HomeMy Public PortalAboutMIN-CC-2018-08-14
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August 14, 2018
MOAB CITY COUNCIL MINUTES
REGULAR CITY COUNCIL MEETING
AUGUST 14, 2018
Call to Order and 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. 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 Attorney
Chris McAnany, Communications Director Lisa Church, Treasurer Jennie Ross, Public Works
Director Pat Dean, Police Chief Jim Winder, Senior Project Manager Tracy Dutson, City
Engineer Chuck Williams, Moab Arts and Recreation Center Director Meg Stewart and Records
Specialist Eve Tallman.
Workshop: Mayor Niehaus called the workshop to order at 6:30 PM. The workshop consisted
of a discussion regarding the City Park policy. The Council conducted an exercise to edit the
policy, including a clarification about which parks and structures are able to be reserved or used
for special events. Mayor Niehaus asked Counsel for information regarding any specifics
regarding the use of Swanny Park at the time the property was deeded to the City. Discussion
ensued regarding whether to treat Swanny Park differently regarding noise and disturbance due
to its proximity to residences. Councilmember Jones brought up the lack of clarity regarding
opening hours for parks. There were comments about changing rules which currently prohibit
dogs at Rotary Park. The prospect of a $1,000 fine for dog violations was discussed.
Regular Meeting: Mayor Niehaus called the Regular City Council Meeting to order at 7:00
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 July
25, 27 and 30, 2018 meetings 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 on the Veterans’ Charity Ride, the
recent visit by Representative John Curtis, a School Board meeting she attended, an exercise
aimed at managing incidents led by Chief Winder, and a Round Table on opioid abuse she
attended along with Representative Curtis.
Councilmember Derasary reported on a TrailMix meeting she attended at which it was noted
TrailMix staff were in the process of becoming County employees. She suggested inviting Russ
von Koch to address the City about the Uranium Mill Tailings Remedial Action (UMTRA) site
vision in advance of a City Council resolution. She also suggested inviting the property rights
ombudsman to address the Council and Planning Commission. It was suggested an upcoming
joint meeting would be a suitable venue.
Councilmember Duncan reported on a meeting he attended of the Grand Water and Sewer
Services Agency (GWSSA) board. He noted GWSSA is in the process of acquiring paper water
rights for approximately 300 Acre Feet (AF) from a private citizen for more than $150,000. He
added that Kens Lake has gone dry. He concluded with condolences about a code enforcement
officer in Salt Lake City who was killed in the line of duty.
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August 14, 2018
Councilmember Knuteson-Boyd mentioned the joint City and County Council meeting with Rep.
Curtis as well as the Town Hall, and she noted an Interfaith Coalition meeting she attended
where she learned of the effort to provide back-to-school backpacks for youth in collaboration
with Rotary Club and the Moab Valley Multicultural Center. She also learned about the needs of
the Food Bank and stated she would obtain a list of those needs. She concluded with a mention
of children who are left unattended at the public library for long days without food; upon
learning a library staff member was providing snacks from personal funds, an effort has begun
to provide healthy snacks to kids at the library. She suggested the City could sponsor a month’s
snacks.
Councilmember Guzman-Newton also mentioned the joint City and County meeting with Mr.
Curtis. She noted the tools available from the federal government and advocated for creating a
stronger voice through collaborative efforts with Grand County. She reported on a meeting she
had with Lianna Etchberger, Executive Director of Utah State University—Moab (USU), where
constituent concerns were discussed. Guzman-Newton stated Etchberger’s stance is that USU
provides for the higher education needs of the community, not USU’s needs for Moab. She
mentioned an invitation for a field trip to Vernal to see the campus there. Guzman-Newton
suggested Dr. Etchberger seeks to make a presentation to Council. Guzman-Newton concluded
with a report on the Airport Board, which awarded a contract for a tie-down pad at the airport.
Councilmember Jones reported he attended a few Solid Waste District meetings and noted a
staffing crisis as well as an effort to plan for a recycling transition. Jones mentioned meeting
with recycling personnel in Grand Junction. He also attended Dark Sky meetings with code
consultants.
Administrative Report: Chief Winder stated he had conducted interviews for the domestic
violence advocate position. He reported on a training at Seekhaven conducted by the Domestic
Violence Coalition regarding LGBTQ persons. He mentioned the recent spate of passed
counterfeit bills and he concluded with an overview of the workshop he conducted for multiple
law enforcement agencies to prepare for lockdown procedures and school safety.
