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PKT-CC-2017-04-11
Moab City Council April 11, 2017 Pre -Council Workshop 5:00 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 173 Agenda Page 2 of 173 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, April 11, 2017 at 5:00 p.m. ..........................................•••••••••••••••••••••••••••• 5:00 p.m. 7:00 p.m. SECTION 1: PRE COUNCIL WORKSHOP — Planning Topics with Wilf Summerkorn CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 March 14, 2017 1-2 March 28, 2017 1-3 March 31, 2017 SECTION 2: CITIZENS TO BE HEARD SECTION 3: SECTION 4: PRESENTATIONS 4-1 General Plan Presentation SECTION 5: SECTION 6: PROCLAMATIONS None PUBLIC HEARING (Approximately 7:15 PM) 5-1 Public Input on Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property Located at 435 Riversands Road to the City of Moab SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Moab Arts Festival — May 27 and 28, 2017 1. Approval of Special Business Event License 2. Approval of Special Use of Swanny City Park 3. Approval of a Park Alcohol Permit 4. Approval of a Class IV Special Event Beer License 5. Granting of Local Consent for a Single Event Permit 6-2 Moab Diner — Private Property Vendor Approval of a Private Property Vendor License for Geoff Thomas, d.b.a. Moab Diner, Located at 189 South Main Street to Conduct an outdoor display on April 12 — 13, 2017 6-3 Spitfire Smokehouse — Private Property Vendor Agenda Page 3 of 173 Approval of a Private Property Vendor License for Marlene and Craig Saleeby, d.b.a. Spitfire Smokehouse, Located at 56 West 100 South for a term of April 12 to November 30, 2017 6-4 Moab Nuts & Corn — Private Property Vendor Approval of a Private Property Vendor License for Susie Johnston, d.b.a. Moab Nuts & Corn, Located at 331 North Main Street for a term of April 12 to October 1, 2017 SECTION 7: CONSENT AGENDA 7-1 Approval of a Request to Send Proposed Ordinance #2017-10 — An Ordinance of the Governing Body of Moab Annexing Property Located at 435 Riversands Road to the City of Moab to a Public Hearing on April 11, 2017 at approximately 7:15 PM 7-2 Consideration to Adopt Resolution #25-2017, Approving an Improvements Agreement with the Kayenta Group LLC for the Hyatt Place Project on Property Located in the C-4 General Commercial Zone at 890 North Main Street SECTION 8: OLD BUSINESS 8-1 Third Reading and Possible Approval of Proposed Ordinance 2017-17 — An Ordinance Amending Chapter 5.09 of the Moab Municipal Code Pertaining to the Regulation of Special Events SECTION 9: NEW BUSINESS 9-1 Update on Proposed UTV Speed Limit Ordinance 9-2 Briefing on Sidewalk Repair and ADA Program 9-3 Verbal Update Regarding Interlocal Agreement with Grand County for Joint Funding of a Nexus Study 9-4 Consideration and First Reading of Proposed Ordinance #2017-16 — An Ordinance Amending the City of Moab Municipal Code Sections 13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee Schedule and to schedule a Public Hearing for the Ordinance on April 25, 2017 at 7:15 PM SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: READING OF CORRESPONDENCE SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 173 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING MARCH 14, 2017 Regular Meeting and Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor Dave Sakrison called the Workshop to order at 6:30 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Treasurer Jennie Ross, Public Works Director Patrick Dean, Community Services Director Amy Weiser, City Planner Jeff Reinhart, Arts and Special Events Manager Meg Stewart, and Parks, Recreation, and Trails Director Tif Miller. The Workshop consisted of a discussion of proposed conditions for Agenda Item 8-1, Consideration and Possible Approval of Proposed Resolution #03-2017 — A Resolution Approving a Conditional Use Permit Concerning Housing on the Ground Floor for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone. City Manager Everitt presented each of the proposed conditions, and City Planner Reinhart, City Attorney McAnany, and Community Services Director Amy Weiser answered questions. Regular Meeting Called to Order: Mayor Sakrison called the Regular City Council Meeting to order at 6:57 PM and led the Pledge of Allegiance. Thirty-three members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of February 14, 2017 meetings with corrections. Councilmember Kyle Bailey seconded the motion. The motion carried 5-0, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: Thatcher Vagts of Moonflower Community Cooperative welcomed all to the Grand Opening of the remodeled Moonflower Market. He mentioned that he would like Moonflower's Payment in Lieu of Parking fee to be used for the core downtown business district, and highlighted the desire for safe pedestrian and bicycle traffic that also allows real estate and development to be accessible to small and independent business owners. He commented on parking on 100 North Street and the desire for one -hour parking limits. Proclamation: Mayor Sakrison proclaimed April 2, 2017 as KZMU Community Radio Day in Moab, Utah. KZMU General Manager Marty Durlin thanked the City for its long-term support. Public Hearing: At 7:05 PM Mayor Sakrison opened a public hearing to receive input from the public with respect to the issuance of the Wastewater Revenue Bonds and any potential economic impact to the private sector from the construction of a wastewater treatment plant, together with related improvements to the wastewater system replacement and upgrading of a substation transformer and voltage regulator, and the replacement and upgrading of its distribution system, together with related improvements (the "Project") to be funded by the Bonds. Copies were made available on the City's website and at the Library. Citizen John Darke stated the Library copy was only made available the day prior to the meeting. Mr. Agenda Page 5 of 173 1-1 Approval of Minutes Darke spoke about his concerns regarding the City's transparency regarding the process. It was noted by staff that the hearing was noticed in the newspaper, and that citizens can submit comments for thirty days. Mr. Darke also asked if the project is covered by NEPA (National Environmental Policy Act) and City Attorney McAnany explained that under state permitting rules, a NEPA-like procedure was followed with a determination of no significant impact. Special Events Licenses: Motion and Vote: Councilmember Jones moved to approve a Special Business Event License for the 2017 Cruise Moab to be held May 3-7, 2017. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Motion and Vote: Councilmember Jones moved to approve a special business event license for the First Annual Moab Charter School Color Run to be held May 20, 2017. Councilmember Derasary seconded the motion. Councilmember Derasary brought up her concerns about the environmental impacts and health issues related to the air -borne cornstarch and dyes. Councilmember Derasary then moved to table the motion. Councilmember Ershadi seconded the motion. The motion to table passed 4-1 with Councilmembers Bailey, Knuteson-Boyd, Ershadi, and Derasary voting aye and Councilmember Jones voting nay. Motion and Vote: Councilmember Jones moved to approve a special business event license for the 2017 Moab Easter Jeep Safari Jeep Enthusiast Event held at the Walker Drug Parking Lot on April 9-15, 2017. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Motion and Vote: Councilmember Bailey moved to approve the Special Business Event License for the City -Sponsored Red Rock Arts Festival (formerly Plein Air) to be held October 7-14, 2017. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License for Tina Meyer, doing business as Red Rock Sno Company to Conduct a Hawaiian Shave Ice Business, Located at 83 South Main Street for a term of April 1, 2017 to August 31, 2017. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Consent Agenda: Motion and Vote: Councilmember Knuteson-Boyd moved to approve the following items on the consent agenda. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. 1. A Procurement Exception as Allowed by Moab Municipal Code 2.28.110(B) - State Approved Contracts/ National Joint Powers Alliance (NJPA), For an Equipment Lease with Xerox Corporation for a Copier in an amount not to exceed $13,412.40. 1. Proposed Resolution #21-2017 - A Resolution Amending the Fee Schedule for the City of Moab Recreation Department. Parks, Recreation, and Trails Director Miller stated that a summer Agenda Page 6 of 173 1-1 Approval of Minutes camp for youth is planned. 2. A Request by John Knowles for Use of City Right-of-way at 50 South Main Street to Conduct a Sidewalk Sale March 17 to 19, 2017 3. A Procurement Exception as Allowed by Moab Municipal Code 2.28-110(B) - State Approved Contracts/ National Joint Powers Alliance (NJPA), For an Equipment Purchase with Stalker Radar for Four Radar Units in an amount not to exceed $12,190. Motion and Vote: In a separate vote from the Consent Agenda, Councilmember Ershadi moved to accept the proposal from Hydrologic Systems Analysis, LLC for an Hydrologic and Environmental System Analysis of the Moab Valley Watershed / Aquifer, and Water Source Protection Plan Updates in an amount not to exceed $50,000. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Discussion: Councilmember Jones asked staff Eve Tallman about the techniques and technology to be used for the source protection plans and if they could be more robust than the state guidelines. Tallman suggested this could be negotiated with the proposers, and Mayor Sakrison concurred. Councilmember Ershadi stated that two local water conservation groups support this project. Councilmember Jones asked about the prioritization of the deliverables given the prospects of forming policy regarding water budgets versus water source protection. Councilmember Derasary asked if an update to the Lionsback Drinking Water Source Protection Plan, as an added scope of work beyond the contract, would be done after all the other work. Tallman suggested the water budget takes about a year to complete and the order of the deliverables could be negotiated and the deliverables could likely be done in another order to suit the needs of the City. Old Business: (1:07 on recording) Resolution #03-2017 —Conditional Use Permit Mill Creek Multi family Housing Project — Tabled Motion: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #03-2017 — A Resolution Approving a Conditional Use Permit (CUP) Concerning Housing on the Ground Floor for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone. Councilmember Bailey seconded the motion. Discussion: City Manager David Everitt outlined the following proposed conditions: 1. Applicant shall construct and install 8' solid wood fencing on the north and east property boundaries with landscaping to be reviewed and approved by the City Planner prior to construction, which shall include at a minimum planting with locally adapted shrubs with a mature height of appx. 15' (e.g. Forestiera neomexicana or similar), at a spacing which will create continuous coverage at maturity. Any plants in excess of city minimum requirements need not meet city minimum caliper/pot size, but shall have a 90% survival rate at 1 year from planting. 2. Applicants shall participate in the construction of public improvements as required for Mill Creek Drive in accordance with the future design and construction of the street. 3. Prior to CUP issuance, waste receptacles sufficient for proposed use and located so as to be serviced by city contracted waste hauler shall be located on site plan, without reducing number of parking spaces, and reviewed and approved by the City Planner. 4. Exterior lighting shall (Language for lighting is taken from the joint International Dark -sky Association — Illuminating Engineering Society of North America Model Lighting Agenda Page 7 of 173 1-1 Approval of Minutes Ordinance. Illuminance level based on Light Zone-1; LZ-2 also seems like a reasonable maximum. Language used for managing light trespass is simplified for purposes of this motion, but is not, and has not been for years, best practice for managing offsite impacts.) a. All exterior lighting shall be full cutoff (emit no light above 90 degrees), and be shielded and aimed so that direct glare is not visible from adjacent properties. b. Correlated Color Temperature (CCT) of all lamps shall be <_ 3,000K c. The total installed initial lumens of all outdoor lighting shall not exceed 1.25 lumens per square foot of hardscape. 1. Documentation of this shall be submitted and approved by city staff prior to CUP and building permit, and installation and nighttime performance shall be confirmed prior to issuance of certificate of occupancy. 5. Exterior HVAC equipment shall be located on the sides of buildings away from neighboring properties, and shielded to the extent practicable. 6. Parking utilization study to be done after full occupancy of phase I. If parking is over capacity, phase II parking shall provide code minimum parking for phase II, and additional spaces to bring phase I parking into code minimum. 7. The street frontage improvements for the length of the project boundary on Mill Creek Drive shall be designed and constructed in a manner that is consistent with the design of improvements to be constructed in conjunction with the realignment of the Mill Creek Drive and Highway 191 intersection. The applicant shall submit final design drawings for review and approval by the City Engineer. Councilmember Derasary spoke about the challenges regarding writing conditions and that the Council was provided with conflicting information. She emphasized her concerns regarding the height of the buildings. Councilmember Ershadi and Councilmember Jones both agreed that the height of the buildings is a concern as they impact neighbors' solar access and privacy. City Manager David Everitt asked the developer, Mike Bynum about his concerns. Bynum stated that a further height restriction would decrease occupancy, and would impact the deed -restricted units being offered as a concession to approval. He expressed his awkwardness with negotiating at the Council meeting. He stated he is not in favor of a tall fence but will comply as needed. City Attorney McAnany and City Manager David Everitt clarified that the Council could state conditions for approval or send it back to staff to negotiate conditions regarding fencing and building height. Councilmember Jones stated he would be willing to negotiate lumens. Mayor Sakrison pointed out the CUP regards using the ground floor for residential use rather than commercial (overnight accommodation) use, and the developer could withdraw the CUP and build to standard commercial uses. Mr. Bynum stated