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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