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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