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HomeMy Public PortalAboutMIN-CC-2006-02-28MOAB CITY COUNCIL REGULAR MEETING February 28, 2006 The Moab City Council held their Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Pre -Council Workshop to order at 6:00 PM to discuss planning items. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Councilmember Kyle Bailey led in the Pledge of Allegiance. Also in attendance were Councilmembers Gregg Stucki, Rob Sweeten, Keith Brewer and Jeffrey Davis; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning and Community Development Director David Olsen, City Engineer Dan Stenta, Public Works Director Brent Williams, City Treasurer Jennie Ross, Zoning Administrator Sommar Johnson, City Attorney Chris McAnany and Police Chief Mike Navarre. Sixty (60) members of the audience and media were present. There were no minutes to approve. Under Citizens to be Heard, Joe Kingsley displayed the proposed coin for the Grand County Higher Education Committee fundraiser. Timmy Sheets stated that the community needs affordable housing for the next generation. Under Planning Department Update, Planning and Community Development Director Olsen stated that City Planner Robert Hugie had resigned and that had been an asset to the City and would be missed. Under Public Works Department Update, Public Works Director Williams stated that the current section of the Main Street Rebuild was done and that the project would start up again in May 2006. A Police Department Update was not given. Mayor Sakrison presented Shalece Guerrero with the Mayor's Student Citizenship of the Month Award for Helen M. Knight Intermediate School for February 2006. Councilmember Sweeten moved to move the agenda to the Consent Agenda. Councilmember Brewer seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve the Consent Agenda as follows: 1) Approval of a Moved -on Structure Permit for City Market #410 to Conduct a Garden Center located at 425 South Main Street; 2) Request for Approval of a Special Business Event License for the Canyonlands Half Marathon to Conduct a Half Marathon Race on March 18, 2006; 3) Request by David Benjes, DCB Extreme Adventures, for Approval of an Amplified Music Event at Old City Park on August 26, 2006; 4) Approval of a Temporary Class III Beer License for Mark Stuenkel, d.b.a. Canyonlands Campground LLC to operate a Convenience Store Located at 555 South Main Street. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Proposed Resolution # 04- 2006 — A Resolution Establishing Rates for Solid Waste Collection as February 28, 2006 Page 1 of 6 REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD PLANNING UPDATE PUBLIC WORKS UPDATE POLICE UPDATE STUDENT OF THE MONTH PRESENTATION CONSENT AGENDA, APPROVED PROPOSED RESOLUTION #04- 2006, APPROVED outlined in Option Two presented by the Contractor. Councilmember Stucki seconded the motion. The motion carried 5-0 by a roll -call -vote. Councilmember Bailey moved to table Proposed Ordinance #2006-03 - An Ordinance Amending Title 17.24, the C-3 Commercial Zone, to Allow Ground Floor, Multi -Residential, Owner or Renter Occupied Dwelling Units of up to Eight (8) Per Acre with a Potential Bonus of Ten (10) Additional Dwelling Units Where 15% of the Bonus Units are Designated as Low to Moderate Income Housing and where the Developer May Construct Said Units on or Off -Site, or Contribute to the City Affordable Housing Fund the Cost to Construct Said 15% of the Affordable Housing Bonus Requirement. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve Proposed Ordinance #2006- 02 — An Ordinance Amending the Moab City land Use Code, Planned Unit Development, Section 17.66.050 to Allow All Weather, Non - Paved Driveways and Parking Areas, Approved by the Public Works Director, that Service Planned Unit Developments with 3 or Less Dwellings Units Per Acre. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to table Proposed Resolution #01-2006 - A Resolution to Amend the 2002 Moab City General Plan, Proposed Roads Map 3. Councilmember Brewer seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Request by Dexter Morse for Modification of Property or Subdivision Lot Lines for Properties located at 132 East Center Street. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Change Order #1 for the Swimming Pool Replaster Project in the amount of $3,900. Councilmember Bailey seconded the motion. The motion carried 5-0 by a roll -call -vote. Councilmember Davis moved to approve Proposed Ordinance #2006-05 - An Ordinance Amending the City of Moab Official Zone Map (McDonald Rezone located at 488 North Main Street). Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Mayor Sakrison opened a public hearing on Proposed Resolution #03- 2006 — A Resolution Amending the Fiscal Year 2005-2006 Budget and Proposed Ordinance #2006-04 - An Ordinance Amending the City of Moab Official Zone Map (Pipkin Rezone located north and west of Mountain View Subdivision) and Questions Concerning the Health, Safety and Welfare of the Proposed Allen and Sunrise Hills Subdivisions at 7:30 PM. City Manager Metzler gave an overview of the proposed budget amendment for fiscal year 2005-2006. Janie Tuft stated that she is an adjacent property owner to the proposed subdivision and will have a storm drain on her property. Ms. Tuft stated that she is in favor of the requested rezone and feels that R-2 will be more compatible with the neighborhood than I-1. Bruce Hucko read a letter to the Council outlining his concerns, one of which was the poor notification process for the Planning Commission. February 28, 2006 Page 2 of 6 PROPOSED ORDINANCE #2006- 03, TABLED PROPOSED ORDINANCE #2006- 02, APPROVED PROPOSED RESOLUTION #01- 2006, TABLED REQUEST BY DEXTER MORSE FOR MODIFICATION