HomeMy Public PortalAboutMIN-CC-2018-06-12MOAB CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 12, 2018
Regular Meeting: 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. Due to infrastructure damage caused by a
local fire, the Council chambers endured electrical power failure for a portion of the meeting resulting in
gaps in the meeting recording. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones,
Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman -Newton. Also in attendance
were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Engineer
Chuck Williams, Records Specialist Eve Tallman, Treasurer Jennie Ross, Planning Director Jeff Reinhart,
Development Services Manager Sommar Johnson and Sustainability Director Rosemarie Russo.
Pre -Council Workshop: Mayor Niehaus called the workshop to order at 6:00 PM. The workshop
consisted of a briefing on the Utah State University —Moab (USU) Campus Project. City Engineer
Williams began with a brief presentation of civil engineering plans for the proposed campus access road,
and then introduced Cody Howick, of the Civil Science consulting engineering firm, as well as
representatives from USU and the State and Institutional Trust Lands Administration (SITLA). He
mentioned easements and rights -of -way, as well as cost estimates and funding secured from the
Permanent Community Impact Board (CIB) in the form of a loan and a grant. He outlined commitments
from the City, County, SITLA and USU and went over the timeline. Next, USU Executive Director Lianna
Etchberger spoke about the benefits to the community provided by the proposed new campus. She
mentioned SITLA's commitment to student housing. USU Vice Provost Rich Etchberger added there is
excitement about the project among the USU Board of Trustees and the Logan administrators.
SITLA Project Manager Troy Herold spoke about the support this project will provide to SITLA and USU.
He mentioned housing and noted there would not be dormitory -style housing but rather owner -
occupied units. He mentioned workforce housing and the desire to avoid short-term rentals.
Councilmember Guzman -Newton asked if the development would be done in phases. Herold noted
student housing would be first and stated a developer would be dictating the housing stock to be
provided. He said he anticipated mostly owner -occupied homes or homes rented to students and not
nightly rentals. Councilmember Duncan asked about the zoning and Herold explained there was a pre -
annexation agreement and City Manager Everitt noted it is in the City's R-4 zone. Discussion ensued
about projected student numbers and it was indicated there would eventually be more than one
thousand housing units.
Williams resumed his presentation with a timeline for CIB funding and discussed terms of the loan.
Everitt described the community redevelopment area and funding mechanisms. Councilmember Jones
asked about long-term plans for SITLA and development of the property in the event the campus
development stalls. Herold explained a lease approach for the housing development.
Regular Meeting Called to Order & Attendance:
Mayor Niehaus called the Regular City Council Meeting to order at 7:01 PM and led the Pledge of
Allegiance. Eighteen members of the public and media were present.
Approval of Minutes: Councilmember Derasary moved to approve the minutes of the May 22, 2018
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meeting with corrections. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0
aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mayor and Council Reports:
Mayor Niehaus reported she met with the Powerhouse Lane focus group and discussed management of
the area and how to mitigate impacts. Niehaus also noted a Rocky Mountain Power briefing she
attended at which $36,500 in community contributions was announced. The Mayor also mentioned a
meeting she had with Marc Stilson, Regional Engineer for the Utah Division of Water Rights. The junior
water rights of San Juan Spanish Valley Special Service District were discussed. Mayor Niehaus reported
on a meeting of the Southeast Utah Association of Local Governments; CIB and weatherization funds
were discussed. Finally, the mayor noted a bypass study meeting she attended which presented initial
concepts. She stated local government representatives are clear about making no compromises with
regard to residential neighborhoods.
Councilmember Derasary reported on the Utah Department of Highways (UDOT) Downtown Plan
meeting. She also mentioned a meeting regarding the future of the Uranium Mill Tailings Remediation
Act (UMTRA) site. Derasary noted that Congressman John Curtis was attempting to secure additional
funding for the UMTRA site cleanup. She also stated she attended meetings of the Grand County
Emergency Medical Services Special Service District, the Housing Task Force and TrailMix. At the TrailMix
meeting, the San Miguel Trail was discussed and she announced the 200 South bridge is now open.