he did not understand the proposed traffic study condition, and Councilmember Jones raised concerns about the parking exception granted by the Planning Commission since he has not seen it. Motion to Table and Vote: Councilmember Jones moved to table the motion. Councilmember Derasary seconded the motion. The motion to table passed 3-2 with Councilmembers Jones, Ershadi, and Derasary voting aye and Councilmembers Bailey and Knuteson-Boyd voting nay. Ordinance #2017-07 — Zoning for 61 and 71 South 400 — Not Approved (1:59 on Recording) Motion: Councilmember Ershadi moved to approve Proposed Ordinance #2017-07 — An Ordinance Amending the Zoning for Three Parcels Located at 61 and 71 South 400 East in the R-2, Single and Two- family Residential Zone to R-3 Multi -Family Residential Zone and Amending the Official Zoning Map of the City of Moab, as Referred to City Council by the Planning Commission. Councilmember Bailey seconded the motion. Agenda Page 8 of 173 1-1 Approval of Minutes Discussion: Councilmember Ershadi asked if other alternatives to the upzone had been explored. City Manager Everitt replied that staff and council members are considering a plan that will re-evaluated where Planned Unit Developments (PUDs) are allowed, including minimum size for a PUD. Everitt said a preliminary draft for a code change is being reviewed by the City Attorney. Councilmember Jones restated his earlier opinion that the subject property is surrounded on three sides by the R-2 zone and 400 East creates a buffer to the R-3 zone, so he can't support the motion. Councilmember Knuteson- Boyd stated she'd like to see what happens with the PUD proposal. The applicant, Michelle Blackburn, asked about the proposed timeline for the PUD proposal. City Manager Everitt suggested it could be two to two -and -a -half months for staff to get the proposal to Council. Councilmember Ershadi asked Ms. Blackburn if she was amenable to this proposed solution, and Blackburn stated she was hoping the solution could have been resolved two and a half years ago, and her preferred builder will no longer be available. Vote: The motion failed 1-4 with Councilmember Ershadi voting aye and Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting nay. New Business: (2:05 on recording) Ordinance #2017-04 — Amending C-5 Commercial Zone Adding Bicycle Shops — Not Approved Motion: Councilmember Derasary moved to approve Proposed Ordinance #2017-04 — An Ordinance to Amend Moab Municipal Code Section 17.30.020, Use Requirements, for the C-5, Neighborhood Commercial Zone and an Application for a Code Amendment to Moab Municipal Code Chapter 17.30.020, C-5 Neighborhood Commercial Zone, Use Requirements, Adding Bike (Bicycle) Shops to the Allowed Uses as Referred by the Planning Commission. Councilmember Knuteson-Boyd seconded the motion. Discussion: Initial discussion considered changing the wording from bike shop to bicycle shop to differentiate from motorcycles. Councilmembers Jones and Bailey voiced concerns with bringing tourist services into the residential neighborhood commercial zones. Jones suggested the general plan process may better address this change since he did not agree that a bicycle shop meets the intention of the C-5 zone for neighborhood services. Vote: The motion failed, with Councilmembers Ershadi and Knuteson-Boyd voting aye and Councilmembers Jones, Bailey, and Derasary voting nay. The applicant protested that there was a public hearing conducted by the Planning Commission and no one spoke against the proposed code change. It was clarified that the Planning Commission recommended approval. It was suggested the applicant could appeal the decision of the Council, and it was later stated there is not an appeal process. City Attorney McAnany explained the City Council voted to not expand the range of allowable uses in this zone and it is a broader decision than the particular piece of property in question. The applicant expressed that he felt the process was somewhat arbitrary. City Manager Everitt offered to set up a meeting to discuss the options for the applicant going forward. Resolution #20-2017 —Conditionally Approving the Final Plat for the Dee Subdivision — Approved Motion and Vote: Councilmember Ershadi moved to approve Proposed Resolution #20-2017 — A Resolution Conditionally Approving the Final Plat for the Dee Subdivision, on Property Located in the R-2 Zoning District - Approving a Two -lot Minor Subdivision for Property Located at 810 Mill Creek Drive and Agenda Page 9 of 173 1-1 Approval of Minutes Accepting a Portion of Right -of -Way for Peartree Lane In the R-2 Zone. Councilmember Derasary seconded the motion. Councilmember Jones asked if there were conditions to be included in the approval and the answer was yes. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson- Boyd, Ershadi, and Derasary voting aye. Settlement Agreement with C2 Moab LLC — Approved Councilmember Jones moved to approve a Settlement Agreement and General Release of All Claims by and between the City of Moab and C2 Moab LLC. Councilmember Kyle Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Arts Update: Meg Stewart, Moab Arts and Special Events Manager, presented a brief update on the City's arts initiatives, including expansion of participants in the Art Walk, and highlighted the upcoming Red Rock Arts Festival. Councilmember Jones asked about parking at that event, and Stewart explained the parking plan was being revised as a result of feedback regarding neighbor concerns. Police Department Changes: City Manager Everitt gave a brief update on the police department based on a written report submitted to Council. Everitt mentioned the police department is enforcing street - legal all -terrain vehicle (ATV) rules, including impoundments, tickets, and warnings. Councilmember Bailey asked that the officers be thanked on behalf of the Council. Councilmember Derasary asked about an update on the ATV speed -limit change. Councilmember Ershadi commented on the positive impact of the police department's social media presence. Councilmember Jones asked about an item on the written report regarding dispositions. Mayor Sakrison asked about the ongoing search for a new police chief. City Manager Everitt stated there are more than forty qualified applicants and the interviews will begin the first week of April. Mayor Sakrison asked about the radar equipment approved earlier in the meeting. City Recorder/Assistant City Manager Stenta stated it is new equipment, partially funded by a grant. City Council 2017 Regular Meeting Schedule: Motion and Vote: Councilmember Jones moved to alter the regular meeting schedule for City Council, changing the October 24 meeting to October 17. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Mayor and Council Reports: Mayor Sakrison recapped locally -important legislation from the recent state legislative session. He noted that HB 253 regarding overnight accommodations passed but the language of the bill was softened to allow local jurisdictions to enforce their own zoning codes. He also stated HB 408 failed, regarding exemption from local zoning codes and processes for the State and Institutional Trust Lands Administration (SITLA). Mayor Sakrison mentioned a Resolution such as Salt Lake City has made to address the appreciation of the Outdoor Retailer convention and he suggested the City of Moab may do the same. Councilmember Derasary asked if this is along the same lines as the copious correspondence the City has been receiving regarding keeping public lands in public hands. Agenda Page 10 of 173 1-1 Approval of Minutes Councilmember Jones reported he had attended the solid waste district board meeting and reported that board had adopted a new purchasing policy that drew from the work the City had done to revise the City's purchasing policy. He also spoke about the Planet Reality training he attended with Councilmember Derasary where the City received recognition for the zero -carbon Resolution passed and noted that Councilmember Derasary spoke on a panel. Councilmember Derasary noted the award was presented by former Vice -President Al Gore. Councilmember Derasary stated she attended a Trailmix meeting. Slackliners on the Colorado River pedestrian bridge have been a concern of the County. She also noted an upcoming Science March on Earth Day. Payment of Bills: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $669,457.26. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Executive Session: At 9:23 PM, Councilmember Jones moved to enter a Closed Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual, An Executive Session to Discuss Pending or Reasonably Imminent Litigation, and A Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. At 9:53 PM, Councilmember Bailey moved to end the Executive Session. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 9:53 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel E. Stenta City Recorder Agenda Page 11 of 173 1-1 Approval of Minutes MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING MARCH 28, 2017 Regular Meeting & Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor David Sakrison called the Workshop to order at 6:30 PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Public Works Director Pat Dean, City Treasurer Jennie Ross, Community Services Director Amy Weiser, Planning Director Jeff Reinhart, Planning Assistant Sommar Johnson, and Parks, Recreation, and Trails Director Tif Miller. The Workshop consisted of a discussion of agenda items, including a private property vendor license. Councilmember Knuteson-Boyd mentioned she had discussed the proposed Color Run with a citizen to learn more about possible health threats, and she her concerns were allayed. The dialogue continued with citizen concerns about Utah Department of Transportation (UDOT) matters, including the Main Street speed limit and left turn lights. Also discussed were a proposed ordinance regarding idling semi - trucks, and enforcement of current code prohibiting camping and generators in town. Further discussion surrounded traffic calming measures, and questions about traffic enforcement. City Manager David Everitt provided a brief update on the zoning code revision process and the timeline for updating the general plan. Regular Meeting Called to Order: Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Seventy-one members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the February 11 and 28, 2017 meetings with one correction. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: The following Citizen was heard: Eve Tallman spoke about two upcoming events hosted by the League of Women Voters, including the annual silent auction and a public discussion of the City's Water Conservation Plan on April 10 at 5:15 PM at the County Library. Student of the Month: Mayor Sakrison presented Kalen Bowden with the Mayor's Student Citizenship of the Month Award for March, 2017 for Helen M. Knight School. Mayoral Proclamation: Mayor Sakrison proclaimed April 4, 2017 as National Service Recognition Day in Moab. Presentation: Beth Joseph presented several Civilian Conservation Crews (CCC) crews and Volunteers in Service to America (VISTA) workers who are serving in the Moab area. Presentation: Michael Lundell with the Bureau of Land Management (BLM) presented an update on the Page 1 of 6 Page 12 of 173 March 28, 2017 Agenda 1-2 Approval of Minutes CCC sign that was developed by the BLM to place in Rotary Park. The sign provides historical information on the CCC and its contributions to Moab and surrounding areas. Special Events/Vendors/Beer Licenses: 2017 March for Science - Approved Motion and Vote: Councilmember Jones moved to approve a special event license for the 2017 Southeastern Utah March for Science to be held on Earth Day, April 22, 2017, with conditions. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Moab Charter School Color Run - Approved Motion and Vote: Councilmember Jones moved to approve a Special Business Event License for the First Annual Moab Charter School Color Run to be held May 20th, 2017, with conditions. Councilmember Ershadi seconded the motion. Councilmember Derasary asked about the use of tarps and a power washer to mitigate the impact of the cornstarch dyes. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Food Tank Vendor License — Approved Motion and Vote: Councilmember Ershadi moved to approve a Private Property Vendor License for Helene Rohr, doing business as Food Tank LLC, Located at 239 W Center Street for a term of April 1 , 2017 to April 1, 2018, with conditions. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Hauk Designs LLC Home of River Raider Offroad Vendor License — Approved Motion and Vote: Councilmember Derasary moved to approve a Vendor License for Kenneth N Hauk II, doing business as Hauk Designs LLC Home of River Raider Offroad, located at 301 S Main Street for a term of April 9, 2017 to April 16, 2017. Councilmember Jones seconded the motion. Jones moved to add fourth condition to approval, requiring the vendor to ensure the displayed vehicles are not placed on City sidewalks. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Consent Agenda: (0:58 on recording) Motion and Vote: Councilmember Bailey moved to approve the Consent Agenda with any conditions. Councilmember Jones seconded the motion. Councilmember Derasary asked for a correction of a date and City Recorder/Assistant City Manager Stenta stated the correction had been made. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The following items were approved: 1) A Request for a Donation of Surplus Equipment to the Moab Valley Fire Department, consisting of the City's 1983 CASE Backhoe and a 2009 Dodge Charger. 2) Approval of two Procurement Exceptions as Allowed by Moab Municipal Code 2.28- 110(B) - State Approved Contracts/National Joint Powers Alliance (NJPA), For a Budgeted Equipment Purchase with Semi Service Inc. for a Dump Body not to exceed $8,309.61 and with Ken Garff Ford for a 2017 Ford F350 Truck not to exceed $24,348.71. 3) Approval of an Amplified Music Event at Old City Park on May 13 and 14, 2017. 