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Home My Public Portal AboutMIN-CC-2000-04-11MOAB CITY COUNCIL REGULAR MEETING April 11, 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. Councilmember Kirstin Peterson led in the Pledge of Allegiance. Also in attendance were Councilmembers Kyle Bailey, Gregg W. Stucki, Joseph Lekarczyk and Rob Sweeten; City Manager Donna Metzler, City Recorder Rachel Ellison, City Treasurer Laurie Ramstetter, Community Development Coordinator David Olsen, Public Works Director Brent Williams, City Attorney Chris McAnany, Acting Temporary Police Chief Michael NaVarre, Police Officer II Craig Shumway and Temporary Planning Aide Janet Lowe. Seven (7) members of the audience and media were present. Councilmember Sweeten moved to approve the Regular Council Meeting Minutes of March 14, 2000. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There were no Citizens to be Heard. Mayor Hancock proclaimed April 28, 2000 as Arbor Day. Under Police Department Update Acting Temporary Police Chief Michael NaVarre presented a written report. Councilmember Sweeten inquired if state assistance was available for apprehension of drunk drivers during the upcoming annual Jeep Safari event. Acting Temporary Police Chief NaVarre stated that the State of Utah had not provided a D.U.I. task force this year. Mayor Hancock inquired if the gym would be used as a youth facility during Jeep Safari. Acting Temporary Police Chief NaVarre stated that youth would be transported to Blanding. Councilmember Stucki inquired if the Police Department purchased their tires locally. Acting Temporary Police Chief stated that tires were purchased on state contract and that there were no local providers for that state contract. Councilmember Stucki inquired when a windshield was kicked out, how was restitution made to the City. Acting Temporary Police Chief NaVarre stated that estimates of the damage were entered into a police report and that court ordered restitution was paid to the court and then to the City. Councilmember Peterson stated that there was a shop renting motorized scooters and that the use of these scooters was escalating on the streets and the Millcreek Pathway. Councilmember Peterson inquired if obvious violations were observed, should the Police REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD ARBOR DAY PROCLAMATION POLICE DEPARTMENT UPDATE Department be notified. Acting Temporary Police Chief Navarre stated that the Police Department should be notified and that the Police Department had already been working on this problem. Acting Temporary Police Chief NaVarre stated that use of these scooters was illegal on state highways, sidewalks, and the Millcreek Parkway. Acting Temporary Police Chief Navarre also stated that the Police Department has been working with the rental shop to educate scooter renters. Councilmember Sweeten stated that if the Council could encourage outside entities to provide training to let them know. Under Planning Update, Community Development Coordinator Olsen stated that the Planning Commission has voted to have a Commission Member present at future meetings to make the update. Under Presentations, the Canyonlands Community Recycling Update was postponed. Also Under Presentations Julie VanDomelen from the Moab Area Economic Development Council made a presentation regarding Moab Area Economic Development Update. Discussion followed. Mayor Hancock opened a public hearing at 7:44 PM on a proposed Lot Line Adjustment located at 1337 Powerhouse Lane. City Attorney McAnany listed four criteria - as outlined in Utah Code Annotated 10-9-808[7] - that Lot Line Adjustments must meet as follows: 1) No new dwelling lot or housing unit results from the lot line adjustment; 2) The adjoining property owners consent to the lot line adjustment; 3) The lot line adjustment does not result in remnant land that did not previously exist; 4) The adjustment does not result in violation of applicable zoning requirements. Bruce Harrison spoke representing the Powerhouse Lane Homeowners' Association. Mr. Harrison read a letter from the Homeowners' Association that outlined the history of the Powerhouse Lane Trailer Court. Mr. Harrison urged the Council to vote against the lot line adjustment. Vivianne Rose spoke representing the Powerhouse Lane Homeowners' Association. Ms. Rose stated that a factor could be litigated to establish them as an owner. Ms. Rose stated that the adjustment may seem insignificant but the change reflects an exclusive sale agreement between Mr. Riley and Sundial Development. Ms. Rose stated that this same adjustment would be illegal in Grand County. Ms. Rose stated that this adjustment would cause a hardship and inconvenience for the twenty-two (22) tenants. Ms. Rose stated that Mr. Barry did not use due process to protest the subdivision to the Board of Adjustments. Ms. Rose stated that the goal all along has been to remove the trailers from the area. Ms. Rose stated that she had objected to the lot line adjustment at the March Planning Commission Meeting. Ms. Rose also stated that the Homeowners' Association has been in contact with Sundial Development and that they have agreed to work something out for tenants, but this is still unspecified. Ms. Rose