HomeMy Public PortalAboutMIN-CC-2017-02-28MOAB CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 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 Pro-Tem Tawny Knuteson-Boyd called the Workshop to order at 6:33 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, City Engineer Phillip Bowman, 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 questions and discussion between Council and staff. Councilmember Jones
asked City Engineer Bowman about the bidding process to retain the services of the Waste Water
Treatment Plant engineering firm. City Manager David Everitt stated he will apprise the Council about
the City's infrastructure planning efforts as they relate to the City's ten-year plan, as well as for the
upcoming budget planning process. The budget amendment was briefly discussed, and Everitt
mentioned that the proposed hydrology study and drinking water source protection plan updates are
requested to be added into the budget amendment. City Engineer Bowman answered questions about
the proposed Community Impact Fund Board (CIB) project priority list, including drainage improvements
on north Highway 191 and in Spanish Valley.
Councilmember Jones asked about vendor applications and available parking. City Recorder/Assistant
City Manager Stenta stated that staff did a parking analysis for the popular Main Street vendor locations
in the past, and will do another one next year.
City Manager David Everitt touched on the code revision process. Councilmember Jones asked about the
prioritization process for the revision process.
Councilmember Jones mentioned a memorandum he sent to other Council members earlier in the day
about the Conditional Use Permit (CUP) proposed for the evening's agenda.
Regular Meeting Called to Order: Mayor Pro Tem Knuteson-Boyd called the Regular City Council
Meeting to order at 6:58 PM and led the Pledge of Allegiance. Sixty-eight members of the public and
media were present.
Approval of Minutes: Councilmember Derasary moved to approve the minutes of the February 1 and 8,
2017 meetings. Councilmember Ershadi 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 Citizens were heard:
Grand County citizen Floyd Dean spoke about the location of the proposed water tank in Spanish Valley
and requested that the Council reconsider moving the proposed tank location 750 feet to the north.
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Moab City citizen Christina Sloan spoke about Utah House Bill 253 that would limit the City's ability
regarding limiting short term rentals in residential zones.
Student of the Month: Mayor Pro-Tem Knuteson-Boyd presented Aiden Gordon with the Mayor's
Student Citizenship of the Month Award for February, 2017 for Helen M. Knight School.
Special Events Licenses:
Moab Farmers' Market - Approved
Motion and Vote: Councilmember Ershadi moved to approve licenses and permits for the Moab
Farmers' Market to be held on selected Friday evenings from May through October, 2017 at Swanny
City Park as follows: 1) Special Business Event License; 2) Park Use Permit for Swanny City Park; 3) A
License Fee waiver not to exceed $290 and a Park Use Fee waiver of $35 per week for the duration of
the event.
Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Moab Free Concert Series - Approved
Motion and Vote: Councilmember Derasary moved to approve licenses and permits for the Moab Free
Concert Series to be held on selected Friday evenings in July, 2017 at Swanny City Park as follows:. 1)
Special Business Event License; 2) Park Use Permit for Swanny City Park; 3) A License Fee waiver not to
exceed $290 and a Park Use Fee waiver of $35 per week for the duration of the event; 4) Granting of a
Local Consent for a Single Event Permit with the state of Utah; 5) Approval of a Park Alcohol Permit for
Swanny City Park; 6) Approval of a Class IV Beer License. Councilmember Jones seconded the motion.
Applicant Melissa Schmaedick commented on the music events and the Farmers' Market moving to
Friday evenings. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye.
Skinny Tire Festival - Approved
Motion and Vote: Councilmember Bailey moved to approve a Special Business Event License for the
Skinny Tire Festival to be held March 11 to 14, 2017. Councilmember Jones seconded the motion. The
motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting
aye.
Moab Cowboy Country Off Road Adventures - Approved
Motion and Vote: Councilmember Jones moved to approve a Vendor License for Christine and Kent
Green, doing business as Moab Cowboy Country Off Road Adventures, located at 83 South Main Street
for a term of March 1, 2017 to February 28, 2018. Councilmember Bailey seconded the motion. The
motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting
aye.
