HomeMy Public PortalAboutMIN-CC-2018-02-27MOAB CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 27, 2018
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 Emily Niehaus called the Workshop to order at 6:00 PM. In attendance
were Councilmembers Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones.
Councilmember Rani Derasary was not in attendance. Also in attendance were City Manager David
Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Engineer
Chuck Williams, Public Works Director Pat Dean, Senior Projects Manager Amy Weiser, City Treasurer
Jennie Ross, Police Chief Jim Winder, Sustainability Director Rosemarie Russo, Planning Director Jeff
Reinhart, Communications Director Lisa Church, Development Services Manager Sommar Johnson and
Records Specialist Eve Tallman.
The Workshop began with a Discussion of Planning Priorities and a Departmental Update from City
Planner Reinhart. He began with information regarding repeal of conditional use permits. He stated
there would be a public hearing on March 8. He mentioned an upcoming proposed change to the
definition of Eating Establishments. He stated the Planning Commission would consider Planned
Affordable Developments. Reinhart also explained upcoming changes for density -related housing code.
He suggested there may be new code proposed that would allow for homes as small as 140 square feet.
He next mentioned the concept of boarding houses and the definition of a family, and referenced
employer -provided housing, adding that code issues regarding nuclear families may be changed to
address maximum occupancy standards. Councilmember Jones asked about shared households and
mentioned concerns regarding the number of parked cars and noise and wondered about tackling those
issues head-on. Reinhart stated the only mechanism at this time is the family definition. City Manager
Everitt noted that a city-wide parking study and parking plan is forthcoming.
Next, Reinhart mentioned the administrative work plan and implications for affordable housing.
Development standards were discussed, including fences, landscaping and pocket neighborhoods.
Specifically, the east and west ends of Center Street were mentioned, and 100 North east of 400 East.
Councilmember Duncan asked for background information on code changes. Councilmember Jones
asked for use tables for the different zones. Mayor Niehaus stated she was meeting with applicants for
Planning Commission. Councilmember Guzman -Newton asked when appointments may happen. The
Mayor explained the need for changes to bylaws regarding membership, and those changes would be
adopted by Council.
The Workshop continued with a presentation by the Utah Division of Water Rights Southeast Regional
Engineer Marc Stilson. He offered Information Regarding Water Rights Adjudication in the Moab Spanish
Valley. Stilson discussed the history and process for developing a groundwater management plan. He
mentioned the United States Geological Survey (USGS) groundwater study which is nearly complete and
has been submitted for peer review. The stated that once the review is complete, the final draft will go
out for comment to the cooperating agencies, and then the final report will be issued later this year.
Stilson stated the adjudication process is the current step and announced a public meeting to be held
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April 18 at the Grand Center at 6:00 PM. He also explained the resources available at
waterrights.utah.gov. He played a brief video that explained the process for the public to review water
rights and also explained the process for citizens to claim their rights, object to determinations, and the
resulting judicial decree. Stilson said there were about 1,000 rights to be adjudicated in the north part of
the valley this year.
He continued with a discussion of increasing the monitoring of stream flows with strategically -placed
gauges. He explained the purpose of gauges, proposed cost -sharing with USGS, and noted the Nature
Conservancy, Division of Water Rights and the Division of Fish and Wildlife would be willing to share in
the costs. He suggested the City might enter into a Memorandum of Understanding to pay one-third.
Councilmember Duncan asked about the offer to share costs by Living Rivers. Councilmember Guzman -
Newton asked if one monitoring system was adequate. Stilson explained that monitoring Pack Creek will
play a larger role than previously believed. He mentioned Grand and San Juan Counties would be
approached for that monitoring gauge.
Duncan asked for clarification about the City's water rights. Stilson confirmed that the City's rights are
perfected (proven) and the Mayor would only need to sign and return the packet of city rights. City
Attorney McAnany asked about expectations for objections. Stilson said he was working with Chuck
Williams to certificate Skakel Springs. Councilmember Jones asked if there was a map showing the wells
in the north part of the valley, and Stilson showed a map of the rights to be adjudicated this year.
Mayor Niehaus asked if this clean-up of abandoned rights would result in more water rights being
available. Stilson explained that is not the process for how water rights are allocated.
Regular Meeting Called to Order: (1:00 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of
Allegiance. Forty-eight members of the public and media were present.