Councilmember Duncan reported his attendance at the Grand Water and Sewer Services Agency
meeting at which Kens Lake was discussed. He mentioned an environmental assessment that would take
place in San Juan County regarding proposed development. He stated water would be a limiting factor.
Councilmember Knuteson-Boyd also reported on the UDOT bypass meeting. She stated preliminary
studies and information gathering were taking place, and there is no endorsement of the project by the
City. She also reported she attended the grand opening of the airport and announced the paving is
complete on the Grand County portion of the La Sal Mountain Loop Road.
Councilmember Guzman -Newton stated she attended a Chamber of Commerce meeting and the
Downtown Plan meeting. She reported she attended the high school graduation. She announced the
successful grand opening of the airport and thanked individuals who helped with art installation for the
terminal building. She also noted job openings at the airport. She mentioned the school district is hiring
a community coordinator and concluded with a mention of the Powerhouse focus group meeting, which
she attended.
Councilmember Jones reported he attended the Downtown Plan workshop.
Student of the Month: Mayor Niehaus awarded Ashlyn Dalton of Helen M. Knight School with the
Mayor's Student Citizenship of the Month Award for May, 2018.
Trust Accountability Award —Presentation
Doug Folsom of the Utah Local Governments Trust awarded the City with a Trust Accountability Program
(TAP) Award.
Administrative Report: City Manager Everitt briefly reported on the ongoing fire near the Cinema Court
apartments affecting the Holyoak neighborhood. He also mentioned that the recently -selected land use
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officer declined appointment and the advertisement had been reissued. He also noted recruitment
progress for other City positions. He described ongoing projects for pavement striping and LED lighting,
and concluded with a mention of his work on Chapter 5 Code Revisions.
Citizens to be Heard:
Mike Steele stated he is a neighbor of the McElhaney's Bed and Breakfast. He expressed his shock at the
agenda item regarding the Conditional Use Permit (CUP) for this business; he mentioned he was waiting
for the case to move through the courts. He testified he was angry, frustrated and confused. He
requested the Council to table the motion for a couple of weeks to make a good decision.
Travis Clark and Teri Clark stated they had nothing to gain or lose and noted there were no issues with
parking. Mr. Clark stated he shares a fence with the Bed and Breakfast. He noted there is a lot of traffic
and speculated it was drivers turning around. He suggested moving the dead-end sign. He claimed he
drives noisy vehicles and he has no issues with his neighbor.
Marc Horowitz remarked on his fear of fire caused by Fourth of July celebrants who break the law. He
requested that the Council not allow the sale of high -flying fireworks. He also requested that Citizens to
Be Heard be moved on the agenda to just after the Pledge of Allegiance.
Jeramey and Mary McElhaney stated that most of the information the City had received regarding their
Bed and Breakfast is false. They reiterated there were false accusations about them owning a Harley
Davidson rental business. They averred their family owns several Harleys and they don't rent them out.
They requested the approval of the Bed and Breakfast Conditional Use Permit (CUP) not be tabled.
Sharon Brussell spoke in favor of the proposed outdoor lighting ordinance. She suggested aligning the
City's ordinance with the County's ordinance as well as shortening the time required for compliance
from seven to ten years to five to seven years. She expressed that Moab can be a model for small towns.
Cindy Pickett stated she lives in Spanish Valley and is interested in the night sky. She said the Spanish
Trail Arena lights are the worst. She stated the lights are consuming the night and also mentioned many
outdoor lights are falsely labeled as dark -sky lighting. Pickett suggested taking the dark sky campaign to
children. She also noted it shouldn't take seven years to comply and suggested working with San Juan
County.
