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