OF PROPERTY OR SUBDIVISION LOT LINES, APPROVED CHANGE ORDER #1 FOR THE SWIMMING POOL REPLASTER PROJECT, APPROVED PROPOSED ORDINANCE #2006- 05, APPROVED PUBLIC HEARING OPENED STAFF COMMENT PUBLIC COMMENT Mr. Hucko feels that the City acted positively by changing the notification policy. Mr. Hucko then stated that the neighbors had held meetings and Williams Pipeline Safety and Engineering had attended those meetings to outline the rules regarding pipeline safety. Mr. Hucko stated that there was concern regarding the road passage at Huntridge and urged the City to abide by the Department of Transportation regulations. Mr. Hucko stated that the developer had not yet submitted safety plans to Williams Pipeline and that the City should not move forward until the developers are in compliance. Mr. Hucko also stated that allowing the block length variance would set a dangerous precedent and urged the Council to proceed with caution. Karena Gholson stated that she support the proposed zone change for affordable housing. Ms. Gholson stated that an environmental assessment study would be received but that further documentation would be needed. Ms. Gholson then stated that the proposed zone change was needed for the project to continue and that there was a shortage of land within city limits. Dwight Johnston stated that the Pipkin is down zoning and is for affordable housing. Mr. Johnston stated that he represents the Allen Subdivision and that there is a need for affordable housing in Moab. Mr. Johnston stated that the lots are large and there will be covenants and restrictions. Mr. Johnston then stated that the subdivisions will raise home values for surrounding areas and improve storm drainage. Mr. Johnston stated that he had attended the community meetings and found them to be enjoyable and that a traffic study had been conducted. Mr. Johnston continued that none of the power line studies had concluded a health risk and that the project should last only three months. Mr. Johnston stated that developers would have to work with Williams Energy to follow the safety procedures and that these subdivisions are the logical phase IV of the existing subdivisions. Mr. Johnston stated that he lives there and that it is his neighborhood also. Kara Dohrenwend stated that this subdivision was the first SB 60 public hearing before the Planning Commission and that there had been some confusion. Planning Commission Member Dohrenwend stated that the lots with the pipeline easement through them would be of a substandard Size due to the restrictions of the easements. Planning Commission Member Dohrenwend stated that she voted against the longer lot lengths since they would be twice as long as existing block lengths. Peggy Nissen stated that she felt the developers had the right to develop private property even though it was a utility corridor. Ms. Nissen stated that she is concerned about a road coming up Birch Avenue. Ms. Nissen agreed that it will raise property value but she feels it will devalue her property. Ms. Nissen stated that she loves her neighborhood and urged the Council to consider all issues, including the pipeline and traffic issues. Bette Stanton stated that she is pro -development and is for the rights of private property owners but she urged the Council to be cautious with this project. Ms. Stanton stated that she thinks there are good intentions and that she watched the original pipeline construction and that there were a lot of boulders, which could be costly for this development. Ms. Stanton stated that she had submitted a letter and requested that the Council please walk or drive the area proposed for construction. Ms. Stanton stated that she feels it is very powerful under the power lines and that she can't imagine living directly under them. Ms. Stanton concluded that the developers should prepare for extra costs. February 28, 2006 Page 3 of 6 PUBLIC COMMENT (CONTINUED) Jay Sanders stated that he lives at the end of Aspen Avenue and that he hates to see industrial property change. Mr. Sanders stated that Moab needs more jobs and that costs shouldn't be a consideration when it comes to safety. Mr. Sanders inquired if the City would be responsible for the maintenance of the berm and stated that he would like to see a bond in place from the developer. Ken Galyean stated that he had submitted a letter regarding the block length exception and stated that the exception would be 120% increase for block length which would effectively invalidate the regulation. Mr. Galyean requested that the City adhere to and enforce the laws. Mr. Galyean stated that there was a push to build more housing, but that it shouldn't be the priority. Craig Anderson stated that he lives on Mountain View Drive and that the Council's responsibility was to be informed and make decisions for the citizens. Mr. Anderson stated that the Planning Commission was in disarray and that if the issues were not addressed they would cost the community. Mr. Anderson stated that development always involves block length and the continuation of streets. Mr. Anderson then stated that longer block lengths increases speeding and that all streets should connect. Mr. Anderson stated that the neighbors are concerned about flooding and that he is opposed to the zone change and would prefer that a variance be given instead. Paul Henderson stated that he owns two homes in Mountain View and that he purchased his home in 1997. Mr. Henderson stated that in 1999 his basement flooded with sewage and that it was not the first time. Mr. Henderson stated that he was told that it was a known problem area due to the basements and that the City has tried to keep the sewer lines open. Sue Phillips stated that she lives on the west side of Mountain View Drive, that there is a lot of