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HomeMy Public PortalAboutMIN-CC-2008-07-08MOAB CITY COUNCIL REGULAR MEETING July 8, 2008 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. Mayor David L. Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Also in attendance were Councilmembers Gregg Stucki, Kyle Bailey, Rob Sweeten and Jeffrey Davis; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City Engineer Daniel Stenta, Administrative Analyst/Economic Development Coordinator Kenneth F. Davey, Police Chief Mike Navarre and Community Development Director David Olsen. Three (3) members of the audience and media were present. Councilmember Sweeten moved to approve the Regular Meeting minutes of June 24, 2008. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Under Community Development Department Update, Community Development Director Olsen stated that Steve Norman had donated a new Welcome to Moab sign on the south end of town. Community Development Director Olsen then stated that Ben Byrd and Kevin Bowden were donating labor to create the BMX pad and that he would be applying for a $25,000 grant from the Grand County Recreation Special Service District to connect the pathway at Williams Way. Community Development Director Olsen stated that he had presented a draft of the Pipe Dream Trail at the Trails Mix Committee meeting and would present it to the City Council soon. Under Engineering Department Update, City Engineer Stenta stated that the first utility bills with the Storm Water utility fee had gone out the previous week and that he had received about 10 or 12 calls so far and had been pleased with the final resolution with the callers. City Engineer Stenta encouraged the Council to direct any questions regarding the Storm Water Drainage fee to his department. City Engineer Stenta then stated that he had been working on annexation and sole source issues and would be meeting with the Utah Department of Transportation (UDOT) and their consultant the following week to discuss the 500 West project. Under Planning Department Update, Planning Director Reinhart stated that today had been a deadline for the Stars property. Planning Director Reinhart then reviewed the upcoming Planning Commission agenda. A Police Department Update was not given. A Public Works Department Update was not given. Under Citizens to be Heard, Bob Walker stated that in reference to proposed Ordinance #2008-27 that he thought building height was a complicated issue. Mr. Walker suggested that the new ordinance contain wording to allow neighbors the ability to collect solar energy and to encourage thoughtful consideration of solar rights. Harold Shepherd stated that he had filed a procedural appeal of the Lionsback Master Planned Development (MPD) decision from the June 24, 2008 Council meeting. Mr. Shepherd stated that he will re -file the REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE CITIZENS TO BE HEARD July 8, 2008 Page 1 of 4 appeal with corrections if needed. Mr. Shepherd then stated that he did not understand the item listed on the agenda for this meeting. Mr. Shepherd urged the council to hold a public hearing prior to approving the proposed preliminary MPD. Mayor Sakrison stated that the item before the Council tonight was not a reconsideration but a clarification of the conditions of approval. Julianne Fitzgerald stated that she was opposed to the Lion's Back annexation. Ms. Fitzgerald then read a petition protesting the annexation. Diane Walker stated that she was opposed to proposed ordinance #2008-27 and was dismayed to see City staff considering the revisions. Ms. Walker stated that affordable housing structures would still affect neighbors. Bob Greenberg stated that he lives on East Center Street in reference to proposed ordinance #2008-27, he thinks the Council should be nervous about passing ordinances that address single situations. Mr. Greenberg stated that he was glad the City was looking at ways to encourage affordable housing and that he encouraged adding language stating the affordable housing definition is the combined total of rent or mortgage plus utility costs not exceed 30% of the median area income. Mr. Greenberg stated that he didn't think affordable housing should be limited to Community Housing Development Organizations and should be either in perpetuity or for 30 years. Mr. Greenberg stated that the technical issues within the proposed ordinance should be addressed. Trish Hawkins stated that she lives on East Center Street and was concerned about the amendment to the height restriction amendment. Ms. Hawkins stated that if the buildings adjacent to her property were located on the south side all of her solar gain would be eliminated. Ms. Hawkins stated that she feels the eight foot setback is too close for a 40 foot structure. Jenn Oestreich stated that she was opposed to the annexation of Lion's Back and that she feels the precautionary principal should be applied. Ms. Oestreich stated that the decision should involve all potentially affected entities and inquired what the rush was to push the annexation through. Ms. Oestreich inquired if the developer could guarantee sales or guarantee that the aquifer and Millcreek not be harmed. Ms. Oestreich stated that the City had a duty to prevent harm and provide information as well as full cost accounting. Ms. Oestreich stated that it should be an informed, participatory decision and that too many questions remain. Ms. Oestreich again inquired what the rush was. Mayor Sakrison stated that the process had been ongoing for quite some time and that the developers had first contacted the City over two and a half years ago and that the process has been very open. Mayor Sakrison stated that staff is available as well as many documents and that the process has not been rushed but has been very deliberate and thought out. Mayor Sakrison stated that the developers are very willing to provide information and address concerns. Councilmember Sweeten stated that the Sensitive Area Resort Zone as well as the Master Planned Development Ordinance had both been implemented due to this proposed development