HomeMy Public PortalAboutMIN-CC-2018-01-09MOAB CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 9, 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.
Pre -Council Workshop: Mayor Emily Niehaus called the Workshop 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, Police Chief Jim Winder, Planning Director Jeff Reinhart,
Communications Director Lisa Church, Development Services Manager Sommar Johnson, Recorder
Assistant Eve Tallman and Code Compliance Specialist Mona Pompili.
The Workshop began with a discussion of council expectations. Mayor Niehaus stated she wants to be
accountable and will start meetings on time and will be mindful of time -keeping and expects
participants to be prepared.
City Recorder/Assistant City Manager Stenta explained that council members and the public may
subscribe to receive notifications when agendas and minutes are posted. Councilmember Jones added
that council members and the public may also subscribe to receive notifications for other City activities
such as City job openings, bid postings and public works emergencies. The City's website address to
subscribe is https://moabcity.org/list.aspx.
Other topics discussed regarding expectations included ensuring enough time to read packets prior to
the meeting date, committee assignments and that staff presentations longer than ten minutes should
be made in pre -council workshops with most discussion of agenda items occasioned at the designated
time of the item on the agenda. Councilmember Guzman -Newton asked for patience as she learns the
procedures. Councilmember Knuteson-Boyd reminded others to bring their questions and the public's
questions to the meetings and agreed that patience was requested.
The discussion of expectations was followed by a review of the Rules of Procedure. City Attorney
McAnany explained the Rules were adopted by Council as Resolution 2017-38. He explained the process
for requesting a workshop or meeting, the intent and format for Citizens to be Heard, and touched on
parliamentary procedure, including motions, substitute motions and votes. McAnany noted that votes
are binding and once decided, a councilmember may not change their vote. He also mentioned the
format for public hearings and the council's ability to adjourn lengthy meetings for continuation at a
later date. Councilmember Duncan asked about specifics regarding substitute motions and the
difference between administrative and legislative actions.
Next, the workshop continued with a review of the Form of Government and Powers and Duties of the
mayor and council. City Manager Everitt made a brief presentation. The workshop concluded with a
discussion about Conflict of Interest disclosures of the mayor and council. Mayor Niehaus remarked that
outside interests should be celebrated because it means the councilmembers are engaged in the
community. City Attorney McAnany noted there are provisions regarding dealings with outside
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businesses and he spoke about the reasons council members and the mayor might recuse themselves
from a discussion or vote.
Regular Meeting Called to Order: (1:01 on recording)
Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of
Allegiance. Twenty members of the public and media were present.
Approval of Minutes: Councilmember Derasary moved to approve the minutes of the December 12,
2017 meeting. Councilmember Knuteson-Boyd seconded the motion. Councilmembers Duncan and
Guzman -Newton did not vote as they were not members of the Council at that time. The motion carried
3-0 aye, with Councilmembers Derasary, Jones and Knuteson-Boyd voting aye.
Mayor and Council Reports: Mayor Niehaus reported she was sworn in and on January 5 she moderated
a Town Hall meeting.
Councilmember Guzman -Newton stated she attended the Airport Board meeting and noted that Airport
Manager Judd Hill had been named Utah Airport Manager of the Year. Guzman -Newton added that the
airport construction is scheduled for completion by April 29. She also said she attended the Committee
for the Moab Arts Grant Program, where $7,000 was awarded to local artists and noted the City had
helped to fund the awards. The location of the planned new junior high school was discussed at the
recent school board meeting which Guzman -Newton attended, and she mentioned the site of the
former Red Rock Elementary is being considered.
Councilmember Jones informed the Council that he attended the housing task force meeting. Jones also
remarked that he attended the Dark Skies meeting and that Elaine Gizler of the Moab Area Travel
Council was there. He reported he participated in the Utah League of Cities and Towns (ULCT) webcast
of the legislative policy meeting and noted the meeting's narrative regarding upstate jurisdictions and
"local government overreach."
Councilmember Derasary also reported on the ULCT meeting and mentioned the Utah Association of
Counties (UAC) handout regarding local control issues. She also briefly described the Town Hall panel on
which she participated.
Councilmember Duncan reported on the Water Conservation Board meeting and mentioned the
upcoming regional groundwater management process. He conveyed that Arne Hultquist, the Water
Board Chair, was interested in limiting new water rights associated with the local aquifer. Duncan also
reported he had attended the Homeless Committee meeting and attended a Community Rebuilds open
house.
Councilmember Knuteson-Boyd reported the La Sal Loop Road is closed from the Castle Valley overlook
until March 5.