City Manager Everitt reported on progress regarding the Assured Housing Policy, preparing the
Title 5 Code Revisions for public hearing, work on Title 17, and his intention to create a city-
wide fee schedule for any and all fees charged by the City. He mentioned the need for
consolidated definitions in the code. He suggested scheduling a joint City and County Council
meeting to discuss joint legislative lobbying efforts. Everitt also noted the need for a special
meeting later in the week to award a contract for the 100 West Improvements Project. He also
reminded Council of the need to schedule another Conditional Use Workshop.
Citizens to be Heard: Joe Kingsley spoke about his membership on the Grand County
Transportation Committee. He stated Councilmember Guzman-Newton is also a member. He
announced possible rail service from Southeastern Utah including Moab to Salt Lake City. He
noted there is a feasibility study in progress regarding rail service Thursdays through Sundays.
He asked for the Council’s support for this five-year effort.
Kingsley also spoke about the fantastic impact a rural college has on a town. He also mentioned
a barter coin campaign to raise funds. He concluded that, in reference to the recent code
enforcement officer fatality, that he was physically threatened here in Moab during the 2008
neighborhood cleanup effort for which he volunteered.
Michael Toninelli spoke about the need for the City to better notify residents of annexations,
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August 14, 2018
including locations of proposed annexations and proposed changes in zoning for annexed areas.
He requested that residents who are required to be notified sign something to prove they
received the information. He encouraged the City Council to finish the conditional use code
revisions and to clean up definitions. He questioned how zones and codes could be ignored,
changed, or not adhered to. Toninelli indicated a City Council member stated it is not a time for
code, it is a time for action. He concluded that everybody’s looking out for developers and
affordable housing and [the Council] is looking out for community members and he asked
Councilmembers to reflect on how much their decisions affect people.
Christy Calvin provided written comments: 1) “I believe that a cumulative impact study,
particularly for special events at our parks, must be completed before the Council can effectively
consider revising park use policies.” 2) “Slacklining should not be allowed on any trees in any
city parks—as a general observation, most slackliners are not adequately protecting trees nor are
they using large enough trees.” 3) “Reservation times (see ‘Reservation Parks’ section, bullet no.
6) should take into account noise and how it affects surrounding neighborhoods—7:00 AM is
too early and 10:00 PM is too late for groups to be making noise (as groups do) in the park. I
suggest 8:00 AM to 8:00 PM for general use and 9:00 AM to 5:00 PM for any sound
amplification.” 4) “Please keep Moab city parks dog free!! It’s safer for small children and much
easier to enforce “no dogs” than trying to enforce leashes and poop pickup. Also, dog urine kills
grass—and given the volume of use our parks get, they will be covered by unsightly yellow
patches in no time. Thank You!”
Planning Commission Appointment: (1:13 on recording)
Councilmember Derasary moved to confirm the Mayoral Appointment of David Cool to the
Planning Commission for a fill-in term ending December 31, 2020. Councilmember Knuteson-
Boyd seconded the motion. It was explained the term is eligible for reappointment. The motion
passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and
Duncan voting aye.
Presentation by Girl Scouts: Michele Hill praised City Staff member Chace Gholson for his
efforts to maintain the Girl Scout house, for which the City holds the deed and pays the utilities.
She noted Gholson’s efforts toward the installation of a new cooling unit that was partly funded
by a Make A Difference grant from WabiSabi. In addition, scout Kaylan Young described her
Gold Award service project called KK’s Book Houses, which are free tiny libraries for youth
placed at Cinema Court and at the T&H Corner Store. She said she was working with library
staff to encourage reading among children. She stated she is a new USU student. Hill concluded
that the Girl Scouts build confidence and courage in local girls.
Special Events/Vendors/Beer Licenses:
LaSal Mountain Coffee Roaster—Approved
Motion and Vote: Councilmember Guzman-Newton moved to approve a Private Property
Vendor License for Tim Buckingham, doing business as LaSal Mountain Coffee Roaster, located
at 1393 N. Highway 191 for a term of August 15 to November 30, 2018. Councilmember
Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye.