and gave the City the opportunity to take a very pro -active approach to this development. Mayor Sakrison opened a public hearing on Proposed Resolution #19- 2008 — A Resolution Approving the Historic Designation for the John W. "DOC" Williams Home at 40 West 100 North at 7:36 PM. PUBLIC HEARING OPENED ON PROPOSED RESOLUTION #19-2008 July 8, 2008 Page 2 of 4 Planning Director Reinhart reviewed proposed Resolution #19-2008. Mayor Sakrison closed the public hearing at 7:30 PM. A presentation was made by Cathy Kay of Red Rock Forests Regarding the Manti La Sal National Forest Travel Plan. Councilmember Bailey moved to approve the consent agenda as follows: 1) Request to Send a Conditional Use Permit to Allow a Drive -up Window at a Lending Institution in the C-1 Zone to Public Hearing; 2) Request to Send Proposed Ordinance #2008-15 — An Ordinance Amending Title 17.00, Zoning, to Allow Factory Built Home Sales in the C-4 Zoning District as a Conditional Use to Public Hearing; 3) Request to Send Proposed Ordinance #2008-23 — An Ordinance Amending Chapter 1.32 of the Moab Municipal Code by Adopting the Annexation Map as Found in the Moab General Plan to be the Annexation Policy Plan Map to Public Hearing; 4) Request to Send a Conditional Use Permit to Allow an Expansion of an Historic Residence in the C-3 Zone to Public Hearing; 5) Request to Send Proposed Ordinance #2008-26 — An Ordinance Amending Title 8, Health and Safety, with the Addition of a New Chapter Addressing Violations for Overnight Camping on Unauthorized Areas and Properties to Public Hearing; 6) Request to Send Proposed Ordinance #2008-21 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab to Public Hearing. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to approve a Request by Canyonlands Rodeo Committee for a Refund of the Special Event License Fee for the Rodeo Parade in the amount of $80.00. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Sweeten moved to approve Proposed Ordinance #2008- 27 — An Ordinance Amending Ordinance #2008-22 Establishing a Six - Month Temporary Zoning Regulation Prohibiting the Erection or Construction of Any Structure Over 28 Feet in Height in Any Residential Zone. Councilmember Stucki seconded the motion. The motion carried 3-1 aye with Councilmember Davis voting nay. Councilmember Davis moved to approve the Pearl Minor Subdivision Located at 825 North and 500 West. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Proposed Resolution #22- 2008 — A Resolution Accepting the Public Improvements Constructed in Association with the Subdivision Known as Allen Subdivision, and Authorizing the Release of the Performance Guaranty Associated with Said Improvements. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Under discussion regarding Water and Sewer Service Provision for Mulberry Grove Planned Unit Development, City Manager Metzler made a presentation. Discussion followed. Councilmember Sweeten moved to conditionally approve the Preliminary Master Planned Development (MPD) for Lionsback Resort with the following conditions: 1. The zoning of Sensitive Area Resort (SAR) will be applied at the time of annexation. 2. The issue of ownership of Sand Flats Road will be determined PUBLIC HEARING CLOSED PRESENTATION CONSENT AGENDA, APPROVED REFUND OF SPECIAL EVENT LICENSE FEE, APPROVED PROPOSED ORDINANCE #2008-27, APPROVED PEARL MINOR SUBDIVISION, APPROVED PROPOSED RESOLUTION #22-2008, APPROVED DISCUSSION REGARDING WATER AND SEWER SERVICE PROVISION FOR MULBERRY GROVE PRELIMINARY LIONSBACK MPD CONDITIONALLY APPROVED July 8, 2008 Page 3 of 4 prior to annexation. 3. The approval is contingent upon annexation of the property into the City. 4. The developer agrees to the requirement that the South 25 acre tract containing storage, employee housing, and open space will be developed in substantial conformity with the submittal, even if that parcel is not annexed contemporaneously with the balance of the application. 5. The developer shall enter into an acceptable pre -annexation agreement with the City. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Under Reading of Correspondence, Mayor Sakrison stated that he had a letter from Miles Rademan of Park City inquiring if Moab City would like to participate in the Park City tour to Idaho. Councilmember Sweeten stated that a citizen had spoken to him regarding retention dams. READING OF CORRESPONDENCE Under Administrative Reports, City Manager Metzler stated that the ADMINISTRATIVE document section on the City Website for City Council and the Mayor is REPORTS up and running and Council needs to learn how to access the system. City Manager Metzler stated that she had spoken to Grand County regarding a Joint City/County Meeting on July 18, 2008. City Manager Metzler stated that she was working on the State Budget submittal by July 11, 2008 and would meet again with Diversified Partners, Utah State University, School and Institutional Trust Lands Administration regarding possible annexation. City Manager Metzler stated that the revised Aquatic Center Agreement would be on the next agenda and Harold Shepherd had filed an appeal to the City council's decision on the Lion's Back MPD and that the appeals authority currently was the Board of Adjustments (BOA). City Manager Metzler stated that the BOA should not be the appeals authority for City Council decisions, and that district court should be. City Manager Metzler stated that staff was working on a revision of City Code to that effect. Councilmember Sweeten stated that he had received a lot of positive comments regarding the pool and the swim meet held the previous weekend. Under Mayor and Council Reports, Mayor Sakrison stated that a citizen had inquired about having two barbeque areas at Old City Park. Mayor Sakrison stated that he had attended his first Grand County Airport Board meeting. Mayor Sakrison then reviewed the meeting. Councilmember Sweeten moved to pay the bills against the City of Moab in the amount of $657,279.26. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 9:06 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT July 8, 2008 Page 4 of 4