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HomeMy Public PortalAboutMIN-CC-2008-10-14MOAB CITY COUNCIL REGULAR MEETING October 14, 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, Jeffrey Davis and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart, Community Development Director David Olsen, Administrative Analyst/Economic Development Specialist Kenneth F. Davey, City Engineer Daniel Stenta and Police Chief Mike Navarre. Twenty-four (24) members of the audience and media were present. Councilmember Sweeten moved to approve the Regular Council meeting minutes of September 23, 2008 and the Special Council meeting minutes of August 20, 2008. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Citizens to be Heard, Lucy Wallingford distributed an updated petition regarding Proposed Ordinances #2008-28 and #2008-29. Under Community Development Department Update, Community Development Director Olsen stated that he had attended a Utah Department of Transportation open house and that a grant had been approved for a trail on State Road 128. Community Development Director Olsen stated that the City should look at a safe route to school given the proposed construction of a new school. 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. Councilmember Bailey moved to approve the Consent Agenda as follows: 1) Approval of Proposed Resolution #30-2008 — A Resolution Endorsing the Efforts of the Moab City Economic Development Office to Renew the Utah Recycling Market Development Zone in Moab; 2) Approval of Proposed Resolution #31-2008 — A Resolution Endorsing the Efforts of the Moab City Economic Development Office to Renew the Utah Enterprise Zone in Moab; 3) Request to Send the Solicitation of Potential Projects for which Funding May be Applied for Under the Community Development Block Grant Program to Public Hearing; 4) Approval of Proposed Resolution #32-2008 — A Resolution Approving the City of Moab 2008-2009 Community Impact Fund Board (CIB) Comprehensive Projects List. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Request to Send the Amendment of the Utex Subdivision and the Vacation of a Portion of Emma Boulevard Right-of-way to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 4-1 aye with Councilmember Bailey voting nay. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE CONSENT AGENDA, APPROVED REQUEST TO SEND AMENDMENT TO UTEX SUBDIVISION AND VACATION OF PORTION OF RIGHT-OF-WAY ON EMMA BOULEVARD TO PUBLIC HEARING, October 14, 2008 Page 1 of 5 Councilmember Sweeten moved to approve a Special Business Event License for the Moab Folk Festival to Conduct a Four Day Amplified Music Event November 7 to 9, 2008. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve the Three -lot Power House Minor Subdivision. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve 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 as presented with changes. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 35 — An Ordinance Amending the Official Moab Zoning Map — Bazil/Todd at 7:25 PM. Planning Director Reinhart gave an overview of the proposed ordinance. The applicant Rhonda Bazil stated that she and her husband were looking to "down -zone" their property to C-2 for a mixed use of offices and residences. Ms. Bazil stated that during the design process they discovered that it would cost an additional $50,000 to build in a C-3 zone versus the C-2 zone due to increased construction standards for that zone. Ms. Bazil stated that she had researched to see if a "down - zone" was appropriate and believes that the C-2 zone is very compatible with the existing neighborhood. Ms. Bazil stated that the high -impact use under the C-3 zone is not appropriate in nor appropriate due to the proximity of the pedestrian and bicycle pathways. Tom Todd stated that the Guymons had filed a law suit in 1998 to gain use of the shared driveway, and as a result, all street frontage on 100 West for the properties was eliminated. Mr. Todd stated that the C-3 uses are intensive and he feels that there are strong justifications for rezoning the property as requested. Mayor Sakrison closed the public hearing at 7:38 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 33 — An Ordinance Amending the City of Moab Land Use Code by Repealing Chapter 17.09.610, Conditional Use — Transition Use at 7:38 PM. Planning Director Reinhart gave an overview of the proposed ordinance. 