Yummytown LLC - Approved
Motion and Vote: Councilmember Ershadi moved to approve a Vendor License for Joelle Riddle and
Max Schon, doing business as Yummytown LLC, located at 83 South Main Street for a term of April 1,
2017 to December 31, 2017 and February 1, 2018 to March 31, 2018. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye.
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New Business:
Resolution #14-2017 - Lionsback Zoning Status Agreement - Approved 47:12
Under Discussion, Consideration and Possible Approval of Proposed Resolution #14-2017 — A Resolution
Approving a Zoning Status Agreement for the Lionsback Resort. Legal Counsel John Andrews for the
School and Institutional Trust Administration (SITLA) discussed topics related to the agenda item and the
disputes between SITLA and the City regarding the Zoning Status Agreement.
Discussion: Councilmember Derasary asked about the number of parking spaces for the development.
Councilmember Ershadi asked about the open space requirement in light of comments received from
Jeff Adams of the Canyonlands Watershed Council about different interpretations for calculating open
space. City Attorney McAnany asked if the revision would be reviewed by staff to ensure the
development meets compliance for the Sensitive Area Resort (SAR) zone. Councilmember Derasary
asked about maximum occupancy and Planner Reinhart stated the number would be fluid. City Manager
David Everitt mentioned that the factors being inquired about were not on the agenda. City Attorney
McAnany pointed out that what is at issue is whether the requested changes are major or minor, and he
illustrated the factors under consideration. Councilmember Ershadi asked if the zoning status agreement
is approved, would SITLA withdraw; the answer from John Andrews was they would not.
Councilmember Ershadi also asked about the timeline for traffic studies and stated her concern about
traffic during the construction phase and the first six months after occupancy before a new traffic study
is done. Councilmember Ershadi then asked about the quality and quantity of water, and whether the
development could harm the City's water supply. Andrews stated the 2010 Drinking Water Source
Protection Plan previously approved by the City outlines mitigation to threats to drinking water quality.
Councilmember Ershadi also asked if changes to the Drinking Water Source Protection Plan could be
implemented if the agreement is approved. City Attorney McAnany explained that new data is always
helpful and could inform future decisions but it is not germane to this decision point; McAnany stated
the Water Protection Plan could and should be updated, and new requirements can be enacted by
agreement.
Motion and Discussion: Councilmember Jones moved to approve Proposed Resolution #14-2017 - A
Resolution Approving a Zoning Status Agreement For the Lionsback Resort. Councilmember Bailey
seconded the motion. Councilmember Jones stated his support after researching the proposal.
Councilmember Bailey stated he would vote no, and added he also voted no in 2008. Councilmember
Derasary stated she did not support the suggestion that amendments constituted a minor change.
Councilmember Ershadi stated her appreciation for all the effort, and she had to support the motion as
the pragmatic choice. Councilmember Derasary noted that the pragmatic thing to do would be for SITLA
to work with the City, within the code. Councilmember Bailey stated that he felt prior City management
fostered this process. City Manager David Everitt pointed out that SITLA has the right to withdraw from
working with the City.
Vote: The motion passed with Councilmembers, Jones, Knuteson-Boyd, and Ershadi voting aye. After the
vote, Councilmember Ershadi wanted to change her vote and City Attorney McAnany stated it may be
possible at a future meeting pending legal review.
Climate Reality Project - Approved
Motion and Vote: Councilmember Derasary moved to approve a Committed Partnership Letter
Agreement between the City of Moab and The Climate Reality Project. Councilmember Jones seconded
the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and
Derasary voting aye.
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Ordinance #2017-07 - Zoning for 61 and 71 South 400 East - Tabled 1:49
Motion and Vote: 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
Derasary seconded the motion.
Discussion: City Planner Reinhart presented an overview of the zoning change request. Councilmember
Bailey asked for clarification that the property in question equals 1.81 acres. Planner Reinhart confirmed
that is does. Councilmember Derasary asked if the reason for the proposed up -zone was to create more
density. Applicant Michelle Blackburn spoke about the reasons for the change in the zone.
