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HomeMy Public PortalAboutMIN-CC-2008-08-26MOAB CITY COUNCIL REGULAR MEETING August 26, 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 5:30 PM for the purpose of discussing the Lionsback pre -annexation agreement. 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, Sarah Bauman, Rob Sweeten and Jeffrey Davis; City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart, Administrative Analyst/Economic Development Specialist Kenneth F. Davey, City Treasurer Jennie Ross, City Engineer Daniel Stenta, Police Chief Mike Navarre and Community Development Director David Olsen. Moab City Planning Commission Members Kara Dohrenwend, Kelly Thornton, Jeanette Kopell, Wayne Hoskisson and Joe Downard were also present. Forty-two (42) members of the audience and media were present. Under Citizens to be Heard, Annie Thomas stated that she spoke on behalf of her children and the children of the Moab community. Ms. Thomas stated that she is proud that Moab is a Blue Sky community. Ms. Thomas stated that she is sad to not see more recycling in Moab and specifically no recycling bins in Rotary Park. Ms. Thomas continued that the City's website is linked to the Solutions recycling site and asked the City to take a lead in recycling by placing a recycling bin next to each garbage can in the City. Ms. Thomas stated Moab City really needs to focus on living up to our Blue Sky designation and asked the City to look at the future when considering developments. Ms. Thomas also stated that her daughter had started a blog "Peace Tree Kids" to save the earth. Krinden Santos spoke on behalf of the Grand County High School Recycling Club, which she stated was in its third year. Ms. Santos stated that recycling is very important and that her club was not seeing enough recycling in the City. Ms. Santos stated that we should have a green, healthy city and requested that the City place recycling bins on bike paths and parkways. Ms. Santos stated there is entirely too much waste being thrown out. Sara Melnicoff stated that she had spoken at Rotary Park to the 4-H club regarding recycling and was disappointed to find there were no recycling bins at that park. Ms. Melnicoff showed the recycling that she sorted from the garbage at one event at Rotary Park. Ms. Melnicoff offered to show the City how to implement recycling at city parks for free. There were no minutes to approve. Under Community Development Department Update, Community Development Director Olsen stated that he had applied for a grant for the 300 South 400 East Corner Park. Community Development Director Olsen also stated that he had 22 trees to plant at that park. Community Development Director Olsen continued that he serves on the State of Utah Trail Committee and that Moab City had been awarded $50,000 for the 500 West Underpass project for the pathway. Community Development Director Olsen also stated that he was working with School and Institutional Trust Lands Administration (SITLA) on a west side trail project. Community Development Director REGULAR MEETING & ATTENDANCE CITIZENS TO BE HEARD APPROVAL OF MINUTES COMMUNITY DEVELOPMENT UPDATE August 26, 2008 Page 1 of 7 Olsen ended by saying that the Community Development Block Grant water line project had been approved. Under Engineering Department Update, City Engineer Stenta stated that the 500 West project was in the scoping phase of the project and that he had walked part of the project site with consulting engineers. City Engineer Stenta stated that right-of-way issues were now being dealt with and construction should begin in January or February. A Planning Department Update was not given. Under Police Department Update, Police Chief Navarre stated that 500 to 700 Bandidos motorcycle club members were in town the previous weekend and that he felt that it was a successful event given the high law enforcement profile and the open lines of communication with the club. Councilmember Sweeten thanked the Police Department for their work ensuring the safety of our citizens. Councilmember Sweeten stated that it was outstanding work. A Public Works Department Update was not given. Councilmember Sweeten moved to approve the Consent Agenda as follows: 1) Request to Send Proposed Ordinance #2008-24 — An Ordinance to Amend Title 17.00 of the Moab Land Use Code by Removing Reference to the Development Regulations for the R-3 Residential Zone from the Development Regulations in the C-1, C-2 and C-4 Commercial Zones to Public Hearing; 2) Request to Send Proposed Ordinance #2008-25 — An Ordinance Amending the City of Moab Municipal Code, Section 17.06 by the Addition of Definitions for a Complete Application and Development Application to Public Hearing; 3) Request to Send Proposed Ordinance #2008-30 — An Ordinance Amending the City of Moab Land Use Code by Repealing a Portion of Chapter 17.65.080 MPD Review Procedures to Align the Appeals Process of a Council Decision with the Balance of the Land Use Code to Public Hearing; 4) Request to Send Proposed Ordinance #2008-32 — An Ordinance Amending the City of Moab Land Use Code by Repealing Chapter 17.39, R&D-1, Research and Development Zone and Amending the Allowed Uses in the C-4 Commercial Zoning District to Public Hearing; 5) Request to Send Proposed Ordinance #2008-33 — An Ordinance Amending the City of Moab Land Use Code by Repealing Chapter 17.09.610, Conditional Use — Transition Use to Public Hearing; 6) Request to Send Proposed Ordinance #2008-35 — An Ordinance Amending the Official Moab Zoning Map — Bazil/Todd to Public Hearing. