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HomeMy Public PortalAboutMIN-CC-2018-04-24MOAB CITY COUNCIL MINUTES REGULAR MEETING APRIL 24, 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. Joint City Council -Planning Commission Meeting: Mayor Emily Niehaus called the meeting to order at 6:00 PM. In attendance were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Engineer Chuck Williams, Public Works Director Pat Dean, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Communications Director Lisa Church, Development Services Manager Sommar Johnson, Records Specialist Eve Tallman, Parks, Recreation and Trails Director Tif Miller and Sustainability Director Rosemarie Russo. Planning Commission members Allison Brown, Marianne Becnel, Jeanette Kopell, Wayne Hoskisson and Brian Ballard attended the joint meeting. Conditional Use Changes: The Joint City Council -Planning Commission Meeting began with a Discussion regarding conditional use changes. City Planner Reinhart made a brief introduction and conveyed his understanding that the conditional use mechanism was known to be legally and functionally problematic and therefore the Council had directed the Planning Commission and staff to remove conditional uses from the code and to review uses in all zoning districts. Reinhart described examples of proposed changes. Mayor Niehaus asked if there was a deadline and Brown stated the group had been working on the project for nearly two years and anticipated completion. Councilmember Knuteson-Boyd asked about C-5, the neighborhood commercial zone, and the maximum size of businesses. Development Services Manager Johnson stated small retail was changed to 1500 square feet (sf) and grocery/convenience stores did not change. Reinhart explained the substance of the document under review represents existing code and is not presenting new material. Kopell described the structure as an alphabetical list and Jones spoke about repetition in the descriptions for each use in each zone and explained how the County code was organized. Kopell clarified the motivation for repetition was to simplify for the casual reader. Hoskisson explained there was an effort to include all applicable code in each zone section so the reader did not need to navigate various parts of the code. Derasary asked about definitions, and mentioned boarding houses and rooming houses. Reinhart explained the confusion regarding interchangeable terms. Everitt offered that the document would clarify definitions. Derasary also asked for clarification regarding which types of residences would charge Transient Room Tax (TRT). Johnson explained the definitions. Duncan brought up a citizen complaint regarding employee "bunkhouses" in an R-2 neighborhood. Reinhart explained the history of employers purchasing single-family homes and providing employee housing. He stated the definition of family and the Fair Housing Act were considerations. McAnany explained that a legitimate matter regards maximum occupancy limits. Reinhart explained that square -footage per person and associated concerns were at issue. Duncan brought up the matters of noise, parking, and lack of landscape maintenance and the impacts on neighbors. He added there are edits that need to be made to the proposed ordinance before adoption. Guzman -Newton voiced her concern that many points raised about bunkhouses are compliance issues regarding what happens at the exterior of homes. Mayor Niehaus brought up issues regarding residential versus commercial zones. She expressed concern about nightly rentals which impact the stock of permanent residences. Guzman -Newton asked about Page 1 of 6 April 24, 2018 the definition of custom personal services and services establishments. Discussion ensued and it was expressed that areas of the code need clean-up. Derasary brought up ordinance 2016-02 about bed and breakfasts in residential zones. Reinhart said the currently -proposed code allows bed and breakfasts in the R-3 and R-4 zone. The Mayor stated she was not in favor of this use. She continued that the next step was for the Council to review and revise what has been completed to move toward approval. She requested guidance from the City Attorney and asked to schedule a workshop for Council to discuss further revisions. McAnany explained the process begins with the Planning Commission and then the council amends and approves. He explained the limits on the role of the Council in the process without remanding to the Commission. Duncan offered to be a liaison between Council and the Planning Commission. Brown clarified that the role of the Planning Commission was not to make decisions regarding uses but rather to reorganize the code for better interpretation. Mayor Niehaus asked for a separate dedicated workshop meeting to further discuss