Councilmember Ershadi stated that it appears to be a fair request for a rezone. Councilmember Jones
stated he did not support the rezone because it is incompatible with the surrounding neighborhood and
that 400 East creates a buffer between the zones. Councilmember Bailey asked City Planner Reinhart
about the Planning Commission's view of the future of 400 East or if the requests are being considered
piecemeal. Councilmember Bailey stated his desire for a more comprehensive view within the context of
the revisions to the General Plan. Councilmember Ershadi stated her support of increased density
downtown. Councilmember Jones stated he was not willing to adopt an up -zone before the new zoning
plan was adopted. Councilmember Jones stated there is no guarantee that an R-3 designation with this
property would go in the direction promised. City Attorney McAnany and City Manager Everitt discussed
Council concerns that could be discussed in the coming weeks if the Council needed more time.
Motion to Table and Vote: Councilmember Derasary moved to table the motion pending legal review.
Councilmember Bailey seconded the motion to table. The motion to table passed 3-2 with
Councilmembers Bailey, Knuteson-Boyd, and Derasary voting aye and Councilmembers Ershadi and
Jones voting nay.
Communities that Care —Approved 2:17
Motion and Vote: Councilmember Derasary moved to approve a Memorandum of Understanding
between the City of Moab and Moab Regional Hospital Regarding Communities that Care.
Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones,
Knuteson-Boyd, Ershadi, and Derasary voting aye.
Golf Course Lease — No Action
Discussion: The Council discussed the Golf Course Lease Agreement. City Manager David Everitt stated
the lease on the City's land has expired. Ross Tabberer from the Moab Country Club Board and Rob
Jones, Golf Pro, presented a state -of -the -golf -course report. They discussed the need for a replacement
of the irrigation system, which will cost in excess of one million dollars. City Manager David Everitt
suggested that when the City considers renewing the lease, terms or funding mechanisms could be
considered to assist with the irrigation project. Councilmember Bailey mentioned the good stewardship
of the Course, yet he would like to see a management plan, specifically regarding environmental impacts
on the aquifer and irrigation, in the new lease language. Bailey suggested the Community Impact Fund
Board (CIB) may be an option for funding this irrigation project, with the Mayor's input.
Resolution #03-2017 Conditional Use Permit Mill Creek Multi family Housing Project — Tabled 2:50
Motion: Councilmember Jones moved to approve Proposed Resolution #03-2017 — A Resolution
Approving a Conditional Use Permit Concerning Housing on the Ground Floor for the Mill Creek
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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.
Discussion: Councilmember Ershadi suggested tabling the motion until March 14. Councilmember
Derasary asked about how other Councils develop conditions for Conditional Use Permits (CUPs). City
Attorney McAnany explained that suggestions usually come from staff. At Councilmember Knuteson-
Body's request, he also outlined the proposed conditions, which involved setback from neighboring
residences, fencing, berm, landscaping, waste receptacles, exterior lighting, window coverings, HVAC
noise, and building height. Christina Sloan, attorney for the developer, stated neither she nor her client
had seen the proposed conditions. The developer expressed his disappointment about further delay but
stated he is willing to wait. Councilmember Bailey suggested tabling the motion. City Manager Everitt
suggested getting questions and feedback within forty-eight fours, so that there could be a sense of the
Council's approach to the conditions prior to scheduling it for consideration on March 14.
Motion to Table and Vote: Councilmember Bailey moved to table the consideration of the motion to
approve. Councilmember Jones seconded the motion. The motion to table passed 5-0 with
Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye.
Resolution #06-2017 Amending the Budget - Approved
Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #06-2017 —
Amending the Fiscal Year 2016-2017 Annual Budget with amendments outlined in the Council packet as
well as an additional $50,000 for a water budget project. Councilmember Jones seconded the motion.
The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting
aye.
