HomeMy Public PortalAboutMIN-CC-2018-03-13MOAB CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 13, 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 Rani Derasary, Mike Duncan, Karen Guzman -Newton and Kalen Jones.
Councilmember Knuteson-Boyd was absent due to her travel to Washington DC on City business. Also in
attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City
Attorney Chris McAnany, Sustainability Director Rosemarie Russo, City Engineer Chuck Williams,
Assistant City Engineer Eric Johanson, Public Works Director Pat Dean, City Treasurer Jennie Ross, Police
Chief Jim Winder, Planning Director Jeff Reinhart, Communications Director Lisa Church, Development
Services Manager Sommar Johnson, Executive Administrative Assistant Carmella Galley, Film
Commission Director Bega Metzner, Arts & Special Events Manager Meg Stewart, Water Conservation
and Drought Management Advisory Board members Kyle Bailey, Kara Dohrenwend and Jeremy Lynch
and Records/Project Specialist Eve Tallman.
The Workshop began with a briefing by Ken Kolm and Paul van der Heijde regarding a Hydrologic and
Environmental System Analysis of Moab Area Culinary Water Sources. Kolm introduced Paul van der
Heijde and presented information about the sustainability and quality of Moab's municipal water
supply. He outlined the springs and wells of Moab's water sources and explained the groundwater
origins that supply those points. Councilmember Jones asked about the connections between Moab's
watershed and Grandstaff Canyon. Councilmember Duncan asked about a diversion point just below
Ken's Lake. Van der Heijde stated the only time flows were measured there was in the 1980s. Kolm
explained that it is critical to Moab's water supply to keep flows running year-round in Mill Creek.
Councilmember Guzman -Newton asked if the City was doing the right things as a municipality. Van der
Heijde responded by noting the current phase of their work is to quantify the amount of water in the
City's system, and the City's responsibility is to solidify its claims on water rights or to secure additional
claims to answer the State's call for the City to firm up its rights. Guzman -Newton asked about the
current adjudication process and he described his firm's experience in Castle Valley. Kolm added the City
may have claims to water on the Pack Creek side of the watershed, and that currently he is working on
the Mill Creek side. Kolm added he wants to protect all the portions of Moab's water resource. Van der
Heijde spoke about sustainability regarding city planning, and noted it is not climate change but rather
the city's current resource that he is concerned with. Councilmember Derasary voiced her confidence in
the work of the hydrogeologists and thanked former Castle Valley mayor Dave Erley for his suggestion.
Van der Heijde noted that water is very important for the City in light of development because water is a
limited resource. Councilmember Jones acknowledged that year-round flows in Mill Creek are important
and raised the point that there is currently not enough storage. Van der Heijde clarified that the City
does not yet have the data from the United States Geological Survey (USGS) groundwater study, and this
information is crucial. Councilmember Duncan mentioned installing a flow gauge on Mill Creek.
The workshop continued with a wide-ranging discussion regarding proposed code revisions to Moab
Municipal Code Chapter 2. After a brief overview of the process by City Manager Everitt, Mayor and
Council asked questions about definitions and directives regarding Council procedures and Mayoral
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authority. Councilmember Jones stated his concerns with hiring power of the police chief and city
attorney as the exclusive prerogative of the City Manager. The discussion was determined to require
more time at a future meeting.
Regular Meeting Called to Order: (:59 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of
Allegiance. Sixty-five members of the public and media were present.
Approval of Minutes: Councilmember Jones moved to approve the minutes of the February 27, 2018
meeting. Councilmember Guzman -Newton seconded the motion. Councilmember Derasary abstained
because she was not present at the meeting. The motion passed 3-0 aye with Councilmembers Jones,
Guzman -Newton and Duncan voting aye.
