HomeMy Public PortalAboutMIN-CC-2017-01-10MOAB CITY COUNCIL MINUTES
REGULAR MEETING
January 10, 2017
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.
Mayor Dave Sakrison called the Workshop to order at 5:02 PM. In
attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny
Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were
Interim City Manager David Everitt, City Recorder/Assistant City
Manager Rachel Stenta, City Attorney Chris McAnany, Public Works
Director Pat Dean, Community Services Director Amy Weiser, City
Engineer Phillip Bowman, Planning Director Jeff Reinhart, Zoning
Administrator/Planning Assistant Sommar Johnson, Treasurer Jennie
Ross, Interim Police Chief Steve Ross, and Parks, Recreation and Trails
Director Tif Miller.
The Workshop started with a Presentation on Conditional Use
Permitting by Brent Bateman of the Land Use Academy of Utah. He
briefed the Council on land use law as it relates to conditional use
permits related to the Planning code.
The Workshop continued with a Climate Action Briefing, presented by
Luke Cartin of Park City and Tyler Poulson of Salt Lake City. The
presenters discussed renewable energy goals and specific municipal
techniques to achieve net zero energy consumption, through solar
installations and energy conservation.
Resident Mike Bassett asked about Rocky Mountain Power's recent
attempt to change the pricing structure for residential rooftop solar net
metering. The presenters suggested that the great deal of public interest
in this proposed change will ensure an equitable solution.
Councilmember Jones asked about the potential for residential
customers to integrate new battery storage technology into rooftop
systems.
Councilmembers Jones and Derasary indicated they would like to pursue
January 10, 2017
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REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
a resolution to aim toward net zero energy consumption for the City.
Other council members assented, with Councilmember Ershadi asking
for an analysis of costs and benefits.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Approximately 85 (eighty-five)
members of the public and media were present.
Councilmember Derasary moved to approve the minutes of the
December 13, 2016 meeting with one correction. Councilmember
Ershadi seconded the motion. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd
voting aye.
The following Citizens were heard:
Bill Love spoke about the Lionsback development and stated that it was
the developer, not the School and Institutional Trust Lands
Administration (SITLA), which agreed in the Pre -Annexation Agreement
to follow local land use code. He also suggested to the Council that they
should pursue a contract with SITLA to ensure that agency will adhere to
Moab's land use code.
Rebecca Foster spoke about semi -trucks idling on the north corridor of
Highway 191. She described the noise nuisance and the overnight
camping violations of these trucks. She urged the City to enforce the
associated codes.
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Three new police officers were sworn in: Richard Allred, Brent Jones and SWEARING -IN CEREMONY
Aaron Woodard.
At 7:15 PM Mayor Sakrison opened a public hearing to Solicit Public
Input related to Resolution #03-2017 on a Conditional Use Permit for
Dwellings on the Ground Floor in the C-4 Zone for Property Located at
1600 Mill Creek Drive. Copies are available on the City's website and at
the Library.
Six (6) citizens and two representatives of the developer spoke:
Sharon Brussell spoke on several topics related to the proposed density,
adverse change of zoning to C-4, impact of proposed building proximity
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PUBLIC HEARING
to neighbors, lack of adequate notice for neighbors, impact on local
traffic, lack of adequate parking for the proposed development, and lack
of an updated Master Plan to guide developments such as this one.
Robyn Johnson stated she was opposed to dwellings on the ground floor.
Jon Moore is an adjacent homeowner and stated he was not notified,
and learned the developer provided the list of adjacent property owners
to the City and he was not included on that list. He stated his solar
panels will be shaded by the proposed development. He indicated he is
against ground floor dwellings.
Michael Toninelli spoke about the lack of a public hearing for the
concerns of adjacent homeowners. He feels the proposed use is not
compatible with the rural residential neighborhood. He is concerned
about traffic on the unimproved road and recommends a traffic study.
He is against ground floor dwellings.
Debbie Hawks is a neighbor and is against the ground -floor dwellings.
She suggested the first plan was better.
Jill Fletcher is opposed to the ground -floor dwellings and does not feel
these units will be affordable housing.
