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HomeMy Public PortalAboutMIN-CC-2000-03-14MOAB CITY COUNCIL REGULAR MEETING March 14, 2000 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 Karla R. Hancock called the Pre -Council Workshop to order at 6:30 p.m. Mayor Hancock called the Regular City Council Meeting to order at 7:00 p.m. City Recorder Rachel Ellison led in the Pledge of Allegiance. Also in attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Joseph Lekarczyk, Gregg W. Stucki and Rob Sweeten; City Manager Donna Metzler, City Treasurer Laurie Ramstetter, Community Development Coordinator David Olsen, Public Works Director Brent Williams, City Attorney Chris McAnany, Acting Temporary Police Chief Michael NaVarre, and Temporary Planning Assistant Janet Lowe. Twenty-one (21) members of the audience and media were present. Councilmember Bailey moved to approve the Regular Council Meeting Minutes of February 8, and February 22, 2000 and the Special Council Meeting Minutes of February 15, March 6, and March 9, 2000. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. There were no Citizens to be Heard. Mayor Hancock Proclaimed April 2000 as Child Abuse Prevention Month. The Solid Waste District Report was postponed. Under Planning Update, Councilmember Sweeten thanked Community Development Coordinator Olsen for doing a good job of planting trees this week. Councilmember Sweeten moved to approve a Request for a Home Occupation License for Scott Cockayne, d.b.a. Cockayne Construction Located at 351 Park Road to Conduct a General Contracting Business. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Request for a Moved -on Structure Permit for City Market to Conduct a Temporary Greenhouse Located at 425 South Main Street. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Request for a Special Events License for the Canyonlands Half Marathon to be held on March 18, 2000. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Request for a Permanent Class I Beer License for Willie Lue Payne, d.b.a. Moab Valley Inn Located at 711 South Main Street. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to send a Lot Line Adjustment located at 1337 Powerhouse Lane to Public Hearing. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD PROCLAMATION SOLID WASTE DISTRICT REPORT PLANNING UPDATE HOME OCCUPATION LICENSE FOR SCOTT COCKAYNE, D.B.A. COCKAYNE CONSTRUCTION, APPROVED MOVED -ON STRUCTURE PERMIT FOR CITY MARKET, APPROVED SPECIAL EVENTS LICENSE FOR THE CANYONLANDS HALF MARATHON, APPROVED PERMANENT CLASS I BEER LICENSE FOR WILLIE LUE PAYNE, D.B.A. MOAB VALLEY INN, APPROVED LOT LINE ADJUSTMENT SENT TO PUBLIC HEARING, APPROVED Councilmember Sweeten moved to Approve Proposed Resolution #06- 2000 - A Resolution Establishing the Fee Structure for the Moab Swim Center. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. For the Turf Sweeper Bid, Bids were received as follows: Rocky Mountain Turf $17,600 Mile High Turf Equip $19,512 Councilmember Sweeten moved to award the Turf Sweeper Bid to Rocky Mountain Turf in the amount of $17,600. Councilmember Bailey seconded the motion. The motion carried 5-0 by a roll -call - vote. For the Neptune ARB Meters Bid, Bids were received as follows: Waterworks Sales $85.50/meter Mountainland Supply $93.00/meter Dodson Engineering $118.00/meter Grand Junction Pipe $88.50/meter Councilmember Peterson moved to award the Neptune ARB Meters Bid to Grand Junction Pipe in the amount of $15,487.50 for 175 meters. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to confirm the Mayoral appointment of Jim Page and Lance Christie to the Board of Adjustments. Councilmember Sweeten seconded the motion. The motion carried 5- 0 aye. Councilmember Sweeten moved to confirm the Mayoral Appointment of Marjorie Wagner, Chace Gholson and Mike Johnson to the Shade Tree Commission. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to Approve the 2000-2001 Transportation Enhancement (TEA-21) Application with a City Funding Match of $88,400. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Hancock opened a Public Hearing on Proposed Ordinance #2000-02 - An Ordinance Amending Chapter 17.70 of the Moab Municipal Code Regarding Bed and Breakfasts at 7:30 PM. Mike Wilson of the Dream Keeper Inn Bed and Breakfast stated that the revised Ordinance would give owners a chance to make a go of their business. Mr. Wilson stated that he thought it was a great Ordinance but that he would encourage the Council to look at other definitions of ownership and that the current definition is extreme comparatively to the old ordinance. Mr. Wilson suggested that owner be defined as holding 25% of equity to include families. Councilmember Lekarczyk stated that the current ordinance didn't really have a definition of owner equity and so it was interpreted differently than what Councilmember Lekarczyk believed to be the original intention of the ordinance. Keith Herman spoke and stated that he would be applying for a Bed and Breakfast license. Mr. Herman stated that if owner's equity was defined as 51 % he would have to give up his business. Mr. Herman stated that the percentage should be smaller, maybe 25% or less. Mr. PROPOSED RESOLUTION #06-2000 - A RESOLUTION ESTABLISHING THE FEE STRUCTURE FOR THE MOAB SWIM CENTER, APPROVED TURF SWEEPER BID TURF SWEEPER BID AWARDED TO ROCKY MOUNTAIN TURF NEPTUNE ARB METERS NEPTUNE ARB METERS AWARDED TO GRAND JUNCTION PIPE MAYORAL APPOINTMENT TO THE BOARD OF ADJUSTMENTS MAYORAL APPOINTMENT TO THE SHADE TREE COMMISSION 2000-2001 TRANSPORTATION ENHANCEMENT (TEA-21) APPLICATION WITH A CITY FUNDING MATCH OF $88,400, APPROVED PUBLIC HEARING OPENED Herman inquired if owners have to be family and what if the owner is sick or has an emergency, does that mean that they would need to give up their business? Mr. Herman inquired what if an owner wants to retire and turn over management of the business as 25% equity; Mr. Herman thinks that it is unfair to be forced to give up their business and Bed and Breakfasts are businesses. Mayor Hancock responded that owners are not required to be family and that is not a percentage of the profits but of shares. Richard Stucki spoke regarding the bed and breakfast ordinance. Mr. Stucki thanked the City Council for working on developing a fair ordinance. Mr. Stucki reviewed the history of the Sunflower Hill Bed and Breakfast. Mr. Stucki was concerned that under the new ordinance they would not have been able to open the Bed and Breakfast with owners defined as holding 51 % of equity. Mr. Stucki stated that his family took over the Bed and Breakfast when he retired but his family would not qualify as managers under this new ordinance. Mr. Stucki thinks that this is a problem. Mr. Stucki stated that the neighbors liked the bed and breakfast and that it improved the neighborhood. Mr. Stucki stated that they had found an attorney with experience with ordinances, and that after reviewing this proposed ordinance, the attorney had suggested that it follow the federal government's definition of owner as 10%. Mr. Stucki stated that Sunflower Hill Bed and Breakfast was the first bed and breakfast to open after a moratorium and that he had attended the meetings to develop that ordinance. Mr. Stucki stated that Sunflower Hill Bed and Breakfast had gone before the City Council with their plans and had gotten permission to do all that they have. Mr. Stucki stated that he applauded a creative solution to a difficult problem. Mr. Stucki suggested that in addition to the suggested change of 10% to make an exclusion for family members. Councilmember Sweeten asked Mr. Stucki how he would define family. Mr. Stucki stated children, and grandchildren. Mayor Hancock closed the public hearing on Ordinance #2000-02 at 7:55. Mayor Hancock opened a Public Hearing on a Proposed Zone Change Located at 606 South Main Street from FC-1 to C-3 at 7:55 PM. Bill Balaz and Scott Stuart made an overhead presentation and a video presentation regarding the proposed zone change. Moab Planning Commission Member Dave Wood stated that he was not representing the Planning Commission. Mr. Wood handed out a New York Times article and an article from the Western Governor's Association Action Plan for Reducing Flood Risk in the West December 1997. Mr. Wood then referred to a report by the Denver Urban Drainage and Flood Control District. Mr. Wood stated that engineering solutions aren't as certain as we are told. Mr. Wood said that flood damage in our area keeps increasing and that we have a false sense of security. Mr. Wood stated that people build in flood areas because of this false sense of security and then when flood damage happens, it is public dollars that bail the same people out. Mr. Wood stated that there was an article in the Times Independent recently regarding the Tooele City Council and franchise parking requirements. Mr. Wood stated that when he heard about Burger King's requirements he thought there would be significant potential problems. PUBLIC HEARING CLOSED PUBLIC HEARING OPENED Mr. Wood stated that the problem would be moved downstream. Mr. Wood stated that the certainties of engineer's claims are not as predictable as stated. Mr. Wood feels that the proposal would cause significant damage. Councilmember Sweeten stated that after reviewing the minutes from the Planning Commission meeting on November 12, 1998, that there was a discussion of conditions that the Planning Commission gave approval of by a vote of 4-0. Mr. Wood stated that the proposed development had changed since that time. Councilmember Peterson stated that it was before the wall was proposed. Councilmember Sweeten inquired what the design for the matting included. Mr. Balaz stated that the matting would replace the gabion wall and that the matting would be secured with vegetation. Moab Planning Commission Member Kara Dohrenwend thanked Mr. Balaz for his presentation. Ms. Dohrenwend stated that she is not speaking for the Planning Commission and that she feels that discussion regarding changing the flood channel downstream is important but is a separate issue from the requested zone change. Ms. Dohrenwend stated that the flood channel designation can be based on a computer model but a community can choose to have more stringent standards. Ms. Dohrenwend stated that if the proposed parking was not large enough, the lot has not changed since it was purchased. Ms. Dohrenwend inquired what population base 26 parking spaces was based on. Ms. Dohrenwend stated that flood channel lines are not usually congruent with property lines. Ms. Dohrenwend stated that she estimated a 14 to 20% reduction of the channel with the proposed changes and that this would not help clean out the sediment. Ms. Dohrenwend stated that as she interprets the data this is not the best decision to make this change. Ms. Dohrenwend stated that after watching some local floods, water goes over a flat area and just because there is fill there does not mean the floodwater won't go there and with fill there the floodwaters may actually go farther. Ms. Dohrenwend stated that computer models are a prediction and are based on a small set of data, and is not something a major change like this should be based on. Dan Stenta stated