Administrative Reports: City Manager Everitt reported on the ULCT meeting and stated a document
describing the group's legislative agenda is available online at http://www.ulct.org/legislative-
advocacy/legislative-priorities. He also reported that the recently -discussed Shumway Annexation had
been withdrawn. Everitt announced the City Council Special Workshop Visioning Meeting would be held
on January 20 at the Gonzo Inn. He also informed the Council that the personnel manual revision
project would be forthcoming and is a big effort for the Human Resource department. He concluded his
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remarks with a report that the general fund balance, as reported by the auditor at the last meeting,
included the Class C Fund. City Recorder/Assistant City Manager Stenta pointed out the fund balance
was less than $10,000 in excess of the threshold. Finally, Everitt noted the temporary sewer alignment
project on 100 South.
Councilmember Derasary asked about committee and board assignments and mentioned the Colorado
Association of Ski Towns. She also asked who would be traveling to the Capitol for Local Officials' Day.
Citizens to be Heard: There were no citizens to be heard.
Public Hearing: (1:23 on recording)
At 7:23 PM, Mayor Niehaus opened a public hearing on Proposed Resolution #03-2018 — A Resolution
Modifying Proposed Waste Hauling Rates. City Manager Everitt briefly explained the proposed rate
changes, noting there would be no increase for residential customers. Councilmember Guzman -Newton
asked for clarification regarding the proposed seventeen percent increase for commercial customers.
Dan Kirkpatrick, President of Monument Waste, stated operational costs have increased. Deb Barton,
Manager of the Grand County Solid Waste Management Special Service District, stated there had been
no increase since 2000 and the rising cost of fuel and new equipment necessitated the increase.
Councilmember Duncan asked about public oversight of the commercial increase. Councilmember
Derasary asked if there would be any educational programs for customers aimed as sustainability. Mr.
Kirkpatrick discussed cardboard recycling. Derasary asked if there could be a waste audit and Barton
explained there had been an effort with college students to conduct such an audit, without success.
Kirkpatrick stated Moab's waste was in keeping with the national average and Barton explained that,
since 2013, local recycling volume had doubled, seeing a 27 percent increase in one year. Barton added
that the recycling facility realizes a $50,000 to 70,000 per year loss. There were no public comments
and the hearing was closed at 7:35 PM.
SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS:
Puttin' on the Ritz —Approved
Motion and Vote: Councilmember Jones moved to approve Permits for Seekhaven's Puttin' on the Ritz
Fundraising Event to be held on February 10, 2018 at the Grand Center and amended the motion to
include allowable fee waivers. Councilmember Knuteson-Boyd seconded the motion. She mentioned it
was Seekhaven's 27' year hosting this event. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Canyonlands Half Marathon —Approved
Motion and Discussion: Councilmember Jones moved to approve Permits for Canyonlands Half
Marathon to be held at the Center Street Gym on March 15 and 16, 2018 and Swanny City Park on
March 16 and 17, 2018, with conditions outlined in the agenda packet. Councilmember Knuteson-Boyd
seconded the motion. Councilmember Derasary confirmed there had been no traffic control problems in
past years and pointed out this event would use no public address system in the early morning that
could disturb neighbors. Councilmember Duncan asked about how the cost recovery level for the police
department was determined. Councilmember Knuteson-Boyd noted the live music program was early in
the day so should not disturb neighbors. Councilmember Guzman -Newton asked about projected
attendance and race owners Justin and Denise Ricks estimated there would be approximately 2,000
runners and 2,000 or fewer spectators. They stated they were adopting an approach to host smaller
race crowds than in the past. Councilmember Duncan asked about whether the race organizers
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experienced issues related to Bureau of Land Management fees. Councilmember Derasary praised the
Ricks for their continuation of the tradition of donating to local charities, and Ricks noted the highway
would be closed for a shorter period —only two hours —this year.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Moab Garage Company Beer and Liquor Licenses —Approved
Motion and Vote: Councilmember Derasary moved to approve a Class II Beer License for Ryan Bird,
doing business as Moab Garage Company and to grant local consent for a Limited -Service Restaurant
Liquor License for Moab Garage Company located at 78 North Main Street. Councilmember Jones
seconded the motion. Owner representative Zack Frederickson described the restaurant as fast -casual
food with 75 seats and take-out available. He stated the menu specialized in hot and cold sandwiches
and salads. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
New Business: (1:49 on recording)
Code Compliance Personnel and Procedure:
City Manager Everitt and Planning introduced Mona Pompili as the City's first Code Compliance
Specialist and noted the position was created at the request of the council. He added it is a funded
position. Pompili made a presentation which described the operation as complaint -driven with short-
term rental violations as a priority. She described software to search for nightly rentals and also to track
violations by address. She explained there is a complaint document called the Zoning Complaint Form
on the City website (https://moabcitv.org/DocumentCenter/View/41). Part of Pompili's presentation
described which agency to contact for certain types of resident complaints, and gave examples including
Animal Control for barking nuisances, Grand County Building Department for possible building permit
violations, Public Works for trash dumped on a public street, the Health Department for restaurant
cleanliness concerns and the Fire Department for blatant electrical problems and imminent life safety
issues.
