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HomeMy Public PortalAboutMIN-CC-2000-05-23MOAB CITY COUNCIL REGULAR MEETING May 23, 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 Gregg W. Stucki led in the Pledge of Allegiance. Also in attendance were Councilmembers Joseph Lekarczyk, Kyle Bailey, Rob Sweeten and Kirstin Peterson; 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 I Jon C. Morgan, Police Officer I Russell Pierce, and Moab Arts and Recreation Manager Eve Passeltiner. Thirty-four (34) members of the audience and media were present. Councilmember Stucki moved to approve the Regular Council Meeting Minutes of May 9, 2000. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Under Citizens to be Heard, Richard Cooke spoke regarding the preservation of downtown neighborhoods. Mr. Cooke stated that the neighborhoods had a unique character and that it was important to balance residential and commercial. Mr. Cooke urged the Council to resist converting residential neighborhoods to commercial zones until all developable commercial properties are exhausted. Mr. Cooke encouraged the Council to reflect on zone changes and their consequences very carefully. Mr. Cooke also stated that he feels that Center Street is a good location for a state office building. Donald Kiffineyer spoke regarding the 100 South block. Mr. Kiffineyer stated that he is not opposed to growth, but he wonders where it will end. Carol Hines stated that she agrees with Mr. Kiffineyer's statement. REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD Mayor Hancock proclaimed May 27, 2000 as Poppy Day for the PROCLAMATION American Legion. Under Planning Update, Planning Commission Member Noorlander stated that the zone change request from an I-1 to an R-4 zone was recommended by the Planning Commission. Under Public Works Department Update, Public Works Director Williams stated that skate park construction was scheduled to begin on May 30th and that the Utah Department of Transportation would be working on projects in Moab throughout the summer. Under Police Department Update, Acting Temporary Police Chief Michael NaVarre presented a written report. Councilmember Bailey moved to approve a Request a Home Occupation License for Jack Beeson, d.b.a. Moab Stained Glass to Conduct a Stained Glass Business Located at 64 South 400 East. Councilmember Sweeten seconded the motion. The motion carried 5- 0 aye. PLANNING UPDATE PUBLIC WORKS DEPARTMENT UPDATE POLICE DEPARTMENT UPDATE HOME OCCUPATION LICENSE FOR JACK BEESON, D.B.A. MOAB STAINED GLASS; APPROVED Councilmember Lekarczyk moved to approve a Personnel Reclassification of the Moab Arts and Recreation Center (MARC) Director Position. Councilmember Peterson seconded the motion. The motion carried 4-1 aye by a roll -call -vote with Councilmember Stucki voting nay. Councilmember Peterson moved to send a Proposed Zone Change Located at 911 West 400 North from I-1 to R-4 to Public Hearing. Councilmember Sweeten seconded the motion. The motion carried 5- 0 aye. Councilmember Lekarczyk moved to approve a Permanent Class II Beer License for Shon Walter, d.b.a. Isabella's Pizzeria, located at 471 South Main Street #8. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to table a request for a Permanent Class I Beer License for Gary Sean O'Neill, d.b.a. Chile Pepper Bike Shop, located at 702 South Main Street. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Temporary Class II Beer License for Daren McCollum, d.b.a. Banditos Grill, located at 467 North Main Street. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Lekarczyk moved to approve a Moved -on Structure Permit for James K. Braggs, d.b.a. Sugar Shack, located at the City Ball Park. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Stucki moved to approve a Moved -on Structure Permit for Robert Day, d.b.a. High Point Hummer and ATV Tours, located at 83 South Main Street. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Mayor Hancock opened a public hearing on Proposed Ordinance #2000-04 — An Ordinance Regarding the Permitting of Wireless Telecommunications Facilities at 7:35 PM. No public comment was given. Mayor Hancock closed the public hearing at 7:35 PM. Mayor Hancock opened a public hearing on Proposed Resolution #10- 2000 — A Resolution Adopting the Fiscal Year 2000/2001 Budget at 7:36 PM. Sue Husch spoke on behalf of the Moab Music Festival. Ms. Husch stated that financial support from the City was crucial to obtaining other grant money and that the festival appreciated that past support of the Council. Ms. Husch also spoke on behalf of the League of Women Voters. Ms. Husch stated that advertising and the candidate forum comprised the entire budget for the League of Women Voters. Ms. Husch stated that the candidate forum was very important to the community. Ms. Husch thanked the