Approval of Minutes: Councilmember Duncan moved to approve the minutes of the February 13, 2018
meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 aye with
Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mayor and Council Reports:
Mayor Niehaus reported she had attended the Rural Utah Caucus as well as an orientation for services
available from the state. She noted she had met with the executive director of the Utah League of Cities
and Towns, and attended a meeting of the Utah Association of Governments and the Tripartite Board,
which oversees the Food Bank and other services. She remarked there was a prospect for training for
veterans in Moab and concluded with a report that she was working on the restructuring of the Planning
Commission with an eye toward appointing three new members.
Councilmember Duncan mentioned he had been on vacation in Hawaii and remarked on the water
scarcity issues and tourist congestion there.
Councilmember Jones reported on meetings of the Utah Department of Transportation (UDOT)
recreation hotspot funding meetings which he attended with staff and Councilmember Knuteson-Boyd.
He mentioned topics suggested to reduce congestion and improve recreation access could include
parking garages downtown and multi -use transportation options.
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Councilmember Guzman -Newton noted she had attended a school board meeting and announced the
proposed new middle school would remain on its existing site. She also mentioned the Airport Art Call,
which will solicit art for the new terminal.
Councilmember Knuteson-Boyd also reported on the UDOT hotspot meetings and noted she had also
attended a meeting of the Housing Authority. She added that Councilmember Derasary won't be able to
travel to Washington DC this year to lobby for continued funding of the tailings cleanup, so that travel
opportunity is available to others.
Administrative Report: City Manager Everitt mentioned he would like to include other departmental
updates at future Council meetings. He showed Council a tracking documents for the Administrative
Work Plan. He also mentioned the mechanism for tracking code revisions, in -process financial
forecasting efforts, upcoming proposed changes to alcohol policies in Lions Park and Old City Park, and
an effort toward consistency regarding speed limits around town.
Sustainability Director Russo announced a Water Conservation Workshop to be held Monday, March 12
at 5:15 PM in the City Council chambers. She said the event would be co -sponsored by the Water
Conservation and Drought Management Advisory Board and the League of Women Voters.
Students of the Month: Mayor Niehaus presented Hiroshi Burriola with the Mayor's Student Citizenship
of the Month Award for February, 2018 for Helen M. Knight School. Niehaus next presented Aliester
Ekman with the Mayor's Student Citizenship of the Month Award for February, 2018 for the Moab
Charter School.
Citizens to be Heard:
Brendan Cameron stated he represented City Market and expressed concern about the proposed Arches
Reservation system. He thanks Kate Cannon, Park Superintendent, for her effort. He said the reservation
system would hurt business at City Market.
ReBecca Foster spoke in favor of proposed Ordinance 2018-02 regarding noise issues at her Marcus
Court address caused by idling trucks on Highway 191.
Jeramy Day stated he represented TKO Properties, which would take a cut in business due to the
proposed Arches Reservation system. He said that if Park access is limited, the four hotels he represents
will market to ATV users.
Josh Green stated he represented Moab Cowboy Country Off -Road Adventures. He said 80 percent of
his customers come to see Arches. He stated that the proposed reservation system would cause tax
dollars to shrink and tourists will take their business to San Juan County.
Cricket Green stated she is opposed to the proposed Arches Reservation System. She questioned why
the City supports a business -killing initiative and speculated that it could result in a class-action lawsuit.
She said the proposed reservation system is costing jobs.
Austena Fugit stated she represented five hotels and has great concern with the proposed reservation
system, which, she said, would result in the layoff of employees. She added that she markets to foreign
travelers who will go elsewhere.
Scott Groene spoke about Special Events at Swanny Park. He said the crowding has reduced Moab's
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quality of life. He asked Council to do what they could, by taking actions such as controlling the City's
parks. He presented a letter signed by forty-five residents of his neighborhood and which requested the
City to create a mechanism to consider the cumulative effects of special events on neighborhoods.
Randy Day stated that Arches National Park is iconic and he once could visit without crowds but now
times have changed. He expressed his opinion that the proposed Arches Reservation System is
unacceptable. He stated that our quality of life is diminished, and so be it.