Mayor and Council Reports:
Mayor Niehaus announced that Councilmember Knuteson-Boyd was in Washington, DC to advocate for
continued funding to accelerate the uranium tailings pile removal. The Mayor also reported she had
toured the school district tech building with Councilmember Guzman -Newton and the pair also met with
the school superintendent. Niehaus stated she attended the Tourism Expo and learned the federal
agencies are reporting campgrounds and parking lots are full and there is a strain on the resource, and
an impact on tourists. She added she had met with Congressman Curtis's staff along with the Castle
Valley mayor, and also met with Executive Director Etchberger of Utah State University --Moab to discuss
possible collaborations between the City and the University. She concluded with a brief mention of her
visit to the Middle School's Reality Town.
Councilmember Duncan reported that he had attended a meeting of the Grand Water and Sewer
Services Agency.
Councilmember Derasary noted that she had attended a meeting of the Canyonlands Health Care
Special Services District and learned that the Canyonlands Care Center had earned a five-star rating. She
also noted she had written letters to state legislators and had participated in webcasts hosted by the
Utah League of Cities and Towns ULCT). She also reported on her attendance at the water conservation
open house hosted by the League of Women Voters and the Water Conservation Advisory Board. She
concluded with a report that she had attended a Wabi Sabi Network meeting.
Councilmember Jones reported he had attended a meeting of the Throttle Down committee. He
described an effort to produce new yard signs and posters for businesses. He continued with a report
that the issue of wind-blown trash was discussed at a meeting of the solid waste district. He also stated
he had attended a meeting of the Housing Task Force and noted the Housing Authority of Southeastern
Utah was working on deed restrictions.
Councilmember Guzman -Newton stated she had attended a meeting of the Airport Board and learned
there are proposals for shuttle services when the new airline service begins May 1. She noted Airport
Manager Judd Hill secured a $1 million grant to expand the runway. Guzman -Newton also reported she
had attended a Grand County Council meeting and stated the Emergency Medical Service calls had
doubled in December and January.
Mayor Niehaus recognized Rachel Stenta, City Recorder/Assistant City Manager, for twenty years of
service with the City of Moab.
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Administrative Report:
City Manager Everitt praised the City's facilities staff and noted they had received a 99.4% rating on a
recent state audit of the facilities. He thanked Chace Gholson, Facilities Supervisor, for his work.
He also updated Council on the completion by the Utah Department of Transportation (UDOT) of the
recent phase of Main Street construction, the end of the legislative session and noted the effective
actions of the ULCT, and the upcoming Parking Plan and consulting planning services in general. He
mentioned the upcoming UDOT commission meeting in Springdale, which has traffic congestion not
unlike Moab.
Presentations:
Students of the Month:
Mayor Niehaus presented Student of the Month awards for the school year to date for Grand County
Middle School. The following seventh graders were recognized: Natalie Haase, Draven Shaw, Lillian
Scott, Maria Teresa Tavares, Elias Patterson, Hailey Dowd and Nate Torres. The following eighth graders
were recognized: Lainey Bohannon, Jaden Nelson, Tenney Cook, Coner Duniway, Abigail Estenson, Isaac
O'Harra and Brittany Lloyd.
Citizens to be Heard:
Scott Newton spoke about his disappointment regarding the proposed loss of on -street parking on
North Main Street in view of UDOT's planned widening of the street. He stated he felt the City was not
being transparent or supportive of City businesses and said he felt it was the City's responsibility to
inform the public and to advocate for business owners in the UDOT process. He added he did not agree
that a bicycle lane on Main Street was more important than parking for local businesses. He also
mentioned a suggestion put forth during the UDOT "hotspot" process that proposed an option of
constructing parking structures in downtown Moab and indicated this prospect would also likely harm
downtown businesses.
Councilmember Derasary asked about the City's communications and City Manager Everitt stated he
would pass along the feedback to UDOT. He mentioned the recent UDOT open house regarding the
North Main Street project, and added it was his understanding the design is still preliminary but that it is
progressing. He noted the problematic scenario where Main Street narrows at the curve and added the
prior owners of this specific business property were allowed a credit for on -street parking in lieu of
generally -required off-street parking. Everitt also noted any discussion about parking structures as part
of the hotspot plan was premature. He said the upcoming City-wide parking plan would involve
community participation and would come before any decisions. Councilmember Jones concurred that
community engagement will be an important aspect of the hotspot planning process and that the
opportunity for input is not yet clear. Everitt stated he will look to the Council for direction before
engaging the public.