4) Approval of a Request to Send Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property Located at 435 Riversands Road to the City of Moab to a Public Hearing on April 11, 2017 at approximately 7:15 PM. Page 2 of 6 March 28, 2017 Agenda Page 13 of 173 1-2 Approval of Minutes 5) Approval of Proposed Resolution #22-2017 — A Resolution of The Governing Body of The City of Moab Allowing Found Property Bicycles To Be Donated To Non -Profit Organizations, The Grand County Middle School And The Multi -Cultural Center And Sending All Other Valuable Property To Propertyroom.Com For Disposition. Old Business: (1:00 on recording) Conditional Use Permit for the Mill Creek Multi family Housing Project - Approved Motion and Discussion: Councilmember Knuteson-Boyd moved to adopt Proposed Resolution #03-2017 —A Resolution Approving a Conditional Use Permit (CUP) Concerning Housing on the Ground Floor for the Mill Creek Multi -family Housing Project on Property Located at 1780 East Mill Creek Drive in the C-4, General Commercial Zone with conditions. Councilmember Bailey seconded the motion. Councilmember Derasary asked for clarification about whether there were seven or nine conditions. City Planner Reinhart stated the two conditions recommended by the Planning Commission had already been met: 1. The buildings cannot be located any closer to the property line than currently shown along the northern and eastern boundaries; and 2. The property line on the south side parking area will be adjusted to be part of the development parcel. The remaining seven conditions were included in the Proposed Resolution: 1. Applicants shall participate in the construction of public improvements are required for the Mill Creek Development in accordance with the future design and construction of Mill Creek Drive pursuant to an Improvements Agreement. 2. Applicant shall construct and install a wooden privacy fence at least 6' in height on the north and east property boundaries. 3. Applicant shall submit a revised Landscaping Plan prior to issuance of the building permit compliant with MMC Chapter 17.09.660(1), which shall include screening along the north and east property boundaries with locally adapted shrubs or trees with mature heights of at least 15' at a spacing which will create continuous coverage at maturity. 4. Applicant shall submit a Lighting Plan prior to issuance of the building permit with full cutoff, downward directed and fully shielded exterior lighting that does not reach neighboring properties in compliance with MMC Chapter 17.09.660(H) and 17.09.300. 5. Applicants shall cooperate with the City Planning Department to install warm lamps with a lumen not to exceed lumens per square foot of hardscape to minimize impact on the neighboring properties but also provide safety for residents. 6. Exterior HVAC equipment shall be located on the sides of buildings away from neighboring properties and shielded to the extent possible. 7. The finished elevations shall not exceed 40 feet from final grade, using the building height definition found in MMC Chapter 17.06.020 which states: building height means the vertical distance as measured from the average finished grade of the building line to the midpoint of the highest peak of the roof. Applicant shall record a deed restriction that all rentals must be thirty-one (31) days or longer for a period of fifteen (15) years. Vote: The motion passed 4-1 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Ershadi voting aye and Councilmember Derasary voting nay. Construction Agreement for the new Moab City Wastewater Treatment Plant - Approved Motion and Discussion: Councilmember Bailey moved to authorize the Mayor to sign the contract as proposed between Moab City and Alder Construction for construction of the new wastewater treatment Page 3 of 6 March 28, 2017 Agenda Page 14 of 173 1-2 Approval of Minutes plant in an amount not to exceed $13,086,000. Councilmember Knuteson-Boyd seconded the motion. Discussion: Mayor Sakrison noted the bids were all close in cost so he felt the pre -qualification process and the upfront work done by former City Engineer Phillip Bowman and Bowen Collins was well done. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. UDOT Cooperative Agreement and Club Utah Construction Reimbursement — Approved Motion and Discussion: Councilmember Derasary moved to approve the Cooperative Agreement between the Utah Department of Transportation (UDOT) and the City of Moab, and to approve the Construction Reimbursement Agreement between the City of Moab and Club Utah Resort Group, LLC. Councilmember Knuteson-Boyd seconded the motion. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. City Manager Employment Agreement - Approved Motion and Discussion: Councilmember Jones moved to approve Proposed Resolution #23-2017 —A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the Position of City Manager for a Set Term. Councilmember Knuteson-Boyd seconded the motion. Discussion: Councilmember Derasary asked for an update of the job description, an evaluation of Everitt in six -months' time, and a timeframe for recruitment for the next City Manager. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. New Business: (1:11 on recording) Housing Authority Scope of Work Amendment for Community Development Block Grant — Approved Motion and Discussion: Councilmember Jones moved to approve the request from the Housing Authority of Southeastern Utah (HASU) to Amend the Scope of Work for the Community Development Block Grant Project to pursue the development of an independent senior living project on the Moab Area Partnership for the Moab Area Partnership for Seniors (MAPS) Campus. Councilmember Derasary seconded the motion. Discussion: HASU Director Ben Riley explained the grant was originally for property on Kane Creek Road, which fell through. The new proposal is to develop 13 acres adjacent to the hospital for a senior living facility. City Recorder/Assistant City Manager Stenta asked for a breakdown of expenses that will impact the City in this fiscal year. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Commercial Site Plan Review— Update Discussion: City Attorney McAnany explained the progress on the commercial site plan review process, including staff level approvals, Planning Commission approvals, and Council approvals with the intention of establishing predictability in the review, public input, and decision protocols. McAnany solicited input from Council members in the drafting of the document. Rules of Procedure for Council Meetings - Tabled Discussion: City Manager Everitt read the existing rules. City Attorney McAnany discussed the need to improve clarity regarding requirements for a quorum. Councilmember Bailey asked for further clarification. Councilmembers Derasary and Jones discussed the process of amending motions. Discussion: Councilmember Knuteson-Boyd noted her appreciation of tightening the procedures. Also Page 4 of 6 March 28, 2017 Agenda Page 15 of 173 1-2 Approval of Minutes discussed was the limit testimony to one per citizen, at the discretion of the Chair. It was clarified that the Council does not usually act upon a motion on the same date as a public hearing on the same topic. Motion and Vote: Councilmember Bailey moved to table the discussion of the Resolution Adopting Rules of Procedure for City Council Meetings and Hearings. Councilmember Knuteson-Boyd seconded the motion. The motion to table passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. New Job Descriptions —Approved Motion and Discussion: Councilmember Derasary moved to approve the job descriptions for the Sustainability Director, Communications and Engagement Manager, and Senior Project Manager positions as written with recent amendments to the Sustainability Director position. Councilmember Jones seconded the motion. Discussion: Councilmember Derasary noted other suggestions she had gathered regarding external cooperative roles with other municipalities, organizations, and stakeholders for the Sustainability Director. Councilmember Bailey noted his discomfort with so many senior employees reporting directly to the City Manager. Councilmember Jones noted that additional components regarding Sustainability would fall under the stated job description, in addition to renewable energy and water conservation, as stated in existing City goals. Councilmembers Jones expressed an interest in reviewing the City's organizational chart. Councilmember Ershadi noted newly -implemented measures for accountability, and Councilmember Bailey restated his concern regarding the history of a lack of supervision, accountability, and evaluation. Councilmember Derasary asked if work with diverse populations should be added to the Communications Manager job description. City Manager Everitt also explained that there will be a new position involving internal process improvement. Councilmember Derasary asked about the Safe and Welcoming Cities item and Councilmember Ershadi appreciated the additions of water conservation to the Sustainability Director job. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Payroll and HR Related Services Agreement with ADP — Approved Motion and Discussion: Councilmember Derasary moved to approve a contract with ADP for Payroll and HR Services for an annual fee of $19,030.50 and a one-time setup fee of $2,800. Councilmember Jones seconded the motion. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Council Reports: Mayor Sakrison asked the Council to discuss at the upcoming joint meeting with the County Council the need for the water take-out facility at the Colorado River to reduce the use of culinary water for industrial demands. Councilmember Bailey reviewed the General Plan workshop he attended. He said the turnout was small but the meeting was good. Councilmember Derasary reported she also attended the General Plan workshop and she went to the last County Council meeting because they discussed assured housing versus an overlay. She reported the County moved forward with a voluntary overlay, jointly funding a nexus economic study to provide the legal back that would allow both the County and the City to establish assured housing and inclusionary zoning for housing. Page 5 of 6 March 28, 2017 Agenda Page 16 of 173 1-2 Approval of Minutes Councilmember Ershadi commented that she and Councilmember Derasary met with citizens about protecting the community's most vulnerable residents, specifically immigrants. Councilmember Knuteson-Boyd stated she attended Land Use 101. She also noted she received a letter from a school district mental health specialist and relayed her dismay at the reports regarding the number of children living in sub -standard housing situations. She urged the City to commit to acting to improve affordable housing opportunities. Councilmember Bailey reported that police chief interviews will be held April 3. City Recorder/Assistant City Manager Stenta invited interview questions from the Council for those interviews. City Recorder/Assistant City Manager Stenta reviewed the list of upcoming special council meetings. Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $163,675.37. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. The meeting was adjourned at 8:31 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 6 of 6 March 28, 2017 Agenda Page 17 of 173 1-2 Approval of Minutes MOAB CITY COUNCIL MINUTES -- DRAFT SPECIAL JOINT CITY/COUNTY COUNCIL MEETING MARCH 31, 2017 Special Workshop Meeting & Attendance: The Moab City Council held a Special Joint City/County Council Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.htmI. Meeting Called to Order: County Council Chair Jaylyn Hawks called the meeting to order at 11:35 AM. Ten members of the public and media were present. In attendance were City Councilmembers Heila Ershadi, Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Community Services Director Amy Weiser, and Film Commission Director Bega Metzner. Grand County Councilmembers Mary McGann, Jaylyn Hawks, Chris Baird, Curtis Wells, Evan Clapper, and Greg Halliday were also in attendance, as well as Grand County Community Development Director Zacharia Levine, Grand County Council Administrator Ruth Dillon, and Grand County Clerk Diana Carroll. Ershadi departed at 12:50 PM. Knuteson-Boyd departed at 1:12 PM. The start of the workshop consisted of a discussion of the Film Commission budget. Councilmember Baird suggested a discussion was appropriate since the County and the City share funding for the Film Commission. Councilmember Bailey asked whether San Juan County would also be involved in funding the Commission, and Metzner replied that they would be. Metzner gave a brief summary of recent and upcoming activity regarding the Film Commission's work. Discussion ensued about whether the Film Commission could be funded more significantly by the Transient Room Tax (TRT). Councilmember Jones felt there may be an opportunity to use TRT funds to advertise for an industry -specific purpose such as the film and advertising industries rather than promoting tourism. City Manager Everitt outlined a number of jointly -funded items that could be discussed between the Councils. County Council Administrator Dillon requested clarification about the increased budget to fund a part-time employee. The Workshop continued with a presentation by Grand County Community Development Director Zacharia Levine, who gave an update on the affordable housing initiative and jointly funding an economic study to support assured housing. Councilmember Halliday asked about the number of homes lost from the housing market due to conversion to business use, and Levine, along with City Community Services Director Amy Weiser stated they felt the number was low. Councilmember Wells stated he felt it was an important step to complete a study to support assured housing. Councilmember Jones stated he was interested in the prospect of a jointly funded economic study to support assured housing. Councilmember Bailey asked about whether other communities in Utah were pursuing the concept of changing the impact fees for developers to fund assured housing. Levine stated that there were several in Utah, and over 700 nationwide. Discussion ensued regarding legalities surrounding the prospect. Councilmember Wells brought up his concern that increasing impact fees should not de-incentivize small businesses interested in modest developments. March 31, 2017 Page 1 of 3 Agenda Page 18 of 173 1-3 Approval of Minutes Councilmember Hawks asked about the next step. Levine explained he had drafted a Request for Proposals (RFP), and Councilmember Baird proposed that the funding for the study be shared, if not the actual study. City Manager Everitt stated a simple interlocal agreement would be sufficient to move forward. Councilmember Jones suggested a 50-50 split in the expense. Baird agreed to 50-50 but stated his concern about the $100,000 proposed cost for the study. Levine stated he may be able pare the scope to about $25,000. Wells restated his concern about de-incentivizing development with higher development fees and restrictive codes. Hawks suggested a timeline to move the project forward. The workshop continued with an update on the creation of a Community Reinvestment Area (CRA). Councilmember Baird discussed lands near the proposed Utah State University (USU) campus. Levine outlined the process involved. He explained an agency needs to be created, and next a project area boundary