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve a request for a Waiver of Building Permit Fees for the Daughters of the Utah Pioneers in the amount of $141.94. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Sweeten moved to approve Proposed Resolution #26- 2008 — A Resolution Accepting the Public Improvements Constructed in Association with the Subdivision Known as Sunrise Hills Subdivision, and Authorizing the Release of the Performance Guaranty Associated with Said Improvements. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Stucki moved to approve a Subdivision Improvements ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE CONSENT AGENDA, APPROVED WAIVER OF BUILDING PERMIT FEES BY THE DAUGHTERS OF THE UTAH PIONEERS, APPROVED PROPOSED RESOLUTION #26-2008, APPROVED SUBDIVISION IMPROVEMENTS August 26, 2008 Page 2 of 7 Agreement for Moab Springs Resort Group, LLC. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Conditional Use Permit to Allow a Drive -up Window at a Lending Institution in the C-1 Commercial Zone to include the following conditions: 1) Light glare from headlights shall be blocked with a solid wood privacy fence; 2) the hours of operation shall be 9:00 AM until 5:30 PM; 3) the conditional use permit shall be implemented within one year from the date of approval. Councilmember Stucki seconded the motion. The motion carried 3-2 aye with Councilmembers Bauman and Bailey voting nay. Mayor Sakrison opened a public hearing on Public Input on a Conditional Use Permit to Allow an Expansion of an Historic Residence in the C-3 Commercial Zone at 7:34 PM. Applicant Kara Dohrenwend gave an overview of the proposed expansion. Mayor Sakrison closed the public hearing at 7:39 PM. Mayor Sakrison opened a public hearing on Public Input on Proposed Ordinance #2008-20 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab — School and Institutional Trust Lands Administration/Lionsback at 7:39 PM. Chris Baird stated that he was concerned about the development meeting the requirements of the sole source aquifer protection guidelines and stated that developments of the same magnitude in the County had been required to meet more stringent requirements regarding the aquifer protection. Mr. Baird requested that the City consider increasing the standard to match zone two for sole source protection. Mr. Baird stated that he felt the public drinking water delineations as they are drafted are risky. Mr. Baird then stated that he felt that affordable housing should be a required component of the agreement, not optional given the circumstances of our community regarding affordable housing. Mr. Baird stated that affordable housing was essential for this development. Tom Kennedy spoke on behalf of the Lionsback developer. Mr. Kennedy stated that the remaining piece of property would be annexed in the future for affordable housing as outlined in the proposed agreement. Mr. Kennedy stated that they had provided an annexation standards report and that City staff had prepared an annexation evaluation to answer many of the questions raised. Mr. Kennedy then requested that the architect for the project give an overview. Cal Wilbourn spoke as the development's architect. Mr. Wilbourn gave a brief overview of the project. Mr. Kennedy stated that a pre -annexation agreement was being negotiated and would be reviewed by the Moab City Planning Commission and then acted upon by the Moab City Council. Mr. Kennedy stated that the extension of services and utilities would be paid for by the developer. Mr. Kennedy asked for the Council's support of the annexation petition and stated that they were available to answer questions. Harold Shepherd stated that he was representing the Moab Local Green Party and that he appreciated the City's standing in this matter. Mr. Shepherd stated that the City needed to be cognizant of the sole source aquifer issue and needed a study to analyze the impacts on drinking AGREEMENT FOR MOAB SPRINGS RESORT GROUP, LLC, APPROVED CONDITIONAL USE PERMIT TO ALLOW A DRIVE -UP WINDOW AT A LENDING INSTITUTION IN THE C-1 ZONE, APPROVED WITH CONDITIONS PUBLIC HEARING OPENED PUBLIC COMMENT PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC COMMENT August 26, 2008 Page 3 of 7 water. Mr. Shepherd stated he is concerned that that by the time the impacts are proven, community health will already be impacted. Mr. Shepherd suggested that many cities are implementing moratoriums for this reason. Mr. Shepherd stated that the City had a legal obligation to the developer as well as to the general public regarding public health. Mr. Shepherd stated that the City had paper water rights but inquired if it would be sufficient to provide for this development. Mr. Shepherd continued that the City has to consider how long developments of this nature can continue given the drought conditions. Mr. Shepherd then quoted from a water study. Mr. Shepherd requested that the City adopt a moratorium until the issues can be addressed. Julianne Fitzgerald stated that she is adamantly opposed to this annexation and development. Ms. Fitzgerald stated that the City sought sole source protection designation in 2001 and that in