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
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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
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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
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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
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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.
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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
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