HomeMy Public PortalAboutMIN-CC-2017-04-10MOAB CITY COUNCIL MINUTES
REGULAR CITY COUNCIL MEETING
APRIL 10, 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 Niehaus called the Workshop to order at 6:00 PM. In attendance were
Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman -
Newton. Councilmember Kalen Jones was absent. Also in attendance were City Manager David Everitt,
City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Police Chief Jim
Winder, Assistant Police Chief Bret Edge, Administrative Assistant Leigh Anne Reinhart, Records/Project
Specialist Eve Tallman, Communications Director Lisa Church, City Treasurer Jennie Ross, Planning
Director Jeff Reinhart, Development Services Director Sommar Johnson, City Engineer Chuck Williams,
Arts & Special Events Manager Meg Stewart, Sustainability Director Rosemarie Russo, and Parks,
Recreation and Trails Director Tif Miller. Members of the Planning Commission, Police Department and
Water Conservation Advisory Board members were also present.
The Workshop began with a discussion regarding the proposed fiscal year 2018-2019 Annual Budget.
City Manager Everitt mentioned he would specify budget items that are required, such as debt service,
and point out other items that may be more discretionary. He outlined various funds including the Class
C Road fund. He mentioned his proposal for a three percent cost of living adjustment (COLA) for staff
and explained the Council could accept this or could propose a different level or no COLA at all. Everitt
next presented revenue projections. Councilmember Duncan asked about the Resort Community Sales
tax and Everitt explained that Moab is allowed to levy the tax due to the ratio of tourist lodging units to
permanent residential units. Everitt presented a forecast for a 7.9 percent increase in projected tax
revenue. He posed questions for the Council's consideration about how to balance one-time funds such
as grants into the scope of the annual budget. He also invited Council to speculate ways in which the
City partners or overlaps with the County. Everitt explained principles regarding reconfiguring staff
resources and outsourcing some work by contract. Everitt next summarized budgets for each
department of the City, along with the Class C Road Fund and Capital Projects. Councilmember Duncan
asked about vehicles and Everitt described the fleet and departmental vehicles.
Next, Police Chief Winder and Assistant Chief Edge joined the workshop to discuss the police
department budget. Winder stated he anticipates potential overtime expenses. He explained the
department's need for a traffic officer. He mentioned a grant for victim reparations that has a local
match requirement of 20 percent. Mayor Niehaus asked about whether the victim advocate position
overlaps with a service provided by Seekhaven and Winder explained the differences. Winder presented
his concerns about housing costs for officers in the form of a proposed housing allowance. Council
members asked questions about the proposal. The Mayor voiced support for vehicle leases.
Regular Meeting Called to Order: (0:53 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of
Allegiance. Thirty-two members of the public and media were present.
Approval of Minutes: Councilmember Duncan moved to approve the minutes of the March 13, 2018
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meeting as corrected. Councilmember Derasary seconded the motion. The motion passed 3-0 aye with
Councilmembers Derasary, Guzman -Newton and Duncan voting aye and Councilmember Knuteson-Boyd
abstaining because she was not present at that meeting. Councilmember Derasary moved to approve
the minutes of the March 20, 2018 meeting as corrected. Councilmember Knuteson-Boyd seconded the
motion. The motion passed 4-0 aye with Councilmembers Derasary, Knuteson-Boyd, Guzman -Newton
and Duncan voting aye.
Mayor and Council Reports:
Mayor Niehaus reported she attended a meeting of the Southeast Utah Association of Local
Governments (SEUALG) as well as the Permanent Community Impact Fund Board (CIB) prioritization
group. She met with Rocky Mountain Power and discussed the Wattsmart program and met with the
Bureau of Land Management (BLM) regarding Powerhouse Lane to discuss the busy conditions. She
reported that a focus group of agencies and citizens is forming and the City will provide a venue for
discussions. Councilmembers affirmed their support. Mayor Niehaus also mentioned the downtown
plan open house and noted bike paths were of concern to citizens. In her meeting with the Utah State
University (USU) Moab Executive Director, she reported USU-Moab scholarships for Grand County High
School graduates were discussed.
