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HomeMy Public PortalAboutMIN-CC-2017-01-23MOAB CITY COUNCIL MINUTES REGULAR MEETING JANUARY 23, 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. Timestamps corresponding to the recording are shown in the right column of the minutes. 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 Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Treasurer Jennie Ross, Public Works Director Patrick Dean, Community Services Director Amy Weiser, City Engineer Phillip Bowman, Planning Director Jeff Reinhart, Interim Police Chief Steve Ross, and Parks, Recreation and Trails Director Tif Miller. The Workshop with City Engineer Phillip Bowman and Robert Dowell of the Utah Department of Transportation updated the Mayor and Council on the Highway 191 Widening Project and Associated Drainage Improvements. Dowell also briefed the Council on the traffic light installation at the entrance to Arches National Park, as well as an update on the new downtown crosswalk pedestrian push buttons on Main Street. Mayor Sakrison brought up the issue of idling semi -trucks on a segment of Main Street at the north end of Moab. Dowell also updated the Council on costs associated with a project on the highway at the Moab Springs Ranch. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Nineteen members of the public and media were present. Councilmember Derasary moved to approve the minutes of the January 10, 2017 meeting with two corrections. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. January 23, 2017 Page 1 of 8 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES Two citizens were heard: Joe Kingsley spoke about a County -wide clean-up effort. County Councilmember Mary McGann, resident John Fogg, and Kingsley are heading up this effort. Kingsley asked for the support of the City. Councilmember Ershadi asked about the timeframe for the project. Councilmember Knuteson-Boyd asked if the cleanup was specifically for moving junk cars or if it is more general. Kingsley offered that it is a general cleanup. Arne Hultquist presented a letter about the Lionsback Development and impacts the development will have on surface water runoff, groundwater chemistry, and possible contamination of the aquifer. He stated the development will impact the water resources in Moab. He added the extent and disposition of the impact will depend upon the extent of mitigation, appropriate planning, and the actual built environment. Councilmember Bailey noted that Mr. Hultquist's letter may be added to the collection of citizen letters on the Lionsback topic. CITIZENS TO BE HEARD Mayor Sakrison presented Ali Jones with the Mayor's Student Citizenship STUDENT OF THE MONTH of the Month Award for January 2017 at Helen M. Knight School. A Presentation was made by Audrey Graham, Chair of the Moab Area Community Land Trust. She explained that the Land Trust is a non-profit organization that aims to purchase properties in the area and leases those properties to residents who are members of the local workforce for construction of affordable homes. Graham asked the City to allow the Land Trust to retain a $500 fee refunded by the Internal Revenue Service in 2014. Councilmember Ershadi asked if qualified homeowners had a certain income range. Graham replied this qualification is under consideration. Ershadi also asked if the future of the Land Trust will include paid staff. Graham responded that she anticipates a part-time position. Department Updates were submitted in writing to the Council. Parks, Recreation and Trails Director Tif Miller announced the Sportsman's software is now available for online sports registration. He updated the Council on the MARC window replacement project, MARC classes, and trail work near 100 West and 200 South streets. January 23, 2017 Page 2 of 8 COMMUNITY LAND TRUST PRESENTATION (42:32) DEPARTMENTAL AND ADMINISTRATIVE UPDATES Councilmember Ershadi asked about the ownership of properties near trails accessed by the bridge on 200 South. Ershadi also asked about signage to designate private property. Councilmember Jones moved to approve all required Special Event Licenses and Permits for the Canyonlands Half Marathon Event to be held on March 17 and 18, 2017 subject to the seven conditions outlined in the Agenda Summary. Councilmember Bailey seconded the motion. The motion carried 4-0 aye, with Councilmembers Bailey, Jones, Derasary and Knuteson-Boyd voting aye. Councilmember Derasary moved to approve the Special Event for the Utah Peace Officer Fallen Officer Trail fundraiser to take place at the Grand Center April 21-22, 2017. Derasary further moved to approve the requested fee waiver in the amount of $290.00. