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HomeMy Public PortalAboutMIN-CC-2018-12-11MOAB CITY COUNCIL MINUTES REGULAR CITY COUNCIL MEETING DECEMBER ii, 2018 Call to Order and Attendance: The Moab City Council held a Town Hall and its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html and a YouTube video recording is archived at https://www.youtube.com/watch?v=h4hPK6ybtyg. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan and Karen Guzman -Newton. Councilmember Tawny Knuteson-Boyd arrived at 5:4o PM. Also in attendance were City Manager David Everitt, Recorder/Assistant City Manager Rachel Stenta, Assistant City Manager Joel Linares, City Attorney Chris McAnany, City Planner Jeff Reinhart, Development Services Manager Sommar Johnson, Senior Project Manager Tracy Dutson, Treasurer Chantel Lindsay, Public Works Director Pat Dean, Sustainability Director Rosemarie Russo, Assistant City Engineer Eric Johanson and Records Specialist Eve Tallman. Workshop: Mayor Niehaus called the Town Hall workshop to order at 5:oo PM. The Town Hall consisted of a discussion and public comments regarding proposed ordinance 2019-02— Planned Affordable Development (PAD). Senior Project Manager Tracy Dutson presented scenarios of typical square -footage and scale of developments in an existing neighborhood. Sixty-nine members of the public and media attended the Town Hall. Town Hall comments: John Hartley mentioned he had sent prior emails to Council and stated he was not happy with the proposed PAD. He stated he expected good government and the protection of private rights. Carey Dabney stated she lives on Rosetree Lane and listed potential pitfalls of applying the PAD ordinance in the R-2 zone: infrastructure is not designed for higher density; lack of existing problems yet to be addressed in R-2 including code enforcement and the proliferation of commercially operated dormitories; lack of transparency regarding proposed PADs planned for the R-2 zone; lack of assurances that proposed PADs will align with the character of the neighborhood; lack of opportunity for R-2 residents whose property values will be most impacted to participate in the process; and the potential for drastic reductions of protections in order to build a PAD. Dabney offered a compromise, which would develop the PAD model in zones currently zoned for higher density construction, which she described. She urged Council to develop PADs in other zones before consideration of including R-2 as an allowable PAD area and suggested a process for more citizen participation. Mayor Niehaus responded with a mention of the code enforcement concerns. Councilmember Duncan mentioned a recent discussion regarding licensing of so-called bunkhouses and Councilmember Derasary brought up an upcoming discussion about occupancy. Councilmember Guzman -Newton brought up the transparency issue and noted the purpose of the Town Hall is to gather community feedback. Bonnie Crysdale urged Council to not rush into the PAD and proposed one-story developments and cautioned about cramming buildings into every available space. Councilmember Duncan noted an example of an apartment building on 200 South in the R-2 he did not care for. He also stated that the parking on the frontage is not acceptable. Janie Tuft asked about the size limit of units per acre. Councilmember Guzman -Newton stated the smallest size of a unit could be mo square feet for a studio. Mayor Niehaus and Councilmembers Duncan and Jones further explained. 1 8 December 11, 2018 Scott Escott brought up the example of a three -and -a -half acre lot on Rosetree. He noted this could imply as many as 1.4o additional cars adding to traffic on Rosetree. Kirk DeFond noted his concern that the PAD proposal could result in five times more density in his currently developed R-3 neighborhood. He brought up the Council's responsibility to protect private property rights and asked about why some development standards are crossed out of the draft. Councilmember Jones explained they were reflected elsewhere in the code and Councilmember Duncan brought up site plan review processes under review. DeFond also mentioned measuring the height of proposed developments from the curb to eliminate developers from building retaining walls and increasing their height above neighbors. Lisa Carter talked about unintended consequences of moving too fast. She stated she did not believe the R-2 zones in Moab should be changed to accommodate more density. She said that there was a possibility neighborhoods would be sacrificed for commerce, including development of townhomes, second homes and employee bunkhouses. She mentioned considering PADs on a case -by -case basis with consideration for impacts on neighboring properties to protect viewsheds, setbacks and solar access for neighbors. She suggested pilot projects. Rita Rumrill stated that it