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HomeMy Public PortalAboutMIN-CC-2015-07-14MOAB CITY COUNCIL REGULAR MEETING July 14, 2015 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. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Planning Director Jeff Reinhart, Zoning Administrator Sommar Johnson and Acting City Engineer Eric Johanson. The purpose of the workshop was a discussion regarding code enforcement. Discussion followed. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Thirty-one (31) members of the audience and media were present. There were no minutes to approve. Under Citizens to Be Heard, Joe Kingsley stated that Grand County was also having the same discussion regarding code enforcement. Bill Love stated that he valued participation in public meetings and felt that issues need needed to be resolved at local meetings instead of just submitting written comments and questions. Mr. Love stated that two of this issues he had submitted had not been addressed. A presentation was made by Gregg Stucki of the introduction of Debbie Barton, the Grand County Solid Waste District Manager. The Presentation Regarding the Proposed Boulder was postponed. Councilmember Stucki moved to approve a Request by Tammy Snow for an Amplified Music Event at Old City Park on August 15, 2015 with the July 14, 2015 Page 1 of 5 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION OF SOLID WASTE DISTRICT MANAGER PRESENTATION POSTPONED OLD CITY PARK AMPLIFIED MUSIC, APPROVED condition that all amplification end by 9:00 PM. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Task Order with Bowen, Collins and Associates for a Sewer Rate and Fee Study. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Mayor Sakrison opened a public hearing at 7:10 PM for Solicitation of Public Input on Proposed Ordinance #2015-05 — An Ordinance Amending the City of Moab Municipal Code, Chapter 17.33, FC-1 Flood Channel Zone, Specifically Referencing Fencing, Structures for Public Transportation, Vegetation and Penalties. Planning Director Reinhart gave a staff overview of the Proposed Ordinance. John Crofts, the State Flood Plain Manager gave an overview of FEMA regulations as relating to the Proposed Ordinance. Kara Dohrenwend stated that she lives at 40 W. and 100 No. and that she is happy to see some of the changes in the ordinance although she has been disappointed that there was not more public participation in the process. Ms. Dohrenwend stated that Moab is in compliance with the National Flood Insurance Program and asked if the regulations need to be changed today? Ms. Dohrenwend continued that residents have made a lot of changes to create a functional floodway and that she had been in conversations with City Manager Davidson regarding her concerns and that she was very encouraged by the changes that had been made. Ms. Dohrenwend stated that she has worked with a lot of property owners in the creek corridors and she is troubled by the proposed fines and punishments in the ordinance. Ms. Dohrenwend inquired what the application process will be, where a permit will be needed, who the Flood Plain Administrator is and how many permits will be issued. Stan Holland stated that he is a land owner along the creek and he has worked to get invasive species out, to repair fences and done many upgrades. Mr. Holland stated that he has been working to open the creek back up to its natural state. Mr. Holland stated that livestock have to have fencing and he feels the City doesn't do enough to help the landowners. Mr. Holland stated that the City should give a process to July 14, 2015 Page 2 of 5 TASK ORDER WITH BOWEN COLLINS AND ASSOCIATES FOR SEWER RATE STUDY, APPROVED PUBLIC HEARING OPENED PUBLIC COMMENT the public before they vote on the regulations. Mr. Holland continued that he would like to work together to resolve conflicts and that the code to fine or imprison for working on a fence is offensive and un- American. Mr. Holland urged the Council to vote no on the ordinance. Page Holland stated that the ordinance being changed allows animals on the property and that the overlay is restricting the uses, except the only uses allowed don't mention animals. Ms. Holland stated that the she doesn't see any reason to eliminate animals. Arne Holdquist stated that the Proposed Ordinance is inadequate to protect our floodway and that he has researched other cities ordinances. Mr. Holdquist then distributed copies of the sample ordinances. Mr. Holdquist stated that a Riparian area was necessary to augment the floodway. Mr. Holdquist stated that the City was currently insured and that there was no rush to get this ordinance passed. John Crofts stated that his experience in working with farmers in this state is that they are the strongest proponents of flood plain management. Mr. Crofts stated that the floodway is the most dangerous part of the flood path and that a barbed wire fence is in compliance with the flood plain. Mr. Crofts stated that the purpose of the ordinance is to protect life and property. Kenneth Minor asked if we are in compliance with the National Flood Insurance Program or not? John Crofts stated that reviews are made annually by the state of Utah and FEMA and that Moab City has had no violations. Mr. Minor stated that Pack Creek has dropped four feet in the last ten years and wondered if the flood situation on Boulder has been addressed. Mr. Minor also asked if barbed wire could be replaced in the ordinance with breakaway fencing. City Manager Davidson stated that there were no issues with breakaway wire fencing and that staff would need to look at what is adjacent to the creeks. Mayor Sakrison closed the public hearing at 8:15 PM. July 14, 2015 Page 3 of 5 PUBLIC HEARING CLOSED Councilmember Peterson moved to approve the Proposed Water Tank Project Site Location as presented. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Under Mayor And Council Reports, Mayor Sakrison stated that he and City Manager Davidson attended a Utah State University needs meeting that day, reviewed a revised site plan and that the project was moving along. Mayor Sakrison continued that the state legislature would be coming to town and that the Governor's Office of Economic Development would be conducting meetings on July 21, 2015. Councilmember Stucki stated that he had attended an Arches Congestion Meeting. There was no Correspondence to be Read. Under Administrative Report, City Manager Davidson distributed a written report. A Report on City/County Cooperation was not given. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $369,881.54. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to Enter An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual and a Discussion Regarding the Deployment of Security Personnel, Devices, or Systems. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. An Executive Session was entered at 9:20 PM. Councilmember Peterson moved to Close the Executive Session. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. The Executive Session was closed at 10:03 PM. Mayor Sakrison adjourned the Regular Council Meeting at 10:03 PM. July 14, 2015 Page 4 of 5 PROPOSED WATER TANK PROJECT SITE LOCATION, APPROVED MAYOR AND COUNCIL REPORTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS MOTION TO ENTER EXECUTVIE SESSION, APPROVED EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION CLOSED ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder July 14, 2015 Page 5 of 5