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Community Services Director Amy Weiser and City Planner Jeff Reinhart briefed the Council on the proposed moratorium on Site Plan Review applications for large scale developments. Mayor Sakrison asked about the timeframe staff is requesting, and whether additional staff is needed. Councilmember Ershadi asked what types of developments will be affected, and would any of the developments currently being considered by Council be affected. City Attorney McAnany clarified that commercial remodels under ten thousand square feet would be exempted. Also, the moratorium would exclude multi -family dwellings that contain ten or fewer units. Councilmember Derasary spoke in support of the moratorium. Derasary asked McAnany about criteria for moratoria and he described some scenarios. McAnany explained how staff are able to manage the current shortcomings of the code as somewhat of an emergency. Mayor Sakrison mentioned feedback from the community about the ambiguity of the current code. McAnany explained that this effort should decrease the ambiguity. Reinhart mentioned the need for standards which are currently lacking in the code. Councilmember Knuteson-Boyd stated she had received feedback from the community in favor of the moratorium. Councilmember Ershadi noted that she wanted to make the code revision without a moratorium. Weiser stated that until the code is revised, more and January 23, 2017 Page 3 of 8 SPECIAL EVENTS LICENSES NEW BUSINESS (56:40) ORDINANCE #2017-1, SITE PLAN REVIEW MORATORIUM, PASSED more applications will suffer from lack of standards. Ershadi stated it is a fairness issue for developers. Weiser responded there is a fairness issue for residents who have concerns about the gaps in current code. Councilmember Jones asked about overhaul of the greater code. Reinhart responded that this part of the revision pertains to site plans. In the future, the greater development code will be revised. Jones asked about outreach efforts associated with the new General Plan and the Downtown Plan and suggested incorporating outreach and public input at this juncture will accelerate the outreach effort. Councilmember Knuteson-Boyd asked for quickness in this endeavor. Councilmember Derasary moved to approve Ordinance #2017-1, enacting a six-month moratorium on Site Plan Review applications to complete needed code revisions for large scale developments. Councilmember Jones seconded the motion. The motion passed 4-1 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye and Councilmember Ershadi voting nay. Councilmember Jones moved to adopt Resolution #04-2017 conditionally approving the Final Plats for Phases 4-7 of Entrada at Moab, a Master Planned Development, with the following condition: Landscaping equal to that proposed on Landscape Plan sheet L101 shall be installed as shown in the Agenda Summary. Councilmember Derasary seconded the motion. City Attorney McAnany explained that this development is not exempted from the moratorium on sewer hookups, and he noted the lawsuit brought against the City by Entrada at Moab. Mayor Sakrison asked if any of the units were to be occupied as primary residences, whether they would be exempted from the moratorium. McAnany agreed that they would be exempted. Councilmember Derasary amended the motion with language provided by City Attorney McAnany. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Amy Weiser, Community Services Director, presented the First Reading of the Draft Code Revision to Title 5, Chapter 5.09, Special Event Permits. Weiser noted that there is public sentiment urging a requirement for all class three (large) events to have a local resident to be the responsible party. Councilmember Ershadi asked about whether the City can regulate events on private property. City Attorney McAnany stated that yes, this is possible and regulates things like parking, public January 23, 2017 Page 4 of 8 RESOLUTION #04-2017, ENTRADA AT MOAB FINAL PLATS, ADOPTED SPECIAL EVENT PERMITS DRAFT CODE REVISION, FIRST READING (1:35) health and safety, and traffic control. Weiser stated that the staff committee that considers the special events licenses are reluctant to waive fees for large, class three events, even for charity fundraising events, due to staff effort involved. Councilmember Jones moved to adopt Ordinance #2017-01 to Approve an Application to Rezone a Property on Nob Hill with Split Zoning of C-3, Central Commercial and R-3, Multi -family Residential, to C-5, Neighborhood Commercial Zone and Amending the Official Zoning Map. Councilmember Knuteson-Boyd seconded the motion. Councilmember Ershadi recused herself because the applicant is her employer. Councilmember Jones stated that there was an error in the original zoning of the properties and adjacent uses have changed over time. The motion passed 4-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, and Derasary voting aye. Councilmember Bailey moved to adopt Resolution #05-2017, a Resolution to require the United States Department of Energy to Allocate Adequate Funding to Complete the Moab Uranium Mill Tailings Radiation Control Act (UMPTRA) Remediation Project by 2025. Councilmember Jones seconded the motion. Councilmember Derasary described the effort by the Moab Tailings Project Steering Committee. Mayor Sakrison, County Councilmember Mary McGann, and Derasary serve on the committee and McGann has met with State Senator Hinkins. Hinkins will present a resolution to the State Senate to advocate for funding levels for the tailings pile cleanup to continue at an accelerated pace. On January 17, the County Council approved a similar motion to the City's Resolution. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Consent Agenda: Councilmember Jones moved to approved the consent agenda, containing non -monetary agenda items, detailed below. Councilmember Knuteson-Boyd seconded the motion. Councilmembers Jones and Derasary asked about the budget opening. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd voting aye. Approval of the Task Order with Bowen Collins for Work on the Bridge project at 200 South, Bullick/Cross Creeks Park. January 23, 2017 Page 5 of 8 ORDINANCE #2017-01, REZONE APPLICATION, ADOPTED (1:56) RESOLUTION #05-2017 UMTRA FUNDING, ADOPTED CONSENT AGENDA, APPROVED 200 SOUTH BRIDGE PROJECT, TASK ORDER, APPROVED Request to Send Proposed Resolution #06-2017 — Amending the Fiscal Year 2016-2017 Annual Budget to Public Hearing on February 14, 2017. Acceptance of a Petition for Annexation by Legacy Design Group located at approximately 1520 North Main Street. Approval of the Police Chief Job Description Other New Business: Councilmember Jones moved to approve Task Order #16-09 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Sewer Rate Study and Impact Fee Study Modification project with a fee amount not to exceed $15,448. Councilmember Derasary seconded the motion. City Engineer Bowman noted that the high percentage of impact on the Water Reclamation Facility by hotels and restaurants involved further study. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary, and Knuteson-Boyd voting aye. Councilmember Bailey moved to approved Task Order #17-01 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Moab South Trunk Line and Outfall Preliminary Design project with a fee amount not to exceed $52,791. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Jones moved to approve Task Order #17-02 with Bowen Collins & Associates, Inc., accepting the Scope of Work for the Moab Water Reclamation Facility (WRF) Services During Construction project with a fee amount not to exceed $659,218. Councilmember Knuteson- Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Jones moved to approve the Building Permit Fee and Building Permit Plan Review Fee Waivers for the Water Reclamation Facility Project in an amount not to exceed $8,500. Councilmember January 23, 2017 Page 6 of 8 REQUEST TO SEND BUDGET OPENING TO PUBLIC HEARING, APPROVED PETITION FOR ANNEXATION, 1520 NORTH MAIN, ACCEPTED POLICE CHIEF JOB DESCRIPTION, APPROVED TASK ORDER #16-09, SEWER RATE STUDY, APPROVED TASK ORDER #17-01, MOAB SOUTH TRUNK LINE, APPROVED TASK ORDER #17-02, WATER RECLAMATION FACILITY (WRF) SCOPE, APPROVED WRF BUILDING PERMIT FEE WAIVERS, APPROVED Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Councilmember Jones moved to approve the Temporary Construction Water Use and Hydrant Water Use Fee Waivers for the Water Reclamation Facility Project and the Site Preparation Project in an amount not to exceed $9,500. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Council and Mayor Reports: Mayor Sakrison reported that the Treasurer and Executive Director of the Utah League of Cities and Towns resigned. The Mayor explained there were unauthorized expenses, and cited an article in the Salt Lake Tribune about the topic. Mayor Sakrison continued with an idea he credited to City Recorder/Assistant City Manager Stenta regarding utilizing energy related taxes to encourage renewable energy in our community. The proposal entails allocating some of the funds to assist with solar panel installations for medium- to low-income residents. The Mayor pointed out Rocky Mountain Power is doing away with their solar rebate program and that homeowners typically received about $2000 in reimbursement. Councilmember Derasary stated her enthusiasm for the project. Councilmember Bailey stated his approval of assisting with solar panels on public buildings. Councilmember Bailey reported that he resigned from the Hospital Board. Councilmember Jones reported he attended the Solid Waste District meeting. Councilmember Derasary described a two-day workshop she attended that was hosted by Utah State University (USU) on the theme of alternative futures for Moab. The workshop entailed using Geodesign software to create scenarios from a planning perspective for the year 2040. January 23, 2017 Page 7 of 8 CONSTRUCTION WATER USE FEE WAIVERS, APPROVED MAYOR & COUNCIL REPORTS Councilmember Derasary noted the full agenda scheduled for February 14, but hoped to include the topic of sanctuary cities. City Recorder/Assistant City Manager Stenta asked Derasary to notify Interim City Manager Everitt about her concern. Councilmember Ershadi asked about the City's liability insurance carrier. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $330,065.89. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. At 9:16 PM, Councilmember Jones moved to enter a Closed Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Knuteson-Boyd seconded the motion. Councilmember Ershadi recused herself. She stated that she is not comfortable being asked to make decisions or endorse City actions based solely on information she receives in closed sessions and which she is unable to discuss publicly. The motion carried 4-0 aye, with Councilmembers Bailey, Jones, Derasary, and Knuteson- Boyd voting aye. Councilmember Knuteson-Boyd moved to close the Executive Session. Councilmember Jones seconded the motion. The motion carried 5-0 aye with Councilmembers Bailey, Jones, Ershadi, Derasary and Knuteson- Boyd voting aye. The Executive Session closed at 9:45 PM. Councilmember Bailey moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Jones, Derasary, Ershadi and Knuteson-Boyd voting aye. The meeting was adjourned at 9:45 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder January 23, 2017 Page 8 of 8 BILLS TO BE PAID EXECUTIVE SESSION ADJOURNMENT