dust from the ATVs in the utility corridor and that she thinks the subdivisions will make the area more attractive to ATVs and increase the dust. Ms. Phillips stated that it is noisy, smelly, and dusty and she asked the Council to keep the ATV problem in mind. Dan Phillips stated that he lives on Aspen Avenue and is concerned about the traffic. Mr. Phillips stated that he would like to see the traffic disbursed and feels that safety is an issue. Mr. Phillips stated that speed signage and bumps would be helpful and that he feels that his property value will be lowered. Mr. Phillips stated that the City should take care of existing residents, not future and that the pipeline safety needs to be followed. Gladys Gary stated that she is a senior citizen and had lived there for 38 years. Ms. Gary stated that she never thought that that area would be developed and she sees the property values going down. Ms. Gary asked the Council to please address the issues. Stacie Sheets submitted a written comment stating that she thinks that the Sunrise Hills subdivision is a good idea and that more affordable housing is needed. Dorothy Mizener submitted a written comment stating that she objects to the proposed rezone and that the City should stick to present rules pertaining to subdivisions. February 28, 2006 Page 4 of 6 PUBLIC COMMENT (CONTINUED) Carolyn McCurdy submitted a written comment stating that she has concerns of safety, traffic and storm drainage in the proposed subdivision. Leslye Gramlich submitted a written comment stating that the subdivision appeared to be unsafe, would disturb the peace and that the City shouldn't change policy to benefit a few. Melodie Mele submitted a written comment stating that she wasn't sure if she was opposed to the subdivision if research was done and all rules were followed. Ms. Mele stated that housing needed to be kept affordable through out the generations and that people should not be able to build houses with government aid and then sell it for a high profit. A letter was submitted on behalf of Lenore Beeson. Ms. Beeson stated that she encouraged the City to enforce their own codes and that she thought the requested exception was inappropriate. Ms. Beeson also stated that rock slides were a concern and inquired who would pay for the maintenance of the required berms. Ms. Beeson then stated that the drainage was a concern and that if the issues were not resolved the subdivision could compromise the health and safety of current residents and future homeowners. Mayor Sakrison closed the public hearing at 8:26 PM and recessed the meeting for a five minute break. Mayor Sakrison reconvened the meeting at 8:37 PM. Under Reading of Correspondence, Mayor Sakrison stated that Senator Hatch's Staff would be in Moab and that there would be an Air Quality Board Meeting. Under Administrative Reports, City Manager Metzler stated that the budget process was underway and that there would be a balanced budget by April 1, 2006 presented to Council. City Manager Metzler stated that the Animal Shelter was proceeding and that staff had been working on several pre -annexation agreements as well as the sewer agreement. City Manager Metzler stated that staff was also trying to improve the Planning Commission and City Council Agendas. Councilmember Sweeten stated that he would like a compiled list of public hearing issues, specifically the block length issue. Councilmember Bailey stated that he had questions regarding the suitability of the geology appropriateness of the proposed site. Under Goal Update, Mayor Sakrison stated that he had seen a brochure for the University of Utah resource campus at Entrada Ranch which would be 400 acres and a multi -disciplinary campus and that funding was being secured. Councilmember Sweeten stated that the Higher Education Committee was improving the base camp capability for Natural Resources and that the coin would be coming soon. Councilmember Bailey stated that the Canyonlands Health Care Special Service District was pursing a planner for the extended care and assisted living facility planning. February 28, 2006 Page 5 of 6 PUBLIC COMMENT (CONTINUED) PUBLIC HEARING CLOSED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS GOAL UPDATE Under Report on City/County Cooperation, Mayor Sakrison stated that there would be a luncheon with the Grand County Council at the Grand Center on Friday, March 10, 2006 at 12:00 PM. Under Mayor and Council Reports, Mayor Sakrison stated that the state was proposing 2% off of sales tax and would give $140 million back to the citizens of Utah. Councilmember Bailey thanked the Mayor for traveling to the legislature every week. Councilmember Sweeten stated that he was very impressed with the recreation soccer camp. Councilmember Bailey distributed an article on local preparedness for the Avian Flu and urged the community and council to attend a meeting with Mike Leavitt. Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $384,717.03. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Sweeten moved to enter an Executive Session for the purpose of a discussion regarding the lease, purchase or exchange of real property. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. An Executive Session was entered at 9:07 PM. Councilmember Bailey moved to close the Executive Session. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Mayor Sakrison closed the Executive Session at 9:38 PM. Councilmember Davis moved for adjournment. Councilmember Brewer seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 9:38 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder February 28, 2006 Page 6 of 6 REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ENTER EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION CLOSED MOTION TO ADJOURN ADJOURNMENT