HomeMy Public PortalAboutMIN-CC-2001-02-27MOAB CITY COUNCIL
REGULAR MEETING
February 27, 2001
The Moab City Council held their regular meeting on the above date in
the Council Chambers of Moab City Offices, located at 115 West 200
South, Moab, Utah. Mayor Karla Hancock called the Pre -Council
Workshop to order at 6:30 PM.
Mayor Hancock called the Regular City Council Meeting to order at 7:00
PM; Public Works Director Brent Williams led in the Pledge of
Allegiance. Also in attendance were Councilmembers Kirstin Peterson,
Gregg W. Stucki, Joseph Lekarczyk, Rob Sweeten and Kyle Bailey; City
Manager Donna Metzler, City Recorder/Assistant City Manager Rachel
Ellison, City Treasurer Laurie Ramstetter, City Attorney Chris
McAnany, Police Chief Michael NaVarre and City Planner Robert
Hugie. Eighty-one (81) members of the audience and media were
present.
There were no Minutes to Approve.
Councilmember Lekarczyk moved to move the agenda to Solid Waste
District Representative Report. Councilmember Sweeten seconded the
motion. The motion carried 5-0 aye.
Under Presentations, Dave Sakrison gave a Solid Waste District
Representative Report. Discussion followed.
Under City Planning, City Planner Hugie stated that the Planning
Department had been working on the General Plan Revision
Under Citizens to be Heard, Brittany Sheain stated that she had heard
that the City was forming a censorship committee in response to the
production of the Vagina Monologues at the Moab Arts and Recreation
Center. Ms. Sheain stated that art is personal and not everyone has to
choose to view it. Ms. Sheain stated that art is a form of freedom of
speech and that the City or another person can't take that freedom away.
Richard Stucki stated that he had read the reviews of the Vagina
Monologues and did not agree with all of them. Mr. Stucki stated that
the New York Post did not give the play a good review. Mr. Stucki
stated that the play may have been sold out, but that as many people
were offended by the content of the play as attended it. Mr. Stucki asked
what was appropriate on City -owned property and if there was a policy.
Mr. Stucki urged the Council to seriously take this opportunity to decide
what the moral environment should be in Moab.
Sue Husch stated that she enjoyed living in a rural community and liked
having the opportunity to have access to a variety of events. Ms. Husch
stated that she valued the diversity of our community. Ms. Husch
inquired how the City would establish moral standards and whose
standards they would use.
Brad Wallis stated that he thought it was inappropriate for the City to
censor a play and that he had made an informed choice not to attend the
play, but not because he found it offensive. Mr. Wallis stated that he did
not think the City should be involved in rating moral issues.
Jeannine Wait stated that individuals can choose not to attend a play and
in a male -dominated society, people should not fear the vagina.
REGULAR MEETING &
ATTENDANCE
APPROVAL OF MINUTES
AGENDA MOVED
PRESENTATIONS
PLANNING UPDATE
CITIZENS TO BE HEARD
Stacy Kennedy stated that she valued freedom of speech for everyone
and that she was offended when Councilmember Stucki stated on
television that the play was degrading to women. Ms. Kennedy stated
that Councilmember Stucki's statement degraded her as a woman.
Randall Freeman inquired why the word vagina was more offensive then
the word elbow. Mr. Freeman stated that if the play had been entitled
the penis monologues there would not be the outrage for censorship.
Mr. Freeman stated that males dominate society and that it was
ridiculous that a group would state that speaking the word vagina was
wrong. Mr. Freeman also stated that censoring art is against morality.
Mr. Freeman stated "hats off' to every woman that performed in the
play. Mr. Freeman inquired why vagina is a harsh word.
Pat Jordan stated that freedom of speech is the cornerstone of democracy
and that the price paid for freedom is tolerating things we don't approve
of Mr. Jordan stated that you can't judge a work of literature by its
words and gave as an example Huckleberry Finn. Mr. Jordan stated that
we live in an imperfect world and that we can't cloud women with
shame and fear of these words. Mr. Jordan stated that he felt the Vagina
Monologues provided a good forum for women to discuss these issues
openly.
Dan Kent stated that he feels that the Moab Arts and Recreation Center
is a community asset and that minority rights are very important in Utah
and that balance is very important. Mr. Kent stated that it was good to
bring abuse to light and that the vagina is the portal of life and the source
of all beings.
Lisa Sweeten stated that she did not agree with the Vagina Monologues
and did not feel it was an appropriate use of public facilities. Ms.
Sweeten feels that citizens should have the right to say what type of
values Moab has and she considers Moab to be a family -friendly place.