Councilmember Duncan reported on his visit to the Wastewater Treatment Plant and the new Water
Reclamation Facility.
Councilmember Derasary conveyed her appreciation of local resident Kim Schappert. She reported on a
Trail Mix meeting at which an e-bike brochure was discussed. She reported that she received comments
that the public perceives the downtown plan to be "anti -bike" and recommended a survey. In an effort
to improve communication with businesses and the City regarding the Utah Department of
Transportation (UDOT) and the downtown plan, Derasary reported she visited 120 Moab businesses.
She also reported she attended a dance party event at the Moab Arts and Recreation Center (MARC)
and a meeting of the Land Trust.
Councilmember Guzman -Newton reported on the Airport Board's art committee and noted there were
39 entries resulting from the art call for the new airport terminal. She stated she attended a meeting to
discuss the economic impact study of the proposed Arches reservation system with Councilmember
Duncan. She also met with businesses regarding traffic concerns, and reported she attended the
aforementioned BLM meeting about Powerhouse with the Mayor and Councilmember Duncan. She
attended the Chamber of Commerce board meeting and reported on the Chamber golf tournament,
which raises money for high school scholarships. She conveyed that the Chamber is not in favor of the
Arches reservation system and does not agree with the economic impact study. She reported that she
attended the downtown plan open house and talked with residents who are against having bikes on the
highway and also discussed a bypass.
Councilmember Knuteson-Boyd attended a UDOT hotspot project meeting where she reported three
possible bypass routes were discussed. She noted the options are all concepts at this time, and added
the consultants are open to local input. She invited councilmembers to plant pinwheels in front of the
Courthouse in recognition of Child Abuse Prevention Month.
Administrative Reports:
City Manager Everitt reported on stream gauges with the United States Geological Survey (USGS).
At the Council's request, Chief Winder answered questions about how the Jeep Safari event functioned
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from a law enforcement perspective. He spoke about his impressions of the great numbers of
participants and the generally good behavior. He reported on frustrations of local residents, including
parking issues for business owners. He noted vehicle sales were a concern. He detailed his experience at
Powerhouse and Potato Salad Hill. Councilmember Derasary asked if out-of-town law enforcement
assistance was required as in years past, and Winder said it was not. Winder also discussed the
upcoming Rally on the Rocks event. He stated he met with the event director. He stated he is working on
what law enforcement can do to mitigate impacts and speculated that the biggest impacts are speed
and noise. He stated he is working with the Throttle Down committee. He spoke of issues surrounding
licensure, noise, and speed and stated there is an effort to create new signage to reduce revving
engines. Councilmember Guzman -Newton asked about the Half Marathon and Winder stated it went
very well. Councilmember Derasary reported that she had heard many concerns about U-turns on Main
Street and the Chief concurred that this is an issue. Councilmember Guzman -Newton asked affirmation
from the Chief that left-hand turn signals on Main Street are desirable.
Presentation:
Students of the Month: Mayor Niehaus presented Seventh -grader Seneca Tatera and Eighth -grader
Ryder Murdock with the Mayor's Student Citizenship of the Month Awards for April, 2018 for the Grand
County Middle School.
Mayoral Proclamation: Mayor Niehaus proclaimed appreciation for Volunteers in Service to America
(VISTA). She recognized staff from County Planning, Community Rebuilds and Moab Free Health Clinic.
Citizens to be Heard: Melissa Schmaedick spoke about the Folk Festival, the Free Concert Series, and
music at the Arts Festival. She stated she is concerned about impacts of noise in Swanny City Park and
feels compassion for neighbors disturbed by noise and crowds at events. She stated the Arts Festival
produces $600,000 in local revenues. She stated the Farmers' Market increased revenues after the
introduction of music. She added the events rely on volunteers and give back to the community by
producing events. She reiterated her compassion for neighbors who are being squeezed and stated her
programs make conscientious efforts to mitigate impacts.
