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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 Page 1 of 7 April 10, 2108 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 Page 2 of 7 April 10, 2108 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. Page 3 of 7 April 10, 2108 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 Page 4 of 7 April 10, 2108 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. Page 5 of 7 April 10, 2108 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. Page 6 of 7 April 10, 2108 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 Page7of7 April 10, 2108