Public Hearing: Proposed Ordinance #2018-11— Adopting the City of Moab Pay Plan
At 7:46 PM, Mayor Niehaus opened a public hearing on an Ordinance Adopting the City of Moab Pay
Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2018-2019. City
Recorder/Assistant City Manager Stenta made a brief presentation regarding the plan and noted a three
percent Cost of Living Adjustment for all personnel. No citizens spoke during the public hearing.
Councilmember Jones moved to close the hearing. Councilmember Guzman -Newton seconded the
motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Special Events/Vendors/Beer Licenses:
Moab Brewers LLC—Approved
Motion and Vote: Councilmember Derasary moved to grant Local Consent for a Bar License for Moab
Brewers, LLC, doing business as Moab Brewery located at 686 South Main Street. Councilmember
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Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary,
Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Sun TRS Moab Valley LLC—Approved
Motion and Vote: Councilmember Jones moved to approve a Class III Beer License for Sun TRS Moab
Valley LLC, doing business as Moab Valley R. V. Resort & Campground located at 1773 North Highway
191. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Sun TRS Moab Valley LLC—Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve a Class III Beer License for Sun
TRS Canyonlands LLC, doing business as Canyonlands R.V. Resort & Campground located at 555 South
Main Street. Councilmember Duncan seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Phantom Fireworks —Approved (1:32 on recording)
Discussion: Councilmember Derasary mentioned citizen concern regarding the sale of fireworks in the
City, and she expressed her understanding that State law forbids municipalities from prohibiting the sale
of fireworks. City Attorney McAnany affirmed that state law stipulates local governments cannot enact
local ordinances that counteract state law governing the sale fireworks. He further explained that
vendors have the right to sell Class C common fireworks during prescribed dates from June 24 to July 25,
even if the City sets rules prohibiting the use of such fireworks within City limits or other restricted
areas. Councilmember Duncan asked about which types of fireworks are legal to sell and McAnany
described various allowed and disallowed devices, with the adage "If it goes up or blows up, it's illegal."
McAnany also noted parents are liable for the actions of children and any person who causes damage
with fireworks is liable. Councilmember Jones asked about whether the several occasions of aerial
fireworks discharged in the past were illegal and McAnany stated they were. Councilmember Duncan
made clear that the Council's "hands are tied" because the state will not allow municipalities to limit the
sale of fireworks.
Motion and Vote: Councilmember Knuteson-Boyd moved to approve a Private Property Vendor
License for Phantom Fireworks Eastern Region, LLC, located at 817 South Main Street for a term of June
15 to July 31, 2018. Councilmember Derasary seconded the motion. The motion carried 4-1 aye, with
Councilmembers Derasary, Knuteson-Boyd, Duncan and Guzman -Newton voting aye and
Councilmember Jones voting nay.
Old Business: (1:39 on recording)
Rules of Procedure —Approved
Discussion: City Attorney McAnany explained he revised the Rules of Procedure to clarify that comments
expressed during Citizens To Be Heard could discuss any topic except public hearing items.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #27-2018 — A
Resolution Amending Rules of Procedure for City Council Meetings and Hearings. Councilmember
Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary,
Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
McElhaney v. City of Moab Settlement —Approved
Discussion: City Attorney McAnany explained the legislative history of the matter and noted a prior City
Council denied the McElhaney's Conditional Use Permit (CUP) for a Bed and Breakfast. He outlined the
case history. He stated that the Utah Supreme Court remanded the decision to the City Council and, in
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view of a possible new wave of litigation, he was instructed to find a settlement. McAnany explained
that since the decision, the applicable R-2 zone does not allow Bed and Breakfast businesses.
Councilmember Knuteson-Boyd asked about off-street parking and City Planner Reinhart explained
there was adequate off-street parking and no guest parking would be allowed on Arches Drive.
Councilmember Duncan asked if there would be an annual review of the CUP and Reinhart explained
that review, per state law, is not on an annual basis but rather is complaint -driven. If violations are
reported, Reinhart explained, there is an opportunity for the vendor to make corrections. The City may
potentially revoke the permit. Reinhart added he was not aware of any current violations.