Deb Schlecta of It's Sew Moab spoke about how Arches National Park is what originally drew her to
Moab. She added she wouldn't have later moved to Moab if there had been a reservation system in
place at the time of her original visit. She also mentioned her effort to bring a national quilt show to
Moab and opined that quilters would also want to visit Arches National Park.
Carrie Ann Marinelli spoke on behalf of the Moab Charter School. She thanked the Mayor for
recognizing the Student of the Month and thanked the Council for lowering the speed limit in front of
the school. She made an invitation to the Charter School board meetings, which are the third Tuesday of
each month at 5:15 PM.
Kevin Walker spoke in favor of the proposed Arches Reservation System. He stated residents are users
of the Park or are economically impacted by users of the Park. He noted the park is obviously crowded
and a reservation system could have the positive impact of evening out the visitation. He stated
reservation systems are commonplace in other parks. He added that the main complaints regard
crowding, and even if the reservation system reduced overall visitation, it is speculated that usage
numbers would be at the 2014 level, which still is quite high.
Colin Fryer spoke about the Arches Reservation System and stated the process to deal with crowding in
the Park is a fraud. He stated he visited areas of the Park and proposed ideas. He said the process
requires an impartial jury and judge. He added the National Park Service made the decision on their
own.
Jared Anderson spoke on behalf of Emery Telcom and the Moab Chamber of Commerce, of which he is
President. He stated that at a recent Chamber luncheon, fifty members voted unanimously against the
proposed Arches Reservation System in an informal poll. He stated that Emery Telcom would suffer if
the Reservation System were implemented since it relies on broadband sales to hotels.
Wendy Young suggested removing Special Events from Swanny Park. She stated she lives on the west
side of Park Drive. She also noted the proposed through -road from 500 West will increase traffic and
congestion. She added that a group should convene that may consider the impact of special events on
the neighborhood.
Wayne Hoskisson stated that Arches National Park is too crowded. He said the proposed Reservation
System is good and is not a quota system. He mentioned it could spread out the visitors, and tourists
would be able to reserve same -day visits. He noted the National Park Service has a mission to ensure the
enjoyment of the public and the preservation of the Park.
Ashley Korenblatt, owner of Western Spirit Cycling, spoke in favor of the proposed Arches Reservation
System. She stated there is a huge cost for doing nothing. She noted there is misunderstanding and that
Commercial Use Authorizations for tour buses and shuttles are exempt from the reservation system. She
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also noted that up to 25 percent of visitors each day would be permitted access to the Park without
reservations on a first -come first -served basis. She stated she is a member of the Chamber of Commerce
and would have voted in favor of the reservation system if she had been present at the luncheon. She
stated she is really excited about the recreation asset management technology proposed to be
implemented. She concluded that the proposed reservation system gives assurance to visitors.
Charlotte Mates spoke about the Moab People Mover shuttle service and suggested it may be part of
the solution for crowding in Arches National Park. She stated visitors could leave cars at hotels and take
the bus to the Park. She also noted that March 17 is St. Patrick's Day and announced a celebration.
SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS:
Spitfire Smokehouse —Approved
Motion and Vote: Councilmember Jones moved to approve a Private Property Vendor License for Craig
Saleeby, doing business as Spitfire Smokehouse, located at 221 South Main Street for a term of March 1,
2018 to March 1, 2019. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0
aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Yummytown Food Truck —Approved
Motion and Discussion: Councilmember Jones moved to approve a Private Property Vendor License for
Joelle Riddle & Max Schon, doing business as Yummytown Food Truck, located at 83 South Main Street
for a term of March 1, 2018 to March 1, 2019. Councilmember Knuteson-Boyd seconded the motion.
Councilmember Jones noted the request for tables and chairs and expressed there appears to be ample
parking to accommodate the request. Councilmember Guzman -Newton asked about other vendors who
have licenses for this location and City Manager Everitt mentioned licensure is on a first -come first -
served basis, requiring conformance to parking requirements and other code. Planner Reinhart
concurred.
Vote: The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and
Duncan voting aye.
Old Business: (2:00 on recording)
Support for Arches National Park Reservation System —Tabled
Motion and Discussion: Councilmember Duncan moved to approve Proposed Resolution 14-2018 — A
Resolution Supporting the Proposed Arches National Park Reservation System. Councilmember Jones
seconded the motion. Councilmember Duncan explained that he heard from many residents when he
was campaigning for office that the top three concerns were congestion, noise, and affordable housing.
