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