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