is established, and a budget and plan are then established. An incremental tax is instituted to fund projects, and could be tied to bonds. Baird recommended involving the school district and other taxing entities to determine actual contributions. November 1 is a deadline for approving the project area plan so that the previous year's tax rate is recognized to determine the tax base. Wells spoke about the attractiveness of the incubator program and about the benefits of USU in general. Jones mentioned his concern about assurances that the investment would indeed result in the promised developments. Baird mentioned the timeline of actual construction for the proposed campus. Dillon asked what the next step would be and Baird suggested that an offshoot of the USU advisory board is to put a committee together to suggest that next the agency needs to be established, and the boundary needs to be established as a political subdivision. The next step will be for Steve Hawks (USU-Moab Dean) to call a meeting with the bonding authority, and to decide which entities will participate. McGann asked if a joint effort or separate effort is recommended. Levine stated his advice has been to do it separately. Jones asked for clarification about revenues and Baird explained that the funding mechanism is no longer specifically tied to property tax revenues but could also incorporate sales tax. Jones suggested that the committee could recommend the best entity to oversee the CRA agency. The final topic of the meeting was an update on the economic development initiative. Wells gave an update. He discussed poverty rates, cost of living, employment rates, and the main employers being government entities. He pointed out Senate Bill 267, which is grants a small business tax credit for rural investment. Wells would like to raise Grand County's place on the list, but indicated it is a challenge because Grand County receives revenues from tourism. He pointed out half of Utah's counties have a designated staff to address economic development. He recommends a County -wide point man for economic development. He asked if prior failures were a result of the position or the person. He recapped recent efforts to establish a joint position and Wells, along with McGann, have surveyed local government structures to see where it fits best. Wells went on to explain an upcoming salary survey the County will conduct. He wants to move forward to form a joint committee with the City to initiate this economic development role together. McGann pointed out that the Chamber of Commerce and USU are still on board, and now it is time for the City Council to work on creating a committee to recommend a position or agency. Wells listed concerns regarding oversight, structure, and logistics. Jones volunteered to serve but suggested staff would be good; Everitt stated Amy Weiser, Community Services Director, would likely help. Wells stated the March 31, 2017 Page 2 of 3 Agenda Page 19 of 173 1-3 Approval of Minutes whole point was to create tax revenues and have growth opportunities to invest in. Baird pointed out basic concerns for economic development include affordable housing, higher education, and interfacing private sector efforts with government efforts. Chairperson Hawks requested input from the Councils regarding future agenda items, and Councilmember Bailey suggested Recreation should be an upcoming shared topic to discuss. Adjournment: The meeting was adjourned at 1:21 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder March 31, 2017 Page 3 of 3 Agenda Page 20 of 173 1-3 Approval of Minutes AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 111 2017 Agenda ltem #: 5-1 Title: Public Hearing on Proposed Ordinance #2017-05 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Recorder Applicant: Moab City Background/Summary: This petition for annexation was accepted by the City Council on January 10, 2017. I then certified the annexation on February 6, 2017 and advertised the protest period. The protest period ended on March 6, 2017 and I received confirmation from Grand County that no valid protests were received. The next step in the process is to hold the public hearing to solicit public input on the annexation. Options: No action. Public hearing. Staff Recommendation: Click here to enter text. Recommended Motion: Click here to enter text. Attachment(s): Proposed Ordinance #2017-05 Annexation Petition Notice of Certification Annexation Checklist Agenda Page 21 of 173 5-1 Public Hearing /'Y_JC 11 CN FR JlT S AN\EXAII CN CH32KU ST ITEM DEFAI LS Completed Petition Received Address (adjacent to City Limits) Contact Name Contact Phone # Copy of Petition mailed to County Clerk & PC by applicant Notice of PC Meeting posted on property City Council Acceptance/Denial Notice of Denial Mailed Planning Commission Review Recommended Zone PC Annexation Review Received o% 25% so% 759/0 i00% Certification Date SPA I NFCRMATI CN • Nicholas D. Brown • agoo Pueblo Alto • Santa Fe, NM 87507 • 505-795-5529 Notice of Certification to City Council Notice of Certification to Affected Entities Notice of Certification Published Protest Period Ends Protests Received City Council Agenda to Set Public Hearing Ordinance # Public Hearing Date Ordinance Approval Date Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Annexation mailed to Lt. Governor Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder City Zoning Map Updated 23-Dec-16 435 River Sands Rd. Nicholas D. Brown 505-795-5529 a3-Dec-a6 ao-Jan-i7 n/a g-Feb-a7 R-4 io-Mar-a7 6-Feb-17 6-Feb-a7 6-Feb-a7 02/09 02/16 02/23/2017 6-Mar-a7 No 28-Mar-17 2017-05 la-Apr-a7 J J J J J J J J J J J J J J J J J J J J Agenda Page 22 of 173 5-1 Public Hearing City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PYMT REC`D CITY OF MOAB DEC =3 2016 AAnn -ge c :112514 PETITION FOR ANNEXATION Petition Date: 1 Z j 1 1 l �' Petition Description (Approximate Address): 435 f Ve-t -5Avv;\S Acer-1/4c\ Contact Sponsor Name: Contact Sponsor Mailing Address: Z 61C) �' 1?L''' Q-br o A 1T0 5 a.v. -a, �'e , i� >>� ri S c r7 Contact Sponsor Phone Number: �S Z� We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiplepetitioner petition. Printed Name t. Mailing Address Signature 2. 3. 4. 5. 6. 7. aU aA 'Cr Page 23 of 173 RECEIVE DEC 12 2016 BY: 1 r V .$ 9. 10. * Moab City Code 17.12.150 Moab City -Annexation Petition The territory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through _, which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; 44 N An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; "n-. c) 1'1 VL't, D-RS Copes of notices sent to affected entities; kl A list of affected entities to which notices were sent; Please return this form with attachments to the Moab City Offices with an annexation petition fee* of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. 95;j 1 l(P� 5 � S (-2--�A � m cv.e.,b $ 2 A Qo-cc-ej w",11,�-, ,� E df 35- I ��''^51.:p 15 i g--o-p, �14.5e. t,„pt /1/4,“2-1-7 t Gf-Ce-_a u1-k.\-N cWC�(12-4\ a5-foi.`o,..rj 5”:" a: -A- rL ()c4"`k wb.ck t,.,,"5t.a cwcv�.,t Moz.b <<� loo..n�cs sw a part 6ea.rs 54, ° S4 �inie5+ 6 Ft, 5,2c7;-, t4o bo'' 6C. wit 1��jtg .9 4,�,(lv,.., g� P©rn¢r �� Se��iw. 3S, f L5"$� (2-21 Cis." � ate+ �..�4 n."4L4/p�.,tee A (s 4-1, (5V � 6 �' w a3f 12dD .1 -C+, 4-0 0.- to �•• \ :y., -� G,.�c'1/-�-.