Christy Calvin submitted written comments: "Swanny Park is a very popular park for residents and
visitors for a variety of unreserved events, including: birthday parties, picnics, ultimate, youth soccer and
football practice, slacklining, skating, Wilderness First Responder courses, parachute folding,
skateboarding, etc. Not to mention the aquatic center and fitness center that get regular daily use.
Swanny Park should be reserved for these uses —and not allow special events, especially those that are
commercial in nature, to usurp a lovely public park for a special event that causes congestion and noise
to the park and surrounding neighborhoods and overrides those uses. Thank you."
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SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS: (1:30 on recording)
TransRockies—Failed
Councilmember Guzman -Newton recused herself and left the Council chambers.
Motion and Discussion: Councilmember Jones moved to approve permits and licenses for TransRockies
5th Annual Moab Rocks three-day Mountain Bike Race Festivities April 13 to 16, 2018, including
Granting of Local Consent for a Single Event Alcohol Permit, with conditions. Councilmember Duncan
seconded the motion. Carmella Galley answered questions from Councilmember Derasary about the
anticipated number of attendees. Councilmember Jones asked if outside entities were starting to look
elsewhere for venues due to the City's growing reluctance to allow special events at Swanny Park.
Councilmember Duncan added the numbers will swell. Galley confirmed there had been no complaints
about this recurring event. Discussion followed regarding code governing special events and park uses.
Vote: The motion failed 2-1 aye with Councilmembers Jones and Duncan voting aye and Councilmember
Derasary voting nay.
Groff: Amplified Music —Approved
Motion and Vote: Jones moved to approve a Request by Bill Groff for Amplified Music at Old City Park
on June 1, 2018. Councilmember Duncan seconded the motion. The motion passed 4-0 aye with
Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye.
Moab Music Festival: Amplified Music —Approved
Motion and Vote: Councilmember Duncan moved to approve a Request by Moab Music Festival for
Amplified Music at Old City Park on September 3, 2018. Councilmember Derasary seconded the motion.
The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting
aye.
Moab Music Festival: Sun Court —Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve a Request by Moab Music
Festival for Use of the Sun Court on August 31, September 7 and 9, 2018. Councilmember Jones
seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -
Newton and Duncan voting aye.
Nom Nom Doughnuts —Approved
Motion and Vote: Councilmember Duncan moved to approve a Private Property Vendor License for
Melissa Mattson, doing business as Nom Nom Doughnuts, located at 391 South Main Street for a term
of March 29 to June 4, 2018 and September 8 to November 12, 2018. Councilmember Jones seconded
the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and
Duncan voting aye.
Old Business: (1:51 on recording)
Procurement and Ethics Code Changes —Amended Motion Approved
Motion and Discussion: Councilmember Jones 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 Duncan seconded the motion. City Manager Everitt briefly described the written
feedback from councilmembers regarding certain paragraphs of the proposed code changes.
Councilmember Jones moved to strike language regarding local preference for businesses within a 20-
mile radius of city limits, and keep preference for City businesses. Councilmember Duncan seconded the
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motion. After discussion regarding local business preference and parliamentary procedure, Jones
withdrew his motion and Duncan agreed to withdraw the motion. City Manager Everitt then suggested
the Council review all of the proposed changes, and if agreeable, to then amend the original motion to
incorporate all the changes. More discussion ensued regarding specific parts of the code section
involving local vendors and awarding of bids. Councilmember Derasary opened a discussion about
changes to the procedures of how council reviews the bills. Derasary requested that the independent
auditor be apprised of the change to procedure. More clarification of the proposed edits to the motion
ensued, and Councilmember Jones proposed an amended motion incorporating the first, second and
third amendments as worded in the written amendment sheet. Councilmember Derasary seconded the
motion.
Vote: The amended motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and
Duncan voting aye.