Developer Mike Bynum and Attorney Christina Sloan spoke. He spoke
about gentrifying the 100 West neighborhood where he razed a trailer
court and built a hotel and included employee housing there. Bynum
stated he changed the proposed design for this development to relocate
two of the proposed buildings so there is more open space and stated he
would construct a privacy fence. He stated he is open to deed
restrictions on twenty percent of the units for affordable housing. He
stated he intends to offer to local employers reserved housing for
employees at reduced rates, specifically the School District, Hospital, and
Police Department. He added local employers may reserve up to three
units per building if they would care to. He stated federal affordable
housing guidelines are "horrendous."
Attorney Sloan stated that "growth hurts" and this proposed
development is across from the proposed future Utah State University
(USU) campus. She spoke against introducing duplexes in this project
January 10, 2017
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because second home owners would buy those. She stated this project is
appropriate per current code. She reiterated that the owner is
volunteering to deed restrict twenty percent of the units for affordable
housing, which is not required in the current code. She suggests that the
public support a code revision.
Sloan addressed some citizen comments about the timeline for the
development, which had its first Planning approval in 2015. She also
stated some buildings in the plan have been moved away from the
property line and a neighbor's house. She clarified that the developer is
not asking for more density than is allowed by code and the parking is in
accordance with code. She also stated that if the ground -floor residential
conditional use permit is not granted, the alternative would be ground -
floor commercial overnight accommodations.
The Public Hearing was closed at 8:00 PM. Mayor Sakrison stated written
comments will be welcomed for the next two weeks.
Zacharia Levine, Grand County Community Development Director, made
a presentation of a draft Moab Area Affordable Housing Plan. He stated
the document that accompanied his presentation may be found online
at moabhousingplan.com, and, along with moabhousing.com, may be
helpful to residents interested in the topic. He spoke about low local
wages (lowest household income for any county in the State of Utah),
and that about one-third of dwellings are not used as primary
residences, and that this percentage is on the rise. He mentioned rising
real estate prices, and he stated that policy surrounding long-term
affordability for Moab's workforce should be a priority for the governing
body. He introduced a housing needs projection, and emphasized the
need for economic development and reiterated that housing should be
considered to be a part of community and economic development. He
stated that in 2015, the median price for a home in Grand County was
$290,000 and the average price was $351,000.
Councilmember Ershadi indicated she looks forward to getting some
specific policies the Council can vote on. Councilmember Derasary
praised the plan and appreciated the information about what local
residents can realistically afford for housing, and what the housing need
projections look like. Derasary asked what the next step is for the
Council to move forward. Levine pointed out that the last plan was
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AFFORDABLE HOUSING
PRESENTATION
adopted by the City Council. He stated this affordable housing plan
update will be a part of the County's general plan amendment process.
He said the County's next step will be to host a public workshop and
hold public hearings before adoption.
Under Community Services Update, Community Services Director
Weiser explained that, with regard to the Affordable Housing Plan, there
will be a public hearing, the Planning Commission will approve it, and
then the City Council will adopt it as part of the General Plan. She also
reported that Bega Metzner has been named Director of the Moab Film
Commission. Mayor Sakrison asked about instituting a 15 mile per hour
speed limit for off -road vehicles. Weiser said the staff is working on it.
City Engineer Phillip Bowman reported on the Engineering Department
Update. Highlights included preparation of bid documents for general
contractors for the Water Reclamation Facility, to be due on February 2.
Site prep for the Water Reclamation Facility is moving along.
Public Works Director Patrick Dean reported. Highlights included an
update that the Waste Water Treatment Plant testing levels are all
within acceptable levels. With regard to streets and roads, he said
patching, plowing, and, in the Spring, resurfacing roads and restriping,
are all being planned. Dean invited the public to take mulch from the
City shop yard. New solar panels are in operation. He said he is working
on a job description for a new safety officer. Councilmember Derasary
asked about the timeline for striping and Dean stated all will be
completed by July 1.
Under Recreation and Trails Department, Recreation and Trails Director
Tif Miller discussed some fallen tiles in the gym and crews are mitigating
that. New playground equipment is being installed at Swanny Park. A
window replacement project is underway for the MARC and Gym.
Software for sports sign up is coming online. Signage and trees are being
installed. Miller also presented a written report about Bridges and Trails.