+ (/"� �.J co, 10 ate.,ws ' v� 6.5 b� 1v0-411.., $r9 4 rEo,sf t7`7, � �� � 1142.Ac2_ E6, h 4- Z � , -I-° R P ch L �rr-e�-t- Mc C C 6:04.5 72, i 6-t- *2) 5V4-7 trz- 5, 62. a-cf—k.5 _ aDo rD 0- a) cn v c CO fl 5 Page 24 of 173 t4.6(tio De,_( f\f\cA, 6,‘N) C s;s-J-f a-ft \-±o -tom C �. e�e,►C z z G 2_ t� r nic2-12h-sz_ c Ji2r-). 5etA, @-,-S cS, en v-\)\, _62- 5-G-'0.f`-e°'‘'\/- fc„ to � a as Q ). Fo)e-Q_Cv,r� 5V— ekv,3 e � cAo-<„c2. RECEIVEL DEC 12 2016 BY: <7,417 5-1 Public Hearing D C.c2.A,u.re j � �' Page 2�vL� l,6 73 .n�o Ca 1 � c-AX 03-035-0042 ROHR-COOLEY o+ SOUTH QUARTER CORNER SECTION 35, T255, R21E, SLB&M (FOUND MON) LEGEND BROWN-RIVERSANDS ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH LOT 2 HAZLET MINOR SUB. PRESENT CITY LIMITS N 89°54' E 179.6' HOUSE 03-035-0133 NICHOLAS D BROWN New Business - 7-10 x u Y >< ,. S 89°54' W 179.6' .V9ZI 3 .90.00 S I� Agenda Fence Line Edge Of Asphalt Section Comer Monument p Property Comer PRESENT CITY LIMITS S 89'54' W 1675.6' DEER TRAIL TOWNHOMES SUB. BASIS OF BEARING APPROVED BY MOAB CITY MAYOR APPROVED CITY RECORDER APPROVED SOUTHEAST CORNER SECTION 35, T2SS,R21E, SLB&M (FOUND MON) x CIVOIJ SONVS 213/kIb GRAPHIC SCALE 20 0 10 20 1" (INCH) = 20 ' (FEET) Surveyor's Certificate I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504.1 further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. ANNEXATION DESCRIPTION A parcel of land within the Southeast Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54' West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the Southeast corner of Section 35, T25S, R21E, SLB&M and running thence North 00°06' West 126.1 feet to a point on the current Moab City boundary, Thence along the City boundary North 89°54' East 179.6 feet, thence South 00°06' East 126.2 feet to a point on the current Moab City boundary, thence along the City boundary South 89°54' West 179.6 feet to the point of beginning. Contains 22,648 sq. ft. OR 0.52 acres Lucas Blake License No. 7540504 COUNTY SURVEYOR APPROVAL: APPROVED THIS DAY OF 2017A.0.BY COUNTY SURVEYOR COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE FEE COUNTY RECORDER LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35 TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN ANNEXATION MAP 435 RIVER SANDS RD MOAB, UT 84532 1 T enrf Snntrpng 4150 tlome,man Lane Moab. UT e4533 433.2 d°3o4 r Project 170-16 Date 11/29/16 Sheet 1 OF 1 Page 26 of 173 5-1 Public Hearing N OTI CE OF PROPOSED AN N EXATI ON Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex .52 acres, more or less, of property located at approximately 435 River Sands Road, and more particularly described as follows: A parcel of land within the Southeast Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54' West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the Southeast corner of Section 35, T25S, R21E, SLB&M and running thence North 00°06' West 126.1 feet to a point on the current Moab City boundary, Thence along the City boundary North 89°54' East 179.6 feet, thence South 00°06' East 126.2 feet to a point on the current Moab aty boundary, thence along the aty boundary South 89°54' West 179.6 feet to the point of beginning. Contains 22,648 sq. ft. OR 0.52 acres Said petition was received by the Moab City Council on January 10, 2017 and certified by the Moab City Recorder on February 6, 2017 which certification states the petition meets the requirements of Title 10-2-403(2), (3) and (4) of the Utah Code Annotated as follows: 1) That said petition contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that: i. is located within the area proposed for annexation; ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation; b. covers 100% of rural real property as that term is defined in Section 17B-2a-1107 within the area proposed for annexation; c. covers 100% of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) That said petition was accompanied by a copy of the notice sent to affected entities and a list of the affected entities to which notice was sent; 4) If the petition proposes the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located, be accompanied by a copy of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in which the area is located; and Agenda Page 27 of 173 5-1 Public Hearing 5) Designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor; and 6) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; A copy of the complete annexation petition is available for inspection and copying at the office of the Moab City Recorder, 217 East Center Street, Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Moab City may grant the petition and annex the area described in the petition, unless a written protest to the annexation petition is filed with the Grand County Boundary Commission and a copy of the protest delivered to the Moab City Recorder. The protest period will be 30 days from the date of certification and will end on March 6, 2017. Protests may be filed with the Grand County Boundary Commission, c/o Grand County Clerk's Office, 125 E. Center St., Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Protests may be filed with the Boundary Commission by the legislative body or the governing board of an affected entity. Dated this 6th day of February, 2017. /s/ Rachel Stenta City Recorder Published in the TIMES INDEPENDENT February 9, 16 and 23, 2017. Agenda Page 28 of 173 5-1 Public Hearing ORDINANCE #2017- 05 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE BROWN PROPERTY ON NORTH RIVER SANDS ROAD TO THE CITY OF MOAB WHEREAS, on December 23, 2016, the Moab governing body received a petition for annexation of certain property approximately .52 acre in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for development with multi -family residential uses, an allowed use in the requested zoning designation; and WHEREAS, the City Recorder on February 6, 2017, certified that the application complies with applicable law of the State of Utah and the Moab Municipal Code; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on February 9, 2017 to review the annexation and the requested zoning for R-4, Manufactured Housing Residential Zone and found that the zone is acceptable for the types of uses proposed for the area; and WHEREAS, as required by law, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Brown Annexation, as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 435 N. River Sands Road, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be R-4. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS DAY OF , 2017. Ordinance #2017-05 Agenda Page 29 of 173 Page 1 of 4 5-1 Public Hearing ATTEST: Rachel Stenta City Recorder David L. Sakrison Mayor Ordinance #2017-05 Agenda Page 30 of 173 Page 2 of 4 5-1 Public Hearing EXHIBIT # 1 A parcel of land within the SE 1/4 of Section 35, T25 South, range 21 East, SLBM, Grand County, Utah being more particularly described as follows: Beginning at a point which is on the current Moab City boundary said point bears South 89°54'West 1675.6 feet along the section line and North 00°06' West 148.9 feet from the southeast corner of Section 35,T25S, R21E, SLB&M and running thence North 00° 06' West 126.1 feet to a point on the current Moab City boundary, Thence along the city boundary North 89 54' East 179.6 feet, thence south 00° 06' East 126.1 feet to a point on the current Moab City boundary South 89°54' West 179.6 feet to the point of beginning. Ordinance #2017-05 Agenda Page 31 of 173 Page 3 of 4 5-1 Public Hearing ��A 1 '