He explained his interpretation of the proposed plan and noted he had received more letters in favor of
the plan than against it. He said proposed limits on vehicles per day would move usage levels back to
2016 visitation levels and it was his opinion that business will still be good. He said the reason he was
proposing support for the Park reservation system plan is that he believed it would make Moab a better,
more livable, place. He said there may be other long-term solutions but the problem needs to be dealt
with right now.
Councilmember Jones stated he supports the motion for not only the reasons stated by Councilmember
Duncan but also because the City is already seeking to address solutions to congestion with UDOT, and
solutions must be sought in partnership and he welcomed the leadership shown by the Park Service
toward those ends. He stated his expectation that the Park Service would continue to engage the
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stakeholders to explore other options. He noted this proposed reservation system would require
minimal infrastructure.
Councilmember Knuteson-Boyd stated her support for the resolution but noted she is concerned about
the opinion of businesses who fear economic impact due to the proposed system. She stated she
wanted business owners to be heard more in-depth and suggested there was no rush.
Councilmember Guzman -Newton questioned whether there would be any new proposed solutions that
haven't been fielded in the past four months. She stated the City's support was ancillary and the Park
Service will do what they do regardless of whether the City supports them or not.
Mayor Niehaus stated that bring the issue up has brought forward a lot of viewpoints. She suggested
tabling the motion would allow for an opportunity to add language that expresses the sentiments of the
business community. Councilmember Duncan suggested that timeliness would be affected by tabling.
Councilmember Jones concurred. Arches National Park Superintendent Kate Cannon spoke from the
audience and stated park staff are still considering more than 400 comments and they expect the
National Park System will make a decision in June. She noted there appeared to be considerable
misunderstandings. She requested the Chamber of Commerce to host a question and answer session
with business owners, and Chamber President Anderson agreed to host such an event.
Vote: Councilmember Knuteson-Boyd made a motion to table the proposed resolution. Councilmember
Guzman -Newton seconded the motion to table. The motion to table passed 3-1 aye with
Councilmembers Knuteson-Boyd, Duncan and Guzman -Newton voting aye and Councilmember Jones
voting nay.
Moab Rotary Car Show Fee Waiver —Substitute Motion Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to approve Reconsideration of a Request for
Waiver of Swanny Park Use Fees in an amount not to exceed $1,425 for Moab Rotary Car Show.
Councilmember Duncan seconded the motion. Councilmember Guzman -Newton stated she wants
Council to discuss the nature of fee waivers in general, and Councilmembers Knuteson-Boyd and Jones
agreed the discussion is needed. Knuteson-Boyd reiterated Councilmember Derasary's prior suggestion
to waive a lower amount that was more in line with similar waivers such as for the Seekhaven fund-
raiser. Discussion ensued about the real expenses associated with events that are borne by the City, and
Councilmember Jones opined that the waivers are viewed as donations to charity, and if the City wants
to make donations, it will be more transparent to do so outright rather than by waiving fees. Support for
Rotary was expressed, and Councilmember Guzman -Newton moved to approve a substitute motion to
approve a Request for Waiver of Swanny Park Use Fees in an amount not to exceed $400 for Moab
Rotary Car Show. Councilmember Knuteson-Boyd seconded the substitute motion. The substitute
motion passed 3-1 aye with Councilmembers Knuteson-Boyd, Guzman -Newton and Duncan voting aye
and Councilmember Jones voting nay.
Idling Vehicle Restrictions —Approved
Motion and Vote: Councilmember Jones moved to approve Proposed Ordinance 2018-02 — An
Ordinance amending the City of Moab Municipal Code, Title 10 Vehicles and Traffic, Chapter 10.04
Vehicle Code; Specifically, the Recently Amended Section 10.04.230, to Further Clarify Restrictions for
Vehicles Parked While Idling or Running. Councilmember Duncan seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
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New Business: (2:29 on recording)
Biking Routes Plan —Approved
Motion, Discussion and Vote: Councilmember Jones moved to approve Proposed Resolution 15-2018 —
A Resolution Approving the City of Moab Biking Routes Plan. Councilmember Duncan seconded the
motion. Council and staff discussed specific streets and routes, including Kane Creek Road west of 500
West. Williams stated this approved plan would be integrated into the City's General Plan.