Council for their consideration. Sarah Heffron urged the Council to reconsider cutting the budget and the legalities of funding community organizations. Ms. Heffron stated that the Youth Garden Project provides recreation for the community's youth, senior citizens, Interact Club, 4-H Summer Program as well as providing education, positive feedback, food to the food bank, PERSONNEL RECLASSIFICATION OF THE MOAB ARTS AND RECREATION CENTER (MARC) DIRECTOR POSITION, APPROVED PROPOSED ZONE CHANGE LOCATED AT 911 WEST 400 NORTH FROM I-1 TO R-4 SENT TO PUBLIC HEARING, APPROVED PERMANENT CLASS II BEER LICENSE FOR SHON WALTER, D.B.A. ISABELLA'S PIZZERIA, APPROVED PERMANENT CLASS I BEER LICENSE FOR GARY SEAN O'NEILL, D.B.A. CHILE PEPPER BIKE SHOP, TABLED TEMPORARY CLASS II BEER LICENSE FOR DAREN MCCOLLUM, D.B.A. BANDITOS GRILL, APPROVED MOVED -ON STRUCTURE PERMIT FOR JAMES K. BRAGGS, D.B.A. SUGAR SHACK, APPROVED MOVED -ON STRUCTURE PERMIT FOR ROBERT DAY, D.B.A. HIGH POINT HUMMER AND ATV TOURS, APPROVED PUBLIC HEARING ON PROPOSED ORD. #2000-04 - TELECOMMUNICATIONS PUBLIC HEARING CLOSED PUBLIC HEARING ON PROPOSED RES #10-2000 2000/2001 BUDGET PUBLIC COMMENT restoration of the elderly's homes and funding for other community PUBLIC COMMENT projects. Ms. Heffron stated that the Council should be proud of this unique asset to the community. Doug Kennedy, a local business owner, stated that his daughter had been involved with the Youth Garden Project and that it had changed her life. Mr. Kennedy stated that his daughter had written an essay on her experience with the Youth Garden Project and had won $500 in a contest. Mr. Kennedy stated that he has made personal and business contributions to the Youth Garden Project. Claudia Bissitt stated that prior to her involvement with the Youth Garden Project she had been clinically depressed. Ms. Bissitt stated that her participation had brought her family together, enabled her to complete her High School education and was an overall healing experience. Diane Allen spoke on behalf of the Moab Valley Humane Society. Ms. Allen stated that she has been impressed with the community support and feels that they provide an important service to non -pet owners as well. Ms. Allen stated that they hope to offer the low-cost spay and neuter clinic again this year, and that they will receive funding from the Utah Coalition for Animals if there is a significant increase in the spay and neuter clinic. Rick Baker from F.A.C.T. thanked the Council for the $900 in City Swim passes. Dave Sakrison stated that he was concerned about the proposed stormwater drainage fees and that he encouraged the Council to reconsider the fees. Mr. Sakrison stated that many people cannot afford to live in Moab City due to the many fees charged like energy fees and franchise fees. Mr. Sakrison urged the Council to think through this decision. Carly Williams stated that she lives at 400 South Moenkopi and she is concerned with the proposed $2 stormwater drainage fee. Ms. Williams stated that she is not opposed to infrastructure, however she is opposed to funding infrastructure in this manner when it doesn't leave room for future increases. Ms. Williams stated that the fees could cause a hardship for those on fixed or seasonal incomes. Ms. Williams stated that she would like to see a more creative solution including re -prioritizing needs in the General Budget. Arlen Lazier spoke on behalf of Canyonlands Community Recycling. Ms. Lazier thanked the Council for the funding they had allocated. Ms. Lazier stated that she was concerned about the Council's legal issue of funding community welfare organizations which function on the good will of their volunteers. Ms. Lazier considers these organizations to be an essential part of the community's infrastructure and also thinks that this Council should set an example for the County Council in funding community organizations. Laurie Collins spoke on behalf of the Four Corners Mental Health Pregnancy Prevention Program. Ms. Collins stated that she was glad that the Council had chosen to show support for the program even though the support was debated. Ms. Collins stated that by the Council supporting the program that they would be supporting a decrease in the rate of out of wedlock pregnancies in Grand County and also were supporting the youth in our community. Ms. Collins asked that the Council keep the support coming. Donald Kiffmeyer spoke regarding the proposed $2 stormwater drainage fee. Mr. Kiffmeyer stated that he already pays a lot of taxes and surcharges. Mr. Kiffmeyer stated that the sales tax on food is criminal and that the franchise tax on utilities is not necessary. Mr. Kiffmeyer inquired if the drainage was caused from construction. Mr. Kiffmeyer said he would be willing to pay the $2 fee if there was not a food sales tax. Mr. Kiffmeyer