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HomeMy Public PortalAboutMIN-CC-2017-07-11MOAB CITY COUNCIL MINUTES REGULAR MEETING J U LY 11, 2017 Regular Meeting & 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 David 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 Attorney Chris McAnany, Human Resource Manager/Deputy Recorder Danielle Guerrero, Interim City Engineer Eric Johanson, Assistant City Engineer Mark Jolissaint, Public Works Director Pat Dean, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Planning Assistant Sommar Johnson, Recorder Assistant Eve Tallman, Arts and Special Events Manager Meg Stewart and Parks, Recreation, and Trails Director Tif Miller. The Workshop began with a review with City Attorney McAnany regarding procedures for amending an agenda or calling special meetings of the Council. McAnany explained that state law provides for the Mayor or any two Council members to amend an agenda or call a special meeting, and City staff would act to provide required public notice. The Workshop continued with a review of agenda items. City Manager Everitt brought up the commercial site plan moratorium and explained to the Council that their options as the moratorium sunsets would be to adopt a revised code or revert to the existing code regarding commercial site plans. Mayor Sakrison noted the draft code is a working document and more information will be forthcoming. Planner Reinhart pointed out there would be no major changes for the Resort Community zone. It was explained that the zone was created in a joint effort between the City and the County to develop the North Highway 191 corridor; the City enforces the development standards including landscaping and parking as far as the Colorado River and the County enforces it north to the County line. City Manager Everitt also noted there is a plan to create a website for developers with all pertinent codes, application forms, and supporting documents. Councilmember Jones turned the discussion to the agenda item pertaining to culinary water line standards. He asked about the intention of having separate meters for each unit in a multi -family residential building. City Attorney McAnany pointed out individual meters may undermine the intention of tiered commercial rates; however, he also pointed out the rate structure is geared to each dwelling having its own meter, which is easier to administer for water conservation programs. City Attorney McAnany next addressed the topic of firework moratoria. He explained that state law prohibits municipalities from restricting fireworks. He went on to explain there is a caveat in state law that negligent discharge may be prohibited, or if there are hazardous conditions which exist within City limits. Councilmember Ershadi brought up drought and Councilmember Knuteson-Boyd mentioned there had already been more than 40 fires in the County due to dry conditions. City Attorney McAnany stated he would develop language to be considered by Council in advance of the late -July holiday to protect the community from fires caused by fireworks within City limits. Page 1 of 6 July 11, 2017 Regular Meeting Called to Order: (:34 on recording) Mayor Sakrison called the Regular City Council Meeting to order at 7:03 PM and led the Pledge of Allegiance. Twenty-five members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the June 27, 2017 meeting as written. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Citizens to be Heard: The following Citizens were heard: Christy Calvin stated she lives on Park Drive and she is concerned that the proposed development of Park Drive as a thoroughfare would create a shortcut to high -volume destinations such as Swanny Park, the Moab Recreation and Aquatics Center, and Helen M Knight School. She asked why a rezone is being considered rather than a Conditional Use Permit. She also noted she is excited about the prospect of senior and affordable housing that is included in the proposed project. Shari Beck also spoke. She stated she lives in the neighborhood and is concerned about Park Drive becoming a shortcut. She stated drivers will look for a quicker and faster route through the neighborhood and she expressed her concern for children and a neighborhood daycare that will be at risk. She also noted that special events at Swanny Park will block the street. She concluded that Park Drive as a thoroughfare would not be good for either neighborhood. Wendy Young spoke next. She stated she lives on Park Drive. She noted that when the subject property was not fenced off, a foot path traversed the property and there was a great deal of vandalism along the street. She stated she is in favor of the housing project and wants it to be of quality. She presented the Council with a petition that included fifty-four signatures opposed to the Park Drive thoroughfare. Amber Hughes also spoke. The stated a through street is not good for kids. She stated such a change to Park Drive will impact all of us. The Mayor invited Ben Riley of the Southeast Utah Housing Authority and Kirstin Peterson of the Canyonlands Health Care Special Service District, partners in the development of the project, to address the Council. Riley stated the site plan will be approved by the City and that the existing site plan proposal is a working document. Mayor Sakrison asked if there was a way to develop the project without the through -street. Peterson stated she hoped it would be so. She explained that the City and the Fire Department should have input. Councilmember Bailey asked for a description of the project. Peterson explained that the project involves a thirteen acre parcel owned by the Canyonlands Health Care Special Service District for the Moab Area Project for Seniors (MAPS). The plan will include assisted living, senior housing, affordable housing, and doctor offices. She noted that all design standards and development documents will be approved by the City. She noted fire protection and stormwater management are concerns. She also stated that the street need not be a thoroughfare and there are efforts to mitigate traffic concerns. Special Events/Vendors/Beer Licenses: (:43 on recording) Motion and Vote: Councilmember Jones moved to approve licenses and permits for an amplified music event for Canyonlands Natural History Association at Old City Park on July 18, 2017. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Page 2 of 6 July 11, 2017 Jones, Derasary and Knuteson-Boyd voting aye. Consent Agenda The Consent Agenda items were taken up separately, as follows: Annexation Petition on 500 West —Approved Discussion: Councilmember Derasary asked about the process because she did not want to give an impression that she was approving anything more than annexation into the City. City Attorney McAnany explained that the City Council must first decide if it wants to annex the subject property, and then decides appropriate zoning and other considerations. Councilmember Jones stated his concern that annexation applications have been approved by the Planning Commission in the past with no indication to applicants that there may be disagreement about zoning and other concerns that follow. Councilmember Derasary stated her concern about approving C4 Commercial zoning next to R2 Residential zoning. Motion and Vote: Councilmember Bailey moved to approve the Acceptance of an Annexation Petition by Kelly Shumway for Property Located at 500 West and 963 North and 500 West and 1001 North. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Updated Recreation Fees — Approved (:53 on recording) Discussion: Parks, Recreation, and Trails Director Miller explained daily rates are relatively low compared to other municipalities. Daily fees are the only category with local and non -local rates. Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #47-2017 — A Resolution updating Recreation Fees. Councilmember Jones seconded the motion. The motion passed 5- 0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Police Department Laptops — Approved Motion and Vote: Councilmember Derasary moved to approve Purchase of Dell Computers for Police Department Laptops in the Amount of $20,997.18. Councilmember Jones seconded the motion. Councilmember Ershadi asked what would happen to the old computers and it was explained they would be sold at auction. It was also clarified that the purchase was made through a state contract. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Bowen Collins Task Order — Approved Motion and Vote: Councilmember Jones moved to approve a Task Order with Bowen Collins & Associates Engineers for 2017 General Engineering Assistance with a fee amount not to exceed $40,000.00. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Old Business: Culinary Water Fees —Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #44-2017 — A Resolution Revising Culinary Water Use Fees and Connection Fees. Councilmember Bailey seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Page 3 of 6 July 11, 2017 Amendments to Moab Municipal Code —Approved Motion and Discussion: Councilmember Jones moved to adopt Ordinance # 2017-18 to Amend Moab Municipal Code, with the Repeal of Sections 17.09.660 and 17.09.665 Pertaining to the Site Plan Review process; Adding a New Chapter 17.67; Amending Chapter 17.80 Pertaining to Large Scale Developments; and Amending Chapter 17.31, Use Restrictions in the Resort Commercial Zone to Prohibit Large Scale Retail Developments in that zone. Councilmember Derasary seconded the motion. Councilmember Jones thanked the Planning staff and Planning Commission for all of their efforts. Councilmember Derasary asked for clarity on differentiation between Level One and Level Two applications. Planner Reinhart explained. Councilmember Jones asked about the application review team, and Councilmember Derasary asked about exemptions. Councilmembers Jones and Derasary asked about parking and setbacks. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. General Plan Update —Approved (1:11 on recording) Motion and Discussion: Councilmember Derasary moved to Approve Proposed Resolution #28-2017 — A Resolution Adopting the 2017 City of Moab General Plan Update. Councilmember Jones seconded the motion. Councilmember Derasary asked about integrating the comments submitted by Jeff Adams from the Canyonlands Watershed Council. City Manager Everitt noted an effort has been made to integrate those suggestions. After recognizing a possible perception of a conflict of interest, Councilmember Derasary noted her husband, Nate Rydman, had also made comments about water scarcity in a prior public hearing on the General Plan Update. Councilmember Bailey stated the document could reflect that the City is taking proactive steps to address water conservation issues. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. New Business: (1:16 on recording) Williams Way Rezone from R-2 to R-4 —Approved Motion and Discussion: Councilmember Jones moved to approve Proposed Ordinance #2017-26 — An Ordinance Amending the Zoning for Approximately Five Acres with an Address of 354 Williams Way in the R-2 Single and Two Family Residential Zone to R-4 Manufactured Housing Residential Zone and Amending the Official Zoning Map. Councilmember Bailey seconded the motion. Councilmember Jones noted that good municipal design calls for connectivity between neighborhoods. However, he also noted traffic calming, speed controls, parking, curves, and other calming measures can be part of the design. Planner Reinhart noted that environmental health is a consideration, indicating that driving several blocks out of the way wastes resources. Councilmember Knuteson-Boyd noted there are forthcoming efforts to changes the venue of some of the largest events that create parking issues at Swanny Park. Mayor Sakrison asked if there wasn't an option to route the thoroughfare down Walnut Lane. Councilmember Bailey noted he sits on the Board of the Canyonlands Health Care Special Services District, which is a partner in the project, and remarked on discussions to solve the traffic concerns. Interim City Engineer Johanson stated there would be an option in the future to discuss the site plan. Councilmember Jones brought the discussion back to the rezone question. He noted it is the first collaborative effort for affordable housing between the several local entities, and he stated his hope that more would follow. Councilmember Knuteson-Boyd also noted that despite the title of the zone, no modular housing was planned for this project. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Body, Ershadi, and Derasary voting aye. Page 4 of 6 July 11, 2017 Water System Design Criteria — Tabled Motion and Motion to Table: Councilmember Derasary moved to approve Proposed Resolution #46- 2017 — A Resolution Adopting the Water System Design Criteria Manual, Wastewater System Design Criteria Manual and APWA Manual of Standard Specifications (Utah Chapter). Councilmember Knuteson-Boyd seconded the motion. Councilmember Jones moved to table the motion. Councilmember Bailey seconded the motion. The motion to table passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Code Provisions for Culinary Water and Wastewater Treatment — Approved (1:21 on recording) Motion and Discussion: Councilmember Jones moved to approve Proposed Ordinance #2017-30 — An Ordinance Repealing Certain Provisions of Title 13 Pertaining to the City of Moab Culinary Water and Wastewater Treatment System and Enacting New Provisions. Councilmember Derasary seconded the motion. Councilmember Jones asked about graywater provisions requiring a permit. City Attorney McAnany explained that the graywater rules were added after a review of the proposed code revisions. He pointed out that the State requires regulations and permits, and that this procedure would likely be delegated to the County Building Official. He noted the State wants local rules and oversight. Councilmember Ershadi asked if it wasn't currently in the purview of the health department. Mayor Sakrison stated that the health department and the building department are involved. Councilmember Ershadi asked the Attorney to ensure there wasn't any conflict, duplication, or undue red tape between local code and state requirements. City Attorney McAnany noted the object is to move quickly to approve the code provisions as the Department of Environmental Quality wants the regulations in place for loan approval for the Wastewater Treatment Facility. He noted these conditions could be met. Councilmember Ershadi asked for an update at the next meeting. Vote: The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Administrative and Council Reports: (1:33 on recording) City Manager Everitt requested the consent of the Council to prepare a letter expressing the City's comments on the Manti-La Sal Forest Management Plan revisions, specifically aimed at a position on "No Surface Occupancy" in the critical areas of the Forest that could damage the City's water supply aquifer if contaminated by oil and gas development. He noted the City's hydrologic consultant had draft a memo for this purpose. The Council consented, and Councilmember Ershadi stated she would like to see a draft of the letter. City Manager Everitt next mentioned the timeline for the City Manager recruitment process. The Mayor and other council members expressed their desire to begin the recruitment process immediately. Councilmember Ershadi expressed a desire to await the swearing in of the new council. Mayor Sakrison disagreed due to the desire to have a new manager on board to become oriented before David Everitt departs. Councilmember Knuteson-Boyd stated she did not want to wait to begin recruitment. Councilmember Derasary noted the bylaws state that the hiring must occur either before the November election or after the January swearing -in of new council members. Councilmember Jones concurred with pre -election hiring. Everitt also discussed progress with regard to transportation planning and a meeting with the Utah Department of Transportation. Councilmember Ershadi asked if there was progress regarding issues with trucks idling on Highway 191 north of downtown. Everitt noted it was Amy Weiser's detail and she was on leave of absence. Councilmember Jones asked about whether there was a Request for Proposals for the Downtown Plan. Page 5 of 6 July 11, 2017 Mayor Sakrison gave an update regarding the League of Cities and Towns. He stated that group has reported the state legislature would take up building density and height in the upcoming session. The Mayor also described a meeting he had with Mike Bynum regarding parking on Bynum's private property adjacent to Powerhouse Lane. Bynum hoped that by providing public parking the congestion and parking issues at the Powerhouse trailhead would be alleviated and would allow emergency access. Discussion also covered potential expansion of the Sand Flats Recreation Area to encompass Potato Salad Hill and providing alternate access to Millcreek. The Mayor also discussed a potential grant from the Utah Division of Drinking Water and mentioned recycling center concerns. Councilmember Jones asked for a tour of the recycling center. Councilmember Derasary noted she attended Land Trust and Trail Mix meetings. She mentioned that the Bureau of Land Management has reported at 26% increase in camping. She noted that September 26 is National Public Lands Day. She also mentioned recently publicized changes in oil and drilling company ownership. Councilmember Knuteson-Boyd noted she attended a transportation bypass meeting. She also noted challenges to the reparations of the La Sal Mountain Loop Road project. Mayor Sakrison noted an effort to place a Utah redistricting referendum on the ballot. Councilmember Derasary noted the Healthy Environment Alliance of Utah (HEAL Utah) was planning a press event in the coming week regarding rooftop solar. Councilmember Bailey mentioned the Water Conservation Board would be meeting. Councilmember Ershadi asked about street striping progress and Public Works Director Pat Dean stated that this project is underway and parts would be delayed till after chip sealing. Chip seal bids are due to be sought this month. He said the new budget year will enable Public Works to order the radar speed signs. He stated his plans to have the striping project done on or around the start of the school year. Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $864,787.52. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye. Adjournment: Councilmember Bailey moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye. Mayor Sakrison adjourned the meeting at 8:27 PM. APPROVED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Page 6 of 6 July 11, 2017