that he works for Tim Keogh, who owns property downstream, but that he was not representing Mr. Keogh. Mr. Stenta commended Mr. Balaz on the thorough presentation that he made. Mr. Stenta stated that studies are only as good as the data available, and that Moab hasn't been around long enough for sufficient data. Mr. Stenta stated that a project 200 yards upstream done by design engineers for a 100-year flood was washed out last summer. Mr. Stenta stated that to move existing zoning would set a precedent and would create a liability for the City to compensate downstream property owners for property value. Mr. Stenta stated that franchises often make exceptions for high tourist impact sites - such as Vail and Telluride — and that our community should not have to accommodate McDonald's and Burger King. Mr. Stenta doesn't feel that they shouldn't be allowed to build on that site, but he thinks it is a bigger picture that should be taken into consideration. Rick Winkler stated that he owns part of the downstream property with Tim Keogh. Mr. Winkler stated that on the map the zone change borders their property. Mr. Winkler stated that he is opposed to the zone change mainly because if it does infringe on his property it would stop the building that they have proposed putting in there. Mr. Winkler stated that Mr. Keogh had written a letter that the Council should have. Moab Planning Commission Member Dorothy Markle stated that she was not representing the Planning Commission but that she feels that floodways should be left alone. Ms. Markle stated that when the owners bought the property they knew everything they were buying. Ms. Markle feels that if this concession is made it is just the beginning for downstream as well as upstream. Arlyn Lazier complemented the Planning Commission and requested that the City Council take their suggestions. Bill Balaz referred to an overhead map and stated that he had plotted the Keogh parcel on the map and that the flood zone barely touches the property on the creek side. Mr. Balaz stated that they still wanted to work with Mr. Keogh, but that he wasn't sure what the impact would be to that property. Mr. Balaz stated that they are not proposing levies or walls that would create a constraint for a flood, they are stabilizing an existing creek bank that would be landscaped. Mr. Balaz feels that the proposal meets the previous conditions set by the Planning Commission. Mr. Balaz stated that this would be a different system than the Millcreek Pathway. Mr. Balaz stated that new development is usually required to deal with run-off to help to control flooding. Mr. Balaz stated that he feels the current boundaries of the FC-1 zone are wrong. Scott Stuart stated that for the proposed restaurant, six parking spaces would be needed for employees and that this is a high traffic area and that the proposal could reduce the number of accidents. Mayor Hancock closed the public hearing on the proposed zone change at 9:10 PM. Under Reading of Correspondence, Mayor Hancock read a letter from Maxine Newell regarding Animal Control in the Tusher/Walker area and would like to see fines raised. A dog bit her and she feels that fines should be raised to $300. Councilmember Sweeten stated that he had seen the Animal Control Officers in that neighborhood quite a bit. Under Administrative Reports, City Manager Metzler distributed a written report. Under Mayor and Council Reports, Mayor Hancock stated that she would be attending the Utah League of Cities and Towns Mid -Year Convention on April 13th through 14th and that it's a pretty useful conference if any Councilmembers are interested in attending. Councilmember stated that the Club Utah annexation and agreement was presented to Spanish Valley Water and Sewer Agency. Councilmember Bailey stated that he is concerned that the Agency is annexing property into their district and is expanding their operation. Councilmember Bailey stated that the original agreement was to provide 600 to 700 hook-ups and that the district has pre -sold 500 connection to Trust Lands and that the City will have to supply sewer. Councilmember Bailey stated that he thinks the connections need to be PUBLIC HEARING CLOSED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS MAYOR AND COUNCIL REPORTS capped. The current cost of sewer infrastructure is $3 per gallon and will double to $6 per gallon when a new sewer plant is constructed. Councilmember Bailey stated that the Agency has changed their service area. City Manager Metzler stated that she would have City Attorney McAnany review the agreement. Councilmember Stucki inquired about the Tram's request for water. City Manager Metzler stated that the Tram had inquired and that City Manager Metzler told them if they were interested in entering into a pre -annexation agreement to let us know. Councilmember Stucki then stated that a citizen was suspicious of a property at 26 North and 200 East that may be offering overnight accommodations. Public Works Director Williams stated that it was a river company that offers housing for their outward -bound students. Councilmember Sweeten stated that Ray Westcott complained that his neighbor across the street from him had not cleaned up his yard and he is concerned that his neighbor is conducting a business without a license. Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $395,634.07. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Sweeten moved for adjournment. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Mayor Hancock adjourned the Regular Council Meeting at 10:15 PM. APPROVAL OF BILLS MOTION TO ADJOURN ADJOURNMENT