Special Events/Vendors/Beer Licenses/Solicitors:
Farmers' Market —Approved
Discussion: Requested fee waivers were deliberated. Councilmembers expressed they want a uniform
policy regarding subsidizing events. Councilmember Derasary recommended a budget discussion about
fee waivers. Farmers' Market representative Orion Rogers presented financial information about the
market and stated the events lose money and the goal is to break even.
Motions and Vote: Councilmember Guzman -Newton moved to approve the Special Event Application
for the Farmers Market with the recommended conditions. Councilmember Knuteson-Boyd seconded
the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye. Councilmember Derasary moved to grant a fee waiver in the amount of
$2,930. Councilmember Duncan seconded the motion. The motion carried 3-2 aye, with
Councilmembers Derasary and Duncan voting aye and Councilmembers Knuteson-Boyd and Guzman -
Newton voting nay. Mayor Niehaus voted aye to break the tie and the motion carried. Councilmember
Derasary moved to approve the special use of Swanny City Park. Councilmember Duncan seconded the
motion. The motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
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Moab Free Concert Series —Approved (2:00 on recording)
Discussion: Alcohol fees and logistics were reviewed.
Motion and Vote: Councilmember Knuteson-Boyd moved to approve the Special Event Application for
the Moab Free Concert Series, which includes the Special use of Swanny City Park, the Class Four Special
Event Beer License, and granting local consent for a single event alcohol permit. Councilmember
Guzman -Newton seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary,
Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Councilmember Derasary moved to approve a
fee waiver in the amount of $2,020. Councilmember Duncan seconded the motion. The motion carried
3-2 aye, with Councilmembers Derasary and Duncan voting aye and Councilmembers Guzman -Newton
and Knuteson-Boyd voting nay and Mayor Niehaus breaking the tie by voting aye.
Moab Arts Festival —Approved
Discussion: Mayor Niehaus and Councilmember Guzman -Newton voiced support of the event.
Councilmember Derasary also stated her support and raised a question about noise in the early morning
during setup. Organizer Theresa King spoke about activities during neighborhood quiet hours.
Councilmember Duncan stated his support.
Motion and Vote: Councilmember Guzman -Newton moved to approve the Special Event Application for
the Moab Arts Festival, which includes the special use of Swanny City Park, the Class Four Special Event
Beer License, and the granting of local consent for a single event alcohol permit. Councilmember
Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary,
Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Vision Relay —Approved (2:12 on recording)
Discussion: Councilmember Derasary asked whether it is specified how far in advance event organizers
must notify residents regarding events in order to mitigate impacts on neighbors to Swanny Park.
Whether or not the organizer is non-profit or for -profit was discussed. Councilmember Derasary
requested that a discussion about use of City parks be planned. Councilmember Guzman -Newton
requested that the event be moved to Lions Park. No representative of the event organizer was present
to answer questions. Councilmember Knuteson-Boyd suggested tabling the motion until it could be
discovered if moving the event would be possible. City Manager Everitt suggested that the event be
allowed at Swanny this year with the expectation that the event would only be approved next year if it
was moved to Lions Park. He said there was no noise amplification planned for the event, and
Councilmember Derasary later clarified that the event would require amplification.
Motion and Vote: Councilmember Duncan moved to approve the Special Event Application for the
Vision Relay, which includes the Special use of Swanny City Park from June 7 to 8, 2018 advising the
applicant to consider moving the event to another venue subsequent years. Councilmember Derasary
seconded the motion. The motion carried 3-1 aye, with Councilmembers Derasary, Knuteson-Boyd and
Duncan voting aye and Councilmember Guzman -Newton voting nay.
Hyatt Place —Approved
Motion and Vote: Councilmember Derasary moved to Grant Local Consent for a Hotel Liquor License for
Hyatt Place Moab, located at 890 North Main Street. Councilmember Guzman -Newton seconded the
motion. The motion carried 3-0 aye, with Councilmembers Derasary, Duncan and Guzman -Newton
voting aye and Councilmember Knuteson-Boyd recusing herself due to a previously -declared conflict.
