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Show PAGE 12 THE ZEPHYR MARCH 1995 a Seibert Interview (continued) could vote to annex the property into the dty under another zoning designation than the C4 that is being proposed now. Emmett can fight that and all these scenarios depends on coundl versus what Portal Development's reaction is. Otherwise they could accept that zoning designation and then petition the city for a zone change. That is one seen aria If the coundl votes to accept the development agreement but votes against the annexation, then the project reverts back to the county after the recording of the vote. If the Qty Coundl votes for this development agreement, votes for annexation then Portal Development will develop the project under the conditions of annexation. Zephyr Okay, so let's recap for the layman's brain. If you vote to annex and you vote to approve the conditions but he doesn't like the conditions, you could take up to a year to negotiate. Paul: Right except it's the reverse order. Just to help keep it dear, we vote on the development agreement which is the conditions. You dedde on the conditions, then you vote for annexation. If we dedde on conditions that are not mutually agreeable with Portal Development die Gty Council can table this issue up until December of 1995 while we negotiate more conditions. The negotiations between coundl members for the development agreement and then negotiations between the dty and Portal Development and then the vote for the annexation; there are quite a few numbers of ways this can go depending on action and reaction of the players in this. The Gty Council may approve or vote far a development agreement that seems too difficult for Portal Development or maybe too expensive or too whatever, and they do not agree to it. That would be the reason not to annex yet. There's no reason to annex somebody who won't agree to your annexation conditions. Zephyr: Okay, ao the only reason you wouldn't proceed to annex is because Emmett has a problem with the conditions of the agreement Paul: Yes, and you use the name Emmett and I'm trying to use the word Portal Reaeation because that is who we're dealing with. We're dealing with a company called Portal Reaeation. Zephyr What are some of the conditions that were put on the table? Paul: Right now while we're conducting this interview, the Gty Council has only had the first meeting with the dty staff and discussed amongst council members what they want to see in the draft agreement. The draft agreement will be presented to the Gty Coundl on the night of the 21st of February when we also have our first budget meeting so right now all I know is what we asked for. I do not know what the draft agreement will say. The Gty Council wants the lighting impact addressed. Everybody so far agreed to that. The proposal for Portal Development to be allowed to have C4 designation only for the parts that the dty will allow to be developed now, the diair lift, the unloading station, the parking lot, and the snack bar at the top. The rest of it will be declared open space. If any future development is requested to be done by Portal Development they will have to come back through the planning and City Coundl process so that there can be more public input for expansion of this project. The health and safety issues were discussed but they're pretty much addressed by the Department of Transportation, Tramway Safety Assodation who have their guidelines, and the sanitarian has worked out a system for the sewage disposal so that has been discussed but is being addressed. We also discussed the cost of search and rescue, how Moab Police Dept, plans to provide police protection, then we discussed whose responsibility it is for security measures. Well obviously it's the Development's. We don't provide security. So we went through those scenarios; then we discussed what seemed very important and was brought up many times by the public, a reclamation bond for the project and at this time we have a formula that we're going to present in our draft agreement with Portal Development of the cost of having a reclamation bond if this goes into foreclosure. Then we discussed the traffic impacts which is a very important issue. We've done a preliminary traffic study. We have some numbers and with the director of Public Works it has been determined that it is going to be about half a million dollars for road improvements at the intersection, curb, gutter, and sidewalk, and all the other infrastructure costs including the water line. A formula is going to be worked up on how much is going to be paid by all the players, meaning the city, Portal Development, the transfer station, and any other commercial or industrial development that happens down that road. Along with that we discussed neighborhood traffic impacts and trying to discuss if you're going to have large buses or the transfer station vehicles which route they will take in and out of the Egg Ranch Road. We've discussed utility easements and connections which is pretty much nuts and bolts about what size lines the dty is going to use and this and that. We've received letters from the Nature Conservancy concerning the Matheson Wetlands. We discussed their concerns, who would be responsible for an environmental study, a biological study and I dont know how that's going to come down yet, but it was discussed and it's going to be part or not part of the agreement. We discussed the noise issue which was sort of one of our longest discussions, whether our noise ordinance was enough, that if he doesn't meet the noise ordinance he will be shut down. And to satisfy the speculation going around the community which is a viable concern we Hianavt whether we should require a noise test before it goes in because it's going to be awful to stop the noise after it gets started. Let's get a real definitive answer. Then of course a number of the public wanted the impacts of the WSA up there discussed and I don't know what's going to be the city's final position on that but I suspect the position is that the WSA is a BLM piece of property and the BLM probably has a better mechanism for land trade or whatever to create a buffer up there. We also don't believe that the WSA is our area of jurisdiction. Zephyr. Has there been any contact with the BLM in an effort to work together on this issue? Paul: Yes. Of course the dty has written to the affected neighbors which is BLM, Matheson Wetlands, and the other property owners out there and also I was told that the BLM was going to talk to Portal Development about passible impacts and what they would do about those imparts in the future. Where the BLM stands on this issue or the Nature Conservancy, the only thing I've seen from file Nature Conservancy is they're asking for an extension of time to do an environmental study, but again it's my personal opinion and I believe it's going to be most dty of fidal's opinion that the WSA issue and the buffer for the WSA is pretty mush in the hands and the jurisdiction of the BLM. Zephyr: Since this goes on the news stands after the meeting would you like to take a guess as to which way it's going to go? Paul: Well, if I was that good a guesscr I'd be a rich man. I suspect that the dty is going to put appropriate conditions in the development agreement and I'm very sure that the dty government is going to protect the taxpayer, that the taxpayer isn't going to foot the bill for the infrastructure which is a big concern. That's probably our biggest job as a dty government to protect taxpayers. I also suspect that it'll be annexed. I won't speculate cm the conditions of annexation but I will speculate that we will annex. Zephyr I guess that's it. Paul: There is a alternative but no jurisdiction, dty, county or state, is going to take a position of alternative without having to compensate the property owner and at this time Moab Gty docs not have a mechanism in place for development credits or purchasing developments so most likely that won't happen. ct ORGANICALLY GROWN VEGETABLES "V ers Market will ba open mCE A WEEK In 1 995 'ant your garden, accord,hafy md remember, all you weekend gardners, Anybody can be a part of is that supposed to be Candace? foah. But oncers-gai- n. Stiles took the coward's w out. i Urr fiMis firrxmsj i rUtiicrwsa 'kivmars fhtTiUxwm ftkrsAVrmwu: P.0.5CX fit CrJKihCWH, hri fWfJ 943-407- 4 |