Ms. Sweeten stated that people can choose, but that the production
should not be at a City building. Ms. Sweeten asked the Council to
review the policy of what is allowed at the Moab Arts and Recreation
Center. Ms. Sweeten also stated that the irony is that part of the money
raised by the production went to the Seekhaven Shelter and that the
production exploits and demeans women.
D'ahna Chalmers stated that she had seen the play twice and that she
didn't consider it art, but life. Ms. Chalmers stated that she thought the
play was very real and true and that judging or censoring something that
you haven't seen is the same as not seeing something. Ms. Chalmers
stated that rights should not impede other people's rights.
LT Atkinson stated that he was against censorship and that he had
researched the play on the Internet. Mr. Atkinson stated that he visited
the LDS and Southern Baptist web sites and there were no statements or
written reviews of the play. Mr. Atkinson stated that he couldn't find
anything bad about the play.
August Brooks stated that he was offended by the letters to the editor in
the Times Independent and that the Moab Arts and Recreation Center is
a rental building and is often rented to churches and for weddings, and
other events. Mr. Brooks listed several movies playing at a local theater
and described their content. Mr. Brooks stated that he had visited the
Grand County Library and he displayed samples of videotapes, books
and magazines that all included the word vagina. Mr. Brooks suggested
that the Council may want to dispose of all of this material as well as the
Constitution.
CITIZENS TO BE HEARD
Dirk Vaughan stated that he has lived here ten years and that Moab has a
lot of good points. Mr. Vaughan stated that one of those good points is
that we have neighbors that we can trust and that government can't
regulate trust.
Michaelene Pendleton stated that she was in the production and was very
proud that they had done it. Ms. Pendleton stated that the Council
should stay out of censorship and that the tourism draw was for upscale
and sophisticated entertainment. Ms. Pendleton also stated that the
Vagina Monologues won an Obie award in 1997.
Loren Johnson stated that the Council can't legislate what is good or bad
and that it was unjust to fund what one group likes. Mr. Johnson stated
that it was unconstitutional and that the Moab Arts and Recreation
should be closed down and that the Council shouldn't fund things that he
finds offensive with his money.
Kyle Kimmerle stated that he supports morality and that taxpayer's
money shouldn't support productions. Mr. Kimmerle also stated that he
was not informed when the trees would be removed from Bowen Circle.
Public Works Director Williams stated that the trees were causing
drainage problems for the sewer and that new trees would be planted.
Christine Williams stated that the exhibits at the Moab Arts and
Recreation Center conform to Federal and State standards regarding
prurient or pornographic material. Ms. Williams stated that the purpose
of art is to evoke a response and to stir exploration. Ms. Williams asked
what about the play was embarrassing and demeaning. Ms. Williams
stated that her 6-year old daughter was involved in the play. Ms.
Williams stated that the Council would be standing on very shaky legal
ground and debatable ethical ground if it was considering censorship.
Ms. Williams suggested that the Council's role was one of stewardship
and not of censorship.
Under Public Works Department Update, Public Works Director
Williams stated that the design for the 500 West project was almost
completed and would include two lanes with parking and a bike lane.
Public Works Director Williams stated that the project would go out to
bid in April.
Under Police Department Update, Police Chief NaVarre stated that the
traffic lights were reset every time there is a power outage and when they
reset, the touch pads don't pick up bicycles or motorcycles. Police Chief
NaVarre stated that UDOT had given him a key and that he can reset the
lights after outages. Police Chief NaVarre stated that there would be
increased DUI enforcement during Jeep Safari and that he had requested
a copy of the criminal records audit from the state. Police Chief
NaVarre also stated that the Unclaimed Property Auction had totaled
$594 in sales.
Councilmember Peterson moved to Approve a Request by Canyonlands
Community Recycling to hold an Amplified Music Event at Old City
Park to be held on June 30, 2001 with the condition that amplified music
end by 10:00 PM. Councilmember Sweeten seconded the motion. The
motion carried 5-0 aye.
Councilmember Bailey moved to Approve a Request by Jim Haas, d.b.a
Cave Dreamers to hold a Sidewalk Sale on March 18, 2001 and October
6, 2001. Councilmember Peterson seconded the motion. The motion
carried 5-0 aye.
CITIZENS TO BE HEARD
PUBLIC WORKS UPDATE
POLICE DEPARTMENT UPDATE
REQUEST BY CANYONLANDS
COMMUNITY RECYCLING TO
HOLD AN AMPLIFIED MUSIC
EVENT AT OLD CITY PARK,
APPROVED
REQUEST BY JIM HAAS, D.B.A
CAVE DREAMERS TO HOLD A
SIDEWALK SALE, APPROVED
Councilmember Peterson moved to Approve a Refund of Water Usage
by Gayle Stubbs in the amount of $91.50. Councilmember Stucki
seconded the motion. The motion carried 5-0 aye by a roll -call -vote.
