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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 Page 1 of 7 March 13, 2018 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. Page 2of7 March 13, 2018 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." Page 3 of 7 March 13, 2018 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 Page 4 of 7 March 13, 2018 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 Page 5 of 7 March 13, 2018 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 Page 6 of 7 March 13, 2018 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 Page7of7 March 13, 2018