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HomeMy Public PortalAboutMIN-CC-2004-09-07MOAB CITY COUNCIL REGULAR MEETING September 7, 2004 The Moab City Council held their Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 115 West 200 South, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Councilmember Keith Brewer led in the Pledge of Allegiance. Also in attendance were Councilmembers Kyle Bailey, Rob Sweeten, Jeffrey Davis and Gregg Stucki; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Public Works Director Brent Williams, Planning & Community Development Director David Olsen, Zoning Administrator and Planning Assistant Teresa Minear, and Police Chief Mike Navarre. Twenty-six (26) members of the audience and media were present. There were no minutes to approve. Under Citizens to be heard, Ron George stated that the City needs a BMX track in town because kids don't drive and to have a BMX track within proximity of the parkway would be safe and attractive. Mr. George stated that some funds would be needed and that the Spanish Trail Arena has already invested funds in a track and that 20-30 kids per week are in a program. Mr. George stated that there would be 50 during the race season. Mr. George stated that there have been problems with vandalism at the Arena because it is too remote. Jerry Juran stated that he had a complaint about someone without a business license in the City and County. Mr. Juran stated that he would like to see the person license or forced to stop working. Mr. Juran stated that the individual in question was currently painting a sign at Radio Shack and had been doing so for more than three days. Under Planning Department Update, Planning & Community Development Director Olsen stated that over 1001ots were divided by zones within City Limits and that the Senior Center construction project would be moving three feet of topsoil which would be a good possibility for a BMX track. Under Public Works Department Update, Public Works Director Williams stated that the Walker Canyon Dam Project was essentially done and that the Asbestos Abatement Project was completed. A Police Department Update was not given. Mayor Sakrison presented the Mayor's Student Citizenship of the Month Award for Helen M. Knight Intermediate School to Merina Toninelli. A Presentation was made regarding the City Center Project by Cooper, Roberts, Simonsen Architects. Discussion followed. Mayor Sakrison opened a public hearing on the Proposed Utah Desert Investments Inc./William D. Petty Subdivision at 7:45 PM. Jim Englebright stated that he is the owner of State Farm Insurance and that he had been talking to City Staff regarding the proposed subdivision and is generally in favor of the project. Mr. Englebright stated that he is September 7, 2004 Page 1 of 5 REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD PLANNING UPDATE PUBLIC WORKS UPDATE POLICE UPDATE MAYOR'S STUDENT CITIZENSHIP OF THE MONTH - MERINA TONINELLI CITY CENTER PRESENTATION PUBLIC HEARING ON PROPOSED UTAH DESERT INVESTMENTS INC. OPENED PUBLIC COMMENT concerned about the parking and that even though he has signed parking behind his building, his parking lot is too tight. Mr. Englebright stated that delivery is in front of his building for the Slickrock Cafe and Pasta Jay's and that trucks park there at all times of the day. Mr. Englebright stated that his big concern is that the parking spaces are going away and leaving a very narrow alley. Mr. Englebright suggested that some parking be left on the street and that it's hard to work with trucks. Mr. Englebright stated that parking is always full by Slickrock Cafe and that delivery times should be limited. Janie Walker stated that she feels that through the hearings for the West Center Street Development that street narrowing has not been mentioned and that it's not fair to Moab's citizens. Ms. Walker stated that she is not aware of the restrictions tied to the parking lot and that we don't need parking that badly. Tom Shellenberger distributed a letter from Hans Fuegi and stated that reducing parking in a heavily used area is not practical and that he doesn't object if the street is narrowed but feels that parking spaces should be retained. Marcy Clokey-Till stated that she has owned the Tom Till Gallery for seven years and her shop is fourteen feet wide and has