Councilmember Duncan asked if there would be future cooperation with Grand County for code
enforcement, and City Manager Everitt stated there are no plans for adding this scope and emphasized
the full-time nature of code compliance for the City. Councilmember Derasary asked if citizen
complaints were confidential, and City Recorder/Assistant City Manager Stenta and City Attorney
McAnany explained that some information may be released through the Government Records Access
and Management Act (GRAMA).
Air Compressor Repair Purchase Exception —Approved
Motion and Discussion: Councilmember Jones moved to approve an Exception to Procurement Code
for a purchase with Honnen Equipment in an amount not to exceed $11,758.30 for the repair and
refurbishment of an existing Air Compressor. Councilmember Knuteson-Boyd seconded the motion. City
Recorder/Assistant City Manager Stenta explained that she was not informed of the purchase prior to it
being made, a quote was not obtained from the vendor in advance of the repairs - which is not best
practice - and that three quotes for services were not obtained in advance as required by procurement
policy. Councilmember Knuteson-Boyd asked if the work was already done and Pat Dean, Public Works
Director, explained the compressor needed to be repaired twice and the cumulative cost exceeded the
$10,000 spending threshold. Councilmember Guzman -Newton added that she had researched the high
replacement cost and found the repairs were the best choice for the City. Councilmember Derasary
asked if there was a warranty and Dean explained 30-90 days was typical.
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Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Sanitary Sewer Master Plan —Adopted (2:12 on recording)
Motion and Discussion: Councilmember Knuteson-Boyd moved to adopt Resolution #04-2018, the
Sanitary Sewer Master Plan. Councilmember Derasary seconded the motion. City Engineer Williams
explained the Plan process was started in 2017 and addresses existing problems, future plans, and will
enable the City to develop a capital facilities plan. Williams pointed out the Plan documents results of
previous tasks and outlines a ten-year master plan. Discussion with Councilmember Jones ensued
regarding the variability in final project costs, the imminence of the South Trunk Line, and the inclusion
of the Lionsback development. City Manager Everitt noted that this Plan puts the City far ahead of last
year and he thanks Williams and the City's engineers.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Mayor Pro-Tem—Appointed
Mayor Niehaus appointed Councilmember Knuteson-Boyd as 2018 Mayor Pro-Tem.
Reviewer of Bills —Appointed
Mayor Niehaus appointed Councilmember Guzman -Newton as the Council Member Responsible for
Reviewing the Bills Against the City of Moab.
Meeting Schedule —Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to approve Modifications to the 2018 Moab
City Council Meeting Schedule. Councilmember Duncan seconded the motion. Councilmember Jones
voiced concern about the proposed dates of optional joint City -County meetings on the fifth weeks and
suggested scheduling those meetings in the middle of the month when needed. The motion passed 5-0
aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
200 South Right -of -Way —Approved
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #05-2018 — A
Resolution Approving the Easement Agreement for Emergency and Construction Access to Properties
Along the 200 South Right-of-way. Councilmember Guzman -Newton seconded the motion. Mayor
Niehaus and Councilmember Derasary recused themselves and left the chambers. Planner Reinhart and
Development Services Manager Johnson described the proposal, which requests access along the bike
path at West of 200 East on 200 South. Councilmember Duncan asked that the stipulation be made that
only construction vehicles too large for the existing driveway be allowed to use the temporary
construction access as described. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-
Boyd, Guzman -Newton and Duncan voting aye.
Old Business: (3:07 on recording)
Culinary Water Fees —Approved
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #02-2018 — A
Resolution Revising Miscellaneous Culinary Water Use Fees and Clarifying Rates for Multiple Residential
Dwellings that share a Water Meter. Councilmember Knuteson-Boyd seconded the motion. The
firefighter discount was discussed, and City Manager Everitt agreed to strike the fireline rate from the
schedule. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -
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Newton and Duncan voting aye.
Storm Water Utility Rates —Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #01-2018 —
A Resolution Establishing Storm Water Utility Rates. Councilmember Jones seconded the motion. The
motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and
Duncan voting aye.
Approval of Bills Against the City of Moab: Councilmember Derasary moved to pay the bills against the
City of Moab in the amount of $1,665,177.65. 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 Derasary moved to adjourn the meeting. Councilmember Jones 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 9:19 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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