Councilmember Derasary noted that Miller was elected vice president of
Trail Mix.
Under Recorder and Human Resources Report, City Recorder/Assistant
City Manager Stenta mentioned the Recorder's office has been working
on Government Records and Management Act (GRAMA) requests. She
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DEPARTMENTAL UPDATES
stated the budget opening is coming up; departments are working on
their requests. A new payroll time -keeping system will be installed in the
next week. Stenta also stated that with so many new department heads
and employees, many policies and processes are being considered for
updates.
Under Treasurer Report, City Treasurer Ross noted that utility bills were
sent out. Billing statements include a request that customers fix leaks to
lower their water and sewer fees.
Interim City Manager David Everitt reported that he needed to set the
date for the Council retreat, and it was agreed to meet 9:00 AM till 2:00
PM on Saturday February 11. The next Council meeting is set for January
23rd instead of the 24th because of the Council's trip to the State Capitol.
The SITLA Lionsback workshop is scheduled for the February 14 City
Council meeting.
Councilmember Derasary moved to adopt Resolution #01-2017 and
approve the lot line adjustment as submitted by Colin Topper for 600
and 610 Dragonfly Trail. Councilmember Ershadi seconded the motion.
Councilmember Jones recused himself from the discussion and vote. The
motion carried 4-0 aye, with Councilmembers Bailey, Ershadi, Derasary,
and Knuteson-Boyd voting aye.
Councilmember Derasary moved to adopt Resolution #02-2017 and
approve the lot line adjustment as submitted for a Boundary Line
Adjustment for Lots 1 and 2 of the Roufa Subdivision. Councilmember
Jones seconded the motion. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd
voting aye.
Councilmember Knuteson-Boyd moved to accept a Petition for
Annexation by Nicholas Brown located at approximately 435 Riversands
Road. Councilmember Derasary seconded the motion. The motion
carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary,
and Knuteson-Boyd voting aye.
City Planner Jeff Reinhart briefed the Council on a conditional use
permit for dwellings on the ground floor in the C-4 zone for Property
located at 1600 Mill Creek Drive. Reinhart explained the planning
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NEW BUSINESS
RESOLUTION #01-2017
LOT LINE ADJUSTMENT,
APPROVED
RESOLUTION #02-2017
LOT LINE ADJUSTMENT,
APPROVED
PETITION FOR ANNEXATION,
ACCEPTED
CONDITIONAL USE PERMIT
BRIEFING
commission recommends approval of the conditional use permit with
conditions. Councilmember Ershadi asked about the total number of
deed -restricted (affordable housing) units proposed. Councilmember
Jones asked about the proposed daycare and also about parking
requirements for the daycare. It was explained that the intention was
for the daycare to be for residents. Jones also asked about how common
it is to adjust property lines in these subdivisions. Planning Commission
member Wayne Hoskisson stated that the planning commission's
recommended condition required the lot line change. Councilmember
Ershadi brought up the neighbor's request that a drainage plan be
completed. She requested that it be sent to Council. Councilmember
Jones asked about the number of units and ensuring adequate parking.
Councilmember Ershadi brought up that she wanted a traffic study
completed before a permit is issued. City Attorney McAnany discussed
the traffic study. Mayor Sakrison brought up the option of not approving
residential use on the ground floor; it was suggested that the alternative
is overnight accommodations, and Councilmember Jones asked if that
would require more parking spaces. Interim City Manager David Everitt
brought up the alternatives to the conditional use permit.
Councilmember Ershadi suggested conversation should ensue about
what is ideal for this project rather than what is allowable or not
allowed under current zoning codes. Councilmember Derasary asked
about how to go forward in the future with an interface between the
rural residential zone and C-4. City Planner Reinhart replied that the C-4
zone seemed most flexible at the time that it was annexed into the City.
Councilmember Derasary asked about liability if residents aren't notified
if they should be. City Attorney McAnany couldn't comment on whether
proper notifications were made.