Europe the Pre- cautionary Principle was applied, causing developers to prove there are no impacts prior to development. Ms. Fitzgerald stated that she is currently protesting the definition of an affected entity before the Board of Adjustments (BOA). Ms. Fitzgerald stated that the developer stated that they were required to notify all water right owners within a two mile radius of the proposed development which concerned her. Ms. Fitzgerald stated that she feels were are gambling with our own backyard and potentially compromising our future drinking water. Ms. Fitzgerald stated that she is in favor of a moratorium and feels that utilities cannot be provided efficiently. Ms. Fitzgerald stated that she has a petition containing over 300 signatures and that she would rather really not be doing this. Sara Melnicoff stated that she finds the proposal tragic and that she is very fond of Bryan Torgerson from SITLA. Ms. Melnicoff inquired how we deal with the destruction and contamination that makes everyone sick. Ms. Melnicoff inquired how we stop a speeding car heading right towards us. Ms. Melnicoff also stated that she walks the area almost every day and it is full of wildlife. Ms. Melnicoff stated that open space in the development is not really open space. Lucy Wallingford thanked the Council for the opportunity to speak. Ms. Wallingford stated that since the City was considering annexation and development of sensitive lands she would like to have the following questions addressed: 1) What is the plan for water storage; 2) How will the water storage be funded; 3) What are the water source protection plans; 4) Wi11 the citizens of Moab have to bear the burden of any expenses connected to this development; 5) Is the work force housing guaranteed in the annexation agreement; 6) How will the traffic impacts be mitigated on access roads during construction. Bryan Torgerson spoke on behalf of SITLA. Mr. Torgerson stated that the State approved a lease for this property to Mike Hill in the mid 1980s and that the property had been approved at that time for a zone change in Grand County. Mr. Torgerson stated that SITLA's mandate is manage the assets given by the federal government to benefit the State's schools and that he appreciates the public turnout and asks the Council for their support. Karl Larson stated that he is new to Moab and has been coming to the community as a tourist for the past 30 years. Mr. Larsen stated that Moab has the appeal of a magic world on the hill and that stucco boxes on the hill will kill the golden goose. Mr. Larson stated that residential development never pays its way and the developers will promise the City the world, they are in it for the money. Michelle Peterson stated that she is a citizen of Moab and that the group here tonight may look like a bunch of tree hugging, dirt munching PUBLIC HEARING PUBLIC COMMENT CONTINUED August 26, 2008 Page 4 of 7 hippies, but so what? Ms. Peterson stated that the group was looking out for everyone's children as well as the animal population. Ms. Peterson asked the Council to open their minds to the opinions being expressed. Ms. Peterson stated that she disagrees with the definition of an affected entity and feels that anyone in Walker Subdivision or on the other side of the valley not shielded from the light of the development would be an affected entity. Ms. Peterson stated that she has concerns regarding public service access to that area and that water doesn't run uphill. Ms. Peterson stated that we just don't know what the aquifer impacts could be. Ms. Peterson continued that the development could be under construction for ten years and extend into sprawl. Ms. Peterson stated that she is concerned about the increased traffic past the school, park and animal shelter. Ms. Peterson asked that the Council weigh the implications of a resort development in a high profile recreational area and stated that she did not want to see a hilltop ghost town. Brian Ershadi stated that he has been working at Red Rock Elementary School and invited the City Council to stop by and watch the 10:30 AM recess. Mr. Ershadi stated that if after recess the Council is not completely convinced of the aquifer's safety to please not risk our children's safety by approving the annexation. Mr. Ershadi stated that building a house is a very toxic process and that the increased traffic was very worrisome with the elementary school along the path. Mr. Ershadi asked that the Council please come and see the children and to not risk anything unnecessarily. David Adams stated that he lives in town and is concerned about the possible environmental damage to the aquifer as well as the potential damage to recreational opportunities. Mr. Adams stated that a Bureau of Land Management survey found that 95% of recreational off -road vehicle use is at Hell's Revenge which is in the proposed annexation and development area. Mr. Adams stated that he also saw the potential for conflicts with recreational users and residents of the development. Mr. Adams continued that with the current real estate slump, he wondered if all of the units will sell and stated that the proposed development is located across from the dump. Jenna Woodbury stated that she appreciated Lucy Wallingford's six questions and wondered what improvements would be made to the road. Ms. Woodbury stated that she hoped all concerns