Motion and Vote: Councilmember Derasary moved to table the motion and Councilmember Guzman -
Newton seconded the motion to table. The motion failed 2-3 aye, with Councilmembers Derasary and
Guzman -Newton voting aye and Councilmembers Jones, Knuteson-Boyd and Duncan voting nay so the
motion failed.
Additional Motion and Discussion: Councilmember Duncan then moved to approve the Settlement in
the McElhany v. City of Moab Case, including possible approval of a CUP for a Bed and Breakfast Facility
at 100 Arches Drive. Councilmember Knuteson-Boyd seconded the motion. Councilmember Duncan
asked neighbors to provide evidence of violations and Councilmember Knuteson-Boyd concurred and
stated she did not know what could be gained by putting it off. Mayor Niehaus concluded by stating the
current Council is bound by rules that were in place in the past, with a hope that there is now a better
grasp of direction for the future. She noted the McElhaneys were advised by a former Councilmember
that a Bed and Breakfast was a good source of supplemental income. She also noted the current Council
can consider a more thoughtful approach to Bed and Breakfasts in rural zones, as well as CUPs and the
R-3 and R-4 zones. Councilmember Derasary stated she had requested the tabling of the motion in view
of the correspondence she and other Council had received about the property over the last year, and
last week, and wanted more time to review it.
Vote: The motion carried 3-2 aye, with Councilmembers Jones, Knuteson-Boyd and Duncan voting aye
and Councilmembers Derasary and Guzman -Newton voting nay.
New Business: (1:58 on recording)
Temporary Fireworks Ban —Approved
Motion and Vote: Councilmember Derasary moved to approve Proposed Ordinance #2018-13 — An
Ordinance Imposing a Temporary Ban on the Discharge of Fireworks within the City with added
stipulations that It is unlawful for any person to discharge fireworks within 20 ft of any residence,
dwelling, structure or combustible materials. Councilmember Jones seconded the motion. Mayor
Niehaus stated the proposed ordinance was restricting fireworks as much as allowable under state law.
It was noted that the Utah League of Cities and Towns has discussed this topic of local control and that
there is a robust lobbying effort on the part of the fireworks industry. Councilmember Jones asked if
there were any citations issued last year for violations. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Designated Depositories —Approved
Motion and Vote: Councilmember Guzman -Newton moved to approve Proposed Resolution #28-2018 —
A Resolution designating depositories for Moab City Financial Accounts. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan
and Guzman -Newton voting aye.
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Outdoor Lighting Ordinance —Discussion
Discussion: City Planner Reinhart briefly presented proposed Ordinance #2018-14 — An Ordinance
Updating Outdoor Lighting Requirements for Development within the Moab City Limits. He outlined
code revisions and noted the aim to become a certified Dark Sky community. Councilmember Derasary
asked Reinhart if there would be a point person at the City, or educational materials available, to help
average citizens understand compliance and any changes they might need to make in the next 5-7 years.
Councilmember Jones urged coordination with the County.
Planning Services —Approved
Motion and Vote: Councilmember Duncan moved to approve Procurement Contracts with Landmark
Design and GSBS for Planning Services to create Small Scale Plans and Provide Other Planning Services as
Required. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with
Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Councilmember Board Appointments —Approved
Motion and Vote: Councilmember Jones moved to Appoint Moab City Councilmember Derasary to the
Grand County Emergency Medical Services Special Services District Board and Councilmember
Knuteson-Boyd to the Museum of Moab Advisory Board. Councilmember Guzman -Newton seconded the
motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and
Guzman -Newton voting aye.
Fire Update: Police Chief Winder briefed the Council on the damage caused by the Cinema Court Fire in
the Holyoak neighborhood and stated that, at that time, eight residences, two garages, and one
business had been destroyed.
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 $295,953.88. 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 Jones moved to adjourn the meeting. Councilmember Derasary 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 9:00 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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