stated that the State of Utah had designated this area as a low-income housing project. Ms. Rose stated that this property was currently under litigation and that an action was not appropriate at this time. Tom Hamilton read a letter to the Council listing objections to displacement of twenty-two (22) households and strongly PLANNING UPDATE RECYCLING UPDATE POSTPONED ECONOMIC DEVELOPMENT PRESENTATION PUBLIC HEARING OPENED PUBLIC COMMENT urged the Council to vote against this adjustment. Mr. Hamilton stated that it is a struggle to keep affordable housing in Moab and that this is the initial step to finalizing a sale agreement with the developer. Mr. Hamilton stated that he is a newcomer to the area and that he objects to the changes at the mouth of Millcreek Canyon. Mr. Hamilton urged the Council to not allow this to happen. Mayor Hancock closed the Public Hearing on a Proposed Lot Line Adjustment located at 1337 Powerhouse Lane at 8:07 PM. Councilmember Sweeten moved to approve a Proposed Lot Line Adjustment located at 1337 Powerhouse Lane. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to table Proposed Resolution #07-2000 - A Resolution Setting the Vehicle Mileage and Meal Allowance for Travel. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Proposed Resolution #08- 2000 - A Resolution Designating Rachel Ellison, City Recorder as the Representative of the City of Moab to Secure the Transfer of Surplus Federal Property Through the Utah Division of Surplus Property. Councilmember Peterson seconded the motion. The motion carried 5- 0 aye by a roll -call -vote. Councilmember Sweeten moved to approve Proposed Resolution #09- 2000 - a Resolution of the Governing Body of Moab City Declaring Certain Property Owned by the City of Moab as Surplus. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to approve the donation of surplus property listed as a 1988 Ford Mustang, Unit #154 Vehicle Identification Number 1FABP40E8JF235564 to Grand County Search and Rescue. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Under Review of the Memorandum of Understanding Among Grand County, the Grand County Library, the Grand County School District and the City of Moab, City Manager Metzler made a presentation. Discussion followed. Councilmember Bailey moved to approve a Warranty Deed for the Gostlin Property Acquisition for the Millcreek Project. Councilmember Sweeten seconded the motion. The motion carried 5- 0 aye by a roll -call -vote. Councilmember Sweeten moved to approve an application for a Land and Water Conservation Grant. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Under discussion regarding Direction for the Police Chief Position, Mayor Hancock made a presentation. Discussion followed. Under Reading of Correspondence, Mayor Hancock stated that she had received a call from Elmer Duncan regarding motorists running red lights at the intersection of Highway 191 and Kane Creek Boulevard. Mr. Duncan also voiced concern over the dangerous intersection at Kane Creek Boulevard and 500 West. Mr. Duncan felt that the police PUBLIC HEARING CLOSED PROPOSED LOT LINE ADJUSTMENT LOCATED AT 1337 POWERHOUSE LANE, APPROVED PROP. RES.#07-2000 - A RES. SETTING THE VEHICLE MILEAGE AND MEAL ALLOWANCE FOR TRAVEL, TABLED PROP. RES. #08-2000 - A RES. DESIGNATING RACHEL ELLISON, CITY RECORDER TO SECURE THE TRANSFER OF SURPLUS FEDERAL PROPERTY THROUGH THE UTAH DIVISION OF SURPLUS PROPERTY, APPROVED PROP. RES. #09-2000 - A RES. OF THE GOVERNING BODY OF MOAB CITY DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS, APPROVED DONATION OF SURPLUS PROPERTY -1988 FORD MUSTANG, UNIT #154 TO GRAND COUNTY SEARCH AND RESCUE, APPROVED REVIEW OF MEMORANDUM OF UNDERSTANDING WARRANTY DEED FOR THE GOSTLIN PROPERTY ACQUISITION FOR THE MILLCREEK PROJECT, APPROVED LAND AND WATER CONSERVATION GRANT, APPROVED DISCUSSION REGARDING DIRECTION FOR THE POLICE CHIEF POSITION READING OF CORRESPONDENCE could be stationed at those intersections to write tickets. Under Administrative Reports, City Manager Metzler stated that the first Budget meeting would be on April 20, 2000 and that the Administrative and Police Departments would be discussed. City Manager Metzler also stated that starting on the next agenda there would be a Public Works Department Report on the Agenda. Under Mayor and Council Reports, Mayor Hancock stated that she would be traveling to St. George to attend the Utah League of Cities and Towns Mid -Year Conference. Councilmember Sweeten made note to Council that the $50,000 allocated to Fiscal Year 2000-01 Community Contributions budget was a transfer from General Fund Surplus. Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $323,672.57. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to enter an Executive Session for the Purpose of Discussing Pending or Reasonably Imminent Litigation. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. An Executive Session was entered at 10:05 PM. Councilmember Bailey moved to close the Executive Session. Councilmember Sweeten seconded the motion. The motion carried 5- 0 aye. The Executive Session was closed at 10:52 PM. Mayor Hancock adjourned the Regular Council Meeting at 10:52 PM. ADMINISTRATIVE REPORTS 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 ADJOURNMENT