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- 32 — An Ordinance Amending the City of Moab Land Use Code by Repealing Chapter 17.39, R&D-1, Research and Development Zone and Amending the Allowed Uses in the C-4 Commercial Zoning District at 7:40 PM. Planning Director Reinhart gave an overview of the proposed ordinance. No public comment was given. APPROVED SPECIAL BUSINESS EVENT LICENSE FOR MOAB FOLK FESTIVAL, APPROVED THREE -LOT POWER HOUSE MINOR SUBDIVISION, APPROVED PROPOSED ORDINANCE 2008-24, APPROVED PUBLIC HEARING OPENED PUBLIC COMMENT PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED PUBLIC HEARING OPENED October 14, 2008 Page 2 of 5 Mayor Sakrison closed the public hearing at 7:42 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 25 — An Ordinance Amending the City of Moab Municipal Code, Section 17.06 by the Addition of Definitions for a Complete Application and Development Application at 7:42 PM. Planning Director Reinhart gave an overview of the proposed ordinance. No public comment was given. Mayor Sakrison closed the public hearing at 7:45 PM. Mayor Sakrison opened a public hearing on Proposed Conditional Use Permit Application to Allow a Bed and Breakfast in the R-3 Residential Zone Located at 366 East and 100 North at 7:45 PM. Planning Director Reinhart gave an overview of the proposed conditional use permit. Eleanor Inskip stated that she was the applicant, that the house was built in 1922 and she had owned the property since 1978. Ms. Inskip stated that she has had two rentals in the past and had looked at several possibilities before deciding on a bed and breakfast. Ms. Inskip stated that she had held a home office license at that location since 1995. Lucy Wallingford stated that she lives at 367 East and 100 North across the street from the proposed conditional use permit location. Ms. Wallingford stated that Ms. Inskip has been a fantastic neighbor, but that she was here to speak against the permit. Ms. Wallingford stated that she is against the commercialization of our neighborhoods and that there are currently no other businesses on that block. Ms. Wallingford stated that she has concerns regarding low income housing and removing housing from the market. Ms. Wallingford then stated that commercialization is used for justification of more commercialization and she didn't want to see that happen in that neighborhood. Ms. Wallingford stated that once the property became a bed and breakfast it was unlikely it will ever be returned to a residence. Ms. Wallingford asked the Council to consider removing bed and breakfasts as a permitted use. Ms. Wallingford stated that she served on the Moab Planning Commission in the 1990s when the bed and breakfast ordinance was written and our community was different then. Ms. Wallingford stated that guest apartments have since been removed as a permitted use. Mayor Sakrison closed the public hearing at 8:05 PM. Mayor Sakrison opened a public hearing on Proposed Conditional Use Permit Application to Allow a Secondary Dwelling in the R-3 Residential Zone Located at 143 East 100 North at 8:05 PM. Planning Director Reinhart gave an overview of the proposed conditional use permit. No public comment was given. Mayor Sakrison closed the public hearing at 7:45 PM. Councilmember Bauman made a motion to reject Proposed Ordinance #2008-28 — An Ordinance Amending Moab City Code Section 17.48 Regarding the R-3 Residential Zone and to send the proposed ordinance back to the Planning Commission and Staff to re -assess the proposals through a public process to address the following issues: 1) Parking; 2) PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC COMMENT PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED PROPOSED ORDINANCE #2008-28 REJECTED AND SENT BACK TO PLANNIC COMMISSION FOR RE- ASSESSMENT October 14, 2008 Page 3 of 5 Recreation areas; 3) Setbacks in relation to height; 4) Building size; 5) Necessary densities; 6) Lot coverage; 7) Neighborhood impacts; 8) Public input; 9) Differing recommendations for R-3 versus R-4; 10) Other non -zoning issues that affect building size and orientation; 11) A.M.I. requirements; 12) Design standards. Councilmember Sweeten seconded the motion. The motion carried 4-1 aye with Councilmember Bailey voting nay. Councilmember Sweeten moved to approve Proposed Ordinance #2008- 29 — An Ordinance Amending Moab City Code 17.51 Regarding the R- 4 Residential Zone with the addition of staffs recommended changes as shown in the redline revision as presented. Councilmember Bailey seconded the motion. Councilmember Bailey moved to table Proposed Ordinance #2008-29 — An Ordinance Amending Moab City Code 17.51 Regarding the R-4 Residential Zone and send it back to the Planning Commission. Councilmember Bauman seconded the motion. The