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