also stated that community groups were dependent on financial support from the City and that he was glad that the contribution for KZMU had been reduced now that KZMU is doing better. Mr. Kiffmeyer thanked the Council for their past support of KZMU. Debra Officer thanked the Council for their past support. Ms. Officer stated that five families were now homeowners through the self-help program and that seven more families had almost completed their houses. Ms. Officer stated that June 9th was volunteer day. Ms. Officer also stated that the program was in need of additional funding to purchase tools and a compressor. Ms. Officer stated that the goal of the program was to provide affordable housing in city limits. Councilmember Sweeten stated that the funding for community contributions had come from the City's surplus and that the process of allocating community contributions was frustrating and determining a fair method was not easy. Mayor Hancock closed the Public Hearing at 8:10 PM Councilmember Sweeten moved to move the agenda to Approval of a Proposed Zone Change located at approximately 165 East 100 South from R-3 to C-2. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a Proposed Zone Change located at approximately 165 East 100 South from R-3 to C-2. Councilmember Stucki seconded the motion. Councilmember Bailey declared a conflict of interest as he owns property on each side of the proposed zone change. The motion failed 2-3 nay with Councilmembers Peterson and Lekarczyk voting nay, Mayor Hancock voting nay to break a tie and Councilmember Bailey abstaining. Councilmember Peterson moved to table a Request by the Canyonlands Fat Tire Festival Organizing Committee for the use of City Owned Property Located at 100 West Street to Conduct the Canyonlands Fat Tire Festival until information can be gathered from adjacent residents and businesses and until a parking plan can be developed and presented. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to confirm the Mayoral Appointments of Nick Eason, Happy Morgan and Anne Clare Erickson to the Moab Arts and Recreation Board. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Certify the Moab Unit Retirement Contribution Rates for Fiscal Year 2000/2001. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Discussion Regarding declaring city -owned Cemetery Property located at Spanish Valley Drive and Spanish Trail Road as surplus, City Manager Metzler made a presentation. Discussion followed. Under Reading of Correspondence, Mayor Hancock stated that she and PUBLIC COMMENT PUBLIC HEARING CLOSED AGENDA MOVED, APPROVED PROPOSED ZONE CHANGE LOCATED AT APPROXIMATELY 165 EAST 100 SOUTH FROM R-3 TO C-2, FAILED 2-3 NAY REQUEST BY THE CANYONLANDS FAT TIRE FESTIVAL ORGANIZING COMMITTEE FOR THE USE OF CITY OWNED PROPERTY, TABLED MAYORAL APPOINTMENTS TO THE MOAB ARTS AND RECREATION BOARD, CONFIRMED MOAB UNIT RETIREMENT CONTRIBUTION RATES FOR FISCAL YEAR 2000/2001, CERTIFIED DISCUSSION REGARDING CITY - OWNED CEMETERY PROPERTY READING OF CORRESPONDENCE the Council had received a letter from Pam Seep regarding the use of the Moab Arts and Recreation Center for a Wedding and requesting a refund. Mayor Hancock stated that she and the Council had also received a copy of a letter of response from Eve Passeltiner, Moab Arts and Recreation Center Director. Under Administrative Reports, City Manager Metzler distributed a written report and stated that she is awaiting a legal opinion on the request by Bob's Sanitation to reduce the amount of their performance bond. Under Mayor and Council reports, Mayor Hancock stated that there would be a meeting on May 31 st with County Administrator Dave Hutchinson regarding air service to Moab. Mayor Hancock also stated that the dedication of the restored Dewey Bridge would be May 29th at 10:00 am, and that at the last Association of Local Government meeting, $10,000 had been allocated from the Community Development Block Grant for Moab City's Sports Park. Councilmember Bailey stated that the Spanish Valley Water and Sewer meeting on the proposed agreement would be on June 14th at 7:00 PM Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $53,294.00. Councilmember Peterson 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 a Strategy Session to Discuss Pending or Reasonably Imminent Litigation. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. An Executive Session was entered at 9:30 PM. Councilmember Sweeten moved to close the Executive Session. Councilmember Lekarczyk seconded the motion. The motion carried 4-0 aye. The Executive Session was closed at 9:55 PM. Mayor Hancock adjourned the Regular Council Meeting at 9:55 PM. ADMINISTRATIVE REPORTS MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ENTER EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSON EXECUTIVE SESSION CLOSED ADJOURNMENT