Zax Woodfired Pizza —Approved
Motion and Vote: Councilmember Guzman -Newton moved to grant Local Consent for a Bar Liquor
License for Zax Woodfired Pizza, located at 96 South Main Street. Councilmember Duncan seconded the
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motion. The motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Twisted Jeeps —Approved
Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License for
Nick Oldroyd, doing business as Twisted Jeeps to conduct a display apparatus, located at 446 South Main
Street from a term of April 2018 to April 14, 2019. Councilmember Duncan seconded the motion.
Councilmember Guzman -Newton raised a question about the requested tent on Main Street. The
motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton
voting aye.
All Good Superfresh—Approved (2:26 on recording)
Motion and Vote: Councilmember Duncan moved to approve a Private Property Vendor License for
Lauren Flores, doing business as All Good Superfresh, located at 56 West 100 South for a term of May 1
to October 31, 2018. Councilmember Guzman -Newton seconded the motion. The motion carried 4-0
aye, with Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Fiery Furnace Marching Band —Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve a Performance Permit
Application for Fiery Furnace Marching Band to Conduct Performances at Various Locations to coincide
with Moab ArtWalk and other community events. Councilmember Derasary seconded the motion. The
motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton
voting aye.
Old Business: (2:29 on recording)
Title 2 Revisions —Approved
Discussion: Discussion of an amendment to include the Water Advisory Board membership change
ensued. City Manager Everitt explained the difference between code and the board's bylaws. Mayor
Niehaus commented on feedback she had received regarding the perception that the proposed code
changes take power away from the mayor. She added that the proposed code revisions put more
responsibility on the mayor to perform evaluations of the City Manager.
Motion and Vote: Councilmember Derasary moved to adopt Ordinance 2018-04, an ordinance
amending and repealing certain provisions of Title Two of the Moab Municipal Code pertaining to
elected officers, appointment of officials, the Planning Commission, certain advisory boards, and records
requests fees, with the addition of making the use of pronouns and proper nouns consistent when
describing the responsibilities of elected and appointed officials. Councilmember Guzman -Newton
seconded the motion. The motion passed 4-0 aye with Councilmembers Derasary, Knuteson-Boyd,
Guzman -Newton and Duncan voting aye.
Water Board Membership —Approved
Motion and Vote: Councilmember Duncan moved to amend Moab Municipal Code Chapter 2 to reflect
proposed changes to the membership of the Water Conservation and Drought Management Advisory
Board (WAB) to consist of seven members, six of whom shall be residents of the City of Moab. One
member may, but is not required to, reside elsewhere in the Moab Spanish Valley watershed area.
Councilmember Derasary seconded the motion. The motion carried 4-0 aye, with Councilmembers
Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. City Attorney McAnany asked
Mayor Niehaus to also vote since she has the appointing authority for the WAB. She voted aye.
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Water Rights Allocations —Approved (2:37 on recording)
Discussion: City Manager Everitt explained the background of the resolution, which had been tabled at a
prior meeting to enable the City Engineer and City Attorney to provide comments, which were provided
to Council along with additional comments from the chair of the WAB. WAB Chair Arne Hultquist was
asked by Councilmember Duncan to comment on the City's attorneys written comments. Hultquist
averred that the State Engineer has the authority to act on limiting water rights allocations among other
duties. He also explained that most of the state has closed or limited aquifers. Hultquist went on to
concur with the City Engineer regarding the current state of water supply as sufficient and pointed out
the resolution aims to protect the City's water resources in the decades to come. Councilmember
Duncan stated the state will do what it wants and suggested tabling the motion until Ken Kolm's final
report on water supply is provided to the Council in the coming months. Councilmember Derasary asked
about the timing of the motion and Hultquist raised a concern about continuing to approve new rights
even with evidence the water rights are over -allocated, and the severe impact it would have on junior
water rights holders to have rights taken away in years to come. Councilmember Knuteson-Boyd stated
her wish to table until Ken Kolm's report is complete. Councilmember Derasary and Councilmember
Guzman -Newton voiced support for the WAB's written comments and for the work of the WAB.
Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #17-2018 — A
Resolution Requesting that the Utah Division of Water Rights to Limit New Allocations within Spanish
Valley. Councilmember Duncan seconded the motion. The motion passed 3-1 aye with Councilmembers,
Derasary, Guzman -Newton and Duncan voting aye and Councilmember Knuteson-Boyd voting nay.
