uhle stated that the single factor that will
prohibit the development of any affordable housing is the cost of
property. Ms. Uhle stated that affordable housing will not continue
with these trends. Ms. Uhle gave examples of the viable uses of the
Ferndale Apartments property, none of which she stated are affordable
housing. Ms. Uhle stated that affordable housing projects are labors of
love and community service intensive. Ms. Uhle encouraged the
audience and Council to come up with solutions collectively.
Steve Shafer inquired why housing is not affordable here and continued
that it is due to the lack of well -paying employment opportunities within
our community and stated that he thinks that improving the standard of
living should be a primary goal. Mr. Shafer stated that the State of Utah
cannot relocate employees here due to the high cost of living. Mr.
Shafer stated that if the standard of living goes up, drug use and crime
should go down. Mr. Shafer stated that there is no job and tax base
within our community. Mr. Shafer stated that scarcity increases value.
Mr. Shafer stated that he is not opposed to affordable housing; however
this proposed zoning is not the answer.
Chris Baird stated that he is a member of the affordable housing task
force and thanked the Moab City staff and citizens who have worked on
the proposed ordinance. Mr. Baird stated that the ordinance passed by
the Moab City Planning Commission was unacceptable to him. Mr.
Baird then reviewed alternatives to the recent staff revisions of the
proposed ordinances. Mr. Baird stated that he has no doubt that
affordable housing projects will have some negative impacts for
neighbors, but that the need for this housing outweighs those impacts.
Mr. Baird stated that very few developers will want to tie up their assets
long term for affordable housing projects. Mr. Baird stated that he does
not advocate that the entire land use code be revised before affordable
housing revisions can take place, but that we are in a dire situation and
need to solve the problem. Mr. Baird hopes that the community realizes
the need for affordable housing and that it will have to be in someone's
backyard.
Robyn Guymon stated that he is against both proposals and can't
understand how the City can be making a blanket zone change for R-3
and R-4 zones. Mr. Guymon then showed a visual representation of his
home and stated that the proposed ordinances are unacceptable. Mr.
Guymon stated that there have been sewer issues in his neighborhood as
well and the City has stated that the sewer line is ancient.
David Bodner stated that he has lived in other boom towns and that he
and his wife employ about 20 people, many of whom have issues
finding housing. Mr. Bodner stated that one of the issues with this
proposal is there would be no parking anywhere around here. Mr.
Bodner stated that he is opposed to great big tall things in
neighborhoods that don't have great big tall things. Mr. Bodner stated
that the City did not require the Hampton Inn to provide employee
housing and inquired why not. Mr. Bodner requested that the City go
back to the drawing board and do something that makes some sense.
PUBLIC COMMENT
CONTINUED
September 23, 2008 Page 4 of 7
Jeff McCleary stated that the City has been consistent in not approving
spot zoning but that this proposal condones spot zoning and that who
gets the spot depends on where the money flows from. Mr. McCleary
requested that special considerations should not be made depending on
where the money comes from. Mr. McCleary stated that he does not
believe that government should have to intervene in affordable housing.
Mr. McCleary stated that a green community should provide employee
housing on -site at hotels. Mr. McCleary encouraged the Council to not
vote for the proposal and not have spot zoning.
Charles Pipkin stated that this is an unsolvable problem in the private
sector given the circumstances. Mr. Pipkin stated that you cannot do it
given that land is so expensive that is privately owned. Mr. Pipkin
stated that 95% of the land in this County is owned by the government.
Mr. Pipkin stated that the solution is to free up government land and that
solution has to take place at the state level.
Judy Powers stated that it's clear that affordable housing is needed and
that density needs to be increased in town somehow and that we really
need to attract businesses to our town. Ms. Powers stated that she feels
manipulated by the word "affordable" because it really does look like a
project. Ms. Powers stated that the City has not protected the affordable
housing that existed and have not utilized the density that already exists.
Ms. Powers continued that we have more stuff and need garages. Ms.
Powers stated that no landscaping increases your heat and runoff. Ms.
Powers inquired what happens when the affordable housing contract
expires.
Mayor Sakrison stated that the contract is for 99 years.
Ms. Uhle stated that the project would be turned over to the community
after 20 years and is placed in a non-profit trust.
Ms. Powers stated that more dialogue needs to take place and that every
time affordable housing gets built in our community it gets sold back
into the regular market.
Audrey Graham stated that she is a Grand County Councilmember and
chair of the County's Affordable Housing Coalition. Ms. Graham stated
that everyone in Moab is a victim of a world economy that has gone
crazy. Ms. Graham stated that the City and County have worked to
attract businesses and employers and it's a struggle. Ms. Graham stated
that the presenter at the affordable housing workshop — earlier in the
meeting — has met with many landowners in Moab regarding affordable
housing and has never seen so many landowners that want to not get the
market rate to facilitate affordable housing. Ms. Graham asked the
community for patience until a solution can be developed. Ms. Graham
stated that she had never advocated eliminated parking in a project. Ms.
Graham asked that the community realize that affordable housing is
needed and not to "villainize" the property owners who want to
facilitate affordable housing with their properties.
Karissa Thomas stated that she is a single mother working for a low
wage and would like the community to look at insisting on a living
wage. Ms. Thomas stated that there are a lot of great design standards
out there that are very innovative. Ms. Thomas stated that the Ferndale
project was getting demonized but that she agrees that open space is
important. Ms. Thomas stated that blanket zoning doesn't allow for
variation. Ms. Thomas stated that each project should be evaluated on
its own. Ms. Thomas inquired if the community wanted to be known
for our architecture. Ms. Thomas continued that open space seems to
often turn into a detention pond and then a basin of tumbleweeds.