should be a goal to maintain neighborhoods that are livable and walkable. She mentioned she likes the provisions for solar access and connectivity of the neighbors and mentioned social and mental health benefits. She noted that trailer parks in Moab were once considered good housing and she urged Council to consider that what may seem good now may not be good in 3o years. Walt Dabney noted his disappointment in the presentation showing examples of PADs. He spoke about the R-2 zone as a 1-2 household zone and remarked on the narrow streets in those neighborhoods. He mentioned that it appears the City is getting rid of R-2 areas. He stated the effect of the PAD would be that residential areas in Moab would be taken over by developments and the R-2 character would be gone. He mentioned that PADs in R-3 were ok. Mayor Niehaus asked Dabney about the prospect of limiting new PADs to certain footprint sizes in neighborhoods. He brought up a recent three -home development in the downtown which has resulted in occupants parking on the street. He mentioned the difficulty of accommodating storage needs of residents in dense housing developments. Mayor Niehaus noted a minor storage requirement for proposed PADs. Dabney reiterated his concern about changing the character of the R-2 neighborhoods to accommodate dense housing projects. Saina Carey mentioned her extensive history with real estate in Moab and noted she felt strongly both ways about the proposed PAD. She stated that people move to Moab for a reason. She said the size of the City has not changed much and that tourism has now replaced mining. She suggested considering PADs on a case -by -case basis and planning for twenty years out. She urged Council to not take away the rights of grandfathered properties. Kya Marienfield spoke about the housing shortage for local year-round employees. She talked about the difficulty of attracting teachers, police and health care workers to Moab. She stated these professionals can't afford rents or to buy homes. She mentioned landscaping and residency requirements and stated the 24' height was reasonable to her. She brought up street width requirements, limiting to six units per structure, internal setbacks, parking and solar access. Councilmembers discussed landscaping and open space considerations. Mayor Niehaus showed photos of examples of multi -household structures that blend into existing neighborhoods. Page 2 8 December 11, 2018 Councilmember Guzman -Newton expressed her resistance to the PAD and her interest in designing high -density housing that blends with neighborhoods. Josie Kovash stated she lives in the R-2 zone and is in favor of PAD. She stated that density does contribute to a neighborhood and emphasized that density and neighborhood character or good design are not mutually exclusive. She stated that now is the time and noted the Yes in My Backyard (YIMBY) movement and written resources from the Urban Land Institute. She also spoke about the family versus household topic and Moab's demographics. John Hartley stated he does not disagree with Kovash. He stated people don't want more density. He asked for protections in the R-2 zone. Josie Kovash stated isolated developments are ghettos. She stated she was ok with giving up rights for affordable housing for healthy diversity and encouraged a PAD overlay for the entire City. Councilmember Derasary spoke about income eligibility for PAD residents as well as proof of sole residence. Councilmember Guzman -Newton brought up a gap in eligibility for working residents and stated i,000 affordable units are needed for Moab's workforce. Kirk Defond brought up the proposed development of 6,00o homes in San Juan County. Councilmember Duncan noted that proposal had dim prospects in view of San Juan County's very junior water rights. Councilmember Jones spoke about planning for 20-3o years and mentioned the trend in Park City, where 7o percent of the residences are second homes. He opined that density is a blunt tool and hoped to manage the impacts of density on neighbors. Lisa Carter spoke about density in all residential zones. Mayor Niehaus explained that 8o percent of each PAD is deed restricted. Councilmember Jones brought up transportation studies on Rosetree. Saina Carey mentioned that the hospital bought four condominiums for visiting doctors and nurses. She mentioned the school district's need for housing. Judy Powers stated she likes good planning and noted she is really protective of the R-2 zone. She noted the propensity of accessory dwellings as lodging units which increase density. She said out-of-towners buying homes has been a problem for twenty years and Moab has been losing housing stock to second home owners. Carol Mayer stated that what she doesn't like about PAD is squeezing all you can onto a lot. She mentioned the new Hoodoo hotel and noted she doesn't like