Councilmember Duncan mentioned the quality of the pavement in the bike lanes. The motion passed 4-
0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mill Creek Drive Engineering Service Agreement —Approved (2:45 on recording)
Motion and Discussion: Senior Projects Manager Weiser presented a history of the project and City
Engineer Williams explained details of the timeline.
Councilmember Knuteson-Boyd moved to approve a Future Campus of Utah State University (USU) —
Mill Creek Drive West Extension Engineering Services Agreement. Councilmember Duncan seconded the
motion. City Manager Everitt explained the nature of the commitment the Council was condoning by
approving the engineering agreement. Councilmember Duncan raised a question about whether this
road project could, should the USU campus project fail to materialize, become a "bridge to nowhere."
Williams explained there was to be a master -planned community regardless of the campus, as proposed
by the School and Institutional Trust Lands Administration (SITLA). Councilmember Jones asked about
how SITLA's commitment is memorialized, and expressed his concern that, since it is the mission of
SITLA to maximize profits, it may come to pass that the City is using public funds for infrastructure for
SITLA's development prerogative and that, in other situations, the developer would be required to pay
for roads. Councilmember Duncan reframed his question to ask if USU doesn't materialize, if the City
could again be in a situation with SITLA similar to Lionsback, and City Attorney McAnany said yes. To
answer Jones' question, Weiser stated the agreement was memorialized in the master plan.
Councilmember Knuteson-Boyd concurred with the concerns of Jones and Duncan and suggested the
City should memorialize the agreement in a Memorandum of Understanding. City Manager Everitt
stated that the City controls the road and granting access to the road. City Attorney McAnany pointed
out that prior Councils have incrementally fostered the USU project and balking at this agreement could
jeopardize future commitments on the part of the university.
Vote: The motion passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Guzman -Newton
voting aye and Councilmember Duncan voting nay.
Procurement and Ethics —Tabled (3:06 on recording)
Motion and Vote: City Attorney McAnany made a brief presentation about the proposed changes.
Councilmember Jones moved to table, and there was not a second to the motion to table.
Councilmember Duncan voiced a concern that, given the history that precipitated the initial
procurement and ethics rules changes, that this update might be perceived as a return to the old ways.
City Attorney McAnany explained that the changes make the directives for the staff clearer. City
Manager Everitt pointed out relationship rules are strengthened by these changes. Councilmember
Guzman -Newton moved to approve Changes to Sections 2.01 and 2.28 of Moab Municipal
Code Regarding Procurement and Ethics — Proposed Ordinance 2018-03 — An Ordinance Amending City
Procurement Procedures, Amending Certain Ethics Provisions, and Providing for Disclosure of
Transactions in Which City Employees or Officials may have a Personal Interest. Councilmember
Knuteson-Boyd seconded the motion. Councilmember Jones noted he had made some suggestions for
edits and preferred the changes to be made and then presented for approval. Councilmember
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Knuteson-Boyd moved to table the proposed ordinance. Councilmember Jones seconded the motion to
table. The motion to table passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Guzman -
Newton voting aye and Councilmember Duncan voting nay.
Meeting Dates Revision —Approved
Motion and Vote: Councilmember Jones moved to approve Revisions to 2018 City Council Meeting
Dates to reschedule the regular March 27 meeting to March 20. Councilmember Guzman -Newton
seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Surplus Property Declared —Approved
Mayor Niehaus recused herself and left the chambers.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution 16-2018 — A
Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of
Moab as Surplus. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye
with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus
returned to the chambers.
Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills
against the City of Moab in the amount of $56,328.17. Councilmember Jones seconded the motion. A
brief discussion ensued about how to streamline the bill review process. The motion carried 4-0 aye,
with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Executive Closed Session:
Motion and Vote: Councilmember Jones moved to enter an Executive Closed Session to Discuss Pending
or Reasonably Imminent Litigation. Councilmember Knuteson-Boyd seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
The Executive Closed Session was entered into at 9:28 PM. At 10:11 PM, Councilmember Jones moved
to end the Executive Closed Session. Councilmember Knuteson-Boyd seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Jones
seconded the motion. The motion carried 4-0 aye, with Councilmembers Jones, Knuteson-Boyd, Duncan
and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 10:11 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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