Ordinance #2017-09 Creating the Water Conservation and Drought Management Advisory Board -
Approved
Motion: Councilmember Ershadi moved to approve Proposed Ordinance #2017-09 — An Ordinance
creating the Moab City Water Conservation and Drought Management Advisory Board. Councilmember
Derasary seconded the motion.
Discussion: Discussion ensued about the cross -over between the Moab Area Watershed Council and this
proposed board. City Manager David Everitt mentioned the Mayor's wish to have a diverse
representation of the community, and Recorder Assistant Eve Tallman added that this board is
established by ordinance to advise the Council on matters of budget, proposed policy, code, and
initiatives.
Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary
voting aye.
Consent Agenda:
Motion and Vote: Councilmember Bailey moved to approve the Consent Agenda. Councilmember
Ershadi seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-
Boyd, Ershadi, and Derasary voting aye. The following items were approved:
1) Moab Municipal Code 2.28-110(B) - State Approved Contracts/NJPA, For an Equipment Lease
with Xerox Corporation for a Copier in an amount not to exceed $21,539.40;
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2) A Sovereign Lands Permit through the Division of Forestry, Fire & State Lands to Moab City;
3) Proposed Resolution #10-2017 - A Resolution Approving an Improvements Agreement for the
Buen Camino Boundary Line Adjustment Located at 459 and 469 Bowen Circle in the R-2, Single
and Two -Family Residential Zone;
4) Proposed Resolution #16-2017 — A Resolution Conditionally Approving the Final Plat for the
Valley View Subdivision, Phase II, on Property Located in the R-2 Zoning District;
5) Task Order #17-04 with Bowen Collins & Associates, Inc. accepting the Scope of Work for the
Sanitary Sewer Master Plan project with a fee amount not to exceed $79,800;
6) Task Order #17-05 with Bowen Collins & Associates, Inc. accepting the Scope of Work for the
Moab Water Reclamation Facility Materials Testing project with a fee amount not to exceed
$40,888;
7) Task Order #380.09.100 with Hansen, Allen and Luce, Inc. accepting the Scope of Work for the
Water Distribution and Storage Master Plan project with a fee amount not to exceed $68,000.;
8) Change Order #1 with Applied Geotechnical Engineering Consultants, Inc. accepting the
additional scope of work for Geotechnical Consulting and Materials Testing Services at the WRF
project with a fee amount not to exceed $15,500;
9) Proposed Resolution #19-2017 — A Resolution Approving the City of Moab 2017-2018
Permanent Community Impact Fund Board (CIB) Comprehensive Projects List. Infrastructure
improvements to the Moab Golf Club were added to the list as an amendment;
10) Proposed Resolution #17-2017 — A Resolution Approving the Improvements Agreement for the
Final Plat of Phase II of Valley View Subdivision on Property Located in the R-2 Zoning District.
Council Reports: Councilmember Knuteson-Boyd and other Council members thanked Phillip Bowman
for his service as City Engineer. Councilmember Jones reported that he took a night tour of the City with
graduate students for a night sky project. Councilmember Ershadi planned to attend the public meeting
for the new affordable housing plan. Councilmember Derasary attended the ribbon cutting for the City
Center's solar panels, and highlighted other meetings she attended.
Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the
City of Moab in the amount of $666,850.41. 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 10:00 PM, Councilmember Derasary moved to enter an Executive Closed Session
to Discuss Pending or Reasonably Imminent Litigation and a Strategy Session to Discuss the Purchase,
Exchange, or Lease of Real Property. Councilmember Jones seconded the motion. The motion passed 5-
0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye.
The Executive Closed Session was entered into at 10:02 PM.
Councilmember Bailey made a motion to end the Executive Closed Session and enter into open session.
Councilmember Jones seconded the motion. The motion carried 5-0 aye.
The Executive Closed Session ended at 10:46 PM.
Adjournment: Councilmember Bailey moved to adjourn the meeting. 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 10:47 PM.
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APPROVED: ATTEST:
David L. Sakrison, Mayor Rachel E. Stenta, City Recorder
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