Councilmember Ershadi moved to table the contract with Parr Brown
Gee and Loveless to provide specialized employment -related legal
services for the City of Moab. Councilmember Jones seconded the
motion. Councilmember Ershadi suggested that a staff attorney may be
more affordable than contracted legal services. She also asked about the
review of the law firm proposals; Interim City Manager David Everitt
stated that he vetted the firms. Councilmember Derasary stated she felt
the firms appear to be fairly equal on paper. Councilmember Jones
noted that one of the firms seemed heavy on the prosecutorial
experience and wondered about the advantage of this. Councilmember
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LEGAL SERVICES CONTRACT,
TABLED
Jones seconded the motion. The motion carried 5-0 with
Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd
voting to table the motion.
Councilmember Jones moved to approve a Purchasing Exception to Parr,
Brown, Gee and Loveless for Employment Legal Services in an amount
not to exceed $65,481.98. Councilmember Knuteson-Boyd seconded the
motion. Councilmember Ershadi stated she felt she did not have enough
information to approve the payment. Other councilmembers expressed
that the invoice must be honored. The motion carried 4-1, with
Councilmembers Bailey, Jones, Derasary, and Knuteson-Boyd voting aye
and Councilmember Ershadi voting nay.
Councilmember Jones moved to approve the Utah Division of Parks and
Recreation Fiscal Assistance Agreement for a Recreational Trails
Program (RTP) Grant. Councilmember Bailey seconded the motion.
Recreation and Trails Director Tif Miller explained the locations of the
work to be done. The motion carried 5-0 aye, with Councilmembers
Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd voting aye.
Councilmember Bailey moved to approve a Procurement Exception as
Allowed by Moab Municipal Code 2.28-110(B) - State Approved
Contracts for a Police Vehicle Lease (four vehicles) with Larry H. Miller
Ford in an amount not to exceed $51,988.00 annually for a term of
three years. Councilmember Derasary seconded the motion. Sergeant
Bret Edge explained the analysis he did comparing purchase versus
lease. Mayor Sakrison praised his work. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd
voting aye.
Councilmember Jones moved to approve Change Order #1 with Harrison
Field Services for the Water Reclamation Facility (WRF) Site Preparation
Project in the amount of $134,937.50. Councilmember Ershadi seconded
the motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary, and Knuteson-Boyd voting aye.
Councilmember Jones moved to approve Change Order #2 with Harrison
Field Services for the WRF Site Preparation Project in the amount of
$69,594.60. Councilmember Derasary seconded the motion. The motion
January 10, 2017
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LEGAL SERVICES PURCHASING
EXCEPTION, APPROVED
RECREATIONAL TRAILS GRANT,
APPROVED
POLICE VEHICLE LEASE,
APPROVED
WATER RECLAMATION
FACILITY CHANGE ORDER #1,
APPROVED
WATER RECLAMATION
FACILITY CHANGE ORDER #2,
APPROVED
carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary,
and Knuteson-Boyd voting aye.
Mayor Sakrison reported that he would like to see the use of potable
water for construction purposes switched from the culinary system to a
water filtering station on the Colorado River. He indicated that Grand
Water and Sewer Services Agency is selling culinary water for
construction also. City Engineer Bowman responded that transportation
costs for hauling water from the river to the Water Reclamation Facility
construction site would be prohibitive. The Mayor clarified that what he
meant was for the use of culinary water for construction or industrial
use be addressed in the long-range planning of the City. Councilmember
Ershadi asked for an update about the water filtering project.
City Attorney McAnany spoke about the effort to continue with Parr,
Brown, Gee and Loveless for Employment Legal Services.
Councilmember Derasary moved to pay the bills against the City of
Moab in the amount of $713,651.12. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Bailey moved to enter An Executive Closed Session to
Discuss Pending or Reasonably Imminent Litigation and An Executive
Session to Discuss the Character, Professional Competence, or Physical
or Mental Health of an Individual. Councilmember Jones seconded the
motion. The motion carried 5-0 aye.
The Executive Session was entered at 9:56 PM. Councilmember Bailey
moved to close the Executive Session. Councilmember Ershadi
seconded the motion. The motion carried 5-0 aye. The Executive
Session was closed at 10:45 PM.
Mayor Sakrison adjourned the meeting at 10:45 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
January 10, 2017
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MAYOR REPORT
ATTORNEY REPORT
BILLS TO BE PAID
EXECUTIVE SESSION
ADJOURNMENT