HomeMy Public PortalAboutMIN-CC-2017-03-14MOAB CITY COUNCIL MINUTES
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.
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.
2. 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 camp for
youth is planned.
3. 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
4. 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
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.
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.
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.
After the Council had moved to the next agenda item, the applicant of Proposed Ordinance #2017-04,
Pat Scherer, requested to be recognized by the Mayor and after recognized he stated 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
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.
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 Climate Reality Project 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