Councilmember Sweeten moved to Approve Proposed Resolution #02-
2001— A Resolution Amending the Fiscal Year 2000-2001 Budget.
Councilmember Stucki seconded the motion. The motion carried 5-0
aye by a roll -call -vote.
Councilmember Bailey moved to Approve Proposed Ordinance #2001-
03 — An Ordinance Repealing Chapter 2.60 in its Entirety and Adopting
Chapter 2.60. Councilmember Peterson seconded the motion. The
motion carried 5-0 aye by a roll -call -vote.
Councilmember Peterson moved to Send Proposed Ordinance #2001-05
— An Ordinance Amending Section 17.09.540, 17.09.550 and 17.09.640
of Chapter 17.09, Title 17, of the Moab Municipal Code Regarding
Conditions for the Approval of Home Occupations, Premises
Occupations and Professional Offices to Public Hearing with the
condition of up to two employees can be permitted as to be a condition
set by City Council at time of approval of licenses. Councilmember
Sweeten seconded the motion. The motion carried 5-0 aye,
Councilmember Peterson moved to Approve Proposed Resolution #03-
2001— A Resolution of the Governing Body of Moab City Declaring
Certain Property Owned by the City of Moab as Surplus.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye by a roll -call -vote.
Councilmember Bailey moved to approve a Moved -on Structure Permit
by Robert Morgan, d.b.a. Uncle Bebop's Located at 425 South Main
Street. Councilmember Lekarczyk seconded the motion. The motion
carried 5-0 aye.
Under Reading of Correspondence, Mayor Hancock stated that she had
received a letter regarding private fuel storage on the Goshute
Reservation and that she would provide a copy to Council if desired.
Mayor Hancock also stated that she had a Salt Lake Tribune Article that
outlined how to apply to be a torchbearer for the Olympics. Mayor
Hancock then stated that she had visited a third grade class and provided
Council with a copy of their questions.
Councilmember Peterson stated that she had attempted to reach Mike
Miles at UDOT and had received no response regarding the traffic lights
and that she would send her requests "higher ups".
Under Administrative Reports, City Manager Metzler distributed a
written report.
Under Mayor and Council Reports, Councilmember Peterson stated that
she had attended a North End Development meeting and that
information was given on how much a landowner survey would be and
how lands would be assessed.
Councilmember Stucki stated that Steve Patterson had spoken to him
regarding downtown parking needs. Councilmember Stucki also stated
that he would like the Moab Arts and Recreation Center policy
development to be a future agenda item.
Councilmember Bailey stated that there would be a County meeting
regarding an joint project at the old church orchard on March 7, 8, and 9
and an engineering study regarding a long-term care facility would be
REFUND OF WATER USAGE BY
GAYLE STUBBS, APPROVED
RESOLUTION #02-2001 - A
RESOLUTION AMENDING THE
FISCAL YEAR 2000-2001
BUDGET, APPROVED
ORD. #2001-03 - AN ORD.
REPEALING CHAPTER 2.60 IN
ITS ENTIRETY AND ADOPTING
CHAPTER 2.60, APPROVED
PROPOSED ORDINANCE #2001-
05 SENT TO PUBLIC HEARING
RES #03-2001 - A RES OF THE
GOVERNING BODY OF MOAB
CITY DECLARING CERTAIN
PROPERTY OWNED BY THE
CITY OF MOAB AS SURPLUS,
APPROVED
MOVED -ON STRUCTURE
PERMIT BY ROBERT MORGAN,
D.B.A. UNCLE BEBOP'S
LOCATED AT 425 SOUTH MAIN
STREET, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
MAYOR & COUNCIL REPORTS
reviewed. Councilmember Bailey also stated that a plan would be
developed to approach the Community Impact Board for funding of the
joint project and that the Community Impact Board would be meeting in
Moab on March 8, 2001
Councilmember Sweeten moved to pay the bill against the City of Moab
in the amount of $94,137.86. Councilmember Peterson seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
Councilmember Peterson moved to enter an Executive Session to
Discuss the Character, Professional Competence, or Physical or Mental
Health of an Individual and to Discuss Pending or Reasonably Imminent
Litigation. Councilmember Bailey seconded the motion. The motion
carried 5-0 aye.
An Executive Session was entered at 9:35 PM.
Councilmember Peterson moved to close the Executive Session.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
The Executive Session was closed at 9:57 PM.
Mayor Hancock adjourned the Regular Council Meeting at 9:57 PM.
APPROVAL OF BILLS
MOTION TO ENTER EXECUTIVE
SESSION
EXECUTIVE SESSION OPENED
MOTION TO CLOSE EXECUTIVE
SESSION
EXECUTIVE SESSION CLOSED
ADJOURNMENT