Local Zoning Authority over Short-term Rental Uses —Approved
Motion and Vote: Councilmember Jones moved to approve Reconsideration of A Resolution to Maintain
Local Zoning Authority Over Short-term Rental Uses and to simultaneously rescind the previously -
approved Resolution #13-2018. Councilmember Guzman -Newton seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye.
New Business: (2:29 on recording)
Special Events Permitting Discussion
Mayor Niehaus opened a discussion regarding policy and the Council role in Special Events Permitting.
She suggested amending the park use policy as well as extending the deadline for consideration of
permits. Councilmember Jones agreed that Council should work to set policy since dealing with policy
issues at the individual event level is disrespectful of applicants. He suggested special events permitting
is a hot -button topic in other communities and Moab should look to them to see how their policies have
evolved. Jones also suggested the proposed Downtown Plan could include Swanny Park in its scope. City
Manager Everitt agreed that not only Swanny Park but also other potential venues in the Downtown
Plan area could be discussed. Mayor Niehaus offered that she enjoys events in the City's parks and
stated it is important to have policy to guide event planning. Councilmember Guzman -Newton reported
on her research regarding a Park City staff member's offer to work with Moab and other municipalities
to share their approach to event planning. Councilmember Guzman -Newton asked for clarification
regarding a longer application time frame even for small events. Guzman -Newton considered measures
of success for special events and applicants. She asked if the City would consider economic success for
the applicant or community success, in other terms. City Attorney McAnany brought up the 2017
revision of the special event licensing process found in Chapter 5 of the Municipal Code, which was a
result of staff input and work by the special event community. McAnany commented that it became
clear there is no one -size -fits -all solution. Councilmember Duncan asked for a copy of the existing policy
which council members would be able to comment on.
Door Security Upgrade --Approved
Motion and Vote: Councilmember Derasary moved to approve Procurement of a Door Security Upgrade
Purchase with TJ Communications in an amount not to exceed $49,800. Councilmember Jones seconded
the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and
Duncan voting aye.
Alcohol in Lions Park --Approved
Motion and Discussion: Councilmember Duncan moved to approve Proposed Ordinance #2018-05 — An
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Ordinance to amend Chapter 5.20.660 of the Moab Municipal Code by adding Lions Park to the list of
City facilities where alcohol may be permitted by the City Council. Councilmember Guzman -Newton
seconded the motion. Councilmember Guzman -Newton amended the motion to revise the hours to
include noon till 8:00 PM. Councilmember Jones seconded the motion. Councilmember Duncan
amended the motion to revise the hours to include two o'clock till 10:00 PM, and there was no second
so that amendment failed.
Vote: The motion passed 4-0 aye to add Lions Park to the list of City facilities where alcohol may be
permitted by the City Council, with hours that alcohol may be served to be noon till 8:00 PM with
Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye.
Film Commission Report (2:54 on recording)
Film Commission Director Bega Metzner made the Annual Film Commission Report. She commented
that the Moab To Monument Valley Film Commission is the longest -running film commission in the
world. She pointed out the importance of networking and outreach in her role. She introduced her new
assistant, Olivia Kulander. Councilmember Derasary stated she appreciated the written report.
Councilmember Jones asked what deters filmmakers from working in the Moab area, and Metzner
suggested is it the lack of state incentives and that the cost of crew accommodations is high. She also
mentioned she was working on local hotel incentives and noted crowding in the landscape limited the
ability for some filmmakers to work in Moab.