it but she would be amenable to triplexes and small developments. She asked about children in a high -density area. She urged Council to slow down and look more carefully. Mayor Niehaus brought up limiting large parcels from large apartment buildings. Councilmember Jones brought up recent legislation requiring new hotels to pay impact fees for housing and Councilmember Guzman -Newton mentioned the school district property. Chaz Howard spoke about the impact of past planning decisions on Mike Toninelli. He said that people bought homes in R-2 and now the City is changing the rules. He speculated that a lot of work has gone into the PAD but perhaps not so much regarding the PAD in R-2. He noted people's fears and the need for reassurances. Mayor Niehaus reviewed the timeline of the development of the proposed PAD ordinance. Councilmember Derasary mentioned she had not seen the PAD until recently. Page 3 of 8 December 11, 2018 Karla Hancock stated that every town needs a section of town like R-2. She said that teachers, doctors and nurses will aspire to R-2. She did not agree with the comparison to Telluride. She joked that she prefers not to disperse slums all over town. She noted that for many people, their only real asset is their home and crowding next door diminishes property values. Regular Meeting: (i:45 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:oi PM and led the Pledge of Allegiance. Eighty members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve minutes from the November 13 and 27, 2o18 meetings with one correction. Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mayor and Council Reports: Mayor Niehaus reported on the Utah Association of Governments meeting and mentioned a survey regarding the Utah Department of Transportation (UDOT) long-range planning process. She mentioned County Councilmember Curtis Wells had been elected to represent the area in the Utah Association of Counties. She also mentioned her participation on the Tripartite Board which oversees services such as the food bank. She mentioned a school visit to City Hall and a Powerhouse focus group meeting, along with her appointment to the Governor's rural partnership board and touched on the housing issues being addressed by the legislative committee of the Utah League of Cities and Towns (ULCT). She noted her interest in defending local control as a legislative priority for ULCT. Councilmember Derasary reported she participated in the ULCT meeting regarding sales tax, and raised her concerns about potential upcoming changes to the Land Use, Development and Management Act (LUDMA). She mentioned implications regarding potential changes to the land use Ombudsman's reimbursements and noted she attended a Canyonlands Health Care Special Service District meeting, the League of Women Voters' program which presented the high school debate team deliberating a carbon tax, and mentioned Trail Mix activities. Councilmember Duncan reported on a meeting of the Moab Area Watershed Partnership and mentioned the effort to have coordinated monitoring wells. Councilmember Knuteson-Boyd reported on the Housing Authority meeting. She noted the faith -based coalition is still concerned about sewer rates. Councilmember Guzman -Newton reported on the School District meeting and noted Kathy Williams was sworn in as a new School Board member. She noted an effort of Utah State University and BEACON to offer science, technology, engineering and math (STEM) programming. She noted her attendance at a meeting of the transportation commission and learned about the funding of a rail study. She reported on a meeting of the Chamber of Commerce and noted a vacancy on their board. She concluded with a report of the Moab Transit group and reaching out to the legislature. Councilmember Jones reported on a housing task force meeting and also noted there would be interviews for manager of the Solid Waste District. He mentioned the Dark Skies group is planning activities for 2o19. Administrative Report: City Manager Everitt announced the upcoming Council retreat. He 4 8 December 11, 2018 stated the budget process would begin in the New Year as well as discussion regarding the waste hauling contract. Communication Director Church reported the City's new website went live on December io and has been optimized for mobile screens. She mentioned a makeover of the recreation page and the ability to search the City's archives. She announced the upcoming open house of the Water Reclamation Facility. Presentation: (2:12 on recording) Students of the Month: Mayor Niehaus presented the Mayor's Student of the Month Awards for December 2018 to Helen M. Knight Elementary School student Nixon Curtis, Moab Charter School student Mia Fox, Grand County Middle School Seventh Grader Malina Paershke-O'Brien and Eight Grader Jazlyn Rascon. The Mayor acknowledged the financial