the code revisions. Councilmember Knuteson- Boyd suggested budget workshops are a priority in the coming month. Land Use Development Code Revisions: The time frame for revising the land use development code was briefly discussed, as was apprising the new commissioners of the history and operations of the planning process. Councilmember Derasary announced an open meeting training May 3. Regular Meeting Called to Order: (1:02 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:03 PM and led the Pledge of Allegiance. Sixteen members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the April 10 and 17, 2018 meetings with corrections. Councilmember Guzman -Newton seconded the motion. Councilmember Jones abstained from the discussion and vote. The motion passed 4-0 aye with Councilmembers Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus reported on her work with Dr. Etchberger at Utah State University for local high school scholarships. She also noted a Utah Department of Transportation (UDOT) hotspot meeting she attended, and added there is a revival of a Powerhouse area focus group with Councilmembers Guzman - Newton and Duncan. Councilmember Derasary reported she attended the celebration at the Canyonlands Care Center regarding their recent five star rating and invited the public to take a tour of the facility. She also reported that the Uranium Mill Tailings Remediation Act (UMTRA) steering committee met and the future site visioning committee was reconvening. Councilmember Jones mentioned a rural recycling roundtable scheduled for May 11 from 9:00 AM to 1:00 PM. Councilmember Guzman -Newton reported on the recent school board meeting and mentioned the Kindness Campaign, the district's energy efficiency study, and the May 31 graduation date. She also noted an economic development project which aimed to hire local young adults. Councilmember Knuteson-Boyd spoke about the upcoming housing authority meeting and described progress on the Mill Creek mutual self-help residential construction project as well as a new affordable Page 2 of 6 April 24, 2018 housing project planned near the KOA that will include eleven homes and 22 townhomes. Administrative Reports: City Manager Everitt mentioned the UDOT regional meeting. Sustainability Director Rosemarie Russo gave a report on the City's sustainability efforts. She cited tourist impacts on the City's efforts toward better stewardship of resources. She mentioned the City's 2020 Vision, the quest for 100 percent renewable electricity, and greenhouse goals. Russo mentioned City objectives such as a tree canopy, and noted her work has been focused on collecting and analyzing data. She mentioned residential and business engagement challenges and referred to the City's sustainability webpage at sustainablemoab.com. She also briefly described the City's grant -funded project with the National Renewable Energy Laboratory (NREL). Electric Vehicle charging stations were discussed. Russo explained the City received a grant for installation and Mayor Niehaus asked if the stations were available free of charge. Russo explained they usually are free and stations are proposed to be located at City Center, the Adventure Inn, Swanny Park, Moab Regional Hospital, and Old City Park. Decommissioned police bikes and an in -town free shuttle were mentioned by Russo, as well as energy savings at the Moab Recreation and Aquatic Center (MRAC) amounting to $9600. Councilmember Guzman -Newton noted the City's energy bills are high and mentioned that other utilities beside electricity would be good to review. An energy audit of the Center Street Gym was discussed. Presentations: Students of the Month: Mayor Niehaus presented the Student Citizenship of the Month Award for April, 2018 to Tyler Mullins for Helen M. Knight School and Chance Carrisoza for Moab Charter School. Mayoral Proclamation: Mayor Niehaus proclaimed April 27, 2018 as Arbor Day in Moab. She also noted the book Drawdown by Paul Hawken. Citizens to be Heard: Terry Howe requested traffic changes on East 100 North. He described congestion and lack of traffic control in the presence of schools and businesses. He recommended marked school crossings and flashing speed limit signs. He suggested a roundabout or traffic lights. He recommended a reduction from 25 to 20 mph. SPECIAL EVENTS/VENDORS/BEER LICENSES: Eddie McStiffs Bar Liquor License —Approved Motion and Vote: Councilmember Jones moved to grant local consent for a Bar Liquor License for Eddie McStiff's Incorporated located at 57 South Main Street. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Snake Oil Coffee Co. —Approved Motion and Vote: Councilmember Guzman -Newton moved to approve a Private Property Vendor License for Andrew Domenick & Harrison McDowell, doing business as Snake Oil Coffee Co. located at 495 West 400 North for a term of June 1, 2018 to May 31, 2019. Councilmember Jones seconded the motion. Discussion ensued about the parking lot of the convenience store where the business was Page 3 of 6 April 24, 2018 proposed to operate. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Old Business: (1:54 on recording) Tentative Budget —Approved Discussion: City Manager Everitt briefly described the upcoming budget approval process and stated the motion to approve the tentative budget would enable the City to prepare a draft version for public review in advance of the public hearing. Budget Presentation: City Manager Everitt presented an overview of the recreation budget. Parks, Recreation and Trails Director Miller answered questions. Councilmember Duncan asked if the MRAC is affordable to residents and Miller explained the facility remains one of the lower -priced recreation centers in the state. He noted that usage continues to climb. Councilmember Jones asked about revenue -neutral sports and Miller explained the added expense for football in the proposed budget because the helmets required recertification at an expense of $3,000. Everitt described the proposed $105,000 improvements and repairs to the MRAC. Jones mentioned the utilities budget in view of conservation efforts. Solar panels were discussed. Councilmember Guzman -Newton brought up wasted water due to constantly dripping showers and recommended push-button shower controls. City Manager Everitt talked about all area residents benefiting from the City's recreation program. Next, Everitt briefed the Council on the Planning budget. City Planner Reinhart noted the proposed growth of the staff to include an assistant planner and an administrative assistant position to be shared with Engineering. Reinhart also mentioned an upcoming open house for the Downtown Master Plan. Discussion ensued about a proposed building inspector on staff. Mayor Niehaus stated her support for better and more planning services, enabling the City to have more capacity to work with developers on affordable housing. She affirmed that the investment would be worthwhile. Councilmember Jones mentioned the line item reserved for planning consultants and Everitt explained the continuance of projects beyond what has been funded in the current fiscal year. Councilmember Duncan brought up the administrative assistant position and relayed feedback regarding accessibility of planning staff for the public. Councilmember Jones mentioned having inspections conducted with a familiarity with City code. He added that having a front -desk person would be valuable to serve walk-in business. A discussion of the Engineering budget followed. City Manager Everitt praised the work of City Engineer Williams. It was pointed out that most of the budget covers salaries. The shared administrative assistant position was mentioned, and it was noted that the Engineering department works closely with the Planning Department. Williams pointed out the value of specialized consulting engineers for various projects. The department's intern was mentioned, who is surveying bicycle and pedestrian traffic. The Treasurer's budget was discussed next. City Manager Everitt mentioned the addition of a Finance Director or a billing clerk. Council asked about bank handling charges and City Treasurer Ross explained these are fees associated with accepting credit card payments. The Recorder's budget was also discussed. City Recorder/Assistant City Manager Stenta spoke of the addition of a part-time position in the current year and described the value of the outsourced payroll services. She described projects aimed at retaining public records and making them available to the public, thereby reducing records requests and making it easier to understand the City's history. Stenta explained required professional development certifications for staff and mentioned her efforts toward succession planning. Mayor Niehaus commented that succession planning was a good idea and it was Page 4 of 6 April 24, 2018 noted that Everitt and Stenta are working on a plan for all departments. Stenta also noted progress on the revision of the Personnel Policies and Procedures Manual. The budget presentation concluded with an overview of the Administration budget. Everitt described some personnel changes. He mentioned moving affordable housing funding to community contributions and talked about the budget -neutral film commission program. Councilmember Jones asked about the Film Commission's rental of office space from the City and noted it should be reflected in the budget to show value for the City's contribution to the joint funding of the commission. Jones also asked about leased office space in the City Center. Councilmember Duncan brought up the matter of tenants versus remodeling expense. Mayor Niehaus noted she wanted more specificity about the line item for affordable housing. The mayor also brought up the possibility for health benefits for the governing body. City Recorder/Assistant City Manager Stenta briefly described the history of coverage for mayor and council and Everitt said a cost would be researched and proposed. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #22-2018 — A Resolution by the Moab City Council to Adopt the City of Moab Tentative Budget for Fiscal Year 2018- 2019 and Setting a Public Hearing for Review of the Final Budget on May 8, 2018 at 7:15 PM. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Sewer Impact Fee Public Hearing —Approved (3:13 on recording) Motion and Vote: Councilmember Jones moved to approve a request to Send Proposed Ordinance #2018-08 — An Ordinance Amending Chapter 13.25 of the Moab Municipal Code with a Schedule Adjustment for the Sewer Impact Fee to Public Hearing on May 8, 2018 at 7:15 PM. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. New Business: Conditional Use Amendments —Tabled Motion and Vote: Councilmember Jones moved to table Proposed Ordinance #2018-01 — An Ordinance Amending Conditional Uses in Chapter 17 of Moab Municipal Code until such time as a workshop could be conducted. Councilmember Guzman -Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Flag Shaped or Panhandle Lots —Approved (3:16 on recording) Motion and Vote: Councilmember Derasary moved to approve Proposed Ordinance #2018-06 — An Ordinance Amending Chapter 17 of the Moab Municipal Code Regarding Flag Shaped or Panhandle Lots with the Addition of Design Standards. Councilmember Jones seconded the motion. Councilmember Duncan asked for some clarification of the intended changes. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Bowen Collins Task Order #18-03—Approved Motion and Vote: Councilmember Duncan moved to approve Task Order #18-03 with Bowen Collins and Associates for the North Sewer Phase II — Final Design and Construction Period Services in an amount not to exceed $85,655.00. Councilmember Derasary seconded the motion. Councilmember Derasary asked for some clarification regarding the project. Lift stations were also discussed. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Page 5 of 6 April 24, 2018 City Center Building Renovation —Discussion (3:25 on recording) City Manager Everitt presented slides showing concepts for a renovation aimed at addressing the City's increased need for office space. Part of the project would aim to optimize the geothermal heating and air conditioning system (HVAC). Everitt explained Method Studio was hired to study space needs and to propose options for renovation and noted the proposed project cost is $1.82 million. Mayor Niehaus asked about financing and Everitt stated he would research options. Councilmember Knuteson-Boyd asked about the priority of the public works building. Councilmember Derasary asked if there was an option to construct in phases and Everitt stated not, since the project entailed finishing interior spaces and related HVAC. Everitt asked the Council for a show of support and councilmembers expressed uncertainty. Discussion ensued. Councilmember Knuteson-Boyd mentioned that professional staff required appropriate work space. Fee Waivers and Community Contributions --Discussion City Attorney McAnany explained that municipalities must receive fair value in exchange for cash donations to community organizations. Councilmember Knuteson-Boyd mentioned the process of reviewing fee waivers for special events had been started and she stated she had met with Carmella Galley about the special events application process. Councilmember Derasary thanked Councilmember Guzman -Newton for gathering information from other governments. Councilmember Duncan asked McAnany about past donations the City had made and McAnany clarified that public funds must be used for public purposes. He stated the city sets criteria and that fair value must be received in exchange. McAnany went on to explain that waiving fees allows for more latitude. Duncan suggested the council should set aside monies for waivers in a planned fashion rather than ad hoc. Councilmember Knuteson- Boyd concurred. Discussion ensued about special events and the true costs to the City. Recent fee increases were brought up. Councilmember Jones wanted the waivers to be reflected in the budget. City Recorder/Assistant City Manager Stenta explained that in the past event producers would pay fees up front and then the City would consider the grant of a refund. 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 $1,054,937.22. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 10:01 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 6 of 6 April 24, 2018