will be addressed. Kathryn Hunter stated that she lives in Moab and when she thinks of Moab she thinks of desert and grandeur. Ms. Hunter stated that she is very dismayed that the increased development does not take into account what people come here for. I. Soheila Habibi submitted a written comment at the public hearing stating that she is very opposed to the proposed Lionsback development due to the potential environmental impacts, increased traffic, and spiritual concerns, more specifically the sacred beauty that would be destroyed by building a large resort at this location that would be enjoyed by a few people in a place meant for everyone. John Weisheit submitted a written comment at the public hearing stating that he feels the issue is the behavior of SITLA and that it involves land that is environmentally sensitive above our groundwater protection zones. Mr. Weisheit stated that it is polarizing our community, that he expects our leadership to have open meetings with SITLA to find alternatives, and that the motive must be to bring no harm to our community or our wildlife and to preserve our unique and special landscape. PUBLIC HEARING PUBLIC COMMENT CONTINUED August 26, 2008 Page 5 of 7 Tom Kennedy thanked everyone for coming to the meeting and stated that there were passionate people in the Moab community. Mr. Kennedy stated that they are always available to answer questions in detail. Mr. Kennedy continued that the developer would be providing water tanks to accommodate all development storage needs and the tanks will be upsized to accommodate community needs as well. Mr. Kennedy stated that the development will meet aquifer standards. Mr. Kennedy stated that workforce housing was not a requirement but had been included voluntarily as had the Real Estate Transfer Assessment (RETA) which comprises 5% of every real estate sale and will be spent on trails or affordable housing. Mr. Kennedy also stated that open space was important for this development and that the covenants in place would provide enforcement rights. City Manager Metzler stated that the City would be enforcing sole source aquifer zones standards two through four for the development. Mayor Sakrison closed the public hearing at 8:40 PM. Mayor Sakrison recessed for a break at 8:40 PM. Mayor Sakrison reconvened the meeting at 8:45 PM. Councilmember Stucki moved to approve Proposed Ordinance #2008- 15 — An Ordinance Amending Title 17.00, Zoning, to Allow Factory Built Home Sales in the C-4 Commercial Zoning District as a Conditional Use. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve 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. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve 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. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to table Proposed Ordinance #2008-34 — An Ordinance Amending the Official Moab Zoning Map — Red Rock Partners. The motion died for lack of a second. Councilmember Davis moved to approve Proposed Ordinance #2008-34 — An Ordinance Amending the Official Moab Zoning Map — Red Rock Partners. Councilmember Sweeten seconded the motion. The motion failed 2-3 nay with Councilmembers Bailey, Davis and Bauman voting nay. Under discussion regarding a Lighting Ordinance, City Manager Metzler made a brief presentation. Discussion followed. Under discussion regarding City -Owned Properties, City Manager Metzler and staff made a brief presentation. Discussion followed. Under Reading of Correspondence, Mayor Sakrison stated that he had received one negative letter regarding the Bandidos event. Under Administrative Report, City Manager Metzler stated that there would be a Joint City/County Council meeting the following Friday at 11:30 AM. City Manager Metzler continued that she had met with the PUBLIC HEARING PUBLIC COMMENT CONTINUED PUBLIC HEARING CLOSED RECESS RECONVENE PROPOSED ORDINANCE #2008-15, APPROVED PROPOSED ORDINANCE #2008-23, APPROVED PROPOSED ORDINANCE #2008-26, APPROVED MOTION TO TABLE PROPOSED ORDINANCE #2008-34 DIES PROPOSED ORDINANCE #2008-34, FAILED DISCUSSION REGARDING LIGHTING ORDINANCE DISCUSSION REGARDING CITY -OWNED PROPERTIES READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS August 26, 2008 Page 6 of 7 Grand County Special Service Recreation District and that they were moving forward with legal review of the proposed aquatic center agreement. City Manager Metzler stated that City Staff would be making a presentation on affordable housing on local radio station KZMU on Friday at 5:00 PM. City Manager Metzler also stated that staff had been very busy with the Lionsback appeal, that there was a proposal for a dog park in town and that she was drafting a letter to the Spanish Valley Water and Sewer District. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that Councilmember Bailey was a grandfather and that baby Chloe Elizabeth Byrd had arrived safely. Councilmember Bauman stated that there would be a full day Source Water Protection Workshop on September 13, 2008 at the Moab Arts and Recreation Center. Councilmember Sweeten requested to be informed of the zones for all City owned properties. Councilmember Bauman moved to pay the bills against the City of Moab in the amount of $190,121.68. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 9:46 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT August 26, 2008 Page 7 of 7