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