New Business: (2:48 on recording)
Planning Commission Appointments —Approved
Discussion: Mayor Niehaus voiced her expectations for attendance at each meeting. Councilmember
Derasary thanked the applicants. Councilmember Duncan asked how the Council can help their work.
Motion and Vote: Councilmember Duncan moved to confirm the mayoral appointments of Allison
Brown, Brian Ballard, and Marianne Becnel to the City of Moab's Planning and Zoning Commission,
effective immediately. Allison's term expires on December 31, 2019, Marianne's term expires on
December 31, 2020, and Brian's term expires on December 31, 2021. Councilmember Guzman -Newton
seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-Boyd,
Duncan and Guzman -Newton voting aye.
Moab Arts and Recreation Center (MARC) Update —Discussion
Meg Stewart made a brief presentation about renovations at the MARC and reviewed usage and modest
fee increases. She spoke of efforts to market the MARC as a wedding venue. Stewart went on to
describe MARC programs including art, dance, summer camp, and classes. She added the MARC
administers the Moab Art Walk and other art and music events and noted outreach opportunities for
staff at various conventions to market the facility. She presented a news video on Moab's public art. She
concluded with a mention of the artist -in -residence program.
Moab Bridge and Trails Project and Easements —Approved (3:15 on recording)
Discussion: Parks, Recreation and Trails Director Miller presented a brief overview of the project. City
Attorney McAnany brought up an issue with section seven of the contract and recommended striking it.
Motion and Vote: Councilmember Derasary moved to approve Double E Construction as the contractor
for the City of Moab Bridge and Trails project and to approve the Easement, striking section seven of the
contract. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with
Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
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Sewer Impact Fee —Tabled
Motion and Vote: Councilmember Knuteson-Boyd moved to table Proposed Ordinance #2018-08 — An
Ordinance Amending Chapter 13.25 of the Moab Municipal Code with New Amounts for the Sewer
Impact Fee. Councilmember Duncan seconded the motion to table. The motion carried 4-0 aye, with
Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Impact Fee Payment Changes —Approved (3:21 on recording)
Motion and Vote: Councilmember Knuteson-Boyd moved to adopt Ordinance #2018-07, which amends
the time for the collection of water and sanitary sewer impact fees to be at the time of application for a
building permit unless otherwise approved. Councilmember Derasary seconded the motion. The motion
carried 4-0 aye. Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voted aye.
Fee in Lieu for Construction Improvements —Approved
Discussion: City Manager Everitt gave a brief summary of the proposed code cleanup item. Mayor
Niehaus voiced her interest in further revisions after analysis. Discussion ensued regarding the code and
its enforcement, with clarification regarding an effort to be more fair and equitable.
Motion and Vote: Councilmember Knuteson-Boyd moved to adopt Ordinance 2018-09, which amends
the Moab Municipal Code Title 12.8.060 regarding fees charged in lieu of constructing required
improvements in the public right of way, with the minor text revisions included as presented at this
Council meeting. Councilmember Derasary seconded the motion. Councilmember Duncan recused
himself. The motion carried 3-0 aye, with Councilmembers Derasary, Knuteson-Boyd and Guzman -
Newton voting aye.
Consent Agenda —Approved (3:45 on recording)
Motion and Vote: Councilmember Knuteson-Boyd moved to approve the Consent Agenda items as
written. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with
Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. The consent
agenda consisted of the following items:
1) Approval of Proposed Resolution #21-2018 — A Resolution Approving a Boundary Line Adjustment for
Lots 51 and 52 of the Bowen Plat, Nichols -Bowen Subdivision as Submitted by Buster J. Nelson.
2) Award of the 2018 Water Meters Bid to Meterworks Incorporated in an Amount not to Exceed
$70,000.
Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to certify that the
bills against the City of Moab have been paid in the amount of $1,321,555.86. Councilmember
Knuteson-Boyd seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary,
Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Executive Session: Was cancelled.
Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Guzman -
Newton seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Knuteson-
Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 9:57 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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