PUBLIC COMMENT
CONTINUED
September 23, 2008 Page 5 of 7
Susan Tabb stated that she wanted to learn more about the problem and
that she's been impressed by the lack of negativity towards affordable
housing. Ms. Tabb stated that there is a need for affordable housing and
that there is no flexibility within our federal system. Ms. Tabb stated
that she agrees with Mr. Pipkin regarding solutions coming from
government land. Ms. Tabb stated that there should be an immediate
stop loss on evictions in trailer parks and that we are in an emergency
situation. Ms. Tabb stated that she had just read a book regarding
disaster capitalism and she recommended that everyone read it. Ms.
Tabb finished that even educated people are in need of affordable
housing, commended Ms. Uhle on her project and doesn't feel that the
ordinances should go forward at this point.
John Townley submitted written comments at the public hearing stating
that he feels the proposal will undermine the quality of life in Moab as
well as not provide housing for those who actually need low income
housing. Mr. Townley stated that the change will ruin neighborhood
relationships and deprive the new residents of parking and play areas.
Mr. Townley asked the Council to not change the protective zoning
codes.
Jeanie Mudd submitted written comments at the public hearing stating
that she feels this is a poor proposal due to the density, building height,
no parking, no playgrounds and allowing these rules to only be specific
to zoning and not to individuals. Ms. Mudd stated that she is against the
proposals and believes it needs to be voted down.
Mayor Sakrison closed the public hearing at 9:52 PM.
Mayor Sakrison opened a public hearing on Proposed Ordinance #2008-
29 — An Ordinance Amending Moab City Code 17.51 Regarding the R-
4 Residential Zone at 9:52 PM.
Planning Director Reinhart gave an overview of the proposed ordinance.
Councilmember Sweeten stated that the Council needs to hear the
difference in comments for the R-4 Residential zone.
Karla Hancock stated that she does not see any differences to the
ordinances and can it be assumed that the ordinances are identical.
Moab City Planning Commission Member Dohrenwend stated that the
ordinances are changes to the code and that the R-3 and R-4 zones are
different.
Councilmember Bauman stated that if at the next meeting changes are
made to the R-4 zone that are more appropriate for affordable housing,
the comments given tonight towards the R-3 zone were generic
regarding the R-4 zone.
Karla Hancock stated that there were a lot of negative comments from
Portal Vista regarding parking and landscaping.
Lucy Wallingford stated that if the City wanted meaningful comment on
both zones, the public hearings should not be held on the same night.
Mayor Sakrison stated that written comment would be accepted for
three weeks.
Ms. Wallingford stated that she would like to see the City pass code that
if a multi -unit property is taken out of the rental market that something
similar has to be put back in.
PUBLIC COMMENT
CONTINUED
PUBLIC HEARING CLOSED
PUBLIC HEARING OPENED
PUBLIC COMMENT
September 23, 2008 Page 6 of 7
Mayor Sakrison stated that that would not be legal.
Diane Walker stated that the solar language was not put into the R-4
amendments and that it should be.
Councilmember Stucki stated that he understands how citizens would
want the same standard applied to the R-3 and R-4 zones, but that there
needs to be an area in town that can accommodate affordable housing.
Councilmember Bailey stated that a lot of the comments were
addressing open space and parking.
Moab City Planning Commission Member Wayne Hoskisson stated that
originally this was addressed for a project at the Virginian Apartments.
Mr. Hoskisson stated that R-4 allows greater density and that the
comments made regarding the R-3 zone amendments are applicable.
Mayor Sakrison closed the public hearing at 10:14 PM.
Mayor Sakrison opened a public hearing on Proposed Ordinance #2008-
30 — An Ordinance Amending the City of Moab Land Use Code by
Repealing a Portion of Chapter 17.65.080 MPD Review Procedures to
Align the Appeals Process of a Council Decision with the Balance of
the Land Use Code at 10:14 PM.
Planning Director Reinhart gave an overview of the proposed ordinance.
No public comment was given.
Mayor Sakrison closed the public hearing at 10:16 PM.
The public hearing for Proposed Ordinance #2008-35 — An Ordinance
Amending the Official Moab Zoning Map — Bazil/Todd was canceled
by the applicant.
Under Discussion regarding an Update on the Affordable Housing Plan,
City Manager Metzler made a brief presentation. Discussion followed.
Under Reading of Correspondence, Councilmember Sweeten stated he
had received a letter from Loren Johnson.
An Administrative Report was not given.
Under Report on City/County Cooperation, City Manager Metzler stated
that the Spanish Valley Water and Sewer District voted to acquiesce to
the City regarding water service provision for Mulberry Grove
Subdivision.
Under Mayor and Council Reports, Mayor Sakrison stated that he and
several staff members attended the Utah League of Cities and Towns
annual convention.
Councilmember Bauman moved to pay the bills against the City of
Moab in the amount of $731,840.70. Councilmember Bailey seconded
the motion. The motion carried 4-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the meeting at 10:24 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder
PUBLIC HEARING CLOSED
PUBLIC HEARING OPENED
PUBLIC HEARING CLOSED
PUBLIC HEARING
CANCELED
DISCUSSION REGARDING
AFFORDABLE HOUSING
PLAN
READING OF
CORRESPONDENCE
ADMINISTRATIVE
REPORTS
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
September 23, 2008 Page 7 of 7