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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 Page 1 of 9 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 January 10, 2017 Page 2 of 9 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 Page 3 of 9 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 January 10, 2017 Page 4 of 9 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 January 10, 2017 Page 5 of 9 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 January 10, 2017 Page 6 of 9 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 January 10, 2017 Page 7 of 9 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 Page 8 of 9 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 Page 9 of 9 MAYOR REPORT ATTORNEY REPORT BILLS TO BE PAID EXECUTIVE SESSION ADJOURNMENT