Limiting Water Rights Allocations —Discussion (3:04 on recording)
Councilmember Jones mentioned local wells which draw from the Valley Fill Aquifer, which he
understands is not connected to the City's springs and wells and the Glen Canyon Aquifer; Jones asked if
the intention of the resolution was to protect City water rights. Councilmember Duncan offered that the
recent United States Geological Survey (USGS) draft study surveyed both of those water sources which
provide the groundwater to the area. Sustainability Director Rosemarie Russo and Kara Dohrenwend,
Vice -Chair of the City's Water Conservation and Drought Management Advisory Board made a brief
presentation of the findings that support proposed Resolution #17-2018 — A Resolution Requesting the
Utah Division of Water Rights to Limit New Allocations within Spanish Valley. Dohrenwend explained
that in the six months since the Board had been convened, much of the discussion surrounded the
concern that there has been an over -allocation of paper water rights when compared to the actual
water supply. She went on to explain that the Board considers the continued issuance of water rights to
be ill-advised and that closure of the aquifer to new rights allocations, or limitations on new rights
should happen sooner than later. Russo stated that several other aquifers in the state have been closed
to new allocations and that even if the local allocations were suspended or limited, there would still be
water available. Dohrenwend added that a lot can happen in the three-year process to create a
groundwater management plan. Mayor Niehaus asked about the origin of the resolution and
Councilmember Duncan stated he had written the first draft and the members of the water board had
edited it. Dohrenwend added that the topic has been discussed at most of the Water Advisory Board
meetings and the Regional Engineer for the Utah Division of Water Rights (UDWRi), Marc Stilson,
provided feedback on the draft resolution, and edits were made. Dohrenwend referred to the 1927
Colorado River Compact regarding water right allocations. Councilmember Duncan noted Stilson will not
dispute the over -allocation of rights in our region. He continued that the Groundwater Management
Plan will take some time and the first phase is to conduct an adjudication process, which has just begun.
He speculated that Stilson would not take action on the City's resolution until the Plan is in place. City
Manager Everitt noted that San Juan County has been allocated 500 acre-feet of new rights. Mayor
Niehaus offered that a similar resolution regarding housing went through several iterations and asked if
the expectation was that the City would carry this resolution forward. Dohrenwend stated the Council
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should decide if there is agreement with the resolution's premise and whether the Council would care to
change or adopt the resolution. She confirmed that the Water Conservation Advisory Board spent
several months gathering information and forming the case for requesting the closure of the aquifer or
for limiting new allocations. Councilmember Duncan acknowledged it is a very technical subject and
after lengthy deliberation is now comfortable with the findings and the proposed direction. Russo
offered to get the Board's reference guide for water supplies, current usage and rights to the Council.
Mayor Niehaus asked the Council for their input on how to proceed. Councilmember Duncan stated he
was comfortable with it and was amenable to the opinions of other Councilmembers. Councilmember
Jones stated he would like more time and asked about the findings of the USGS study. Dohrenwend
answered that the group, like Kolm and van der Heijde, only have preliminary findings but that the
Board felt strongly enough about the draft findings that action was needed; she indicated that the final
peer -review may take a long time. Councilmember Derasary stated she was supportive and wanted to
know if there would be further data that would inform whether closing or limiting allocations from the
aquifer would be more appropriate. Dohrenwend answered that some long-time landowners may be
disenfranchised if they take action to build a well and find they are not able to obtain rights. Russo
added that the State Engineer acknowledged that we are in a drought right now and climate change
could impact the water supply by up to thirty percent. City Manager Everitt suggested staff should take
some time to review the proposed resolution. City Attorney McAnany proposed that review needed to
be done to determine if the State Engineer has the authority to close the aquifer.
Pedestrian Bridge —Approved (3:28 on recording)
Motion and Vote: Councilmember Duncan moved to approve Procurement of a Pedestrian Bridge from
Contech Engineered Solutions in an amount not to exceed $31,015. Councilmember Guzman -Newton
seconded the motion. The motion carried 4-0 aye.
MARC Side Yard Project --Approved
Motion and Vote: Councilmember Jones moved to approve Procurement of a Concrete Project for the
Moab Arts and Recreation Center Side Yard Renovation Project from Straightline Contracting in an
amount not to exceed $28,890. Councilmember Guzman -Newton seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye.
Surplus Property --Approved
Motion and Vote: Councilmember Derasary moved to approve a request of Surplused City Property by
Moonflower Market. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0
aye with Councilmembers Jones, Derasary, Guzman -Newton and Duncan voting aye.
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 $1,670,594.21. Councilmember Jones seconded the motion.
The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Duncan and Guzman -Newton voting
aye.
Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Derasary seconded
the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Duncan and Guzman -
Newton voting aye. Mayor Niehaus adjourned the meeting at 9:39 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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