motion carried 3-2 aye with Councilmembers Davis and Sweeten voting nay. Councilmember Bauman moved to take Proposed Ordinance #2008-29 — An Ordinance Amending Moab City Code 17.51 Regarding the R-4 Residential Zone off of the table. Councilmember Sweeten seconded the motion. The motion carried 4-1 aye with Councilmember Bailey voting nay. A vote was taken on the previous motion as follows: Councilmember Sweeten moved to approve Proposed Ordinance #2008-29 — An Ordinance Amending Moab City Code 17.51 Regarding the R-4 Residential Zone with the addition of staff s recommended changes as shown in the redline revision as presented. Councilmember Bailey seconded the motion. The motion failed 1-4 nay with Councilmember Sweeten voting aye. Councilmember Bauman made a motion to reject Proposed Ordinance #2008-29 — An Ordinance Amending Moab City Code 17.51 regarding the R-4 Residential Zone and to send the proposed ordinance back to the Planning Commission and Staff to re -assess the proposals through a public process to address the following issues: 1) Parking; 2) Recreation areas; 3) Setbacks in relation to height; 4) Building size; 5) Necessary densities; 6) Lot coverage; 7) Neighborhood impacts; 8) Public input; 9) Differing recommendations for R-3 versus R-4; 10) Other non -zoning issues that affect building size and orientation; 11) A.M.I. requirements; 12) Design standards. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve 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. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Proposed Ordinance #2008-37 — An Ordinance Amending Title 2.28 of the Moab Municipal Code Regarding Purchasing Procedures. Councilmember Stucki seconded the motion. The motion failed 2-3 nay with Councilmembers Davis and Stucki voting aye. Councilmember Sweeten moved to direct staff to draft a revision to the purchasing procedures to include a provision to require that pricing solicitation be attempted on all purchases from $7,000 to $15,000. Councilmember Stucki seconded the motion. The motion carried 5-0 MOTION TO APPROVE PROPOSED ORDINANCE #2008-29 PRE-EMPTED BY TABLE MOTION PROPOSED ORDINANCE #2008-29, TABLED PROPOSED ORDINANCE #2008-29 TAKEN OFF OF THE TABLE, APPROVED PREVIOUS MOTION TO APPROVE ORDINANCE #2008-29 REVISITED, FAILED PROPOSED ORDINANCE #2008-29 REJECTED AND SENT BACK TO PLANNIC COMMISSION FOR RE- ASSESSMENT PROPOSED ORDINANCE #2008-30, APPROVED PROPOSED ORDINANCE #2008-37, FAILED MOTION TO DIRECT STAFF TO DRAFT REVISION TO PROPOSED ORDINANCE #2008-37, APPROVED October 14, 2008 Page 4 of 5 aye. Under Discussion Regarding the Allocation of Funds for the Rotary Park Property Acquisition City Manager Metzler made a presentation. Discussion followed. Under Reading of Correspondence, Councilmember Sweeten stated that he had received a letter regarding city employees' use of cell phones while driving. Councilmember Sweeten inquired if the City had a policy regarding driving and cell phone use. City Manager Metzler stated that the city did not, but that she would research cell phone policies. Under Administrative Report, City Manager Metzler stated that the aquatic center agreement had been submitted to the Grand County Special Service Recreation District and that the District and Grand County were working on a separate agreement regarding the allocation of mineral lease funds. City Manager Metzler stated that staff was proceeding with the affordable housing plan and that the plan would be available on the City website two weeks prior to the plan presentation. City Manager Metzler stated that she had scheduled a meeting with the Grand Water and Sewer Service Agency Manager to reinvigorate the agreement discussions and that a petition had been submitted to district court regarding the Lionsback Master Planned Development approval. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that at the last Association of Local Governments meeting he had brought up the allocation of funds from the School and Institutional Trust Lands Administration to rural communities and had asked for legislation to change the allocation of funds. Councilmember Davis stated that he had attended the League of Women Voters Forum and had found it very informative. Councilmember Bauman moved to pay the bills against the City of Moab in the amount of $454,409.22. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 9:20 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder DISCUSSION REGARDING ALLOCATION OF FUNDS FOR PROPERTY ACQUISITION READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT October 14, 2008 Page 5 of 5