one parking space. Ms. Clokey-Till stated that she is in favor of the lot and improvements and is excited to have back access to her store form the parking lot. Ms. Clokey-Till stated that there is not enough parking for employees of Main Street businesses and that 90% of her customers are on foot. Ms. Clokey-Till stated that employee parking should be off of Main Street and that she is excited about the project. Katherine Holyoak stated that she cannot get her car into Englebright's back parking lot and that she has only read one newspaper article regarding this project and did not know enough about it. Ms. Holyoak inquired if the parking was altered would Mr. Petty take away the gifted land and that other property owners should have as much of a choice as Mr. Petty. Ms. Holyoak asked why people weren't made aware of the project. Mayor Sakrison stated that property owners were spoken to. City Manager Metzler stated that this project has been negotiated for two years and has gone through seven designs that Mr. Petty has repeatedly compromised and may withdraw if after this process it is altered again. Councilmember Sweeten stated that this is not 100% of what Mr. Petty wanted and that the City has negotiated in the City's interest. Mayor Sakrison stated that the negotiations have not been easy. Ms. Holyoak inquired if Main Street parallel parking would go away. Mayor Sakrison stated that it would not. Councilmember Sweeten acknowledged that delivery trucks are a problem and that the plan allows for parking of delivery trucks in front of the State Farm building but that more of the deliveries were to the hotels. Randy Day stated that he is involved with Mike Bynum and that Jim Englebright is being impacted in that he is giving up seven parking spaced but that the City was getting seventy-two spaces for those seven. September 7, 2004 Page 2 of 5 PUBLIC COMMENT (CONTINUED) Mr. Day stated that it is a fair trade but it just isn't a fair trade for Mr. Englebright but that the plan will afford a great economic advantage and that the street being narrower should alleviate some traffic problems. Mr. Day stated that a lot of work has gone into this plan, that it is really a windfall for the City and that everyone will win expect for the restaurant and Mr. Englebright. Mr. Day suggested better enforcement of the one hour parking limit. Tom Shellenberger inquired what the cost of the project was to the City. City Manager Metzler stated that the total cost of the project was $440,000 that Will Petty was donating $300,000 and the City would contribute $140,000. Mayor Sakrison closed the public hearing at 8:22 PM. Councilmember Sweeten moved to approve the Consent Agenda as follows: 1) Request for Use of Swanny City Park on October 2, 2004 by the Moab Skinny Tire Festival to conduct a Participant Luncheon; 2) Request by Neko Siff for a Street Performer Permit Located at 83 South Main Street and 90 North Main Street; 3) Approval of Change Order #1 for the Asbestos Abatement Project. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Davis moved to approve a request for Local Consent and a Proximity Variance for a Limited Restaurant Liquor License for Brad Gale d.b.a. The Broken Oar Pub & Grill Located at 400 North 53 West. Councilmember Brewer seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Davis moved to approve Use of City Property — the Millcreek Parkway — by Rumble in the Red Rocks to Conduct Vintage Motorcycle Trials on October 23, 2004 with the condition that the Parkway remain open with signage. Councilmember Bailey seconded the motion. The motion carried 4-1 with Councilmember Bailey voting nay. Councilmember Brewer moved to approve a Special Business Event License for Rumble In The Redrocks, d.b.a. Leapin Lizards Motorsports to Conduct Vintage Motorcycle Trials on October 23, 2004 at the Ramada Inn Park, the Millcreek Parkway and Walker Drug. Councilmember Davis seconded the motion. The motion carried 4-1 with Councilmember Bailey voting nay. Councilmember Sweeten moved to approve a Peddler/Solicitor License for Ed Carroll Paving. Councilmember Bailey seconded the motion. The motion failed 1-4 nay with Councilmember Sweeten voting aye. Councilmember Sweeten moved approve the Main Street Medians Concept. Councilmember Bailey seconded the motion. The motion failed 2-3 nay with Councilmembers Bailey and Sweeten voting aye. Councilmember Sweeten moved to approve a Parking Easement Between the City of Moab and Utah Desert Investments/William D. Petty. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve Proposed Resolution #19- 2004 — Adopting an Agreement Providing for Parking and Other September 7, 2004 Page 3 of 5 PUBLIC COMMENT (CONTINUED) PUBLIC HEARING CLOSED CONSENT AGENDA, APPROVED LOCAL CONSENT AND A PROXIMITY VARIANCE FOR A LIMITED RESTAURANT LIQUOR LICENSE FOR BRAD GALE D.B.A. THE BROKEN OAR PUB & GRILL, APPROVED USE OF CITY PROPERTY - THE MILLCREEK PARKWAY - BY RUMBLE IN THE RED ROCKS, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR RUMBLE IN THE REDROCKS, D.B.A. LEAPIN LIZARDS MOTORSPORTS, APPROVED PEDDLER/SOLICITOR LICENSE FOR ED CARROLL PAVING, FAILED MAIN STREET MEDIANS CONCEPT, FAILED PARKING EASEMENT BETWEEN THE CITY OF MOAB AND UTAH DESERT INVESTMENTS/WILLIAM D. PETTY, APPROVED PROPOSED RESOLUTION #19- 2004 WITH CONDITIONS, FAILED Improvements on West Center Street By and Between the City of Moab and Utah Desert Investments/William D. Petty with the condition that staff include as many parking spaces as possible in front of State Farm and Kaliedoscoops and remain in the radius of the turn and to provide services and parking and to provide service parking on the south side of the bulb out that is timed and time constrained to evening hours. Councilmember Stucki seconded the motion. The motion failed 1-4 nay with Councilmember Sweeten voting aye. Councilmember Brewer moved to approve Proposed Resolution #19- 2004 — Adopting an Agreement Providing for Parking and Other Improvements on West Center Street By and Between the City of Moab and Utah Desert Investments/William D. Petty. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve an Easement Agreement Between the Wang Organization and the City of Moab. Councilmember Brewer seconded the motion. The motion carried 4-1 aye with Councilmember Davis voting nay. Councilmember Stucki moved to approve an Elected Official's (Kyle Bailey) Request for Indemnification of Legal Fees for the DDA Limited Partnership litigation. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye with Councilmember Bailey abstaining. Councilmember Bailey moved to approve Proposed Ordinance #2004-04 — An Ordinance Amending Section 17.20.020.13 of the Moab Municipal Code to Allow Banks and Credit Unions in the C-1 Commercial Zone. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Under Reading of Correspondence, Mayor Sakrison stated that there would be a Main Street Conference in Richfield and that Greg Hudnell of the Provo School District would be here on September 9, 2004 at 3:30 PM with the Youth Crisis Team to discuss teen suicide. Under Administrative Reports, City Manager Metzler stated that she would have the first pre -annexation agreement on the next agenda and that the Planning Commission was reviewing it now. City Manager Metzler stated that she is working with the Chamber of Commerce and was working with the Architect on the Animal Shelter as well as a Memorandum of Understanding for funding of the shelter. City Manager Metzler stated that Bruce Hucko would be working with students painting a mural at the Skate Park and the Division of Child and Family Services was considering leasing space in the new City Center. Under Goal Updates, Councilmember Bailey stated that the preliminary study had been completed for assisted living and extended care in Moab. Councilmember Sweeten stated that he had attended a good meeting with the Higher Education Committee and that it was Senior Appreciation Week. Councilmember Brewer moved to pay the bills against the City of Moab in the amount of $439,571.69. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to adjourn. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. September 7, 2004 Page 4 of 5 PROPOSED RESOLUTION #19- 2004, APPROVED EASEMENT AGREEMENT BETWEEN THE WANG ORGANIZATION AND THE CITY OF MOAB, APPROVED ELECTED OFFICIAL'S REQUEST FOR INDEMNIFICATION OF LEGAL FEES, APPROVED PROPOSED ORDINANCE #2004- 04, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS GOAL UPDATES APPROVAL OF BILLS MOTION TO ADJOURN Mayor Sakrison adjourned the Regular Council Meeting at 9:55 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder September 7, 2004 Page 5 of 5 ADJOURNMENT