Old Business:
Ban of Single-Use Plastic Bags—Discussion
City Attorney McAnany requested an opportunity to review codification and enforcement issues
including any amendments of the proposed ordinance. Councilmember Jones asked about
whose responsibility it would be to reach out to the community. Mayor Niehaus stated she does
not expect staff to do it. Councilmember Duncan stated public awareness is an issue.
Councilmember Derasary suggested including boxes in a list of acceptable alternatives to single -
use plastic bags. Councilmember Knuteson-Boyd requested that the purpose of the proposed
ban should be stated and she expressed her concern that as a Council and as a City there is more
to be done regarding educating the public about littering. Councilmember Guzman -Newton
asked if a fee could be charged by businesses for bags and it was explained the Utah Legislature
banned municipalities from collecting a tax on bags. She also brought up a film for youth about
the environmental hazards of plastic bags. When asked, City Manager Everitt stated
Communications Director Church would assist with the public education campaign.
Councilmember Derasary mentioned there is a donor interested in the public education effort
and she also stated her interest in passing the ordinance before the upcoming legislative session.
The timeline proposed edits to the proposed ordinance prior to the next Council meeting for
presentation, then outreach to the community in the weeks following and consideration for
approval at the September io Council meeting.
Wastewater Service Rates Approved
Discussion: Councilmember Knuteson-Boyd described negative comments regarding the
proposed change to billing methods and asked whether there would be an opportunity to amend
the rates in the future. The answer was yes. Mayor Niehaus thanked City Engineer Williams for
the effort. Councilmember Duncan concurred. Councilmember Derasary asked why multi -family
and nightly rental rates don't go up with volume but other rates do. Councilmember Jones also
mentioned the smaller increments for increases in coming years for multi -family and nightly
rental rates compared to other users.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #33-
2018 — A Resolution Establishing Wastewater Service Rates. Councilmember Guzman -Newton
seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Community Contributions —Discussion
City Manager Everitt recapped the progress of the effort to establish guidelines for funding
worthwhile community programs and special events in lieu of fee waivers. Mayor Niehaus noted
the effort started with a hesitancy on the part of Council to waive fees and an interest in collating
community contributions. Councilmember Derasary stated she likes the former system and
discussion ensued about TrailMix, a group for which she serves as the City Representative. She
stated she wanted to find a way to fund TrailMix and was not sure the group fit the guidelines as
set forth. Discussion about using the Community Contributions fund for economic development
activities was touched on, and Councilmember Jones noted that the prior agreement was to
support social and recreational causes and the like. Mayor Niehaus said some qualifiers exclude
certain applicants and Councilmember Knuteson-Boyd brought up the status of TrailMix as a
County entity. Mayor Niehaus stated she would look to City Manager Everitt for an alternative
for TrailMix via an Interlocal Agreement. Everitt mentioned his desire to use City funds for
projects within the City limits and Councilmember Knuteson-Boyd concurred. Councilmember
Jones stated he felt the request from TrailMix was arbitrary and disproportionate and that other
groups will likely apply. The makeup of the Ad Hoc committee was discussed and Everitt was
entrusted to convene the group. Everitt agreed to work with Records/Project Specialist Tallman
to clean up the guidelines for the next meeting for approval.
New Business:
Walnut Lane Property Acquisition —Discussion
Special Projects Manager Tracy Dutson began the discussion with an overview of progress
regarding the land acquisition. He stated the City's priority is for the well-being of the current
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residents. He said it was early in the project and he is focused on the due diligence period. The
appraisal was discussed as well as the development situation in view of relocation concerns.
Councilmember Duncan asked if the City will be the landlord and Dutson recommended a third
party professional management company. Dutson mentioned his work with City Attorney
McAnany regarding future ownership and relocation matters. Duncan asked if it would be like
Cinema Court, and Dutson mentioned mixed density housing with some detached units. Mayor
Niehaus mentioned that the City is investing now but the overall costs will be paid back over
time through rents. She concluded that the investment now will result in more affordable
housing in our community.
Approval of Bills:
Councilmember Guzman -Newton moved to approve payment of bills against the City of Moab in
the amount of $425,705.79• Councilmember Knuteson-Boyd seconded the motion. The motion
passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and
Duncan voting aye.
Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember
Guzman -Newton seconded the motion. The motion passed 5-o aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus adjourned
the meeting at 9:18 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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August 14, 2018