sponsors. Citizens to be Heard: (2:17 on recording) Rachel Moody spoke on behalf of several residents. She began with comments about the impact of the recently -passed ordinance 2o18—oi on the homeowners of the Cottonwoods at Williams Way planned unit development, which takes away the Use by Right for lodging establishments under ten units from Chapter 17.21.o2o in the C-2 zone. She thanked the Council for their consideration of putting this Use By Right back into the chapter of the code. She next addressed the Council on behalf of the Southeastern Chapter of the Utah Association of REALTORS© which formally opposed the removal of lodging establishments from the C-2 zone and noted there should be input from the property owners and stakeholders affected by the decision. She noted the recognition of the group that the issue of short-term rentals is a growing concern and expressed the hope that the state legislature and municipalities can reasonably balance private property rights with the desire to regulate this type of property use while providing certainty to the property owner. She concluded with suggestions which included formulating a plan to revamp the downtown steering committee into a broader purpose of taking all commercial zones to the drawing board by redesigning, reviewing and recommending creative and proactive policy on all commercial zones for our new future. Carrie Ann Marinelli spoke about the contaminated pond in the Mulberry Grove neighborhood and recommended pond and open water checks for the parasite that caused the deaths of pets. Theresa King spoke about reconsideration of Ordinance 2o18-oi and proposed Resolution 58- 2018. The noted she owns a twin home on Williams Way and has planned to exercise her right to operate a nightly rental in the future. She brought up the reference to a Planning Commission meeting where the proposed ordinance was reportedly unanimously recommended to Council and King noted that meeting had been cancelled. She recommended putting the lodging establishments under ten units back into the C-2 zone. Jerry Klaes mentioned he bought property in C-2 for use as nightly rentals as a retirement plan. He stated he was in favor of putting the nightly rentals back into the C-2 zone and noted his property value plummeted $200,00o to $300,000 overnight due to the recent legislation. He noted he understands there is a housing crunch in Moab. Page 5 of 8 December 11, 2018 Ruth Dillon thanked the Council for their difficult work and stated she felt their intentions regarding the recently -passed Ordinance 2018-oi were pure. She stated she planned to purchase a home in the Cottonwoods on Williams Way and live in it with the ability to rent it out sometimes. She noted she did not see a compelling reason to remove the lodging uses for under ten units from the C-2 zone. Adam Black stated he is a property owner at Entrada. He said big dollars are at stake with the change to the property zoning overnight. He thanked the Council for their hard work. Scott Howard also thanked the Council for their work and stated he is also an owner at Entrada and reported a buyer recently backed out of a sales contract for his property after the legislation passed. Bob Wood stated he is a property owner at Entrada. He concurred with Rachel Moody's comments and noted that devastating is a good adjective to describe the action. Lynda Diem submitted written comments: "Please make adjustments to the Accessory Dwelling Unit (ADU) rules. If the setbacks and parking were adjusted it would provide many housing opportunities for locals. ADUs could be deed -restricted for long term housing. They can be attractive, have a low profile and be lovely in design. One unit in many R zones can make a huge difference in our housing." Old Business: (2:44 on recording) Reconsideration of Ordinance #2o18-oi Approved Discussion: Councilmember Jones stated his desire to reconsider the Ordinance and Mayor Niehaus acknowledged there was inadequate public noticing. City Attorney McAnany mentioned the corrected date for the Planning Commission public hearing was March 8, 2018. Motions and Votes: Councilmember Jones moved to reconsider Ordinance 24318-oi, An Ordinance Amending The City Of Moab Municipal Code, Sections 17.18, 17.20, 17.21, 17.24, 17.27, 17.30, 17.31, 17.35, 17.36, 17.42, 17.45, 17.48, 17.51, and 17.54 Pertaining To Uses In The Specific Zones; Amending Chapter 17.06.020 Definitions; Amending Section 17.69 Secondary Dwelling Units To Read "Accessory Dwelling Units"; And Repealing Chapters 17.09.530 And 17.09.531 Conditional Uses. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Councilmember Jones then moved to approve Ordinance 2o18-ol, An Ordinance Amending The City Of Moab Municipal Code, Sections 17.18, 17.20, 17.21, 17.24, 17.27, 17.30, 17.31, 17.35, 17.36, 17.42, 17.45, 17.48, 17.51, And 17.54 Pertaining To Uses In The Specific Zones; Amending Chapter 17.06.020 Definitions; Amending Section 17.69 Secondary Dwelling Units To Read "Accessory Dwelling Units"; and Repealing Chapters 17.09.530 and 17.09.531 Conditional Uses and Amending Finding H, substituting March 8 for February 22 as the date of the Planning Commission Public Hearing date. Councilmember Derasary seconded the motion. Mayor Niehaus reiterated this re-establishes lodging under ten units in the C-2 zone as an allowable use. Councilmember Derasary suggested in the future better communication and better long- term planning toward a community vision. Councilmembers and the Mayor thanked staff for Page 6 of 8 December 11, 2018 their efforts to correct the ordinance and community members for their civil communications. Mayor Niehaus asked for candidates for Planning Commission. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Nightly Rental Uses in the C-2 Zoning District —Void Discussion: City Attorney McAnany stated that, due to the vote on the prior agenda item, proposed Resolution 58-2018, a Resolution Initiating Proceedings to Amend City Ordinances to Address Changes to Nightly Rental Uses in the C-2 Zoning District, and Advising the Public that a Previous Repeal of Certain Lodging Uses in the C-2 District is Held in Abeyance, was moot. Mayor Niehaus called for a motion, and hearing none, she proceeded to New Business. New Business: (2:56 on recording) Living Community Challenge and City Vision —Discussion Kenner Kingston of Architectural Nexus briefly presented the Living Community Challenge. Site Plan Requirements Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Ordinance #2018-22—to amend Moab Municipal Code 17.67.020, B to allow an exemption from the site plan requirements for up to a six unit multihousehold dwelling with amendments. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Happy Days Subdivision Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #52- 2018 — Happy Days Minor Subdivision Located at 825 North 50o West in the R-2 Zone. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Water Board Appointments Approved Motion and Vote: Councilmember Jones moved to confirm re -appointment of Kyle Bailey and Jeremy Lynch for two year terms ending December 31, 2021 to the Moab City Water Conservation and Drought Management Advisory Board. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Retro-Commissioning of City Buildings Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve a contract for Retro- Commissioning Service for the MRAC (Moab Recreation and Aquatic Center), Multi -Purpose Bldg. (Center Street Gym) and City Center Building in the amount of $87,500. Councilmember Jones seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. City Depositories Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #54- 2018 — Designating Depositories for Moab City Funds. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. 2019 City Council Meeting Schedule Approved Motion and Vote: Councilmember Guzman -Newton moved to approve the Proposed 2019 City Council Meeting Schedule. Councilmember Duncan seconded the motion. The motion Page 7 of 8 December 11, 2018 passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. 2019 Moab City Holiday Schedule Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve the Proposed 2019 Moab City Holiday Schedule, retitling Columbus Day as Indigenous Peoples' Day and adding Christmas Eve to the list of Moab City holidays. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Rocky Mountain Power Joint Clean Energy Statement Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #57- 2018 — Approving a Memorandum of Understanding between the City of Moab and Rocky Mountain Power regarding the Joint Clean Energy Statement. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Blue Sky Solar Array Agreement Approved Motion and Vote: Councilmember Guzman -Newton moved to approve Proposed Resolution #55-2o18 — Authorizing the City Manager to Sign a Memorandum of Understanding between the City of Moab and Rocky Mountain Power for the Construction and Operation of Blue Sky Solar Array Projects. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Approval of Bills: Councilmember Guzman -Newton moved to approve payment of bills against the City of Moab in the amount of $1,458,37o.oi. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Executive Closed Session: Motion and Vote: Councilmember Jones moved to enter An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus convened the Executive Session at 9:3o PM. Councilmember Derasary moved to close the Executive Session. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus closed the Executive Session at io:13 PM. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus adjourned the meeting at io:13 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 8 of 8 December 11, 2018